Beijing Paradise BBS Backup/PARADISE.ISO/software/BBSDOORW/BBSLAW03.ZIP/360B.BLD

Text File | 1993-03-21 | 5.6 KB | 215 lines

#360
@001 Enter the name of the DEVELOPER:
@002 Enter the name of the CUSTOMER:
#500/#501 Payment will be:
in advance, with payment in full
in installments
#if#500
!222 Enter the total contract price in numerals:
@223 Enter the date when payment is due:
#endif
#if#501
!777 Enter the total contract price in numerals:
!778 Enter the amount of each installment in numerals:
@779 Enter the date for first installment:
@789/@789/@789 Installments are due every:
thirty days
ninety days
KEY IN VALUE
#endif
#361/#362 Training:
will be included in this contract
will be purchased separately
#if#361
@555 Enter number of hours of training provided:
@556/@556/@556 The training will take place:
at customer's location
at developer's location
KEY IN VALUE
@557 Enter cost per instructor/hour for additional training:
#endif
#363
#end control section
#360
/* Para. 360: Software maint.- same author/maint */

                 SOFTWARE MAINTENANCE AGREEMENT



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


CUSTOMER is a licensed user of @003, version @004 for @005,
referred to as the "licensed program."


DEVELOPER shall offer such service as may be reasonably required
to cause the licensed program to operate in accordance with the
stated specifications of the system and in conformance with any
specific contractual undertakings contained in the licensing
agreement.


#500
/* Para. 500: Payment, in advance */


The total contract price shall be $ @222 (!222 dollars) which
shall be due, in full, on @223.


#501
/* Para. 501: Payment, in installments */


The total contract price shall be $ @777 (!777 dollars) which
shall be due, in installment as follows:


$ @778 (!778 dollars) on @779, with the same amount due every
@789 thereafter, until paid in full.


Any past due installments will bear interest at the highest legal
rate.

#361
/* Para. 361: Training, included */


In addition to the maintenance obligation undertaken above,
DEVELOPER shall provide at no additional charge to CUSTOMER no
more than @555 hours of initial training in use of the program,
and refresher training for employees that have already received
initial training. This training shall take place at @556.
DEVELOPER shall not be required to provide additional training;
however, CUSTOMER may order additional training at a cost of $
@557 (!557 dollars) per instructor/hour.


#362
/* Para. 362: No training */


DEVELOPER shall not be required under this contract to provide
basic training or recurrent training for users of the program.
However, CUSTOMER may request training for employees. A
reasonable compensation and other conditions for the training
will be agreed upon by the parties.


#363
/* Para. 363: Mandatory middle */


Nothing in this agree implies that DEVELOPER is required to make
enhancements or improvements to the program or to provide support
for any particular length, other than, if the CUSTOMER's original
agreement requires maintenance for a particular period of time,
such contract shall control.


This agreement may be terminated under two conditions:


1) a breach of the contract,

2) termination without a breach of the contract



If a breach of the contract is committed by the CUSTOMER, the
DEVELOPER shall give a written notice specifying the alleged
breach and permit the CUSTOMER to cure the breach within 10 days.
However if the DEVELOPER has previously complained of a
substantially similar breach, the DEVELOPER may either:


a) allow a period of three days to cure the breach; or,


b) issue a notice of immediate termination.


If a breach of contract is committed by the DEVELOPER, the
CUSTOMER shall give written notice specifying the alleged
breach and permit the DEVELOPER to cure the breach within 3
business days. However, if the CUSTOMER has previously complained
of a substantially similar breach, the CUSTOMER may alternately
issue a notice of immediate termination or allow a period of two
business days to cure the breach. All notices of alleged breaches
shall be sent by the most expeditious means, such as fax or over
night delivery.


In the event that a claimed breach by DEVELOPER is the failure of
the CUSTOMER to pay as agreed, 2 business days notice of
intention to terminate may be given, although DEVELOPER shall not
be required to do so.


No failure or delay in excercising in right or failure to issue a
notice of any breach shall not constitute a waiver of any rights
herein.


Breach by the CUSTOMER shall include, but not be limited to:


a) the CUSTOMER making or permitting any alteration of the
software or hardware without the prior agreement of the
DEVELOPER; the DEVELOPER shall not be required to agree to any
changes by third parties;


b) refusal of the CUSTOMER to reasonably cooperate with the
DEVELOPER;


c) refusal of the CUSTOMER to permit installation of software,
including updates;


d) persistent failure of provision of a proper electrical supply,
persistent failure to properly maintain hardware and a proper
environment for computers.


The contract may be terminated by either party without reference
to a breach and without cause on 120 days notice.


This is the entire agreement between the parties, and the same
may only be altered by a writing executed by all parties hereto.



Dated: ______________________










_________________________________________________

@001








__________________________________________________

@002