## IV.8.3. Guarantee of proper operation of Commissioned software 

IV.8.3.1. Except in the case of hidden defects, for which its liability shall be of unlimited duration, the contractor shall guarantee the proper operation of Commissioned software . It shall be held responsible for the immediate repair, at its own expense, of any breakdowns that occur during the guarantee period, unless it can prove that such breakdowns have occurred for reasons other than mistakes made in performance of the service, or other than manufacturing or design errors in that portion of the work for which it was responsible. 

IV.8.3.2. The contracting authority shall notify by a Means of communication the contractor of the type and scale of any failure as soon as it occurs. If the contractor does not repair the Commissioned software without delay, the contracting authority may have it repaired by a third party, on the responsibility and at the own and sole expense of the contractor. 

IV.8.3.3. The Parties shall jointly define and duly record in minutes the major problems that might affect the Commissioned software . 

IV.8.3.4. The duration of the guarantee shall be extended by the period which elapses between the notification of a major problem to the contractor duly sent by the contracting authority during the stated guarantee period and the date at which the contracting authority accepts the corrected work. 

## IV.8.4. Intellectual property rights  and ownership of source code 

IV.8.4.1. Pursuant to the relevant Article of the General Conditions, the contractor hereby assigns to the contracting authority, which accepts, all Intellectual property rights on the Commissioned software , for the entire world, for the entire duration of the Intellectual property rights involved, and in an exclusive and definite manner. 

IV.8.4.2. The contracting authority shall become the owner of the source code, results, Documentation and sets of tests that correspond to payments already made, except when the same relate to pre-existing Software . Further to Article IV.2.3.4, the use of pre-existing Software shall be subject to the contracting authority’s prior written consent. 

IV.8.4.3. The contracting authority shall have the right to disseminate and distribute a Commissioned software to third Parties, even if it contains pre-existing Software , subject to observance of any licence terms in respect of third party Software . 

## IV.8.5. User manuals and Documentation 

IV.8.5.1. The contractor shall prepare the manuals and Documentation needed for the appropriate and proper operation of the Commissioned software and shall make them available to the contracting authority. It shall comply with the provisions under Article IV.10 in preparing such manuals and Documentation . 

IV.8.5.2. The material shall as a rule comprise: 

(1) an installation manual; 

(2) a “Getting Started” manual; 

(3) an administration, operation and maintenance manual; 

