Form Overview The Software License favoring the licensee resolves each negotiation issue in favor of the licensee's position. The definition of the term "licensed software" references an attached exhibit (not included) which allows the licensee to list all of the parts or modules subject to purchase. The software license grant is "unrestricted, non-exclusive, irrevocable and perpetual..." The software is licensed for use on a computer which is defined broadly in a separate exhibit (not included). The license allocates to licensor the responsibility for creating and loading data files. The license allows the licensee a testing period of ninety days to accept the software. Unless the licensee rejects the software in writing during the acceptance period (as negotiated), the software is deemed accepted. The software warranty is based upon a broad definition of the term "documentation," which includes references to brochures and the vendor proposal as well as training materials. Software escrow terms are included. The license fee payment is rendered in two installments: one-half on the implementation date (as acknowledged in writing by licensee) and the balance on the acceptance date (as defined). The license fee payment is acknowledged as part of a computer hardware purchase pursuant to a separate purchase agreement (not included). You can find answers to your questions using our extensive library of
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