ASP Concept ASP Agreement Service Level Agreement Terms & Conditions Privacy Statement
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This ASP agreement will permit a merchant to access and use applications and programs on OYM's servers. This contract is drafted from a neutral perspective so that a balanced document can be presented or else amended to provide greater protection where deemed necessary. SLA (Service Level Agreement) is provided under separated cover.

OYM will agree to provide the services for the duration specified in the contract. Additionally OYM warrants that it will not breach third party intellectual rights.

Subject to payment of fees, a non-exclusive non-transferable license to use the services and related software/intellectual property is granted (however, ownership of rights in software/intellectual property is reserved). Rights to decompile software are not granted.

The merchant agrees to maintain reasonable security in relation to access to the services. Payment provisiions are included and may be adapted to suite the necessary final agreement on the matter.

The warranties in the contract may be amended depending on the perspective of the party presenting it. Possible provisiions may include a warranty as to the right to grant the license to use the services, limitations of liability for OYM provided connectivity and the duty to insure.

The limitation of liability clause reflects statutory requirements with regard to death and personal injury caused by use of the services. Other wording gives the provider protection for actions for consequential, direct, pure economic and other similar losses, as well as for loss of data. A maximum total amount of US$1,000 is reserved for such kind of claims.

Extensive clauses exist for termination, for example : misuse of the services, legal requirement to cease, serious financial/insolvency problems and material breach of contract.

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