Provider will provide the Software so that it performs materially in accordance with Recipient’s need upon delivery of Software. Provider agrees to provide the services to Recipient to make sure the Software will function according to the specifications without charge during 30 days of delivery of Software. However, if Recipient needs additional customization thereafter, Provider shall charge $50/hr for customization service. The parties will negotiate in good faith regarding the customization service.
Provider will provide Maintenance during the term set forth in Subsection 3(a) below. Any bug-fixes or other modifications of the Software created pursuant to this Subsection 1(a) will become part of the Software and will be subject to the provisions of Section 3 below and the other provisions of this Agreement.
During the term of this Agreement, Provider will provide such training 1 times after the delivery of Software on use of the Software, at the Facility, without additional charge. Thereafter, Provider shall provide the training at the cost of $50/hr for the additional training requested by Recipient. The parties will negotiate in good faith regarding the time(s) of such training.
Copies of the Software created or transferred pursuant to this Agreement are licensed, not sold, and Recipient receives no title to, or ownership of, any copy of the Software itself. Recipient will not: (i) modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the Software; (ii) use the Software for service bureau or time-sharing purposes or in any other way allow third parties to exploit the Software; or (iii) reverse engineer, decompile, disassemble, decode or otherwise attempt to derive any of the Software’s source code.
This Agreement will continue until terminated by either party as specifically authorized herein. The initial term of this agreement to be one (1) year. Thereafter, the term will renew every 12 months, unless Recipient notifies Provider of its intent not to renew 30 days before any renewal date.