Description
This software supply, support, and maintenance contract is drafted from the perspective of a supplier (or software consultancy) that may be installing its own copyright software or that of a third party. The terms and conditions of the software licensing agreement itself being contained in a schedule to the contract.
Summary
Fees are charged separately for the software license, installation and maintenance and increases in the maintenance charge (following the initial period) are linked to the retail price index. Protection is included in the event of late payments or failure to pay fees.
An acceptance testing procedure is included and provides for error correction and renewed testing. The process finishing when programs are running correctly as certified by the purchaser or as implied by non-receipt of a failure notice during a set time period.
The purchaser is mandated to provide all necessary access and assistance as regards installation of the software.
Warranties are included to protect rights in the software and to indicate the purchaser is aware the software is not error free. Error correction is covered under the maintenance provisions.
Upgrades are provided and where necessary training in relation to these at the suppliers standard charge rates.
Extensive protection from liabilities of the supplier in relation to the contract are provided with a fixed cap sum as a fall back. These clauses are subject to statutory restrictions on limitations and exclusions.
Protection has been included in relation to payment/business problems regarding the purchaser and in respect of confidentiality.
Short Description
Single software supplier agreement for full installation, maintenance and support of a software product.
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