All warranties included in the purchases made during the term of this agreement pertaining to the software shall be included in this software maintenance agreement and fall under the same terms and conditions as so.
The Service Provider agrees to complete all projects and maintenance assigned in a professional manner. All work conducted will fall under standards set by the region in which the work is being performed. The Service Provider will not be held responsible for any acts occurring from the Software Owner or any affiliates in relation to the Software Owner.
In the instance either party in this software maintenance agreement defaults on any terms or conditions set forth, the finding party shall notify the defaulting party in writing of the default occurring. Upon notification of said default the defaulting party will have 10 days to cure the default before termination will be required. In the instance either party of this agreement forms a breach during the term of this agreement due to uncontrollable circumstances including but not limited to, flood, hurricane, theft, terrorism, earthquake, or any other acts of god the party shall notify the remaining party of such breach and will be allowed up to 30 days to cure such breach before further action may take place.
In the event any disagreements or controversies occur during the term of this software maintenance agreement both parties agree to seek arbitration to solve such manners. In the event the parties cannot come to an agreement on an arbitrator they shall both choose individually and the chosen arbitrators shall come to an agreement on a third joint arbitrator to hear this case. All arbitration shall be conducted in a central location easily accessible by both parties involved. The arbitrator shall have the final say on any agreements involved and will subject such agreements to the court of [Company.
During the time of such arbitration taking place both parties will continue to uphold all agreements within this software maintenance agreements and complete all tasks assigned. This software maintenance agreement constitutes the entire agreement for the services listed herein, and shall supersede any and all previous agreements put in place either by written form or orally.
Any and all notifications with regard to this software maintenance agreement shall be made in written form and delivered to the responding party either by person or by email or certified mail to the following addresses. Address: [Sender. StreetAddress] [Sender. City] [Sender. State] [Sender. Address: [Client. StreetAddress] [Client. City] [Client. State] [Client. By signing below, both parties acknowledge they have read and understand all terms and conditions found within this software maintenance agreement.
Term Beginning on the agreement date above the Service Provider will begin providing maintenance for the Software Owner for a period of 12 months unless termination by either party is requested. Granted Access The Service Provider shall be granted access to any and all necessary printouts as well as documentation of any software that may have errors upon entering into this agreement.
Proprietary Rights The Service Provider acknowledges that the Software Owner may have sensitive or proprietary information served on the computers or in the software being maintained. Payment In consideration of the tasks being performed during the term of this software maintenance agreement, the Software Owner has agreed to pay the Service Provider all sums listed in the table below. Confidentiality The Service Provider along with any associates or employees under the Service Providers name shall under no circumstances divulge or communicate any personal materials relevant to the Software Owner or any employees or affiliates related to the Software Owner for personal benefit or gain.
Software License Warranty Any and all software replaced during the term of this agreement shall be inclusive of all warranties and agreements inclusive to the purchase of said software. General Warranty The Service Provider agrees to complete all projects and maintenance assigned in a professional manner. Termination The following occurrences will be grounds for termination of this agreement in its entirety.
Failure to pay Either party filing for bankruptcy Any credit seizure taking place with either party Failure to make or deliver services in accordance with the term of this contract. Remedies In the instance either party in this software maintenance agreement defaults on any terms or conditions set forth, the finding party shall notify the defaulting party in writing of the default occurring.
If the Client requests such a change, the Developer will use its best efforts to implement the requested change at no additional expense to the Client and without delaying delivery of the Software. The Client agrees and acknowledges that the judgment regarding any delay or additional expense shall be made solely by the Developer. Development and delivery of the Software under this Agreement are not in violation of any other agreement that the Developer has with another party.
The Software will not violate the intellectual property rights of any other party. For a period of [Time frame] after the Delivery Date, the Software shall operate according to the Specifications. If the Software malfunctions or in any way does not operate according to the Specifications within that time, then the Developer shall take any reasonably necessary steps to fix the issue and ensure the Software operates according to the Specifications.
No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties. This Software Development Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of [State] and subject to the exclusive jurisdiction of the federal and state courts located in [County] , [State]. Delivery The Software shall function in accordance with the Specifications on or before the Delivery Date.
Intellectual property rights in the software The Parties acknowledge and agree that the Client will hold all intellectual property rights to the Software including, but not limited to, copyright and trademark rights.
Change in specifications The Client may request that reasonable changes be made to the Specifications and tasks associated with the implementation of the Specifications. Developer warranties The Developer agrees to the following warrant conditions: 1. No modification unless in writing No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties. Applicable law This Software Development Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of [State] and subject to the exclusive jurisdiction of the federal and state courts located in [County] , [State].
FirstName] [Sender. FirstName] [Client. Exhibit B Milestone schedule Date Project milestone.
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