Legal Contract Templates Open Source Software Installation Agreement

Writing the Open Source Software Installation Agreement document

company name SOFTWARE INSTALLATION AGREEMENT OPEN SOURCE THIS AGREEMENT is made this current day day of current month current year by and between company name hereafter referred to as Customer and company name hereafter referred to as Company The purpose of this Software Installation Agreement is to set forth contract arrangement under which Company will provide fully licensed copy of Insert software application or suite name The Software Project and Installation Services for single Insert desktop network target domain or web server for Customer. Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Company hereby agree as follows. 1. Installation of the Software Project. Customer agrees to compensate Company according to the terms listed on Exhibit attached hereto.

2. Specifications. Company agrees to develop the Software Project pursuant to the specifications set forth in Exhibit attached hereto the Specifications 3. Delivery of Software Project. Company will use reasonable diligence in the development of the Software Project and endeavor to deliver to Customer operational Software Project files as soon as possible. Customer acknowledges however that this delivery deadline and the other payment milestones listed in Exhibit are estimates and are not required delivery dates. Company will make every effort to advise Customer of any delays in advance and seek Customer feedback in regard to the proposed timeline as the development process progresses. 4. License and Ownership Rights. Company grants Customer world wide non exclusive right to use in whole or in part the Software Project on single web site domain or server. No additional compensation or license fees shall be required of Customer after the installation is complete. Company shall retain its ownership in all rights title and interest in all pre existing works interfaces navigational devices menus menu structures or arrangements icons help and other operational instructions and all other components of any source or object computer code that comprises the Software Project all pre existing literal and non literal expressions of ideas Companys Style that operate cause create direct manipulate access or otherwise affect the Content and all other pre existing or proprietary copyrights patents trade secrets and other intellectual or industrial property rights in the Software Project or any component or characteristic thereof. Customer shall not do anything that may infringe upon or in any way undermine Companys rights title and interest in the Software Project as described in this paragraph 4. Notwithstanding the above Customer shall retain all of its intellectual property rights in any text images or other components it owns and delivers to Company for use in the Software Project in addition to the physical presence of the site itself.

Customer shall be provided with copy of all installation files and code that comprises or makes up the Software Project as part of this agreement. 5. Proprietary Information. Proprietary information exchanged hereunder shall be treated as such by both Company and Customer. This information shall include but not be limited to the provisions of this Agreement and both parties product services information and pricing. Customer further agrees to not decompose disassemble decode or reverse engineer any Company owned program code or technology delivered to Customer or any portion thereof. 6. Warranty. Company is not responsible for defects caused by changes or issues resulting from third party tools or applications it does not have direct control over including but not limited to. web browsers operating systems OS plug ins extensions software programs applets newly discovered vulnerabilities scripts or other items. 6 No Warranty for Outcome or Use of the Software Project. Company makes no warranties or representations of any kind whether expressed or implied for the suitability or the outcome from the use of the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Customer including loss of data resulting from delays non deliveries or service interruptions by any cause or errors or omissions. Use of any information or results obtained is at Customers own risk and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any connection speed or application execution speed for end users is not guaranteed. Company specifically denies any responsibilities for any damages arising as consequence of any unavailability. 7. Open Source Disclaimer.

Customer acknowledges that the some of the solutions and libraries being provided by Company are Open Source and Customer is being granted worldwide non exclusive license under the General Public License GPL to deploy modify or otherwise use the Open Source Code in their business or enterprise. Customer is not being charged fee for using any open source resources; rather they are paying fee for the installation service and custom coding provided by Company. The use of Open Source software carries NO WARRANTY whether explicit or implied and Company is not responsible for any damages that may be incurred as result of using Open Source software libraries or other resources. 7 Critical Patches Upgrades and Security Risks. Customer acknowledges and understands that from time to time vulnerabilities may be uncovered in the Software Project or the operating system applications or other programs or resources that the Software Project may be dependent upon to function. Customer acknowledges that it is not Companys responsibility to support upgrade or otherwise patch the Software Project after installation is complete. 8. Disputes. If legal proceedings are commenced to resolve dispute arising out of or relating to this agreement the prevailing party shall be entitled to recover all costs legal fees and expert witness fees as well as any costs or legal fees in connection with any appeals.

