System procurement agreements define the vendor's obligations with respect to functionality, delivery, maintenance and support. Similarly, confidentiality and payment obligations as well as your rights to use, modify and otherwise implement the System will be expressly specified in the agreement.

In this Chapter the various clauses that comprise the salient rights and obligations expressed in System procurement agreements will be analyzed in the context of: (a) software license, (b) software development, (c) hardware and (d) software maintenance agreements. The deliberate focus on software reflects its pivotal role in the System procurement process. Recommended wording follows the discussion of each clause and the complete form of agreement is reprinted in Appendix A.