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This Software Development Agreement (the “Agreement” or “Software Development Agreement”) states the terms and conditions that govern the contractual agreement between [Sender.Company] having his principal place of business at 200 Clock Tower Pl Carmel, California(CA), 93923, (the “Developer”), and [Client.Company] having its principal place of business at 200 Gainsborough Cir Folsom, California(CA), 95630 (the “Client”) who agrees to be bound by this Agreement.
WHEREAS, the Client has conceptualized [QUICK DESCRIPTION OF SOFTWARE] (the “Software”), which is described in further detail on Exhibit A, and the Developer is a contractor with whom the Client has come to an agreement to develop the Software.
NOW, THEREFORE, In consideration of the mutual covenants and promises made by the parties to this Software Development Agreement, the Developer and the Client (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:
The Client hereby engages the Developer and the Developer hereby agrees to be engaged by the Client to develop the Software in accordance with the specifications attached hereto as Exhibit A (the “Specifications”).
The Developer shall complete the development of the Software according to the milestones described on the form attached hereto as Exhibit B. In accordance with such milestones, the final product shall be delivered to the Client by May 12 (the “Delivery Date”).
For a period of 20 days after delivery of the final product, the Developer shall provide the Client attention to answer any questions or assist solving any problems with regard to the operation of the Software up to 90 of hours free of charge and billed to the Client at a rate of $40 per hour for any assistance thereafter. The Developer agrees to respond to any reasonable request for assistance made by the Client regarding the Software within 30 days of the request.
Except as expressly provided in this Software Development Agreement, the Client shall not be obligated under this Agreement to provide any other support or assistance to the Developer.
The Client may terminate this Software Development Agreement at any time upon material breach of the terms herein and failure to cure such a breach within 20 days of notification of such a breach.
The Developer shall provide to the Client after the Delivery Date, a cumulative 2 days of training with respect to the operation of the Software if requested by the Client.