CD SOLUTIONS, INC. AND _________________________
100 W. MONUMENT _________________________
P.O. BOX 536 _________________________
PLEASANT HILL, OH 45359 _________________________
(client)
I. LIMITATION OF LIABILITY
___________________________, hereinafter referred to
as "Client", hereby agrees that any claim
against CD Solutions, Inc. whether concerning
non-delivery of the CD-ROMs, or concerning defects in
the CD-ROMs whether or not based on negligence, shall
not be greater than the purchase price of CD-ROMs.
Client agrees that CD solutions Inc. shall not be liable
for any other damages including special, indirect or
consequential damages, and the remedies herein provided
shall be the sole and inclusive remedies of Client.
Client agrees to be responsible for any loss or
damage to Client's master tape or other materials which
contain the data to be copied by CD Solutions, Inc.
while in transport to or from CD Solutions, Inc.'s shop.
In the event the master tape or other Materials which
contain such data is lost, damaged, or destroyed while
in the actual possession of CD solutions, Inc., CD
Solutions, Inc. shall only be obligated to replace
Client's master tape or other material with an
equivalent number of blank tape(s) or equivalent
materials.
II. RIGHTS TO THE DATA TO BE COPIED, COPYRIGHTS AND
TRADEMARKS.
Client hereby declares, warrants and guarantees
that:
- All payments and royalties due to persons with
rights in the data have been paid by client.
- That all of the required authorizations to
reproduce the data to be copied have been obtained
in respect of copyrights, trademarks, and any other
intellectual property rights.
- That the requested reproduction of the data to be
copied will not violate the rights' of any other
entity or person.
Client further agrees to indemnify and hold harmless
CD Solutions, Inc. from any and all liability, claims,
demands, actions causes of actions and suits that may
arise as a result of the reproduction of the data to be
copied, or as a result of any breach of the
representations and warranties made by the client in
this agreement Such indemnity shall include, but not be
limited to, all damages, judgments, taxable costs and
disbursements. Client further agrees to pay CD
Solutions, Inc. all reasonable legal fees and expenses
associated with the defense of any liability, either
alleged or proven, as described herein.
DATE:_________________________
CLIENT:_______________________
Copyright © CD Solutions, Inc., All Rights Reserved.
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