Acceptance of the Software. Upon delivery by FRx of all of the Deliverables, PSC will review the Software, including the interface to PSC Products and Documentation, and notify FRx should the Software not function substantially as described in the Documentation, the Integration Program attached as Exhibit D and comply with the Acceptance Criteria defined in Exhibit J. In such case, FRx shall modify the Software and Documentation as necessary within a reasonable time after FRx's receipt of a notice from PSC describing in detail such deficiencies and shall deliver the revised material to PSC. PSC shall use all reasonable efforts to perform the necessary software and system integration testing as soon as practicable upon receipt of Software. Should PSC encounter technical difficulties in completing such integration and these difficulties are communicated to FRx, acceptance of Software will not occur until integration of Software with PSC Products is complete. Should PSC fail to advise FRx that Software does not substantially conform to Documentation or the Integration Program and advise FRx of the specific technical difficulties in completing the integration of Software to PSC Products within 30 days of receipt, Software and Documentation shall be deemed to be accepted by PSC.
Acceptance of the Software shall occur upon delivery by the Licensor to the Site of Licensee at the Software, as set forth In Schedule A.
Acceptance of the Software. The Software shall be deemed to have been fully accepted by the Customer upon the expiration of 10 working days from the date of this Agreement unless the Customer has formally expressed non-acceptance in writing within that period.
Acceptance of the Software or Website shall be deemed to have taken place upon the occurrence of any of the following events:
Acceptance of the Software. Once Conditional Acceptance of all of the Software Components has occurred, and the Software has been placed in a live production environment, City will operate the Software for a period of sixty (60) consecutive calendar days (“Live Testing”). During the Live Testing period, City will notify Vendor of any new issues that are discovered where the Software does not comply with the Functional Requirement and upon verification of such Defects by Vendor, they will be added to the Punch List Issues along with the agreed schedule for resolution of such issue. Any new issue discovered during the Live Testing period that is causing either the entire Software system or a core component(s) of the Software to be inoperable without a reasonable and effective workaround must be resolved prior to “Final Acceptance”, and will be considered a “Punch List Issue.” Vendor will resolve any critical issues in the onsite Acceptance environment, contingent on City’s willingness to provide remote access to that environment. Otherwise, issues will be resolved in the hosted test environment and periodic refreshes of the onsite environment will be performed for the purpose of re-testing. At such time as all Punch List Issues that are designated as being resolved prior to Final Acceptance have been resolved, then City will issue Final Acceptance. If a Punch List Issue that does not impair an essential function cannot reasonably be resolved within the Live Testing period, then Vendor will propose a schedule for the resolution of such issue for approval by City, which approval will not be unreasonably withheld. Upon final agreement as to the schedule for resolving all Punch List Issues remaining at the end of the Live Testing period, City will issue Final Acceptance. In the event Vendor and City disagree on whether Punch List Issues have been resolved or require resolution prior to Final Acceptance, then either Party may escalate the dispute accordingly, as set forth in the Statement of Work or the dispute resolution process set forth in this Agreement.
Acceptance of the Software shall occur upon the earlier of (a) Customer's delivery of a notice to Xenos that the Software substantially distributes Reports in a substantially readable manner for a Core Printing Format, or (b) if Customer does not provide notice of a failure of the Software within thirty (30) days of the date hereof, the date that is thirty (30) days from the date of this Agreement.
Acceptance of the Software may not be withheld for reasons other than those connected with the specifications explicitly agreed between Parties and furthermore not due to the existence of minor errors, being errors that do not reasonably obstruct the operational or productive use of the Software, without prejudice to the obligation of the Supplier to rectify these minor errors under the warranty arrangement of article 21, if applicable. Furthermore, Acceptance may not be withheld with respect to aspects of the Software that can be evaluated only subjectively, such as the design of user interfaces.
Acceptance of the Software will be final ninety days (90) days after the mutual execution of a written agreement by the Vendor and DPS that the software and all modules of the software have been installed, operate and satisfactorily tested in accordance the standards set forth in the formal testing protocols summarized in paragraph 3 of this Agreement, Vendor’s documentation, approved scope of work document(s), including without limitation, delivery schedules, the written operating manual, representations, warranties, marketing literature (“Documentation”), response to Request for Proposal and any other communications; provided, however, acceptance shall be subject to School District’s right to revoke the Vendor’s product due to latent defects and unknown, changed conditions adversely affecting the School District.
Acceptance of the Software. Product and/or Customer Solution shall occur or be deemed to occur when all of its constituent Projects have been accepted pursuant to this clause 8.
Acceptance of the Software. Customer is entitled to perform verification testing on delivered Software (the “base product”) to confirm receiving the product(s) as set forth in the Agreement and to confirm that the base products function as set forth in Exterro’s product documentation. Said testing shall be completed within ten (10) days after Exterro makes the base product(s) available to Customer (the “Acceptance Period”). If Customer reasonably determines that the base product made available to them differs from the Agreement, or that the product(s) fails to operate in accordance with the documentation, Customer shall notify Exterro and Exterro shall correct the error. Unless Customer notifies Exterro, in writing, that the Software failed the verification testing, within thirty (30) days after Exterro makes the Software available to the Customer, the base product(s) will be deemed to be accepted. Exterro will not begin configuration services or other Professional Services until such time as the Software has been accepted.
