CONSULTING, NON-DISCLOSURE, LIMITED CONSULTANT LIABILITY, AND INTELLECTUAL PROPERTY AGREEMENT

1. The CUSTOMER takes all responsibility for final testing and any liability for any use of the software developed by the ARCHITECTEAM for the CUSTOMER. The only exception to this is within 30 days of software delivery, the ARCHITECTEAM and CUSTOMER agree that:
• Fixed price work only: The ARCHITECTEAM agrees to fix software bugs or defects reported by the CUSTOMER for free within a 30 day period after delivery of software. Bug reports must be clear and reproducable. After this 30 day period, any bug fixes or software enhancements will be billed at an hourly rate.
• Hourly work only (i.e., not fixed price work): The ARCHITECTEAM will make all reasonable efforts to fix any defects. The CUSTOMER pays for this work at the same hourly rate as the original work.
2. Fixed price work only: the CUSTOMER will pay up front for any preliminary analysis work required to create a statement of work and a preliminary design document. The statement of work and preliminary design document are the property of the CUSTOMER in the case that CUSTOMER and ARCHITECTEAM do not agree on terms for the project. Both CUSTOMER and ARCHITECTEAM agree to be flexible in changing the statement of work using email to agree on changes in the statement of work and the resulting changes to the cost of the project.
3. The CUSTOMER owns all rights to software that the ARCHITECTEAM develops for a consulting fee for the CUSTOMER once the CUSTOMER has paid the ARCHITECTEAM for the work. This excludes any 3rd party software components that are used (either commercial components provided by the CUSTOMER or any freely available open source or public domain software that the CUSTOMER and ARCHITECTEAM agree to use).
4. Both the ARCHITECTEAM and CUSTOMER agree to take all reasonable precautions for safeguarding each others intellectual property.