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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
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.
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 B SPECIFICATIONS The project will contain the following components and or services. A. Describe each deliverable to be included in the project per the terms of the contract and proposal
Software Requirements Specification SRS THE SRS PROJECT DOCUMENT TITLE Author Title company name current date
Document Version Control Information V 1. 0 1. Introduction. 1 Purpose of This Document. Insert the purpose of this document and its intended audience. 1 Scope of Document. Insert description of the scope of this Software Requirement Specification
1. 21 Scope Constraints. Insert constraints such as schedules costs interactions overview or any other information relevant to the construction of the development requirements. 1 Overview. Insert an overview or brief description of the product software or other desired end result. 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. 2. General Description. 2 Product Functions. Insert description of the functionality of the product. 2 Similar System Information. Insert description of the relationship between this product and any other product or product ; whether the product shall be stand alone product or whether the product shall be used as component or to support another program or programs. This section is intended to discuss the relationships between the above mentioned items. 2 User Characteristics. Insert description of the characteristics of the typical user or user community that this product serves or will serve. Include features that the user or user community currently uses or expects. Include current relevant features and describe the expected experience level and familiarity with similar software systems applications or other programs and program use.
2 User Problem Statement. Insert user problem statement that describes the essential problem currently being faced by the intended user community. 2 User Objectives. Insert the objectives and requirements for the product from the users perspective. The user objectives section may also include wish list of features or functionality that the user want and how that relates to the business context 2 General Constraints.
Insert the general constraints placed upon the developers including hardware requirements schedule requirements industry protocols or standards to be met or any other constraint placed upon the development of the product. 3. Functional Requirements. This section describes the functional requirements ranked in order of importance. Here you will describe what the product must accomplish; what other component requirements must accomplish; the requirements for Interface Scalability Performance Compatibility or other components of the product; and how the product fulfills these requirements. Each functional requirement should be specified in format similar to the following. Functional Requirement #1 Name 3 Description. complete description of the functional requirement. 3 Criticality.
description of how critical this functional requirement is to the overall product. 3 Technical Issues. description of issues related to the design development or integration of this functional requirement. 3 Cost Summary and Schedules. description of the costs and timelines associated with this functional requirement. 3 Risks. description of the risks and possible circumstances under which this functional requirement may not be able to be met. Include provisions the developers must take in order to overcome this risk.
3 Dependencies with other requirements. description of the various interactions between this requirement and other functional requirements. Here you will insert statements concerning the impact of these dependencies and the impact on the ranking of requirements. Functional Requirement #2 Name Repeat the section above for more requirements. 4. Interface Requirements. This section describes both how the product will interface with other software products or dependencies or with end users for input and output.
4 User Interfaces. Describes how this the end user interfaces with the product. 4. Graphical User Interface GUI. Describes the graphical user interface or whether another system is required to provide the GUI. Include mock ups or screenshots of the user interface features. Describe all navigation systems hierarchy of menus sub menus buttons and all other relevant GUI features of the product. 4. Command Line Interface CLI. Describes the command line interface if present. For each command description of all arguments and example values and invocations should be provided.
4. Application Programming Interface API. Describes the application programming interface if present. For each public interface function the name arguments return values examples of invocation and interactions with other functions should be provided. 4. Debugging and Diagnostics. Describes the process required for the product to return troubleshooting debugging or other diagnostic data and feedback. 4 Hardware Interfaces. description of all interfaces to hardware or hardware devices. 4 Communications Interfaces. description of all communication and network interfaces. 4 Software Interfaces.
description of all software interfaces. 5. Performance Requirements. Insert specific performance requirements. 6. Design Constraints. Insert specific design constraints including compliance with specific standards and constraints on design due to hardware limitations. 7. Other Non Functional Attributes. A description of other non functional attributes required by the product. Examples. 7 Security.
Insert the attributes description here. 7 Binary Compatibility. Insert the attributes description here. 7 Reliability. Insert the attributes description here. 7 Maintainability. Insert the attributes description here. 7 Portability.
Insert the attributes description here. 7 Extensibility. Insert the attributes description here. 7 Reusability. Insert the attributes description here. 7 Application Compatibility. Insert the attributes description here. 7 Resource Utilization. Insert the attributes description here.
7. 10 Serviceability. Insert the attributes description here. 8. Preliminary Object Oriented Domain Analysis. A description or list of the fundamental objects required to be modeled within the product in order to satisfy its requirements. The goal is to create structural view on the requirements and how they may be satisfied. This section deals primarily with higher level programming and functional requirements AND may be safely omitted for projects not concerned with Object Oriented Domain Analysis OODA. This section should not be removed from your SRS Document. Instead you should include an entry such as. No Object Oriented Domain Analysis Requirement.
8 Inheritance Relationships. description of primary inheritance hierarchy. Include diagrams graphs or other UML examples to further illustrate such relationships. 8 Class descriptions. description of each class identified during the OODA. Include more detailed description of each class. The description of each class should be organized as follows. 8. Insert the Class name identifier 8. 2. Abstract or Concrete. Indicates whether this class is abstract designed only as parent from which subclasses may be derived or concrete suitable to be instantiated.
8. 2. List of Superclasses. Lists the class from which another class subclass inherits. 8. 2. List of Subclasses. Lists the class that is derived from base class by inheritance. The new class contains all the features of the base class but may have new features added or existing features redefined. 8. 2. Purpose. Lists the purpose of the class.
8. 2. Collaborations. Lists the names of each class that this class must interact with and how it must interact in order to accomplish its purpose. 8. 2. Attributes. Lists each attribute associated with each instance of this class and indicates examples of possible values or range of values. 8. 2. Operations. Lists each operation able to be invoked upon instances of this class. 8. 2. Constraints.
Lists the constraints and restrictions upon the behavior of instances of this class. 9. Operational Scenarios. description of the various scenarios that an end user may experience when using the product under certain conditions or situations. Scenarios are not considered to be functional requirements rather they are used to help set parameters and expectations for the use of the product under these conditions or situations. 10. Preliminary Schedule. description of the project schedule and timeline for completion. The project plan should include all major tasks who is responsible for the completion of such tasks what the interdependencies of each task are and what the start and completion of each task will be. You should also include vendor information and requirements of such that affect the schedule and timeline. 11. Preliminary Budget. description of the cost summary and an attachment of the initial line item and itemized budget for the project. 12. Appendices.
A description of all other supporting information for understanding these requirements. All SRS documents require the following two appendices. 12 Definitions Acronyms Abbreviations. description of the definitions of important terms abbreviations and acronyms. May also include Glossary. 12 References. listing of all citations to all documents and meetings referenced or used in the preparation of this requirements document. Customer Initials Developers Initials