Software Development Agreement

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Software Development Agreement
This is a legal agreement between Nikolaus Gebhardt / Ambiera e.U. (the “LICENSOR“) and
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(the “LICENSEE“). It governs the Licensee's right to use, extend, bundle, integrate and distribute the software, scripts, or
plugins (the “SOFTWARE”) specifically developed by the Licensor for the licensee under the conditions of this agreement.
Description of the Task and the Software to be developed by the Licensor:
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The Software is licensed and not sold. The Licensor will continue to own all rights, title and interest in and to any Software
it develops. The Licensor grants the Licensee the limited, worldwide, non-exclusive, transferable, sub-licensable right to use,
customize, extend, and redistribute the Software and create derivative works of the Software.
The Licensee pays a development fee of
Euro (plus value-added tax if applicable) to the Licensor. As
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soon as the Licensor acknowledges the receipt of the money and this signed agreement, the Licensor will start the
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development of the Software for a maximum amount of
hours. The Licensor does not guarantee that the
software will be functional at all after development has been stopped, or that it will be feature complete, but the Licensor
will try his best to achieve this goal. No communication between the Licensee and the Licensor will change the terms set
forth in this agreement. All development work will be done at Ambiera's office and no travel will be permitted.
If the Licensee fails to comply with the terms and conditions of this license, the Licensor will terminate the Software
Development agreement and the Licensee immediately has to delete all copies of the Software and its source (if provided).
This agreement does not include support services, although the Licensor can decide to offer the Licensee prioritized support
via email. Repeated voluntary provision of support services by the Licensor does not constitute a claim for future provision
of support services for the Licensee.
Disclaimer of Warranty
The Software will be provided by the Licensor ''as is'' and any express or implied warranties, including, but not limited to,
the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the regents or
contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not
limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused
and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any
way out of the use of this software, even if advised of the possibility of such damage. In any case, the Licensor's entire
liability under any provision of this license shall be limited to € 1.00.
Jurisdiction and Choice of Law
Insofar as not otherwise agreed, this Agreement shall be governed exclusively by Austrian law. Austrian law shall also be
applied in case of the Licensee being located outside of Austria. The Licensee expressly agrees that exclusive jurisdiction for
any claim or dispute with the Licensor linked in any way to the Licensee's use of the Software and/or Documentation resides
in the competent court in the town of Vienna, Austria.
Severability
Should individual terms of this agreement be or become inoperative, this will not affect the remaining terms of this
agreement. The Licensor and Licensee will work in a spirit of partnership to find an arrangement that approximates the
inoperative terms as closely as possible.
IN WITNESS WHEREOF, the Licensor and Licensee have caused this Agreement to be executed as set forth below:
Licensee
Licensor
Signature: ___________________________________
Signature: ___________________________________
Name:
Name: Nikolaus Gebhardt, Ambiera e.U.
þÿ
Date:
Date:
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