## IV.5. SPECIFIC PROVISIONS RELATING TO LICENSED SOFTWARE 

## IV.5.1. Delivery - installation - Documentation 

IV.5.1.1. The Delivery date  of the Software  shall be set at maximum ten (10) working days from the date of signature of the specific contract, unless a different term has been specified in the framework contract or specific contract. 

A failure concerning the Delivery date is considered as a damage to the contracting authority, as defined in Article I.5 of the General Conditions. The contracting authority may decide to claim the payment of damages, under the provision stated in the framework contract. 

IV.5.1.2.  The contracting authority shall be permitted to request additional assistance from the contractor to install the Software  on the adequate hardware  equipment and for training of its personnel at the time of production start-up. Those additional expenses shall be charged to the contracting authority at the prices mentioned in the framework contract. 

IV.5.1.3. The contracting authority and the contractor shall each designate in due time one person each in charge of decisions regarding the delivery and installation of the Software . 

IV.5.1.4. The manner in which the Software shall be delivered shall be agreed upon in the framework contract or specific contract. 

When it is agreed that the Software shall be delivered as material support, the Software shall be delivered on a machine-readable medium (diskette or other) reproducing the original Software kept in the contractor's or the contracting authority's archives. It shall be sent with one copy of the Documentation per licensed copy unless agreed otherwise between the Parties. Any additional copy of the Documentation shall be invoiced to the contracting authority at the price shown in the framework contract. 

When it is agreed that the Software may be downloaded by the contracting authority, then the specific contract shall precisely indicate the location of the download area (such as from an area on the contractor’s website, from an FTP site, etc.) and provide the contracting authority, by a Means of communication , with the accurate and complete instructions, including access codes, enabling it to perform such downloads. 

IV.5.1.5. Delivery of the Software shall be recorded in a Consignment note , presented by the contractor for signature by the contracting authority. In the event that the Software is downloaded, the contracting authority will issue the Consignment note based on the communication of the contractor with the downloading instructions. 

IV.5.1.6. If no Certificate of Conformity has been issued at the end of the one month acceptance period stated in Article I.1 of the General Conditions and, if no notification of faulty operation is pending, the contracting authority is considered as having accepted the Software. 

IV.5.1.7. The contractor authorises the Commission to reproduce the Documentation for any Internal use provided that any copyright indication in the Documentation is also reproduced. 

## IV. 5.2. Trial - acceptance 

IV.5.2.1. Upon request of the contracting authority the contractor shall grant for each new licensed Software or each New version of the Software a one (1)-month trial period during which the Software shall be available for non- productive use. Longer test periods and their conditions may be convened in the framework contract or by specific contract. 

