Beijing Paradise BBS Backup/PARADISE.ISO/software/BBSDOORW/BBSLAW03.ZIP/140B.BLD

Text File | 1993-03-21 | 5.8 KB | 221 lines

#140
@001 Enter the name of the SPONSOR:(ordering party):
@002 Enter the name of the DEVELOPER:
@100/@100/@100/@100 Enter the programming language to be used:
C
Basic
Pascal
KEY IN VALUE
@101/@101/@101/@101 Enter the compiler to be used:
Microsoft Quick Basic
Microsoft Quick C
Borland Turbo Pascal
KEY IN VALUE
@102 Enter the version number of the compiler to be used:
@103/@103/@103/@103 Enter the target operating systems:
M.S. Dos and DR DOS
Microsoft Windows
IBM OS/2
KEY IN VALUE
@104 Enter versions of targeted operating system to be supported:
@105 Enter a description of the program or functions
@106 Enter the date for delivery of the program:
#141 Do you desire non-competition clause during work?
#if#141
@107 Enter the definition of competitor:
#endif
#142 Do you desire non-competition clause after termination?
#if#142
@108 Enter the number of months for non-competition:
#endif
#143/#144 Payment will be:
lump sum
hourly
#if#143
!200 Enter the contract price:
@201 Enter the terms of payment of the contract price:
#endif
#if#144
!202 Enter the hourly rate
@203/@203/@203 Payment will be:
weekly, with retention of 1/3 until completion
monthly, with retention of 1/3 until completion
KEY IN VALUE
#endif
#145
#end control section
#140
/* Para. 140: Custom software writing contract- buy out */


                  SOFTWARE PRODUCTION AGREEMENT



@001, referred to as SPONSOR, and @002, referred to as DEVELOPER,
agree:


SPONSOR desires to contract with DEVELOPER as an independent
contractor to create certain computer programming code. The
compensation set forth hereunder is the sole and exclusive
compensation to be paid to the DEVELOPER.


SPONSOR shall be supervised by DEVELOPER solely as the result to
be accomplished, by not as to the means of achieving the result.
The relationship between the DEVELOPER and the SPONSOR shall be
that of an independent contractor.



DEVELOPER shall prepare computer source code in the @100 computer
language, in a form suitable for compilation by the @101 compiler
system, version @102, which will perform the following functions
for the @103 operating system, version @104:


@105



DEVELOPER shall also provide "object" files and executable files,
together with example input and output of the program. The
program shall be accompanied by a complete manual, which manual
shall be sufficient to enable a user who is untrained in the
program to operate the program in its intended fashion.


DEVELOPER warrants that it has the right to convey the
programming code, manuals and other items which the DEVELOPER
delivers to the SPONSOR and will defend the SPONSOR against any
adverse claims related thereto. DEVELOPER warrants that the
program does not infringe on any copyright, patent or other
agreement to which DEVELOPER is a party.


SPONSOR provide such reasonable consultation with the DEVELOPER
as may be required herein. DEVELOPER shall provide its own
facilities



DEVELOPER warrants that the code is workmanlike and has been
properly tested in keeping with good software design practice.



DEVELOPER herewith assigns to SPONSOR all world rights related to
the software, including the right to publish the same. For
purposes of the copyright code, the DEVELOPER shall be considered
the author; however, upon request of the SPONSOR the DEVELOPER
will execute any and all documents requested by SPONSOR to effect
total transfer of the rights to the program.


In the event that SPONSOR alters the program and re-distributes
the same, SPONSOR waives indemnity as to the re-distribution of
the code.


Delivery of the final program shall be on or about @106.
DEVELOPER shall notify SPONSOR at the earliest possible time that
the delivery schedule may not be met. The parties shall meet and
discuss in good faith arrangements to be made including possible
revision of the delivery date.


DEVELOPER may during the performance of this agreement obtain
access to confidential and proprietary information of SPONSOR.
SPONSOR shall generally mark such information as to which it
claims that is proprietary as "confidential" or by other clearly
recognizable legend. As to such information the DEVELOPER shall
take all reasonable precautions to keep the same in strict
confidence. Upon termination of this agreement, all of such
information which is embodied in written form shall be returned
to SPONSOR. DEVELOPER shall reveal such information to its
employees only a strict need to know basis, and shall require
that such employees execute written non-disclosure agreements.



#143
/* Para. 143: Payment, stipulated sum */


The total contract price shall be $ @200 (!200 dollars), to be
paid as follows:


@201



#144
/* Para. 144: Payment, hourly */


The compensation shall be at a hourly rate of $ @202 per hour
(!202 dollars) to be paid as follows:


@203



#141
/* Para. 141----- Non compete during project */


During the time that this project is being completed, the
DEVELOPER shall not contract with or perform services for any
competitor to SPONSOR. Competitor is defined as @107.



#142
/* Para. 142: Non compete after project */


For a period of @108 months after the conclusion of the contract,
DEVELOPER shall not contract with or perform services for any
competitor to SPONSOR throughout the United States, or for a
company located outside out of the United States which may
distribute the work within the United States.



#145

This is the entire agreement between the parties, and this
agreement may only be changed by a writing executed by the
parties.




Dated: _____________________________







_____________________________________________

@001









______________________________________________

@002