Software and Specifications. The Contractor shall provide all software ("Software") in strict compliance with the descriptions and representations as to the Software (including performance, capabilities, accuracy, completeness, characteristics, specifications, configurations, standards, functions, and requirements) according to the terms of the Contract. Patches and updates. The Contractor shall provide patches and updates needed to maintain security and to ensure compliance with federal guidelines. The Contractor shall reasonably apply, test, and validate the appropriate patches and updates or workarounds on a test version of the application before distribution. The Contractor shall verify and provide written documentation that all updates have been tested and, prior to production, installed. The Contractor shall verify application functionality, based upon pre-negotiated procedures, at the conclusion of patch updates, and provide documentation of the results. Software Licenses. Contractor shall provide Software licenses ("Licenses") in compliance with the specifications contained in the terms of the Contract. Contractor hereby grants an irrevocable, nonexclusive, worldwide, fully paid up, royalty-free license or sublicense to use, execute, maintain, reproduce, modify, display, and perform copies of Software and accompanying documentation in accordance with the licensing capacity (if any) specified in this Contract and or applicable Purchase Instrument. The Department may copy the Software as necessary to efficiently utilize the Software. Without limiting the generality of the foregoing, such rights shall include copying rights granted to "owners of copies" under federal copyright laws of the United States, plus copying: For backup, archive, or emergency restart purposes; For disaster recovery and disaster recovery testing purposes; To migrate the Software for use on other computers or hardware; and To store the Software at any off-premise location which the Department uses for storage purposes. If the Contractor is acting as a reseller of the Software, the Contractor must provide the Licenses, as required by the Software publishers, to the Department and shall coordinate with any negotiations of such Licenses as may be conducted between the Department and the Software publishers. All licenses provided hereunder shall remain in effect perpetually until termination of the Contract. Within thirty days of any termination or expiration of each individual License, the Department will destroy all copies of the Software in its possession or control.
