|
Live and there will only be the added costs which relate to adding those components and
<br />any added implementation tasks, such as training.
<br />Change Requests for Custom Work: The Customer may make a change request(s) for custom
<br />work at any time in writing and submit to FASTER's Implementation Project Manager.
<br />FASTER will provide the Customer with a written estimate of added costs and/or time delay
<br />resulting from the change request(s). It is understood by the parties that change requests
<br />that occur after the Customer has approved the Requirements Document may lead to
<br />higher cost and time delay due to the fact that FASTER may need to re -write the
<br />Requirements Document, re -do the approval process, re -work code or re -test. The
<br />Customer will review and modify if needed FASTER's written response to change request(s)
<br />and notify FASTER in writing whether it wants to proceed with the change request(s).
<br />3. Taxes.
<br />Prices and fees are exclusive of all federal, state, municipal, or other government, excise, sales, use,
<br />occupational, or like taxes now in force or enacted in the future and, therefore, prices are subject to
<br />an increase equal in amount to any tax FASTER may be required to collect, or pay, upon the sale or
<br />delivery of items purchased or licensed. If a certificate of exemption, or similar document or
<br />proceeding, is to be made in order to exempt the sale from sales or use tax liability, the Customer
<br />will obtain and pursue such certificate, document or proceeding.
<br />4. Proprietary Rights of FASTER.
<br />Nature of Rights and Title: Customer recognizes that all computer programs, system
<br />documentation manuals, and other materials supplied by FASTER to Customer are subject to the
<br />proprietary rights of FASTER. Customer agrees that the programs, documentation, and all
<br />information or data supplied by FASTER, in machine-readable form are trade secrets of FASTER,
<br />are protected by civil and criminal law, and by the law of copyright, are very valuable to FASTER,
<br />and that their use and disclosure must be controlled. Customer further understands that
<br />operator manuals, training aids, and other written materials are subject to the copyright act of
<br />the United States.
<br />Title: FASTER retains title to and all intellectual property rights to all programs, documentation,
<br />information or data furnished by FASTER in machine-readable form, and training materials.
<br />Customer shall keep each and every item to which FASTER retains title free and clear of all
<br />claims, liens and encumbrances except those of FASTER; and any act of Customer, voluntary or
<br />involuntary, purporting to create a claim, lien, or encumbrance on such an item shall be void.
<br />b. Restrictions on Customer Use: The computer programs and other items supplied by FASTER
<br />hereunder are for the sole use of Customer and Customer's employees/agents.
<br />Competitive Uses: Customer agrees that while this Agreement is in effect or while it has
<br />custody or possession of any property of FASTER, it will not directly or indirectly lease,
<br />license, sell, offer, negotiate, or contract to provide any software similar to that supplied
<br />hereunder for any third party, but this clause shall not be construed to prohibit Customer
<br />from acquiring, for its own use, software from third parties. Customer agrees that while this
<br />
|