Legal Contract Templates Software Product Return Form

How do you write a Software Product Return Form document?

SOFTWARE RETURN REQUEST FORM company name Company will accept returns of digitally delivered products on case by case basis and reserves the right to deny any request it receives based on the information provided to Company. This form does not absolve or relieve you of any possible copyright infringement or claim that may arise out of the continued use of third party software licensed to you by company name under this agreement. Agreements In consideration of my request of refund print your name as it appears on the billing statement for the product that you purchased and wish to return certify that. have removed from all computers any and all copies of the software product listed below that obtained via an electronic software download from Company and have not retained or distributed any copies to any other party thereof; have not copied created backups decompiled reverse engineered or produced any portion of the software product in any perceivable form; and i acknowledge that any continued use of the software product whether by myself or any other party connected to me would constitute willful copyright infringement for which may be liable for statutory damages of up to 150 000. Customer grants to Company or its independent accountants the right to examine its books records and accounts during Customers normal business hours to verify compliance with this Agreement. In the event such audit discloses non compliance with this Agreement Customer shall promptly pay to Company the appropriate licensee fees. Products you wish to return. Original purchaser name.

Order number or reseller order number. Reason for return. Electronic Software Delivery Returns Applications for refund for software product delivered via an electronic software download transaction must be received within days of the date you purchased the software product and must be approved by Company prior to being processed. Incomplete illegible or otherwise improperly received forms will not be processed and your return may be delayed or denied accordingly. Applications for refund must be received by either fax or mail as indicated above. You must include the reason you are requesting refund and the return request MUST be signed by the original purchaser as stated on the billing or credit card receipt received by Company as well as an Officer of your company. Print and Fax this form to. company name Attention. Return Dept Fax fax number Or print and mail this form to. company name

address address city state or province zip or postal code Important. Email Adobe PDF Email Faxes or other Electronic delivery of this form will NOT be accepted. Third Party Manufacturers Product Return Policies

Third party products purchased from company name may require an additional return submitted to the third party manufacturer. Signature lines must be completed by both the original purchaser and company officer. Purchaser Signature. Date. Print Name. Officer Signature. Date.

Print Name. Job title of signator authorized signature or signer. Company Initials Customer Initials

Writing the Software Trial License Agreement document (example of another included contract document)

TRIAL LICENSING AGREEMENT This Licensing Agreement the Agreement is entered into this current day day of current month current year by and between company name state or province company hereafter Licensee and company name hereafter Licensor Recitals 1 The Licensee desires to conduct technical trial hereafter referred to as the Trial for determining the utility and feasibility of utilizing the Software under limited license from the Licensor and includes the following products. Insert description of software and or services.

2 Licensor desires to allow Licensee reasonable period of time to make the above determinations under the following terms and conditions. Agreements In consideration of the mutual covenants set forth in this Agreement Licensor and Licensee hereby agree as follows. Definitions Software. The accompanying computer programs related services support data compilation and documentation are referred to herein as the Software. Term. The term of the license granted herein shall be limited to Insert number of days of trial license period days from the date on this agreement unless expended or terminated by written notice by Licensee for convenience or terminated by either party for material breach. Immediately upon termination of this license for any reason Licensee shall return to company name all copies of the Software and documentation. 1. Trial License Grant.

License Grant Single Standalone CPU. Licensee is granted non exclusive rights to install and use the Software on single computer or workstation only; however if the software is permanently installed on the hard disk or other storage device of computer other than network server and one person uses that computer more than 80% of the time then that person may also use the Software on portable or home computer. Licensee may not install the Software on network or transmit the Software electronically from one computer to another or over network. Licensee may copy the Software for archival purposes provided that any copy must contain the original Softwares proprietary notices in unaltered form. Web site scripts may be installed on one or more servers to provide back end tracking. 2. Trial License Restrictions. Licensee may not. permit others to use the Software; modify or translate the Software; i reverse engineer decompile or disassemble the Software except to the extent this restriction is expressly prohibited by applicable law; iv resell the Software outside of Licensors affiliate program; copy the Software except as expressly provided above; or vi remove or obscure any proprietary rights notices or labels on the Software. 3. Transfers. Licensee may not transfer the Software or any rights under this Agreement without the prior written consent of company name which consent shall not be unreasonably withheld. condition to any transfer or assignment shall be that the recipient agrees to the terms of this Agreement. Any attempted transfer or assignment in violation of this provision shall be null and void. 4. Ownership. company name and its suppliers own the Software and all intellectual property rights embodied therein including copyrights and valuable trade secrets embodied in the Softwares design and coding methodology. The Software is protected by United States copyright laws and international treaty provisions. This Agreement provides Licensee only limited use license and no ownership of any intellectual property. 5. EULAs End User License Agreement Restrictions.