9. Indemnification. Customer shall indemnify and hold Company harmless from and against any and all claims judgments awards costs expenses damages and liabilities including reasonable attorney fees of whatsoever kind and nature that may be asserted granted or imposed against Company directly or indirectly arising from or in connection with Customers marketing or support services of the Software Project or services or the unauthorized representation of the Software Project and services or any breach of this Agreement by Customer. Customer warrants that everything it gives Company is legally owned or licensed to Customer. Customer agrees to indemnify and hold Company harmless from any and all claims brought by any third party relating to any aspect of the Software Project including but without limitation any and all demands liabilities losses costs and claims including attorneys fees arising out of injury caused by Customers products services material supplied by Customer copyright infringement and defective products sold via the Software Project. 10. Use of Software Project for Promotional Purposes. Customer grants Company the right to reference the Software Project for promotional purposes and or to cross link to it with other marketing efforts developed by Company. Company may not at any time disclose or grant access to Customers Software Project private information resources or any other non public asset used for the purposes of promotion or marketing. 11. No Responsibility for Theft. Company has no responsibility for any third party taking stealing hacking altering or otherwise modifying all or any part of the Software Project Source Code Object Code Graphics Text or any other materials related to the Software Project. 12. Right to Make Derivative Works.

Company has exclusive rights in making any derivative works of pre existing or open source code or related graphics and animations. Customer acknowledges that similarities may exist between other Software Projects developed by Company and any such similarities both past and future constitute Companys Style and proprietary information. 13. Identification of Company. Customer agrees that Companys links will be placed on the bottom of the front page and on internal pages of the Software Project in mutually agreeable size and location. Customer also agrees to put Companys copyright notices in any source code where pre existing or proprietary information is present. Source code copyrights shall not be public unless user views the source code directly. Customer agrees to display all legally required copyright notices as prescribed by applicable law. 14. General. If any provision of this Agreement is held to be unenforceable the enforceability of the remaining provisions shall in no way be affected or impaired thereby. failure by any party to exercise or delay in exercising right or power conferred upon it in this Agreement shall not operate as waiver of any such right or power. 15. Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 16. Force Majeure. Company shall not be held liable for failure to fulfill its obligations under this Agreement if such failure is caused by circumstances beyond the reasonable control of Company or its suppliers or contractors including but not limited to acts of God disasters acts of terrorism unavailability of materials equipment failures strikes riots wars or other labor disturbances. EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed

company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials Company Initials

Writing the Exhibit E (Additional Services) document (alternate or related contract document)

EXHIBIT E ADDITIONAL SERVICES The project will contain the following additional services. A. Describe each additional service to be included in the project per the terms of the contract and proposal

Writing the Milestone Waiver Agreement document (alternate or related contract document)

company name Milestone Waiver Agreement address address city state or province zip or postal code Phone phone number DATE. current date Order WorkOrder

Client. company name city state or province zip or postal code Phone phone number For. Description of project milestone deliverable to be waived This agreement entered into by and between company name and company name hereby amends agreement WorkOrder as follows.

company name agrees to waive the following milestone and deliveribles and release company name from any further contractual obligation. Initials Description of Waived Milestone Description of Project Milestone Deliverable to be waived Insert Milestone number here Insert rights and remedies and any information pertaining to alteration of payments concerning this milestone or deliverables Description of Project Milestone Deliverable to be waived Insert Milestone number here Insert rights and remedies and any information pertaining to alteration of payments concerning this milestone or deliverables Description of Project Milestone Deliverable to be waived Insert Milestone number here Insert rights and remedies and any information pertaining to alteration of payments concerning this milestone or deliverables Description of Project Milestone Deliverable to be waived Insert Milestone number here Insert rights and remedies and any information pertaining to alteration of payments concerning this milestone or deliverables Description of Project Milestone Deliverable to be waived Insert Milestone number here Insert rights and remedies and any information pertaining to alteration of payments concerning this milestone or deliverables ACCEPTANCE OF AGREEMENT. I certify that the aforementioned milestones and or deliverables required under the agreement listed on this document have hereby been waived and release company name from any requirement to demonstrate deliver or otherwise complete to my satisfaction in order to fulfill the terms and conditions in aforementioned agreement #. Clients signature

Writing the Project Contract Acceptance Signoff Form (Verbose) document (alternate or related contract document)

company name Project Acceptance Signoff address address city state or province zip or postal code Phone. phone number DATE. current date Order WorkOrder Client.

company name city state or province zip or postal code Phone. phone number For. General Description of Project Deliverables Please initial the following sections which detail the projects deliverables contracted between company name and company name and sign the Acceptance of Agreement at the bottom of this document. Initials Description of Completed Milestone Acceptance of Milestone #1 description here Acceptance of Milestone #2 description here

