MPOWER Software definition
Examples of MPOWER Software in a sentence
MPOWER shall have the right to design any Customer requested enhancements or modifications in a way which, in MPOWER's reasonable opinion, will not adversely affect the MPOWER Services or the structure or performance of the MPOWER Software or will have general applicability.
Customer acknowledges that, although MPOWER may, as part of Supplemental Services, perform certain conversion tasks (for which MPOWER shall be responsible), including development of files and programs for the conversion of Customer data into formats for the MPOWER Software, the quality and integrity of all Customer data provided to MPOWER, and the results obtained or resulting from poor or inaccurate data are solely Customer's responsibility.
Notwithstanding the prior sentence, MPOWER's sole obligation hereunder shall be limited to correcting identified and reproducible Nonconformities in the Shelf Version of the MPOWER Software in accordance with Section 4 herein and the relevant portions of Exhibit 1 which deal with Definitions, Support and Time Frame for Resolution of issues logged through the MPOWER Help Desk.
Customer shall promptly notify MPOWER in writing as to the number of production and test copies and location of said copies of the MPOWER Software which it intends to make in each instance.
Any additional MPOWER Services provided in connection with an older Release of the MPOWER Software shall be provided as Supplemental Services.
Notwithstanding the foregoing, the mere viewing of data input screens or the review of output screens and reports generated by released MPOWER Software by third parties, not in competition with MPOWER, shall not be deemed a disclosure of MPOWER Confidential Information.
No identifying marks, copyright or other proprietary right notices may be deleted from any copies of the MPOWER Documentation and all backup copies of the MPOWER Software created shall include all such notices.
Pursuant to this Section 3.2 and the applicable Work Order, Customer may identify enhancements or modifications which it desires to have MPOWER make to the MPOWER Software, such as integration to other software systems, modifications for legal requirements, and other functional enhancements.
If Customer destroys the MPOWER Software, all copies thereof and Documentation, within thirty (30) days of such destruction an officer of Customer shall certify to MPOWER in writing that the MPOWER Software and all copies and Documentation thereof have been destroyed.
Due to the nature of the MPOWER Software and the need for its protection as a trade secret and confidential proprietary information, time is of the essence in its return or destruction, and in the event of Customer's failure to do so within the time provided herein, Customer agrees that MPOWER shall be entitled to obtain injunctive relief to require such return or destruction and reasonable attorneys' fees and costs incurred in obtaining such injunctive relief.