In addition to the terms of this agreement Licensee agrees to also be bound by any individual or collective EULAs contained in the Software Products used during this Trial including but not limited to Licensing and Usage Restrictions Export Compliance Copyright Notices and all other EULA requirements. 6. LIMITED WARRANTY STATEMENT; LIMITATION OF LIABILITY. company name warrants only to Licensee that the Software shall perform substantially in accordance with accompanying documentation under normal use for period of thirty days from the date on this agreement. The entire and exclusive liability and remedy for breach of this Limited Trial Warranty shall be to replace the defective Software and or documentation provided the original Software and or documentation is returned to company name. company name AND ITS SUPPLIERS AND RESELLERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE NON INFRINGEMENT MERCHANTABILITY FITNESS FOR PARTICULAR PURPOSE SYSTEM INTEGRATION AND DATA ACCURACY. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED ERROR FREE OR VIRUS FREE OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE QUALITY ACCURACY PURPOSE OR NEED EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. No action for the above Limited Warranty may be commenced after one year following the expiration date of the warranty. To the extent that this Warranty Statement is inconsistent with the jurisdiction where Licensee uses the Software the Warranty Statement shall be deemed to be modified consistent with such local law. Under such local law certain limitations may not apply and Licensee may have additional rights which vary from jurisdiction to jurisdiction. For example some states in the United States and some jurisdictions outside the United States may. preclude the disclaimers and limitations of this Warranty Statement from limiting the rights of consumer; otherwise restrict the ability of manufacturer to make such disclaimers or to impose such limitations; or i grant the consumer additional legal rights specify the duration of implied warranties which the manufacturer cannot disclaim or prohibit limitations on how long an implied warranty lasts. INDEPENDENT OF THE FOREGOING PROVISIONS IN NO EVENT AND UNDER NO LEGAL THEORY INCLUDING WITHOUT LIMITATION TORT CONTRACT OR STRICT PRODUCTS LIABILITY SHALL company name OR ANY OF ITS SUPPLIERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY INDIRECT SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL WORK STOPPAGE COMPUTER MALFUNCTION OR ANY OTHER KIND OF COMMERCIAL DAMAGE EVEN IF company name HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL company nameS LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SOFTWARE LICENSE. EXPORT CONTROLS. Licensee agrees to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities and not to export or re export the Software or any direct product thereof in violation of any such restrictions laws or regulations or without all necessary approvals. As applicable each party shall obtain and bear all expenses relating to any necessary licenses and or exemptions with respect to its own export of the Software from the U. S. Neither the Software nor the underlying information or technology may be electronically transmitted or otherwise exported or re exported into Cuba Iran Iraq Libya North Korea Sudan Syria or any other country subject to U. S. trade sanctions covering the Software; to individuals or entities controlled by such countries; or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or to anyone on the U. S. Treasury Departments list of Specially Designated Nationals and Blocked Persons or the U. S. Commerce Departments Table of Denial Orders. By downloading or using the Software Licensee agrees to the foregoing and represents and warrants that it complies with these conditions. LICENSEE OUTSIDE THE U. S. If Licensee is located outside the U. S. then the following provisions shall apply. Insert the foreign language translation of the next sentence for the country or countries you will be selling to such as French German Italian etc. translation. The parties confirm that this Agreement and all related documentation is and will be in the English language. ; and Licensee is responsible for complying with any local laws in Licensees jurisdiction which might impact its right to import export or use the Software and Licensee represents that it has complied with any regulations or registration procedures required by applicable law to make this license enforceable. MISCELLANEOUS. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications representations and agreements. This Agreement may be modified only by written agreement signed by the parties. If any provision of this Agreement is held to be unenforceable for any reason such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of the State of state or province country excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English and English is its controlling language.

