12 month agreement
This is a legal software-as-a-service (SAAS) AGREEMENT effective as of [[Month Day, Year]] (the Effective Date) between Quore Systems, LLC, a Tennessee limited liability company having a principal office at 2000 Meridian Blvd. Suite 200, Franklin TN 37067 (Quore), and [[Hotel Name]] a [[State]] company having a principal office at [[Hotel Address]], [[City]], [[State]] and [[Zip]] (Client), (collectively the Parties);
WHEREAS, Quore is in the business of designing, developing, installing and maintaining software products, and providing access to such products, for the hospitality industry;
WHEREAS, Quore has developed and is in possession of software and associated hardware devices that provide for and facilitate management, scheduling, communications, documentation and other services related to various aspects of hotel operations, including but not limited to: on-demand maintenance, preventative maintenance (PM), room management, pool/spa operations, inventory management, inspections, guest satisfaction logs, budget balance sheets, housekeeping tasks, employee performance metrics and/or additional related functions (the Software);
WHEREAS, the Software includes numerous features that constitute intellectual property owned by Quore and which are subject to protection under the laws of the United States and foreign countries where applicable, including but not limited to copyright, patent, design, trademark, trade dress and trade secret protection;
WHEREAS, Client desires to gain access to Quores software on a subscription basis for use at certain hotel properties owned and/or managed by Client listed in Exhibit A attached hereto;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
(i) Upon receipt of an electronic Support Ticket from Client identifying the Errors, and upon receipt of such additional information as Quore may reasonably request in order to analyze the Errors, Quore shall use its diligent commercial efforts and reasonable care to resolve the Errors, in accordance with generally accepted industry standards and practices.
(ii) Quore is not obligated to address Errors to the extent reasonably found by Quore, to be caused by (A) Client's negligence or intentional misconduct; (B) a modification to the Software, or the hardware on which the Software is installed, by Client; (C) improper or unauthorized use of the Software; (D) use of the Software in a manner for which it was not designed; or (E) causes external to the Software such as, but not limited to, power failure or electric power surges.
(iii) The obligation to address Errors provided in this Section 11.6 shall be in addition to and not in limitation of any other warranties hereunder.
EXCEPT AS PROVIDED IN THIS SECTION 11, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. QUORE DOES NOT WARRANT THAT THE SOFTWARE OR HARDWARE WILL MEET CLIENT'S REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE OR PROGRAMS SUPPLIED BY CLIENT OR ANY THIRD PARTY.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be entered into as of the Effective Date first set out above by themselves or their duly authorized representatives.
|No.||Hotel Name||Address||Start Date||End Date||Monthly Fee|
|1||[[HOTEL NAME]]||[[HOTEL ADDRESS]]||[[START DATE]]||[[END DATE]]||[[MONTHLY FEE]]|
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