pleased with the multiple number of contracts for different scenarios and I also liked the advice given throughout the different manuals. You turned what would usually be a time-consuming, expensive process into an easy and affordable one that gives professional results."
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
MILESTONES Sample Milestones for typical project. Edit as you see fit for your own project milestones. This document is intended to be attached to the development contract with Exhibit Payment Terms and or Exhibit Project Specifications. Milestone Completed 1 Acceptance of project mockup graphics. 2 Acceptance of project skeleton architecture design. 3 Acceptance of navigation interface prototype project alpha. 4+ Each hours of logged work is billed as milestone each beta release etc. Final Final acceptance of project.
EXHIBIT C DEVELOPER OWNED MATERIALS The following is list of pre existing materials owned by Developer which will be used in the project. A. Describe each item to be included in the project owned by the Developer THIRD PARTY OWNED MATERIALS The following is list of pre existing materials owned by third parties which will be used in the project. K. Describe each item to be included in the project owned by the third party
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
SOFTWARE PROBLEM REPORT If you think you have encountered problem in our product. confirm that you have the latest version of the product you are reporting on; and complete the following form. Reported By signator authorized signature or signer. Date. Phone. Email. Software Version Environment Operating System Y N. Windows Release Y N. Macintosh Release Y N. Linux Release Other. Problem Description Please describe the problem in as much detail as possible. Make note of any behaviors you observe whether you can reproduce the problem and any observations of system behavior slowdown or other events taking place prior to the instance of the problem encountered.
Describe any specific actions you were performing prior to the problem. Frequency Y N. Problem occurs each time Y N. Problem occurs occasionally performing specific action Describe action. Y N. Problem occurs randomly Reproduction Y N. Problem can be reproduced Y N. Problem cannot be reproduced Describe any specific steps or actions to take to reproduce the problem.
Severity Y N. Does not affect usability Y N. Minor requires some extra work to get around Y N. Major requires significant extra work to get around Y N. Critical software is unusable in current state Additional Comments Developer Assigned To
Developer Notes Resolution
Software Development Plan SDP THE SDP PROJECT DOCUMENT 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 Development Plan. 1. 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 Development 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 Definitions Terms Acronyms or Abbreviations Insert definitions of any terms used throughout this Software Development Plan. Be sure to define specific acronyms or abbreviations used in your project. 1 References and Reference Material Insert list of all reference documents and other materials related to the Software Development Plan. References will often include but are not limited to. * Requirements Management Plan RQMP
* Risk Management Plan RMP * Business Modeling Guidelines * Development Case * Software Requirements Specifications SRS * Design Specifications * Programming Guidelines * User Interface UI Guidelines * Human Interface HI Guidelines * Test Guidelines and Test Measurement Plan
* Software Quality Assurance Plan * Software Management Plan * Project Outline and Management Plan * Project Acceptance Plan 1 Documentation Items Insert references to documentation. 2. Overview of Project 2 Purpose of Project Insert description of the purpose of the project and expected outcome.
2 Scope of Project Insert description of the scope of the project including the departments it may affect or include vendors it may impact business processes it may enhance or replace or anything else relating to or regarding the scope of the project that this Software Development Plan may include. 2 Project Objectives Insert description of the objectives that are to be met by the project itself and not necessarily by the Software Development Plan. 2 Assumptions and Constraints of the Project
Insert list and descriptions of all assumptions that the Software Development Plan is based upon. Constraints may also be detailed in this section including any variable or conditional constraints that may exist. 2 Software Development Plan History Insert references or table of prior versions of the Project Software Development Plan or any other information detailing revisions edits or changes to this Software Development Plan or Project as whole. 2 Specific Objectives and Requirements Not to be Met Insert any objectives and requirements for this project that are not to be met. This section is used to better clarify areas that you would like to be made clear are not the intended goals of this Software Development Plan. 3. Organization of Project Insert description of how the project and its components are to be organized including hierarchical organization chart or diagram of entities that details authorities. This includes project teams third party vendors third party contractors management duties report to lists and any group that is to be included into the overall organizational structure of the project. 3 Internal Interfaces Insert all information pertaining to how the project interfaces with internal groups in the Company. This includes all direct team members involved with the development. however this may also include departments that may have little or no say in the development of the project yet have roles as end users.
3 External Interfaces Insert all information pertaining to how the project interfaces with external groups in the Company. This includes all vendors and contractors involved with the development including those with testing or end user responsibilities. 3 Roles and Responsibilities Insert the organizational units that are responsible for determining or supporting processes. Include all points of contact for these organizational units. 4. Project Management
This section describes the management processes that oversee the costs timeline schedules decision making and evaluation points in the project. 4 Estimates This section will provide the estimated costs for project including schedule for all payments. Include detailed basis for all costs and description of the point at which re evaluation of those costs should take place. Thresholds should be detailed even if they are conditional or variable costs. 4 Project Plan Detail This section will describe the project plan in detail. This section will often span multiple pages. Criteria for developing project plan include but are not limited to. * The phases that the project plan will be broken into including any friendly names you may use for them such as Prototype Core Development Production etc. * breakdown of the work structure and assignments of responsibilities.