U. S. GOVERNMENT END USERS. The Software and documentation are provided with RESTRICTED RIGHTS. Use duplication or disclosure by the United States Government is subject to restrictions as set forth in subparagraph and of the Commercial Computer Software Restricted Rights at CFR 52. 227 19 as applicable. Manufacturer is company name address city state or province zip or postal code. 7. Confidentiality. In the course of the Trial Licensee recognizes that it may come in contact with or become familiar with information which the Licensor may consider confidential. This information may include but not limited to information pertaining to product features design methods pricing information or work methods of the Licensor as well as information provided by clients of the Licensor for inclusion in Products or Software to be developed for or licensed to other clients which may be of value to competitors of the Licensor or its clients. Licensee agrees to keep all such information confidential and not to discuss any of it with anyone other than appropriate Licensee personnel or their delegates. The parties agree that in the event of breach of this Agreement damages may be difficult to ascertain or prove. The parties therefore agree that if Licensee breaches this Agreement Licensor shall be entitled to seek relief from court of competent jurisdiction including injunctive relief and shall be entitled to an award of liquidated damages. 8. Term of Agreement. This Agreement shall begin on start date and shall terminate on end date unless terminated for any reason by either party upon thirty days prior written notice.

9. Communication. Any notice or communication permitted or required by this Agreement shall be deemed effective when personally delivered or deposited postage prepaid by first class regular mail addressed to the other partys last known address. 10. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with regard to the subject matter hereof and replaces and supersedes all other agreements or understanding whether written or oral. No amendment extension or change of the Agreement shall be binding unless it is in writing and signed by all of the parties hereto. 11. Binding Effect.

This Agreement shall be binding upon and shall inure to the benefit of Licensor and to the Licensors successors and assigns. Nothing in this Agreement shall be construed to permit the assignment by Licensee of any of its rights or obligations hereunder to any third party without the Licensors prior written consent. 12. 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. The prevailing party shall be entitled to recover its reasonable attorney fees and statutory costs. To any portion of this Agreement declared unenforceable that portion shall be construed to give it the maximum effect possible and the remainder of this Agreement shall continue in full force and effect. Both parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signatures below. 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 Licensee Initials Licensor Initials

Writing the Software Acquisition Contract document (example of another included contract document)

ACQUISITION AGREEMENT FOR OWNERSHIP RIGHTS IN SOFTWARE THIS AGREEMENT is made this current day day of current month current year by and between company name Developer and company name Purchaser Recitals Purchaser desires to acquire right and interest in Software Product or Products the Software Product produced or otherwise currently owned by Developer as outlined in the Software Product Definition and Description Document plan the Specifications as set forth in Exhibit B. Developer has authored developed or otherwise purchased and owns all rights title and interest including all copyright trademark patent or service mark interests in and to the Software Product and all related documentation described in Exhibit hereto. Purchaser shall acquire rights and an undivided 100% interest in all other rights title and interest in the Software Product and documentation in accordance with this Agreement. Definitions

Software or Software Materials shall mean the computer software program described in the Specifications that is owned by Developer including all Enhancements made under this Agreement. Product shall mean software for computer or an end user. Software Product shall mean everything that the Purchaser shall acquire from Developer under this Agreement. Software Marks shall mean all trademarks service marks or other intellectual property rights related to the Software Product or Software materials or any other marks included with this Agreement. Developers Code shall mean all Developers Proprietary Material or software source code existing as of the date of this Agreement that is to be incorporated into the source code of the Product. The license terms for Developers Code will be stated in the Specifications. Documentation shall mean all user guides reference integration installation or implementation manuals that describe in detail the operation of the Software that is normally provided by Developer as part of its deliveries to its Purchasers. Development Activities shall mean any activities undertaken by Developer in the development of the Software Product and Documentation satisfying the Specifications pursuant to this Agreement. Enhancements shall mean error corrections bug fixes modifications and updates not included in the Specifications with respect to the Software Product or Developers Code. Developers Proprietary Material shall mean all intellectual property rights in any text images or other components and or materials owned by Developer or which Developer has the legal right to use that are delivered to Purchaser including but not limited to software related documentation source code scripts object code logos graphics or tag lines.

