Proof of Concept Terms of Service for Twenty57 [Linx]
This document sets forth the terms of the Proof of Concept Solution (“Solution”). The Solution provides the customer (“Customer”) with a custom Solution based on a Customer-furnished request (the “Request”). By requesting a Proof of Concept Solution, you agree to the below terms of conditions.
1. Eligibility and Prerequisites
Proof of Concept Solutions are available for free to selected Linx users. Twenty57 holds the right to refuse, edit or limit the Request requirements at any time.
2. Solution Features and Deliverables
The Solution will be defined via the Customer’s Request. Based on the Request, the Customer may need to provide detailed requirements including specific business and technical requirements. Once the Solution is completed, and unless agreed otherwise in writing, the Customer is solely responsible for configuring and operating all other 3rd party equipment and software needed in order for the Solution to work.
3. Change to the Solution
Once the Solution is deemed complete, changes to the Solution shall be made only pursuant to a written request and may be subject to a charge, which shall be at the sole discretion of Linx.
4. Intellectual Property
The Customer shall, to the extent permitted by law, on completion, be the sole and exclusive property of the Customer.
5. Limitation of Liability
THE SOLUTION IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES.
IN NO EVENT SHALL TWENTY57, NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR OTHER LIABILITY INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS OR REVENUE OR GOODWILL, OR INTERRUPTION OF BUSINESS IN ANY WAY, WHETHER IN A CLAIM, ACTION OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR RELATED USE BY THE COMPANY OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO THE COMPANY'S CUSTOMERS OR PARTNERS).
6. Governing law and jurisdiction
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of South Africa and the parties agree to submit to the jurisdiction of the courts of the Republic of South Africa to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
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