Acceptance of Milestone #3 description here Acceptance of Milestone #n description here Acceptance of Project per Contract Specifications. ACCEPTANCE OF AGREEMENT. I certify that have received the above project deliverables from company name and that all deliverables have been demonstrated delivered or otherwise completed to company names satisfaction. further certify and release company name from any further obligation or duty unless otherwise agreed upon in writing. I understand that by signing this agreement release company name from any and all liability tort or claim concerning this project. further understand that all files provided to company name are to be used at company names sole risk and responsibility and all files should be tested prior to sending them to press replication or any other mass production.

company name may now charge or invoice company name any outstanding monies owed for completion of the project. Best Practice Note. If billing by credit card the above line should include permission to charge their credit card. This helps reduce your chargeback exposure. Example. Florentine Design Group LLC may now charge the final installment of 390 to AMEX ************345 for completion of the project. Clients signature. Date.

How do you write a Software Testing Plan document? (alternate or related contract document)

Software Testing Plan STP THE STP PROJECT DOCMENT TITLE Author Title company name current date Document Version Control Information V 1. 0

1. Introduction 1 Purpose of this document Objectives Insert the purpose of this document its objectives and its intended audience. 1 Scope of document Insert description of the scope of this Software Testing Plan 1. 21 Scope Constraints

Insert constraints such as schedules costs interactions overview or any other information relevant to the testing of the development requirements. 1 Overview Insert an overview or brief description of the product software or other desired end result that is being tested under this Software Testing Plan. 1 Business Context Insert an overview of the business or organization desiring the development of this project. Include the business or organizations mission statement and its organizational goals and objectives. Note. If you have already completed Software Requirements Specification the majority of this material is copied verbatim from that document. The purpose of this preamble is to familiarize staff recently attached to the testing portion of project who may not have been present or involved with earlier stages of the project. 1 Testing Strategy Insert general overview of the strategy and plan for meeting the testing deliverables. Describe the levels of testing that will need to take place and the type of testing activities. more detailed outline will be provided further on in this document. If there are specific tests that need to follow their own STP you can describe them in an additional document separate from this main document. A Testing Strategy Outline will include.

* The individual items to be tested * The purpose for testing those items * The individual features to be tested * The individual features NOT to be tested * The managerial and technical approach to testing * The criteria for pass and failure of testing

* The individual roles or responsibilities of participants in testing * The milestones and deliverables required for testing * The schedules and timelines for individual tests or the Software Testing Plan as whole * The risk assumptions and constraints placed upon the Software Testing Plan. 1 References and Reference Material

Insert list of all reference documents and other materials related to the Software Testing Plan. References will often include but are not limited to. * Software Requirements Specifications * Software Development Plan * Software Quality Assurance Plan * Software Management Plan

* Project Outline and Management Plan 1 Documentation Items Insert references to documentation including but not limited to. * Software Requirements Specification SRS * Software Design Specification SDS

* Software Development Plan SDP * Software Installation Guide * Software Users Guide * Software Features Guide * Software Bug Error Correction or Defect Removal Guide 2. Items to be Tested 2 Program Modules Insert description of the testing to be performed for each module that the software contains.

2 Job Control Procedures Insert description of the procedures to be followed for testing the job control language JCL including scheduling for production control and all job sequencing. This section should include all the relationships between the above mentioned items in the Program Modules section. 2 User Procedures Insert description of the testing to be conducted on user documentation and support resources online or printed to ensure that they are complete and comprehensive. 2 Operator Procedures Insert description of the testing procedures to be conducted to ensure that the software can be run and supported within production environment as intended and that any Help Desk or other support services outlined in the plan can be verified as effective and meeting the intended support outcomes as outlined in the goal of the Software Testing Plan. 2 Features to be Tested Insert the objectives and requirements for features that are being tested in this Software Testing Plan. 2 Features Not to be Tested

Insert the objectives and requirements for features that are NOT being tested in this Software Testing Plan 3 Approach Insert the objectives and requirements for the overall approach to testing. The approach should cover such major tasks as the identification of time estimates for each element of the Software Testing Plan. Identify the different types of testing and describe their testing methods and the criteria for evaluating such testing. Your Software Testing Plan may contain several different approaches for certain elements. 3 Component Testing Insert the objectives and requirements to verify the implementation integrity and functionality for single unit component module or group of individual software elements or components. Component Testing is performed to verify that the individual component or group of components is complete and functioning as intended. 3 Integration Testing Insert the objectives and requirements to verify the implementation integrity and functionality for combined units such as individual software units components or group of individual software elements or components that has been combined with hardware elements. Integration testing is important to ensure that the software is functional as whole within the environment it is intended to run. The Integration Testing is performed to ensure that all operational requirements are met.