Closing Date shall mean the date upon which all obligations must be met according to the milestones and delivery dates set forth under this Agreement. Agreements In consideration of the mutual covenants set forth in this Agreement Developer and Purchaser hereby agree as follows. 1 Transfer of Rights and Ownership of All Other Rights. Developer hereby agrees to sell assign transfer and convey to Purchaser an undivided 100% interest in all right title and interest in and to the Software Product and Software Materials. Specifically Developer agrees to transfer and convey to Purchaser exclusively all rights to and in.

a The Software Product Insert Software Product Name and all other previous versions of the Software Product or any aspect of the Software Materials that may have existed prior to the creation and or the incorporation of such materials into the Software Product whether made public or not whether existing in whole or in part. b The Software Material which comprise all content print or electronic documentation templates methods source safe and change control files all iterative versions development documents Software Product construction guidelines or specifications all intellectual property and other source or object code the Software Materials that comprise the Software Product or anything else listed in the Specifications attached hereafter. c The Software Marks including Insert Software Product trademarks intellectual property copyright information or any other right included with this Agreement d Any derivative variant or otherwise modified works and all updated versions of the Software Product or revisions of the Software Product including patches fixes updates that are available whether in part or in whole as developed by Developer and acquired by Purchaser under this Agreement on or before the Closing Date. e All subsequent modifications alterations changes or enhancements of any of the items above that may occur between now and the Closing Date and the delivery of the Software Product and Software Materials to Purchaser and the execution of this Agreement. 1 Transfer of Software Materials and Contents.

Developer shall transfer all content documents templates and other source or object code the Software Materials that comprise the Software Product. Developer shall provide technical assistance and training in the use and operation of the Software Product as well as specific support in aiding Purchaser in the operation of the Software Product. Developer shall transfer all except for Developers Proprietary Material defined below contained in the Software Product. Purchaser shall hold all rights title and interest in and to the Software Product. Specifically but without limitation Purchaser shall hold all rights title and interest in and to all text graphics animation audio components and digital components of the Software the Content all 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 all literal and nonliteral expressions of ideas that operate cause create direct manipulate access or otherwise affect the content and all copyrights patents trade secrets and other intellectual or industrial property rights in the Software or any component or characteristic thereof. Developer shall not do anything that may infringe upon or in any way undermine Purchasers rights title and interest in the Software Product as described in this Paragraph 4. Notwithstanding the above Developer shall retain all intellectual property rights in any and all text images or other components and or materials owned by Developer or which Developer has the legal right to use including but not limited to software related documentation marketing material logos and tag lines Developers Proprietary Material which has been exempted Exemptions from this Agreement according to the attached Specifications. 2. Delivery Dates and Milestones. Developer will use reasonable diligence in the transfer of the Software Materials and endeavor to deliver to Purchaser all Software Materials or any other obligation set forth in the Specifications no later than delivery date. Purchaser acknowledges however that this delivery deadline and the other payment milestones listed in Exhibit are estimates and are not required delivery dates unless otherwise noted in the Specifications. Deliverables defined as Critical Deliverables shall be outlined in Exhibit and shall contain the delivery date and terms of delivery of the Critical Deliverable. In the event that Closing Date is agreed upon the Closing Date shall be the date upon which all obligations must be met by both parties under this Agreement. 3. Compensation. For all of Developers services under this Agreement Purchaser shall compensate Developer in cash pursuant to the terms of Exhibit attached hereto. In the event Purchaser fails to make any of the payments referenced in Exhibit by the deadline set forth in Exhibit Developer has the right but is not obligated to pursue any or all of the following remedies. terminate the Agreement remove equipment owned by Developer whether leased to Purchaser by Developer or not and any Developers personnel or staff from Purchasers location bring legal action or Developer may suspend development training transfer of Software Product or intellectual property or any other obligations under this Agreement and Purchaser shall be responsible for any schedule changes required and additional financial impact suffered due to failure to compensate Developer under this Agreement.

