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Professional Services Agreement Software Development

This provision is an assignment of the installed software and does not explicitly contain source code, which raises the question of how the customer will wait for the software if the developer is no longer available to support the software. A lawyer can discuss whether a source code trust agreement is advisable and the specific terms of such an agreement. 9.9 We agree with you that this Agreement and any terms expressly set forth therein constitute the entire agreement between you and us regarding the subject matter of the Contract and supersede all prior and simultaneous communications, understandings or agreements, written, signed or unsigned, regarding the subject matter of the Contract. Customer wishes to instruct the Developer to provide certain unique and proprietary software specifically designed and/or customized for Customer (the “Software”) and the Developer is prepared to accept the order to develop such software under the terms and conditions set forth in this Agreement. 1.4 DELAY IN SERVICES. In the event that the Services are delayed by a total of thirty (30) days prior to the commencement or during the period during which the Services are provided and the cause of such delay is beyond BCC`s control, the provisions of this Professional Services Agreement shall be subject to renegotiation between the parties. In the event that the Customer or a party providing services on behalf of the Customer causes such delay, the event constitutes a termination in accordance with the terms of Section 3.2. 8. WARRANTY. BCC will provide the services provided under this Agreement in a professional and professional manner. BCC does not provide any written or oral warranties, either express, implied or statutory, including, but not limited to, warranties, fitness for a particular purpose. 1.2 Duties and Responsibilities of the Developer. The developer and client jointly define the specification and the developer: (a) perform the work in accordance with the specification; (b) make reasonable efforts to provide the Software to the Customer within the delivery time set out in the schedule set out in Appendix “A” or as soon as this is economically viable in accordance with the Specifications; and (c) assign a project manager responsible for managing day-to-day operations, reporting and resource allocation.

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