I think somebody may have got the wrong end of the stick...
I nearly shat myself, then told them to take a running jump...
5.7 The Contractor acknowledges that:
(i) all rights in the System Product developed by the Contractor shall vest in the Client absolutely and
(ii) it is not entitled to any source code relating to the System Product.
5.8 For the consideration of the fees paid by the Client the Contractor will:
(i) provide a maintenance service to the Client on the System Product as defined in clauses 5.9 and 5.10 throughout the term of any agreement signed
between the Client and its customers, which involve the provision of System Products; and
(ii) be responsible for the future development of the System Product and in particular ensuring its continuing compatibility with subsequent versions of the
Client’s product(s). For the avoidance of doubt this obligation shall continue and survive termination of this Agreement.
5.9 The Contractor will at no additional fee or sum for the period of 10 years from date of written acceptance of the System Product by the Client correct or procure the
correction in accordance with the timescales specified in Schedule 6, of any failures of the System Product to perform in accordance with the System Specification
which are fully identified in writing by the Client to the Contractor.
5.10 The Client may produce maintenance releases of its software, which uses or is integrated with the Software Product from time to time and the Contractor shall for the
period of 10 years from date of written acceptance of the System Product by the Client update the System Products to ensure that such updated System Products
shall operate with the Client’s maintenance releases as they did with the Client’s original software. Such updated System Products will be supplied to the Client at no
additional fee. The parties hereto shall agree a delivery date for such update System Products, which date shall be no later than three months from date of
notification to the Contractor by the Client of its maintenance release availability.
(i) all rights in the System Product developed by the Contractor shall vest in the Client absolutely and
(ii) it is not entitled to any source code relating to the System Product.
5.8 For the consideration of the fees paid by the Client the Contractor will:
(i) provide a maintenance service to the Client on the System Product as defined in clauses 5.9 and 5.10 throughout the term of any agreement signed
between the Client and its customers, which involve the provision of System Products; and
(ii) be responsible for the future development of the System Product and in particular ensuring its continuing compatibility with subsequent versions of the
Client’s product(s). For the avoidance of doubt this obligation shall continue and survive termination of this Agreement.
5.9 The Contractor will at no additional fee or sum for the period of 10 years from date of written acceptance of the System Product by the Client correct or procure the
correction in accordance with the timescales specified in Schedule 6, of any failures of the System Product to perform in accordance with the System Specification
which are fully identified in writing by the Client to the Contractor.
5.10 The Client may produce maintenance releases of its software, which uses or is integrated with the Software Product from time to time and the Contractor shall for the
period of 10 years from date of written acceptance of the System Product by the Client update the System Products to ensure that such updated System Products
shall operate with the Client’s maintenance releases as they did with the Client’s original software. Such updated System Products will be supplied to the Client at no
additional fee. The parties hereto shall agree a delivery date for such update System Products, which date shall be no later than three months from date of
notification to the Contractor by the Client of its maintenance release availability.
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