* Timelines Schedules or Gantt Charts that show the amount of time allotted to each phase of the project or to specific tasks. * Specific project milestones and deliverables including specific release dates for prototypes drafts demos or releases. * Specific criteria for project milestones and deliverables. * Identification of the internal or external achievements that must be met for each milestone or deliverable. 4. Project Plan Detail. Iteration Objectives
This section describes each version or iteration of specific deliverable or objectives and what the criteria shall be for approval. If project deliverables include iterations of deliverables that are experimental or exploratory in nature then specific criteria may include Iteration Objectives that merely state what was learned or discovered. 4. Release Dates This section will describe any release dates for project milestones or deliverables. 4. Project Schedule and Schedule of Phases This section will describe the complete schedule for completion of the project including individual breakdowns of each individual phase. Phases that run concurrent should be detailed using proper project management charts and diagrams. Target dates should be fixed in this section for each deliverable or milestone even if they are estimates. 4. Acquisition of Resources This section will describe how the Company will acquire the necessary resources to fulfill the project and which budgets will be tapped to do so. The section may also detail the approach that the Company will take to acquire resources. 4. Project Staffing Plan This section will describe the projects staffing requirement and how the Company will meet those requirements from within the Company or whether additional staff will be required. Detail whether external resources will be utilized to meet the Project Staff Plan and any constraints that may be imposed upon budgets and cost estimates for the project.
4. Project Training Plan This section will describe the projects staff requirement for training and whether external resources will be utilized to meet the Project Staffs Training requirements. Detail any constraints that may be imposed upon budgets and cost estimates for the project. Include time constraints and requirements to train staff. 4. Project Budget This section will describe in detail the costs and their allocation across the entire Software Development Plan. This section may span multiple pages or addenda if necessary. 4 Project Monitoring and Oversight This section will detail the requirements for controlling the projects its costs and adherence to the delivery schedule and phases for the management of the project. Include any schedules required to monitor the progress of the project and its individual milestones and deliverables to ensure that the project adheres to its proposed schedule. 4. Budget Control
This section details any budgetary controls that will be in place for the project. 4. Quality Assurance QA Control This section details any quality assurance controls that will be in place for the project. 4. Measurement Control This section details any measurements and standards that will be used to quantify benchmarks deliverables objectives methods or any other component of the project that requires the definition of specific measurements. 4. Reporting Control This section details all reporting requirements for the project including the frequency and formats of reports for the project.
4 Post Project Responsibilities This section details the responsibilities of individual organization units teams or staff after achieving completion of the project. Include all post project debriefings reports accounting of project resources and materials and staff re assignments and responsibilities. 5. Technical Process Plans and Methods Insert the specific technical process standards and methods to be used during the development of the project. In this section you will describe and define each plan that the Software Development Plan relies upon or includes. You may attach additional exhibits to this section if your testing plan requires them. This section may include excerpts or plan attachments from Sec. and Sec. 1. 7. At minimum most Software Development Plans will include. * Software Development Case * Business Process and Modeling Guidelines
* Design Style and Programming Guidelines and Standards * User Interface UI Guidelines and Standards * Risk Assessment Reduction and Management Plans * Testing Guidelines and Standards * Use Case Standards * Hardware and Resource Infrastructure Plan * Project Acceptance Plan * Configuration Management Plan
* Documentation Guidelines and Standards * Vendor Management Guidelines and Standards * Support Management Plan * Additional Plans or Guidelines 6. Project Deliverables Insert the specific milestones and deliverables that are to be delivered under this plan. Deliverables may also include iterative versions drafts demos prototypes and release versions of Software.
7. Deliverable and Milestone Objective Testing A description of individual milestones and deliverables and the requirements for acceptance. Examples. 7 Milestone or Deliverable Name Insert description here. 7 Milestone or Deliverable Name Insert description here.
7 Milestone or Deliverable Name Insert description here. 7 Milestone or Deliverable Name Insert description here. 8. Hardware and Resource Requirements List A description of the hardware and resource requirements.
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. 9. Change Request and Management A description of the Software Development Plan change request and change management procedures. Describe the process that must be followed for submission review and authorization for all requests for change to the Software Development Plan or any change to any part of the deliverables. 10. Approval for Software Development Plan
A description of the personnel authorized to approve the Software Development Plan. Their names titles and signatures 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 Development Plan and requirements. All Software Development Plan documents require the following two appendices. Expanded from Sec. 11 Definitions Acronyms Abbreviations A complete list of the definitions of important terms abbreviations and acronyms. This may also include Glossary of terms.
11 References A complete listing of all citations to all documents and meetings referenced or used in the preparation of this Software Development Plan and testing requirements document. Customer Initials Developer Initials