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(b)OMIGA SOLUTIONS grants to CUSTOMER all right, title, and interest in the
<br />software and documentation that is an enhancement to or modification of
<br />existing software or documentation on all of the CUSTOMER’s computer
<br />systems.
<br />(c)Any OMIGA SOLUTIONS software, equipment or consulting, programming, or
<br />management tools which may be furnished or utilized by OMIGA SOLUTIONS in the
<br />performance of these services shall remain the property of OMIGA SOLUTIONS and
<br />shall be immediately returned to OMIGA SOLUTIONS, upon its request or upon
<br />completion of the Services.
<br />6.Service Work Assignments. OMIGA SOLUTIONS retains the right to assign such personnel,
<br />including subcontractors, as it deems appropriate to the performance of Services under the
<br />Agreement.
<br />7.CUSTOMER Coordination for Services. CUSTOMER will provide a primary point of contact and
<br />make available all technical matter, data, information, operating supplies, and computer
<br />system(s), as reasonably required by OMIGA SOLUTIONS. OMIGA SOLUTIONS will assign a
<br />primary contact person for the Services.
<br />8.Price and Payment. Pricing is outlined in the SOW. The prices in this Agreement are
<br />exclusive of all applicable taxes, duties, licenses, and tariffs levied upon the sale, purchase or
<br />delivery of the Services which remain the CUSTOMER’s obligation. Prices quoted are firm for
<br />thirty (30) days following the quote unless otherwise provided on the Offer. Except for COD
<br />accounts that are due on delivery, payment is due forty-five (45) days from the date of the
<br />invoice which will be after the services has been received and accepted by the Customer. All
<br />payments will be made in US currency. Out of pocket expenses will be charged as pre-
<br />approved by client and incurred. Unless expressly provided to the contrary, items designated
<br />by OMIGA SOLUTIONS as estimates are estimates only and are not binding commitments.
<br />CUSTOMER will pay interest in the amount of one-half percent (.5%) per month, or the
<br />maximum allowed by law whichever is lower, on any outstanding balance owed.
<br />9.Confidential Information. Written and oral information designated as confidential by either
<br />party whether before or after the effective date of this Agreement shall be held in strict
<br />confidence and used only for purposes of this Agreement. Except as required by law, no
<br />confidential information, including the provisions of this Agreement, shall be disclosed without
<br />the prior written consent of the party designating the information as confidential. If either
<br />party is required to disclose any confidential information of the other party, the party so
<br />required shall notify the other party immediately. This section shall not apply to information,
<br />which is (i) in the public domain, (ii) already known to the recipient, (iii) developed
<br />independently or (iv) received from a third party without similar restriction and without breach
<br />of this or a similar agreement.
<br />10.Export. CUSTOMER acknowledges that it is responsible for complying with (and agrees to comply
<br />with) all applicable export and re-export control laws and regulations, including, without limitation,
<br />the Export Administration Regulations maintained by the United States Department of Commerce.
<br />Specifically, CUSTOMER covenants that it shall not -- directly or indirectly -- sell, export (including
<br />without limitation any deemed export as defined by applicable law), re-export, transfer, divert, or
<br />otherwise dispose of any Service deliverable to any country (or national thereof) subject to anti-
<br />terrorism controls, U.S. embargo, encryption technology controls, or any other person, entity (or
<br />utilize any such person or entity in connection with the activities listed above), or destination
<br />prohibited by the laws or regulations of the United States, without obtaining prior authorization
<br />from the competent government authorities as required by those laws and regulations. CUSTOMER
<br />certifies, represents and warrants that no Service shall be used for any military or defense purpose,
<br />including, without limitation, being used to design, develop, engineer, manufacture, produce,
<br />assemble, test, repair, maintain, modify, operate, demilitarize, destroy, process, or use military or
<br />defense articles.
<br />11.Notwithstanding any provision of IT services or designs by OMIGA SOLUTIONS, CUSTOMER
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