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Software Maintenance Agreement Word Text Document Format
SOFTWARE MAINTENANCE AGREEMENT
This Software Maintenance Agreement, between [SPECIFY COMPLETE NAME OF CLIENT] located at [SPECIFY COMPLETE ADDRESS OF CLIENT], (hereunder called “Client”),
[SPECIFY COMPLETE NAME OF SOFTWARE COMPANY] located at [SPECIFY COMPLETE ADDRESS OF SOFTWARE COMPANY], (hereunder called “Licensor”), is entered in this [SPECIFY EFFECTIVE DATE].
|1||SCOPE OF MAINTENANCE AGREEMENT||Amid the term of this maintenance understanding, Licensor consents to give standard maintenance administrations, improvements, programming administrations, bolster, preparing for the Client’s Software, all as per the terms and states of this support contract.|
|2||STANDARD WARRANTY AND MAINTENANCE SERVICES||
|3||ON-SITE SUPPORT||Licensor may, upon composed demand of Client and endorsement by Licensor, furnish Client with on location bolster at a commonly settled time. Customer consents to pay Licensor every single sensible cost related with the arrangements of on location site, including charges for Licensor’s personnel, actual charges for movement, lodging and various costs as substantiated by receipts and any assessments.|
|4||PROFESSIONAL SERVICES||Initial proficient administrations will be furnished in conjunction with the establishment of the product. These underlying expert administrations will incorporate starting establishment, design, and alteration of the product as might be essential for Client’s utilization. Any extra services required after introductory client acknowledgment of the product, to incorporate extensions, redesigns, framework design or relocation, might be charged at Licensor’s then standard administration rate.|
|5||OBLIGATIONS OF CLIENT||
|6||OWNERSHIP||Client perceives that Licensor guarantees each selective right, including patent, copyright, aggressive advancement and other prohibitive rights, in and to the item and any modifications, bug fixes, overhauls, invigorates or distinctive changes, including custom adjustments, to the item.|
|7||CLIENT’S SOFTWARE||The Client’s software shall mean the PC program in question code just and the related documentation, for example, client manuals and framework manager’s manuals. The item furthermore joins any corrections, bug fixes, enhancements, invigorates or diverse modifications made by Licensor, including changes to such PC program and related documentation.|
|9||ENHANCEMENTS||Every once in a while, and at Licensor’s sole caution, Licensor may make accessible to Client certain improvements to the product that Client may permit from endless supply of an extra permit expense as built up by Licensor. Improvements for the most part incorporate extra modules to the base programming.|
|10||TRAINING||Introduction training will be furnished in conjunction with the establishment of the product. Upon composed demand of Client, Licensor may give extra Client preparing at a commonly settled upon time and place. Customer consents to pay Licensor every sensible cost related with this extra preparing, which may include: charges for Licensor’s work force, which may incorporate an additional charge for preparing led at Client’s area; genuine charges, as substantiated by receipts, for movement, lodging and various costs related with preparing performed at an area other than Licensor’s offices and assessments.|
|12||LIMITATIONS||No intervention or other activity under this support understanding, unless including passing or individual damage, might be brought by either party against the other over one year after the reason for activity emerges. Neither one of the parties should be at risk to the next for lost benefits nor aberrant, unique or noteworthy harms emerging out of this cleaning contract, regardless of whether the gathering has been advised of the likelihood of such harms. By no means will risk surpass the sums paid by Client to Licensor under this maintenance understanding.|
|13||APPLIANCE||It implies any blend of Client’s product and equipment gave by Licensor as an incorporated unit for use by Client in different report administration and work process applications in conjunction with a framework.|
|14||STANDARD MAINTENANCE SERVICES||Standard upkeep benefits particularly do exclude, upgrades that are offered, at Licensor’s sole tact, to Client of the programming supply of an extra permit charge, programming, bolster, preparing, equipment or potentially related supplies. Furthermore, standard upkeep administrations do exclude settling issues caused by Client or Client’s workers or operators. In the event that a particular issue is sensibly resolved to be caused by Client or Client’s representatives or operators, genuine expenses and hourly charges may apply for any help gave by Licensor.
