Test Plan for Optical Grooming Switches - Light Reading

Test Plan for Optical Grooming Switches
15.1 The Vendor agrees to make the Vendor Equipment available to BT for the purpose of delivering
the service in accordance with the terms set out herein.
15.2 BT shall not copy or reverse engineer the Vendor Equipment.
15.3 BT acknowledges that the Vendor Equipment is and remains the property of the
Vendor and, unless otherwise agreed in writing, shall return the Vendor Equipment
forthwith to the Vendor on termination of this agreement.
15.4 BT will take reasonable care and exercise appropriate professional skill in the
conduct of the service, the parties recognise that failure or deterioration of the Vendor
Equipment may occur as a consequence of such acts. The Vendor agrees that BT shall
not be liable to the Vendor in respect of such failure or deterioration of the Vendor
Equipment arising from the reasonable acts of BT pursuant to this agreement.
15.5 It is the Vendor’s responsibility to satisfy himself of the suitability of the Vendor
Equipment for his needs.
15.6 BT shall in no way be liable for the loss or damage to anything brought to and used by the Vendor on the
Vendor Equipment.
16. Intellectual Property
16.1 The Vendor shall keep the software and any operating manuals or other documents in confidence. Any
disclosure thereof by the Vendor to its employees shall be made in confidence and only to the extent
strictly necessary for the proper use of the BT Equipment. The Vendor shall be responsible for ensuring
such disclosure does not lead to breach of this clause.
16.2 The Vendor recognises that the technical specifications and particularly that the software on the BT
Equipment is commercial valuable. As such, under no circumstances will the Vendor be allowed to make
any copy or record of the testing BT Equipment.
16.2.1 All Employees of the Vendor will agree to keep personally secret any information which they learn about the
BT Equipment, including but not limited to: information, knowledge or data of whatever nature which is not
in the public domain, in whatever form including oral disclosure, drawings, photographs, formulae,
algorithms, lists, computer programs, computer data bases, or embodied in equipment.
16.3 Should the Vendor or its Employees breach the terms of this Agreement, the Vendor will be liable to BT in
liquidated damages to the current commercial value of the BT Equipment and Software codes in addition
to any remedy or equitable relief which may be sought by BT from the Courts of England and Wales.
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