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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 development, design, programming Company SOFTWARE INSTALLATION AGREEMENT OPEN SOURCE THIS AGREEMENT made this CurrentDay day CurrentMonth CurrentYear and between CustCompany hereafter referred Customer and Company hereafter referred Company The purpose this Software Installation Agreement set forth contract arrangement under which Company will provide fully licensed copy Insert software application suite name The Software Project and Installation Services for single Insert desktop network target domain web server for Customer Agreements consideration the mutual covenants set forth this Agreement Customer and Company hereby agree follows Installation the Software Project Customer agrees compensate Company according the terms listed Exhibit attached hereto Specifications Company agrees develop the Software Project pursuant the specifications set forth Exhibit attached hereto the Specifications Delivery Software Project Company will use reasonable diligence the development the Software Project and endeavor deliver Customer operational Software Project files soon possible Customer acknowledges however that this delivery deadline and the other payment milestones listed Exhibit are estimates and are not required delivery dates Company will make every effort advise Customer any delays advance and seek Customer feedback regard the proposed timeline the development process progresses License and Ownership Rights Company grants Customer world wide non exclusive right use whole part the Software Project single web site domain server additional compensation license fees shall required Customer after the installation complete Company shall retain its ownership all rights title and interest all pre existing works interfaces navigational devices menus menu structures arrangements icons help and other operational instructions and all other components any source object computer code that comprises the Software Project all pre existing literal and non literal expressions ideas Company Style that operate cause create direct manipulate access otherwise affect the Content and all other pre existing proprietary copyrights patents trade secrets and other intellectual industrial property rights the Software Project any component characteristic thereof Customer shall not anything that may infringe upon any way undermine Company rights title and interest the Software Project described this paragraph Notwithstanding the above Customer shall retain all its intellectual property rights any text images other components owns and delivers Company for use the Software Project addition the physical presence the site itself Customer shall provided with copy all installation files and code that comprises makes the Software Project part this agreement Proprietary Information Proprietary information exchanged hereunder shall treated such both Company and Customer This information shall include but not limited the provisions this Agreement and both parties product services information and pricing Customer further agrees not decompose disassemble decode reverse engineer any Company owned program code technology delivered Customer any portion thereof Warranty Company not responsible for defects caused changes issues resulting from third party tools applications does not have direct control over including but not limited web browsers operating systems plug ins extensions software programs applets newly discovered vulnerabilities scripts other items Warranty for Outcome Use the Software Project Company makes warranties representations any kind whether expressed implied for the suitability the outcome from the use the service providing Company also disclaims any warranty merchantability fitness for any particular purpose and will not responsible for any damages that may suffered Customer including loss data resulting from delays non deliveries service interruptions any cause errors omissions Use any information results obtained Customer own risk and Company specifically denies any responsibility for the accuracy quality information obtained through its services Any connection speed application execution speed for end users not guaranteed Company specifically denies any responsibilities for any damages arising consequence any unavailability Open Source Disclaimer Customer acknowledges that the some the solutions and libraries being provided Company are Open Source and Customer being granted worldwide non exclusive license under the General Public License GPL deploy modify otherwise use the Open Source Code their business enterprise Customer not being charged fee for using any open source resources rather they are paying fee for the installation service and custom coding provided Company The use Open Source software carries WARRANTY whether explicit implied and Company not responsible for any damages that may incurred result using Open Source software libraries other resources Critical Patches Upgrades and Security Risks Customer acknowledges and understands that from time time vulnerabilities may uncovered the Software Project the operating system applications other programs resources that the Software Project may dependent upon function Customer acknowledges that not Company responsibility support upgrade otherwise patch the Software Project after installation complete Disputes legal proceedings are commenced resolve dispute arising out relating this agreement the prevailing party shall entitled recover all costs legal fees and expert witness fees well any costs legal fees connection with any appeals 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 whatsoever kind and nature that may asserted granted imposed against Company directly indirectly arising from connection with Customer marketing support services the Software Project services the unauthorized representation the Software Project and services any breach this Agreement Customer Customer warrants that everything gives Company legally owned licensed Customer Customer agrees indemnify and hold Company harmless from any and all claims brought any third party relating any aspect the Software Project including but without limitation any and all demands liabilities losses costs and claims including attorney fees arising out injury caused Customer products services material supplied Customer copyright infringement and defective products sold via the Software Project Use Software Project for Promotional Purposes Customer grants Company the right reference the Software Project for promotional purposes and cross link with other marketing efforts developed Company Company may not any time disclose grant access Customer Software Project private information resources any other non public asset used for the purposes promotion marketing Responsibility for Theft Company has responsibility for any third party taking stealing hacking altering otherwise modifying all any part the Software Project Source Code Object Code Graphics Text any other materials related the Software Project Right Make Derivative Works Company has exclusive rights making any derivative works pre existing open source code related graphics and animations Customer acknowledges that similarities may exist between other Software Projects developed Company and any such similarities both past and future constitute Company Style and proprietary information Identification Company Customer agrees that Company links will placed the bottom the front page and internal pages the Software Project mutually agreeable size and location Customer also agrees put Company copyright notices any source code where pre existing proprietary information present Source code copyrights shall not public unless user views the source code directly Customer agrees display all legally required copyright notices prescribed applicable law General any provision this Agreement held unenforceable the enforceability the remaining provisions shall way affected impaired thereby failure any party exercise delay exercising right power conferred upon this Agreement shall not operate waiver any such right power 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 Force Majeure Company shall not held liable 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 disasters acts terrorism unavailability materials equipment failures strikes riots wars other labor disturbances 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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