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1999-073
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1999-073
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Last modified
7/27/2023 12:13:36 PM
Creation date
7/27/2023 10:57:32 AM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
03/16/1999
Control Number
1999-073
Subject
Ericsson Year 2000 Upgrade Proposal Contract Update. Y2K Situation
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40 <br />AND OTHER DOCUMENTS AND WHICH UPGRADE PACKAGES <br />ANDIOR CORRECTIONS WILL PROVIDE THE FUNCTIONAL ABILITY <br />FOR THE COVERED PRODUCTS TO COMPLY WITH THE FOUR <br />RULES OF THE YEAR 2000 READINESS DEFINITION SET FORTH <br />ABOVE: AND (iii) ALL HARDWARE AND SOFTWARE USED WITH THE <br />COVERED PRODUCTS MUST PROPERLY PROCESS DATE DATA TO <br />ALSO COMPLY WITH THE FOUR MULES OF THE YEAR 2000 <br />READINESS DEFINITION SET FORTH ABOVE. <br />THIS YEAR 2000 READINESS WARRANTY SHALL NOT COVER YEAR <br />2000 ERRORS OR PROBLEMS OF ANY KIND CAUSED BY ANY <br />HARDWARE OR SOFTWARE OF ANY PRODUCTS OTHER THAN THE <br />COVERED PRODUCTS, INCLUDING ANY VENDOR PRODUCTS, OR <br />EXCLUDED PRODUCTS WHICH BUYER ACKNOWLEDGES COULD BE <br />IMPAIRED IN THEIR EXPECTED FUNCTIONS BECAUSE OF VENDOR <br />PRODUCTS, EXCLUDED PRODUCTS OR OTHER FACTORS FOR <br />WHICH SELLER IS NOT RESPONSIBLE (EVEN WHERE THE <br />COVERED PRODUCTS COMPLY WITH THIS WARRANTY). <br />In the event of any breach of this warranty, Seller shall, if notified in writing <br />before the ,lss of .Juiy 2000, at Its option and without undue delay, correct <br />or replace the hardware or software of the affected Covered Products, at <br />no expense to Buyer, by providing Buyer with an updated Covered <br />Product software release or a Covered Product software correction, so <br />that the Covered Products can comply with the four Rules of the Year <br />2000 'Readiness definition set forth above. However, as explained above <br />the Year 2000 Readiness of the Covered Products by themselves may not <br />be sufficient for the Buyer's System itself to be Year 2000 Ready, because <br />of Vendor Products, Excluded Products or other Buyer or third party <br />property or matters beyond Seller's control or responsibility, and Buyer <br />shall assume full responsibility for the Year 2000 Readiness of Buyer's <br />System (apart from Covered Products) and all consequences of the lack <br />of such Year 2000 Readiness. <br />THIS YEAR 2000 READINESS WARRANTY CONSTITUTES THE ONLY <br />WARRANTY AND OBLIGATION MADE BY SELLER WITH RESPECT TO <br />YEAR 2000 READINESS OR THE ABILITY OF THE COVERED <br />PRODUCTS TO HANDLE CONVERSION TO THE TWENTY FIRST <br />CENTURY AND OTHER ASPECTS OF WHAT IS BROADLY <br />DESCRIBED AS THE "YEAR 2000 PROBLEM" ('WHICH DEFINITION <br />INCLUDES CERTAIN SIMILAR SOFTWARE DATING PROBLEMS <br />WHICH MAY ARISE BEFORE THE YEAR 2000), AS BUYER <br />ACKNOWLEDGES IT HAS DISCUSSED WITH BUYER'S Y2K EXPERT <br />AND ADVISORS THIS YEAR 2000 READINESS WARRANTY IS IN LIEU <br />OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, IN ANY <br />MANNER RELATING TO THE ABILITY OF THE COVERE=D PRODUCTS <br />Ri �hc�ral C�snlnitil'2i� G1,ttkecS 'J�ergtalic liiial •rel�tnnJ�,e 9 <br />
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