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IT, web, Internet, software, hardware, media, multimedia, photography, tech, information, technology, computer, business, company, pre-written, legal, contract, agreement, documents, templates, boilerplate, form, outline, text, terms, recitals cdrom, cd-rom, dvd, cd duplication REPLICATION ROM AND DIGITAL MEDIA THIS AGREEMENT made this CurrentDay day CurrentMonth CurrentYear and between Company Company and CustCompany Customer Recitals This Agreement contains the entire agreement concerning the production packaging and delivery ROMs Compact Disks DVD ROMS ROM Business Cards Packaging Printing Cover Art and other media and materials Products from items including without limitation master media proofs film photographs artwork label data and packaging materials delivered Company for Customer Materials Agreements This Agreement supersedes any and all prior agreements understandings written oral between the parties related the subject matter hereof modification this Agreement shall valid unless made writing and signed all parties hereto and may not amended except written document signed Company Acceptance Agreement This Agreement will only accepted signator authorized signature signer written confirmation from authorized representative Company shipment goods accordance with the terms set forth herein Company reserves the right refuse accept any purchase order for any reason Customer agrees bound all the terms and conditions set out herein Compensation Customer shall compensate Company cash pursuant the terms Exhibit attached hereto Orders may not cancelled Customer after Company has begun replication processing manufacturing All shipments Products will defined Free Board soon Company ships the Product Company reserves the right make any choice facility and shipping charges switch shipping carriers without notice Customer Risk loss any damage sustained transit shall Customer sole responsibility Shipment regular ground service unless otherwise specified Customer Company reserves the right make partial shipments Company reserves the right produce and charge for production overruns over Customer order quantity Company will consider Customer order complete upon shipment more the total quantity ordered Terms Payment Invoices will issued upon shipment Products excepting any delay the shipment Customer whereas upon invoice will issued upon the completion manufacturing the Product Invoices for services performed Company hereunder will issued upon completion those services Customer shall responsible for all taxes duties excises and other charges associated with the production sale transportation Products and performance services hereunder other than taxes Company net income Unless otherwise noted payment invoices due within thirty days the invoice date Claims for errors omissions adjustments any amount due Company must received writing Company within five days from the date invoice Any outstanding monies owed Company Customer after the due date the invoice shall accrue interest daily basis from the initial billing date rate per month per annum Any available credit Customer account must used claimed within months from the shipping date the Products which the credit relates Company may require part full payment security guarantee payment advance any work services performed any shipment Company shall have security interest all Products and Materials until all amounts due hereunder are paid full and reserves the right withhold delay shipment any order payment has not been made full has not been received any prior order Customer agrees pay all costs fees charges and expenses every nature including legal fees incurred Company recovering any amounts owed Customer License Customer grants Company non transferable license reproduce and distribute copies all Materials the extent necessary for Company perform its obligations under this Agreement Delivery Times All delivery times are considered estimates and all shipment dates are subject change without notice unless otherwise agreed Company writing Warranty Disclaimer and Limitation Liability Company warrants that the Products will conform the Specifications such other specifications are agreed writing Company for period days from the date shipment Company the Project does not conform the Specifications Customer sole remedy Company shall responsible correct the Project without unreasonable delay the sole expense Company and without charge Customer bring the Project into conformance with the Specifications set forth Exhibit This warranty shall the exclusive warranty available Customer Customer waives any other warranty express implied Customer acknowledges that Company does not warrant that the Project will work all platforms Customer acknowledges that Company not responsible for the results obtained Customer the Project Customer acknowledges that Company not responsible for fixing problems the ROM once mass produced after Customer has tested proofed and approved their Project Customer waives any claim for damages direct indirect and agrees that its sole and exclusive remedy for damages either contract tort the return the consideration paid Company set forth Exhibit attached hereto action regardless form arising out any claimed breach this Agreement transactions under this Agreement may brought either party more than one year after the cause action has accrued Ownership Rights and Copyright Customer shall retain title all Materials and Content such Materials provided Company under the terms this Agreement Customer warrants that rightfully owns all Materials that has the right and authority reproduce the Materials and has the right deliver all Materials Company Customer also warrants that owns all copyright the contents the Materials including without limitation any artwork graphics computer code embedded therein has the unrestricted right permit Company perform the services requested hereunder Customer warrants that the Materials not contain any obscene objectionable matter Customer agrees indemnify defend and hold Company harmless from and against any and all actions suits claims liabilities damages losses and expenses and legal fees arising directly indirectly out connection with any claim that the services rendered Products manufactured under this Agreement violate any law rule regulation violate any rights third parties including without limitation any liability for slander defamation invasion privacy infringement any patent copyright trademark other proprietary right any third party Customer provides artwork any format Company connection with the production disc label printing screening packaging discs hereunder any artwork must received Company prior the commencement work Company Customer takes sole responsibility for all delivery Materials Company and will responsible for retrieving all Materials from Company hereunder Customer request and sole risk Company will store Materials long Company providing services hereunder any place that Company deems appropriate After period Days days from the date this Agreement storage charge Insert Storage Charge Fee Amount will assessed until such time that Customer retrieves such Materials from Company Customer responsible for removal all Materials within thirty days notification Company Customer fails remove Materials requested Company shall have the right return the Materials Customer sole expense Customer the address indicated the last order placed Customer erase destroy otherwise dispose such Materials Company sees fit without liability Customer any other person Specifications Programs Tools and Data Company shall retain ownership all production materials and tooling associated with the Product including masters glass masters film proofs blueline other artwork prepress materials stampers and other tooling produced Company Company shall also retain all rights all methods practices sketches specifications and computer programs used required for the performance this Agreement excepting specifications data that were developed Company specifically for Customer use Export Customer agrees not export any Product violation any export control laws rules regulations Risk Loss The Products shall remain the property Company until shipment Products held Company Customer request shall held Customer sole risk and responsibility Confidentiality Customer discloses confidential information Company and clearly identifies such information writing confidential Company shall use reasonable care ensure that such information disclosed only Company employees contractors requiring access such information render the services manufacture Products requested Customer Nothing herein shall limit Company right use disclose information that becomes available the public without fault Company lawfully acquired Company from third party the possession Company the time disclosure Customer developed behalf Company persons who have not received Customer confidential information Force Majeure Company will not responsible for failure fulfill its obligations under this Agreement such failure caused circumstances beyond the reasonable control Company its suppliers contractors including but not limited acts God availability materials equipment failures strikes other labor disturbances Waiver The waiver either party any breach failure enforce any the terms and conditions this Agreement any time shall not any way affect limit waive such party right thereafter enforce and compel strict compliance with every term and condition this Agreement Governing Law This Agreement shall governed and construed accordance with the laws the State State Exclusive jurisdiction and venue shall the County County State Superior Court Cover Art Customer agrees there may differences printed and screen proofs artwork and screened artwork final mass duplicated ROMs Final Approval final proof will provided Customer prior mass production replication and release any Digital Media and identified Customer such Customer assumes full responsibility make sure that the final proof correct all capacities including but not limited grammar spelling information content artwork copyright and functionality Company shall not held responsible for errors and omissions Each party represents and warrants that the date first written above they are authorized enter into this Agreement entirety and duly bind their respective principals their signature below EXECUTED the date first written above CustCompany signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Company signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Customer Initials Company Initials
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CD-ROM Replication Contract
