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Requirement Analysis Terms

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.