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350B.BLD
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1993-03-21
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7KB
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225 lines
#350
@001 Enter the name of the CUSTOMER:
@002 Enter the name of the SOFTWARE SERVICE COMPANY:
@100 Enter the name of the program subject to the contract:
@101 Enter the software version:
#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 COMPUTER SERVICE COMPANY's location
KEY IN VALUE
@557 Enter cost per instructor/hour for additional training:
#endif
#363
#end control section
#350
/* Para. 350: Maint. agreement; third party software */
CUSTOMER MAINTENANCE AGREEMENT
@001, referred to as SOFTWARE SERVICE COMPANY, and @002, referred
to as CUSTOMER agree:
CUSTOMER represents and warrants that it is an authorized
licensee/owner of the following described computer software
system:
@100, version @101
SOFTWARE SERVICE COMPANY shall provide under the terms and
conditions stated herein maintenance service for CUSTOMER.
Maintenance service is defined as providing needed assistance
as reasonably necessary to make the program perform pursuant to
its listed specifications; provided, that since the product is
produced by a third party that SOFTWARE SERVICE COMPANY shall not
be required to correct deficiencies which are results of
programming, or failure to program, of the producer of the
program. Maintenance shall include reconfiguration of the
software if reasonably required to accomplish tasks within the
capability of the program.
In the event that the producer of the program issues a new
version, and CUSTOMER elects to upgrade to such new version,
maintenance hereunder shall include re-configuration of the
system and conversion of data or other items to the new standard.
However, if the upgrade requires complete re-installation the
parties shall in good faith negotiate and agree upon a one time
charge for such re-installation.
#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,
COMPUTER SERVICE COMPANY 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. COMPUTER SERVICE COMPANY 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 */
COMPUTER SERVICE COMPANY 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 */
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
COMPUTER SERVICE COMPANY shall give a written notice specifying
the alleged breach and permit the CUSTOMER to cure the breach
within 10 days. However if the COMPUTER SERVICE COMPANY has
previously complained of a substantially similar breach, the
COMPUTER SERVICE COMPANY 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 COMPUTER SERVICE
COMPANY, the CUSTOMER shall give written notice specifying the
alleged breach and permit the COMPUTER SERVICE COMPANY 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 COMPUTER SERVICE COMPANY is
the failure of the CUSTOMER to pay as agreed, 2 business days
notice of intention to terminate may be given, although COMPUTER
SERVICE COMPANY shall not be required to do so.
No failure or delay in exercising 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 COMPUTER
SERVICE COMPANY; the COMPUTER SERVICE COMPANY shall not be
required to agree to any changes by third parties;
b) refusal of the CUSTOMER to reasonably cooperate with the
COMPUTER SERVICE COMPANY;
c) 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 this
agreement may only be changed by a writing executed by both
parties.
Dated: ______________________
____________________________________________
@001
_____________________________________________
@002