Requirement
Analysis Terms
Modification Date: April 5th, 2008
1.0 ACCEPTANCE
OF AGREEMENT
You agree to the terms and conditions outlined in
this "Requirement Analysis Terms". This entire
Agreement constitutes one of the agreement between us and
you, and supersedes all prior agreements,
representations, warranties and understandings with
respect to Requirement Analysis services provided by us. This
Agreement may be amended at any time by us from time to time
without specific notice to you. The latest Agreement will
be posted on the Site, and you should review this Agreement
prior to ordering requirement analysis services from us. Full
or part payment of the invoice is deemed acceptance of these
terms.
For definitions see "Definition".
2.0
NON-REFUNDABLE
This is non-refundable cost even if the "Srest" or
"Client" decides not to continue the project for any reasons.
"Srest" does not give credits or refunds for charges already
due or paid even if you asked us to stop the work in between.
3.0 ENTITLEMENT
All artifacts produced and provided to client are
property of "Srest". The artifacts are owned by "Srest",
and is copyrighted and licensed, not sold. "Srest" grant
you a non exclusive license to use the artifacts when you
lawfully acquire it. They cannot be resold or battered.
You may use the artifact for your use and make and
install copies, including a backup copy, to support such use.
The terms of this license apply to each copy you make. You
will reproduce all copyright notices and all other legends of
ownership on each copy, or partial copy, of the Program. You
will ensure that anyone who uses the artifacts (accessed
either locally or remotely) does so only for your authorized
use and complies with the terms of this agreement.
4.0 NO
WARRANTY OR GURANTEE
THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND
FITNESS FOR A PARTICULAR PURPOSE. THIS IS THE SOLE AND
EXCLUSIVE WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO THE
SUBJECT MATTER OF THIS AGREEMENT. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY SREST, ITS AFFILIATES, DEALERS,
DISTRIBUTORS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY OR IN
ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
SREST DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE
SERVICES OR ARTIFACTS WILL BE UNINTERRUPTED OR ERROR FREE.
ARTIFACT PROVIDED MAY CONTAINS BUGS AND PROBLEMS, SO USE OF
THESE AT YOUR RISK. WE TAKE NO RESPONSIBILITY FOR ANY DAMAGES
THAT MANY UNINTENTIONALLY ARE CAUSED THROUGH ITS USE.
5.0 IMPACT
SOFTWARE SERVICES
Based on the requirement analysis, quotation provided
for software services may change. It might also result in
change of scope. It may also result in dividing the
software services request in multiple phases. Each phase is
priced separately. Initial quote usually covers the phase one.
"Srest" division of phases is final. Client may request a
change to phase, accepting or not accepting it totally upon
"Srest".
6.0 LIMITATION
OF LIABILITY
FOR ALL EVENTS
AND CIRCUMSTANCES, SREST AND ITS AFFILIATES' AGGREGATE AND
CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS
AGREEMENT, INCLUDING WITHOUT LIMITATION ON ACCOUNT OF
PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS, REGARDLESS OF
THE FORM OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING WITHOUT LIMITATION NEGLIGENCE), STATUTE OR
OTHERWISE WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT TO
EXCEED THE AMOUNT THAT CLIENT PAID TO SREST UNDER THIS
AGREEMENT.
This limitation of liability also applies
to srest’s Program developers and suppliers. It is
the maximum for which they and Srest are collectively
responsible.
UNDER NO CIRCUMSTANCES IS SREST, ITS PROGRAM DEVELOPERS OR
SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF
THEIR POSSIBILITY:
1. LOSS OF, OR DAMAGE TO, DATA;
2. SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR
ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR
3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR
ANTICIPATED SAVINGS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
7.0 No Waiver
Srest Information technology Hosting's failure to
enforce the strict performance of any provision of this
Agreement will not constitute a waiver of Srest
Information technology Hosting's right to subsequently
enforce such provision or any other provisions under this
Agreement.
8.0
Severability
If any provision of this Agreement is deemed illegal,
invalid, void or otherwise unenforceable in whole or in part,
that provision shall be severed or shall be enforced only to
the extent legally permitted, and the remainder of the
provision and the Agreement shall remain in full force and
effect. If any provision of this Agreement is deemed to be
invalid, void or unenforceable only with respect to a
particular application, such term or provision shall remain in
full force and effect with respect to all other applications.
9.0 Survival
All provisions of this Agreement relating to your
warranties, intellectual property rights, limitation and
exclusion of liability, your indemnification obligations and
payment obligations shall survive the termination or
expiration of this Agreement.
