This software maintenance agreement 2 template has 5 pages and is a MS Word file type listed under our software & technology documents.
Sample of our software maintenance agreement 2 template:
SOFTWARE MAINTENANCE AGREEMENT This Software Maintenance Agreement (the "Agreement") is effective [DATE], BETWEEN: [FIRST PARTY NAME] (the "First Party"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY NAME] (the "Second Party"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, pursuant to the Master Agreement, First Party and Licensee have entered into License no [NUMBER] (hereinafter referred to as the "License Agreement") with respect to such Software Products referred to in such License Agreement (hereinafter referred to as the "Software"); WHEREAS Second Party wishes to sell to First Party and Licensee wishes to purchase from Second Party maintenance and support services for the Software pursuant to this Agreement; NOW THEREFORE, consideration of the mutual promises herein, First Party and Second Party agree as follows: Scope Of Agreement During the term of this Agreement, as set forth in Section 2, Second Party agrees to furnish to Licensee the following maintenance and support services for the Software (which shall hereinafter collectively be referred to as the "Services"): Software Update, Upgrades and Correction Services As part of the Software Update and Correction Service, Second Party shall promptly provide to First Party: any known problem resolutions relating to the Software as such resolutions become known to Second Party; corrections for problems that Second Party diagnoses as Defects in a currently supported version of the Software; all modifications, refinements, and enhancements ("Improvements") which Second Party to incorporates into and makes a part of the Software; Upgrade new releases of the Software which Second Party elects to make available to its general client base; Telephone Support Services Telephone Support Services includes Licensee having direct telephone access to employees of Second Party who have the necessary technical expertise and experience to understand and solve First Party's inquiries concerning the Software Defects as set out in the License Agreement and to clarify Documentation when same is either insufficient or unclear. Such direct telephone access shall be available Monday through Friday, exclusive of statutory holidays, from [HOUR] to [HOUR] (Eastern Standard Time). Second party shall be obligated to provide a response to such telephone inquiries as soon as is practically possible but, in no event, shall such response take more than [NUMBER] business hours to provide. In the event that such response is not satisfactory to First Party, acting reasonably, then Second Party shall promptly provide Software Repair Services. Software Correction Services Should the Software not operate as set out in the License Agreement, Second Party will promptly correct the Software at no additional charge to First Party. TERM The term of this Agreement shall be the same as that of the License Agreement. CHARGES AND PAYMENT Upon execution of this Agreement, Licensee shall pay to Second Party the sum of [AMOUNT] on a [SPECIFY] basis which represents the total amount that Licensee will pay for the Services provided by Second Party pursuant to Exhibit [SPECIFY]. All taxes are excluded and shall be shown separately on Second Party's invoice. WARRANTY Second Party warrants for a period of [NUMBER] days from the date of their being rendered, that the Services will remedy the problem to which they are related. EQUIPMENT/SOFTWARE Second Party shall use the equipment (hardware and software) provided by First Party solely for the provision of the services covered under this Agreement. INSURANCE Second Party hereby accepts total responsibility for the equipment provided by First Party pursuant to Section 5 above. Second Party shall provide First Party with a certificate of insurance indicating coverage for at least [SPECIFY] to cover its liability in the event the equipment is damaged or destroyed. The certificate shall specifically cover the equipment provided by First Party pursuant to Section 5 above and shall name First Party as beneficiary in respect of losses or claims. Such insurance shall remain in full force and effect throughout the term of this Agreement. NON-DISCLOSURE The provisions governing Non-Disclosure set out in the License Agreement in Article [NUMBER] shall apply to this Agreement mutatis mutandis. TITLE TO WORK Upon payment being made in accordance with the terms of this Agreement, all title, rights and interest in all software, printed material and other physical media containing designs, symbols, inventions and reports performed, created or written in accordance with this Agreement along with any rights of intellectual property related thereto, including but not limited to patents, copyrights, trademarks and industrial designs (hereinafter referred to as the "Work") shall vest in and inure to the benefit of [SPECIFY]. At [SPECIFY] request, [SPECIFY] shall sign any additional documents necessary (as the case may be) to give full effect to [SPECIFY]s title to the Work
