Software warranties clause—pro-customer
Software warranties clause—pro-customer

The following TMT precedent provides comprehensive and up to date legal information covering:

  • Software warranties clause—pro-customer

    1. 1

      Definitions

      1. 1.1

        In this Agreement:

        Authorised Third Party

        1. means any third party (including agents and contractors) engaged to provide services to the Customer or to any Customer Affiliate including any supplier to whom the Customer or any Customer Affiliate has outsourced any part of its business;

        Customer Affiliate

        1. means any entity that directly or indirectly controls, is controlled by or is under common control with the Customer within the meaning set out in section 1124 of the Corporation Tax Act 2010;

        Customer Environment

        1. means any networks and network devices, servers, server hardware, storage systems, computer systems, file systems, print systems, applications, software or software components, database management systems and related systems, used by the Customer from time to time with which the Software shall connect, exchange data, interface or otherwise interoperate or communicate;

        Licence Fees

        1. means the fees set out in [insert relevant schedule or clause] together with any other amounts payable under this Agreement;

        Open Source Software

        1. means any software subject to a version of the General Public License, together with any other ‘open source’ software falling within the Open Source Definition issued by the Open Source Initiative (www.opensource.org/docs/osd) at the date of this Agreement and any ‘free software’ as defined by the Free Software Foundation (www.gnu.org/philosophy/free-sw.html) at the date of this Agreement;

        Software

        1. means any software (including any Third Party Software) provided to the Customer under this Agreement

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