SOFTWARE SERVICES AGREEMENT This AGREEMENT is entered into by and between ELRestorer.com, (hereinafter "ELR") and service purchaser (hereinafter "PURCHASER"), whose for the purpose of providing software conversion services as set forth hereafter. 1. SOFTWARE CONVERSION: ELR agrees to convert PURCHASER'S software program(s) as supplied, presently in object code to original source code, in accordance with the terms and conditions set forth hereafter. 2. CONVERSION FEE: Full payment which represents payment for decompiling the number and type of objects requested shall be paid in outright before services provided, from PURCHASER's account, previously funded by one of the available ways. 3. PROPRIETARY RIGHTS IN THE SOFTWARE: ELR agrees and acknowledges that it obtains no rights to possession or ownership of the program(s) it is converting to source code. At the completion of conversion, ELR shall not maintain any copy of the PURCHASER'S program(s), in either source code or object code, other than that portion which may be necessary in order to successfully conclude the conversion process. 4. COVENANTS: PURCHASER covenants and warrants that it is a lawful holder of the program(s) to be converted, either by ownership or proper license. PURCHASER also covenants and warrants that it has full rights to obtain and possess a source code version of the program(s) to be converted. 5. INDEMNIFICATION: PURCHASER hereby agrees that it shall wholly indemnify and hold ELR harmless with regard to any claim made by any third party alleging that ELR infringed upon another's copyright or unlawfully made use of such third party's proprietary property as a result of the conversion of PURCHASER'S object to source code. PURCHASER shall fully defend, or at its option pay ELR'S attorney fees for defending any such claim, and shall fully and wholly reimburse ELR for any expenses connected with litigation as well as any damage, whether direct or indirect, consequential, special or punitive of any nature whatsoever. 6. LIMITED WARRANTY: This is an Agreement for services, not an agreement for goods. ELR grants a limited warranty to PURCHASER that if PURCHASER finds an error(s) in the conversion of the program(s) to source code, ELR shall correct such error(s) within twenty (20) days of receipt of notification of such error(s); provided PURCHASER notifies ELR in writing or electronic form within thirty (30) days of the date ELR sends to PURCHASER the source code version of such program(s); and/or provided, upon ELR'S request, PURCHASER sends to ELR any media and/or documentation containing proof of such error(s). EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, THERE ARE NO OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR PROMISES EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE SOFTWARE CONVERSION PROCESS, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ELR SHALL NOT BE LIABLE FOR DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE, OTHER THAN THAT ELR MAY BE LIABLE FOR UP TO THE AMOUNT PAID BY PURCHASER FOR THE CONVERSION SERVICES, IF A SUBSTANTIAL ERROR IN CONVERSION CANNOT BE SATISFACTORILY CORRECTED. 7. GENERAL TERMS: If any provision of this Agreement shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be impaired or affected thereby. 8. COMPLETE AGREEMENT: This Agreement is the complete and exclusive statement of the Agreement between the parties and supersedes all prior agreements, oral or written, and all communications, promises or discussions between the parties relating to the subject matter of this Agreement. |
ELRestore.com EasyLanguage Online Decompiler Guarantee:
The ELRestore.com guarantees that decompiled EasyLanguage (written
for Tradestation 2000i or Tradestation 6,7,8) programs
(supplied with all components required) will be recompilable without any necessary programmer induced changes.
We also guarantee that the recompiled programs will be functionally
identical to the original program.
If the user notices that a program recompiles with compile-time errors or the program is not functionally identical to the original program, and none of the conditions in the service agreement applies, ELRestore.com will fix our decompiler and redecompile all applicable programs at no charge for the customer. Typical turnaround times are two weeks. The guarantee is valid if it meets the requirements in the service agreement. |