4. Confidentiality. Purchaser and Developer acknowledge and agree that any Specifications and all other documents and information related to the engagement of marketing or advertisement development of products or practices the Confidential Information will constitute valuable trade secrets of each party. Both parties shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without the others prior written consent disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. Excluded from the Confidential Information definition is anything that can be seen by the public in any advertising medium or channel. 5. General Provisions. 5 Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto. 5 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. 5 Binding Effect. This Agreement shall be binding upon and inure to the benefit of both parties and their respective successors and assigns provided that neither party assigns any of their obligations under this Agreement without the others prior written consent.

5 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. 5 Good Faith. Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement. 5 Right to Withhold Content and Creative Services. In the event that single party fails in its obligations as set forth on Exhibit within the time prescribed in Exhibit the other party has the right to withhold further promotion content and Services performed for or on behalf of the other party until such obligations are met.

5 Indemnification. Both parties warrant that everything they give one another to use in fulfillment of Specifications is legally owned or licensed. Both parties agree to indemnify and hold harmless one another from any and all claims brought by any third party relating to any aspect of the content and Services including but without limitation any and all demands liabilities losses costs and claims including attorneys fees arising out of injury caused by either partys products services material supplied copyright infringement and or defective products sold via the advertising or Services of either party. 5 Confidentiality and Disclosure of Authorship or Ownership. Unless otherwise agreed upon in the Specifications Developer acknowledges that Developer permanently and completely waives all right to claim ownership or authorship of the Software Product and may not disclose now or in the future said authorship or ownership in the Software Product except in the case where such claim to ownership and authorship has been made freely and publicly available prior to entering into this Agreement. Purchaser and Developer acknowledge and agree that the Specifications and all other documents and information related to the development of the Software the Confidential Information will constitute valuable trade secrets of Developer. Purchaser shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without Developers prior written consent disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. 5 Limited Warranty and Limitation on Damages. Developer warrants that the Software will conform to the Specifications. If the Software does not conform to the Specifications Developer shall be responsible to correct the Software without unreasonable delay at Developers sole expense and without charge to Purchaser to bring the Software into conformance with the Specifications. This warranty shall be the exclusive warranty available to Purchaser. Purchaser waives any other warranty express or implied. Purchaser acknowledges that Developer does not warrant that the Software will work on all platforms. Purchaser acknowledges that Developer will not be responsible for the results productivity or any other measurable metric not specified in Exhibit obtained by Purchaser on the Software. Purchaser waives any claim for damages direct or indirect and agrees that its sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to Developer as set forth in Exhibit attached hereto. Developer will monitor the reliability and stability of the Software for period of up to thirty days to ensure that it performs in accordance with the Specifications. If modifications are required at any time Developer will confer in good faith with Purchaser concerning the appropriateness of any modifications and mutually agree whether or not to make such modifications; provided however that such agreement will not be deemed to relieve Developer from its obligations to ensure that the Product continues to conform to the Specifications and compensation estimates as specified in Exhibit A. 5. 10 Attorneys Fees. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees.

5. 11 Right to Interrupt Services Labor or Removal of Software Resources. In the event Purchaser fails to make any of the payments set forth on Exhibit within the time prescribed in Exhibit Closing Date Developer has the right to interrupt services labor or removal of software resources until payment in full is paid plus accrued late charges of 2% per month. 5. 12 Term of Agreement. This Agreement shall begin on start date and shall continue in full force until terminated by either party upon at least thirty days prior written notice. The parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in its entirety and duly bind their respective principals by their signatures below. 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 Developer Initials Purchaser Initials