3 Conversion Testing Insert the objectives and requirements for testing that all historical data elements convert or are compatible with the new system. Conversion testing is required only if the software is an upgrade of an older system or will use or manipulate data from other systems. 3 Job Stream Testing Insert the objectives and requirements for testing that the software operates correctly in the production environment. 3 Interface Testing Insert the objectives and requirements for testing that the software operates correctly with all user interface and input systems.

3 Recovery Testing Insert the objectives and requirements for testing that the softwares recovery and restore operations function correctly and all backup systems and procedures work as intended in the production environment. 3 Performance Testing Insert the objectives and requirements for testing that the software operates correctly in regards to normal operation response and execution times scalability portability and all other performance requirements within the production environment. 3 Regression Testing Insert the objectives and requirements for testing that any changes applied to the software do not affect functions previously tested. 3 Acceptance Testing Insert the objectives and requirements for testing that the software or system meets all criteria and deliverables. The Acceptance Testing is important to ensure that all requirements are met and that all components modules hardware requirements and recovery and restore operations function in the production environment and that plan exists to demonstrate such functionality for customer. 3. 10 Alpha Beta and Release Candidate RC Testing

Insert the objectives and requirements for testing that will be done by customer to verify that the software meets all deliverables and requirements from the Software Requirements Specifications SRS or the Software Development Plan SDP and to detect any errors bugs or defects in the software. 4. Pass and Failure Criteria This section describes the criteria to determine whether specific item has passed or failed particular test. 4 Criteria for Suspension This section will describe the criteria for suspending an individual element or group of elements for particular testing activity. 4 Criteria for Resumption of Testing This section will describe the criteria for resuming testing for an individual element or group of elements that has been previously suspended.

4 Criteria for Approval of Testing This section will describe the criteria for acceptance and approval for an individual element or group of elements. 5. Testing Process and Methods Insert the specific testing process and methods to be used in performing each testing activity. In this section you will describe and define each type of test that the Software Testing Plan contains. You may attach additional exhibits to this section if your testing plan requires them. 6. Test Deliverables Insert the specific deliverables and documents that are to be delivered from the testing process. Test deliverables may include incremental data or data derived from incomplete tests. Typical test deliverables include but are not limited to. * Individual Test Element or Module Summary Reports * Group Element or Module Summary Reports

* Individual and Combined Test Logs * Test Metrics and Benchmark Reports * Test Input and Output Reports * Test Incident Reports 7. Testing Task and Requirements List A description of tasks and the skills required for performing testing as part of the deliverables. Examples.

7 Task Name Insert description here. 7 Responsibility for Task Insert description here. 7 Resources Required for Task Insert description here.

7 Schedule or Timeline for Task Insert description here. 8. Testing Hardware and Environmental Requirements List A description of the hardware and environmental requirements for performing testing as part of the deliverables. Examples.

8 Hardware Requirement Name Insert description here. 8 Software Requirement Name Insert description here. 8 Security Resources Requirement Name Insert description here. 8 Specific Tools Requirement Name Insert description here.

8 Specific Documentation Requirement Name Insert description here. 8 Specific Risks and Assumptions Insert description here. Focus on restraints such as resource availability time constraints staff and developer availability and all other external factors that can influence testing. 8. 61 Risk and Assumption Contingency Plan Insert description of the contingency plan for each item listed above. 9. Change Request and Management

A description of the Software Testing Plan change request and change management procedure. Describe the process that must be followed for submission review and authorization for all requests for change to the Software Testing Plan or any change to any part of the deliverables. 10. Approval for Software Testing Plan A description of the personnel authorized to approve the Software Testing Plan. Their Name Title and signature must accompany this document. approved approver Title Date when the contact was signed

approved approver Title Date when the contact was signed approved approver Title Date when the contact was signed approved approver Title Date when the contact was signed

11. Appendices A description of all other supporting information required for the understanding and execution of the Software Testing plan and requirements. All Software Testing Plan documents require the following two appendices. 11 Definitions Acronyms Abbreviations A description of the definition of important terms abbreviations and acronyms. This may also include Glossary of terms. 11 References A listing of all citations to all documents and meetings referenced or used in the preparation of this Software Testing Plan and testing requirements document.

Customer Initials Developer Initials