FUTURE TOUCH TECHNOLOGY 1-2007 - Laserfiche WebLink

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Order Form and Purchase Agreement FutureTouch Technology 17301 Edwards Road Cerritos, CA 90703 I~FUturPTourh 'r° "°""v Bryce Agnew 775-291-2711 cell 562-366-8766 main 562-366-8887 fax 3. Dudng the first 90 days from the tla[e the item is originally shippetl to Customer, FutureTouch provitles Hardware Depot Repair Wartanty service in which FutureTouch will manage the repair M failed tlerns wtlh the rtenufacturer. Customer is responsible for removing items fmm mbinel (if applicable) and reWming item to FutureTouch at Customer expense. FutureTouch unit pay for return grountl shipping. FutureTouch oRers an optional extension of the Hardware Depot Repair Wartanty that pmvitles the repair services as long as the equipment is covered. If Customer tloes not purchase [he optional Hardware Depot Repair Wartanty, then 90 days after the item is originally shipped by FutureTouch to Customer then FuNreTOUCh will provitle services at the then curtenl Pay-per-Use rele. 4. FutureTouch warranties are vcitled by misuse, abuse, vantlalism, dartage, unsuitable environment. unsuitable power, orimpmper maintenance. 5. FutureTouch tloes not assume any responsibility or liability for Customer-providetl items unless these items are covered by the optional Hardware Depot Repav Warranty. FutureTouch troubleshooting involving Customer-supPlietl dens is an additional consulting service that may incur atltlilional charges. 6. Shipping and Installation: Cabinets and equipment are sold FOB point of destination for shipping by FuWreTouch and FOB point of origin for customer shipping. Customer upon receipt must immediately inspect all tlelivered items. Customer is responsible for immediately reporting any damage to the shipper prior to the shipper's tleparture from Customer faality. FutureTouch will prepare the shipping insuranre daim if FutureTouch was contracted by Customer to rtanage shipping. 7. If tlelivery cannot ocmr within 30 tlays of the unit being reatly to ship, Ihen the Payment Schetlule is modilietl so that the balance is then immediately due. e. Storage: AStoragefee of SAS per month per unit will be assessetl starling 30 days aRer the unit is ready to ship per FutureTouch nofifrelion. 9. Unit pricing is based on the quantity specifietl as asingle order. Partial or subtlivitletl orders will be pdcetl at rates applicable to the size of the actual order. 10. Third pally software ownetl by gNer companies is dislribuletl subject to the licensing restrictions imposetl by the software owner and is tlistributetl as-is without any wananty or representation from FutureTouch. Support is provided by he sofNrare avmer. Additional Terms for FutureTouch Software and Application Development Projects 1. Ownership of Software: FutureTouch owns all software except commerdal Ihirtl party software ownetl by other companies. FutureTouch grants Customer a bcense to use TouchVSion sollware on computers provided or approvetl by FutureTouch. Any other use ar distribution of FutureTouch software is prohibited. Thirtl party soRware ownetl by outer companies Is tlistributetl subject tp the licensing restndians imposed by the software owner. 2. Soilware Wartanty: Sofhvare is warranletl from Substantial Defects. Substantial DefeMS are major problems with the software that prevent rnlirel functions from fully working, and are untler complete FutureTouch control. Substantial Defe<IS exdutle Minor Defects such as soMmre bugs That are a minor nuisance or have spordtlic, unpretlidable operational impacts. FutureTouch will mnect Substantial Defe<IS in a timely manner upon Customer idenlifimtion of the problem and FutureTouch duplication or confrmalion of the problem. The time required to coned a detect tlepends on the severity antl corrplexily of the defect. FutureTouch will make reasonable efforts to correM Substantial Defects quickly. Minor Defects will be corrected as part of a slandartl rreinlenance release aawork-around will be provided. Wartanty penod is 6 rtwnlhs or as long as FutureTouch is refainetl for software maintenance. The wananly exdudes changes in computers, technology, and comrtunications that Trey occur over the course of lime That cause a problem with a system that was previously functional. The FulureTauch ProduM License is inmrporaletl by reference. 3. ResldMions of Use: FulureTOUCh prohibits from interactive applications developed by FutureTouch, or application hosting by FutureTouch, any pornographic materials, libelous materials, copyright infringement, trademark infringement, and any other materials That are illegal or offensive in the sole view of FutureTouch. Any such materials brought to FulureTOUCh's attention will be removed. FutureTouch tloes not perform screening or censoring, but will respond [o issues brought to FutureTouch attention. 4. Responsibilities antl Rights of Customer Customer represents and warrants that all Customer-provided materials are fully ownetl by Customer, or that Cuslamer has secured required permissions to use the neterials without royalties or other obligations on FutureTouch. Customer represents antl warrants Nal work cmtmctetl of FutureTouch does not infringe on intellectual property awned by another person. Customer agrees to indemnify and holtl harmless FutureTouch from any claim or liability ansng from FWUreTcuch use M Customer-provitletl materials or the performance of mntraded work. in the event of any tlaim or asserted liability against FutureTouch, FutureTouch unit provide Cuslamer with prompt written notice. Upon notice. Customer agrees to defend and hold harmless FutureTouch fmm any loss or liability. In the event Customer fails to indemnify FutureTouch, FuNreTOUCh has the right la tle/end or settle any claim on (heir own behalf antl be fully reimbursed by Customertor all costs antl expenses of such tlefense or settlement. 5. Customer Content: Customer owns informational content protlucetl by FutureTouch for Cuslamer using materials provided by Customer antl in which FulureTauch is fully compensatetl by Customer far services. No ownership rights for content ownetl by lhiM parties or FutureTouch are providetl to Customer. Customer gams FuwreTOUCh non- exclusive, unresMded, and royalty-free rights to use content tlevelopetl by FutureTouch For Customer. 6. Attribution Mark: FutureTouch has the right to tlisplay attribution to FutureTouch as a discrete mark on the rrein menu of the mtemdive applirebon or in some other appropriate manner. FutureTouch will make the rrerka suitable, attraMwe element in the application so that it does not conFliAgreement Acceptance Company and Customer agree that this Agreement will be considered signed when the signature of a party is delivered by fax. Signatures transmitted by fax shall have the same force and effect as original signatures. By signing below, Customer agrees to this purchase agreement. Signature: Name: Title: Company Name: Date: t t tsoa Page 4 Initia Is: