Work Agreement
(rev 5-1-03)
Dear HAL Systems Customer,
Please be sure you have read
and understand this entire document.
Unless otherwise stated in
writing, it is the customer's responsibility to back up the data on the systems
to be worked on, and to provide adequate security for your system. This backup should be on a
removable device. The customer should understand that even though data may be
backed up, there is no guarantee that data can be retrieved and that removable
media, while usually reliable, only provides an added security against data
loss. HAL SYSTEMS WILL NOT BE RESPONSIBLE FOR LOSS OF OR
DAMAGE TO DATA OR LOSS OF USE OF ANY OF YOUR COMPUTERS OR NETWORK SYSTEMS.
You represent and warrant to
HAL Systems that you have obtained permission for both you and HAL Systems to
access and use your system, the data on it, and all hardware and software
components included in it, for the purpose of providing the requested services
from HAL Systems. If you do not already have that permission, it is your
responsibility to obtain it, at your expense, before you ask HAL Systems to
perform the requested services.
DISCLAIMER OF ALL WARRANTIES. HAL
SYSTEMS MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF
ANY HARDWARE OR SOFTWARE USED IN CONDUCTING SERVICES, OR ANY EXPRESS OR IMPLIED
WARRANTIES CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES OR THE
RESULTS OF ANY RECOMMENDATION HAL SYSTEMS MAY MAKE, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES CONCERNING THE PERFORMANCE, MERCHANTABILITY,
SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE
DELIVERABLES OR OF ANY SYSTEM THAT MAY RESULT FROM THE IMPLEMENTATION OF ANY
RECOMMENDATION HAL SYSTEMS MAY PROVIDE. NOTHING IN THIS AGREEMENT OR ANY OTHER
WRITTEN DOCUMENTATION OR ANY ORAL COMMUNICATIONS WITH CUSTOMER MAY ALTER THE
TERMS AND CONDITIONS OF THIS PARAGRAPH.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES
WILL HAL SYSTEMS OR ITS SUBCONTRACTORS BE LIABLE FOR ANY OF THE FOLLOWING; 1)
THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES; 2) SPECIAL, PUNITIVE, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO
PRODUCTS OR SYSTEMS BEING UNAVAILABLE FOR USE, LOST PROFITS OR SAVINGS OR LOST
OR CORRUPTED DATA OR SOFTWARE, OR FOR ANY DAMAGES FOR PERSONAL INJURY, OR
DEATH, WHETHER DIRECT, INDIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT OR THE SERVICES, OR ARISING OUT OF THE RESULTS OR OPERATION
OF ANY SYSTEM RESULTING FROM IMPLEMENTATION OF ANY RECOMMENDED PLAN OR
DESIGN, EVEN IF HAL SYSTEMS OR ITS
SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBLITY OF THE DAMAGE, AND EVEN IF
YOU ASSERT OR ESTABLISH A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
PROVIDED IN THIS AGREEMENT. UNDER NO
CIRCUMSTANCES WILL HAL SYSTEMS BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE
FEES ACTUALLY RECEIVED BY HAL SYSTEMS FOR THE SERVICES FOR WHICH THE CUSTOMER
SUBMITS TO HAL SYSTEMS A CLAIM OF LIABILITY.
THIS LIMITATION OF LIABILITY APPLIES TO ALL TYPES OF LEGAL THEORIES,
INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), PROFESSIONAL LIABILITY,
PRODUCT LIABILITY, WARRANTY, OR ANYTHING ELSE.
THIS LIMIT ALSO APPLIES TO ANY HAL SYSTEMS SUBCONTRACTOR. IT IS THE MAXIMUM AMOUNT FOR WHICH HAL
SYSTEMS AND ITS SUBCONTRACTORS ARE RESPONSIBLE.
IN
WITNESS WHEREOF, the parties have caused this Agreement to be executed and do
each hereby warrant and represent that their respective signatory whose
signature appears below has been and is on the date of this Agreement duly
authorized by all necessary and appropriate corporate action to execute this
Agreement.
Customer
By : _______________________
Name : _____________________
Title : ______________________
Date : ______________________