DHS Software definition
Examples of DHS Software in a sentence
Each Party’s rights and obligations related to DHS Software licenses and/or Services delivered pursuant to an Order shall be limited to the duration or term of such DHS Software license or Service as specified in the applicable Schedule or Order.
DHS shall, at its own expense, defend or, at its option, settle, any action brought against Company by a third party, during the Term, to the extent it is based on a claim that the DHS Software and/or Hosted Services infringes any United States patent, copyright or trademark, or misappropriates a trade secret of such third party.
Unless otherwise agreed by DHS, Company is required to purchase first year Maintenance Services for all other licenses of DHS Software.
Upon installing any Update or Upgrade to DHS Software, Company shall discontinue use of the previous version of such DHS Software and Company will be licensed to use only the updated or upgraded version of the DHS Software, in accordance with the license granted by DHS with respect to such DHS Software.
Company’s sole and exclusive remedy and DHS’s sole obligation for any breach of the warranty set forth in this Section 11.1 will be for DHS, at DHS’s option, to undertake reasonable efforts to correct or replace the nonconforming DHS Software reported by Company during the Software Warranty Period, or to accept a return of and refund to Company, the fees paid by Company to DHS for such nonconforming DHS Software, and terminate the license to any such non-conforming DHS Software.
DHS warrants that upon initial installation of the DHS Software (in the case of DHS Software that, pursuant to the applicable Order, is to be installed by DHS) or initial delivery of the DHS Software to Company (in all other cases), and for a period of ninety (90) days thereafter (the “Software Warranty Period”), the DHS Software will operate in all material respects in conformity with its Documentation.