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Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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According to the provisions of relevant laws and regulations, Party A and Party B, on the basis of equality and voluntariness, have reached the following agreement through consultation for mutual compliance.
First, the mode of cooperation
Party A entrusts Party B, and Party B accepts Party A's entrustment to customize and develop the software products required by Party A according to Party A's requirements, and the expenses shall be paid by Party A to Party B..
Second, the object of the contract
1. According to this contract, the software products entrusted by Party A to Party B (hereinafter referred to as "software") are _ _ _ _ _ _.
2. Party B shall be responsible for the design, development, delivery, training and other related services of the software, and ensure that the software meets the requirements of Party A without defects in rights and quality.
3. Party B promises that in order to complete the matters agreed in this contract, Party B has obtained the license to use other software needed to develop the software, and has the right to license Party A or a third party designated by Party A to use and use the software, and this authorization is legal and valid for a long time.
4. Without the written consent of Party A, Party B shall not subcontract or subcontract the subject matter of this contract to a third party. Before delivering the software products to Party A, Party B shall not transfer the software to a third party or give it to a third party for use.
Three. Development progress and software achievement delivery
1. Within _ _ _ _ days after the signing of this contract, Party B shall complete the software requirements analysis, design, coding and testing, and deliver them to Party A for use.
2. The delivery place of the software products is, and the delivery contents include but are not limited to all source codes, installation disks, technical documents, user's guides, operation manuals, installation guides and test reports.
Fourth, the development cost.
The total cost of software development is (RMB) _ _ _ _ _ _ yuan only, including: complete software delivery results and technical document development expenses; Expenses for providing technical services and technical support that Party B shall bear; All interface fees for other software; Taxes and fees; Technical training fees (including textbooks and course fees, etc.). ); And all other expenses that Party B needs to pay for fully performing its contractual obligations.
Verb (abbreviation for verb) payment and settlement method
1, RMB _ _ _ _ _ _ _ _ yuan after the signing of this contract.
2. After Party B completes the software development and delivers it to Party A, Party A shall pay Party B a progress payment of RMB (RMB: _ _ _ _ _ _) within 15 working days after the software can be used normally.
3. After the software is accepted by Party A, Party B shall provide a special VAT invoice at the rate of _ _ _% of the total development cost, and Party A shall pay the balance to Party B within _ _ _ _ _ _ _ _ _.
Intellectual property clause of intransitive verbs
1. The intellectual property rights of all R&D achievements (including software products and other technical achievements developed on this basis) generated under this contract belong to Party A. ..
2. Both parties confirm that Party A has the right to use the research and development achievements provided by Party B under this contract for subsequent improvement. The ownership of the new technological achievements with the characteristics of substantive or creative technological progress shall be enjoyed by Party A. ..
3. Party B guarantees that the R&D achievements and development process provided under this contract will not infringe the intellectual property rights of third parties. If a third party makes an infringement accusation, Party B shall negotiate with the third party and bear all possible legal and economic responsibilities.
Seven. Rights and obligations of both parties
1. Rights and obligations of Party A
(1) Party A has the right to obtain the software delivery results, services and related intellectual property rights submitted by Party B. ..
(2) Party A has the right to know and supervise the progress of software development in time.
(3) Party A shall provide Party B with necessary information and working conditions for completing software development.
(4) Party A shall pay the contract price to Party B as agreed in the contract.
2. Rights and obligations of Party B
(1) Party B has the right to collect the contract price according to this contract.
(2) Party B has the right to request Party A to provide necessary information and support for software development.
(3) Party B guarantees that the delivered software products are complete, brand-new, technologically advanced and mature, and meet all requirements of safety, reliability, efficient operation and convenient maintenance in terms of performance, quality and design, and can meet Party A's individual needs and related interface development work. The technical documents provided by Party B shall be complete, clear and accurate, and can meet the needs of inspection, installation, debugging, testing, acceptance, operation, maintenance and training of software deliverables.
(4) Party B shall send technicians with good health, working experience and corresponding skills to Party A's site to provide technical services such as development, implementation, installation, debugging, testing, trial operation, maintenance and training, and the technical service fee is included in the contract price.
(5) If Party A finds that the software products delivered by Party B are defective, or the performance and quality do not meet Party A's requirements, Party B shall be responsible for eliminating the defects and replacing or replacing the delivered software products free of charge. If the software products delivered by Party B are defective, or the performance and quality do not conform to the provisions of this contract, causing losses or work obstacles to Party A, Party B shall bear corresponding responsibilities.
(6) During the after-sales service, Party B is responsible for providing Party A with all data and information related to the new or improved operating experience, technical development and security of the software, and for updating and upgrading the software under this contract.
(7) Party B guarantees that the software products and services delivered by it do not have any right defects. If any third party makes an infringement claim against Party A for the software products and services delivered by Party B, Party B shall be responsible for negotiating with the third party and bear all legal responsibilities arising therefrom, and the relevant expenses shall be borne by Party B.. ..
(8) Party B promises that the software products provided do not contain any security risks, and shall bear all responsibilities (including but not limited to eliminating security risks, refunding, compensating for losses, etc.) within the software service period. In case of any accident caused by the safety of software products, Party B shall compensate Party A and relevant users for the losses suffered.
Eight. accept
1. After Party B delivers the developed software products to Party A, it enters the trial operation period, which lasts for months. If during the trial operation, it is found that the software products are defective or the performance and quality can not meet the requirements of Party A, Party B has the responsibility to modify and correct them. At the same time, the trial operation period shall be postponed according to the above modification and correction period.
2. After the trial run expires and Party A can normally use the software products delivered by Party B, Party B shall submit software design documents (including but not limited to software development plan and management change log, requirement specification, software design document, software architecture document, software system design, software pre-installation test plan, test plan, module design, module organization, module flow and interface design, etc.) to Party A.. ), you should also submit the documents of each stage of software development and all the source codes of the software.
3. If the acceptance is unqualified, Party B shall be responsible for correction and modification, and Party B must conduct acceptance again after correction and modification. If the second acceptance is still unqualified, Party A has the right to terminate this agreement.
Nine, after-sales service support
1. After passing the acceptance, Party B will provide after-sales service for the developed application system for one year.
2. During the first two weeks of the after-sales service period, Party B shall cooperate with Party A to use the software.
3. After-sales service includes software defects and faults. When users require small-scale changes to some functions due to work needs, Party B shall complete them.
4. During the after-sales service, Party B promises that when the application system fails, Party B will respond positively in time, and both parties will negotiate separately in special circumstances.
X. cultivation
After the software products are delivered to Party A, Party B is responsible for providing software operation guidance and training for Party A's management personnel.
XI。 Confidentiality responsibility
Party A and Party B guarantee that all technical information and data of this software product shall not be disclosed to the third party.
Twelve. force majeure
1. If either party to the contract fails to perform the contract on schedule due to force majeure, such as earthquake, flood, typhoon, war and other force majeure reasons considered by both parties.