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
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.