Amid the term of this maintenance contract, Licensor will give Client the accompanying standard maintenance administrations for the product:
|15||CUSTOMER PROGRAMMING SERVICES||Licensor may, upon composed demand of Client and common assent with regards to the extension and charges for the asked for services, give custom programming administrations to Client, including documentation that determines the asked for administrations to be given by Licensor and the related expense to be paid by Client for the asked for administrations. Administrations may incorporate, however are not constrained to, advancement of custom PC projects and establishment, preparing, and support concerning such PC programs.|
|16||THIRD PARTY INTEGRATIONS||Licensor may, upon composed demand of Client and endorsement by Licensor, give outsider assimilation services which may incorporate, yet are not constrained to, advancement of custom PC programs for combination of the product with outsider frameworks, and establishment, preparing, and upkeep concerning such third-party assimilations.|
|18||TERMINATION||Licensor should have the privilege to conclude this maintenance contract and all administrations gave as per this upkeep endless supply of Client’s product permit understanding by either party for any reason, or if Client or its representatives or operators abuse any arrangement of this upkeep agreement and Client neglects to relieve such infringement inside fifteen days after receipt of composed notice from Licensor. Endless supply of this support understanding, no charges beforehand paid by Client should be discounted.|
Each party recognizes that it has appropriately perused this maintenance contract, and that it comprehends and consents to be bound by its terms.
The Client and Licensor recognize and concur that they are managing each other hereunder as self-employed entities. Nothing contained in this upkeep understanding should be deciphered as constituting either party the joint venture or accomplice of the other party or as giving upon either party the energy of expert to tie the other party in any exchange with outsiders.
The headings of this maintenance contract are incorporated only for accommodation of reference and shall not influence the significance of the dialect included in that.
This maintenance contract should be liable to and administered in all regards by the statutes and laws of the [SPECIFY STATE OR COUNTRY] without respect to the contentions of laws standards thereof. Courts of equipped locale inside the territory of [SPECIFY STATE OR COUNTRY] might have selective purview and setting over all contentions in association herewith, and each party thus agrees to such restrictive and individual venue and jurisdiction.
Licensor’s obligation under this support contract, assuming any, should be constrained to the measure of the expenses paid to Licensor by Client in conjunction with the product. On the off chance that no occasion should Licensor be at risk to Client for any aberrant, extraordinary, accidental, excellent or significant harms identified with this understanding or coming about because of Client’s utilization or failure to utilize the product, emerging from any reason for activity at all, including assent, guarantee, strict obligation, or carelessness, other than net carelessness or purposeful unfortunate behavior on Licensor’s part, regardless of whether Licensor has been informed of the likelihood of such harms.
The Licensor and Client agree that this maintenance contract is the whole and prohibitive clarification of the understanding between the gatherings regarding the subject of the support agreement, which supersedes and mixes earlier recommendation, understandings and each different understanding, oral or created, between the parties relating to the theme of this upkeep understanding.
This maintenance agreement may not be adjusted, changed or altered with the exception of by composed instrument, properly executed by the two parties.
Any waiver, either conveyed or proposed, by either party of any default by the other in the acknowledgment and execution of any of the conditions and in addition vows of commitments set forward in this way won’t not constitute or be deciphered as a waiver of any subsequent or other default.
The courses of action of this maintenance contract are severable, and if any no less than one such arrangements shall be made plans to be invalid, illegal or unenforceable, in whole or to some degree, the authenticity, legitimacy and enforceable of any of whatever remains of the terms or bits thereof ought not in any manner be affected in like manner and should either tie between the parties hereto. Any such invalid, unlawful or unenforceable terms or fragment thereof might be changed and made an interpretation of keeping in mind the end goal to best accomplish the objectives of such states of section thereof inside the limits of applicable law.
BOTH AGREED AND SIGNED BY THE PARTIES:
[INSERT SIGNATURE OF THE LICENSOR]
[SPECIFY NAME OF THE LICENSOR]
[SPECIFY CONTACT NUMBER]
[SPECIFY EMAIL ADDRESS]
[SPECIFY DATE HERE] CLIENT:
[INSERT SIGNATURE OF THE CLIENT]
[SPECIFY NAME OF THE CLIENT]
[SPECIFY CONTACT NUMBER]
[SPECIFY EMAIL ADDRESS]
[SPECIFY DATE HERE]
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