SPRINTER Agile Scrum Project Management

In these terms and conditions, the packaged app shall be known as the "Application"; the individual or company that uses this Application shall be known as the "Buyer"; the company that developed this Application, Smith Mackie LLC, shall be known as the "Service Provider". To install and/or use this Application, the Buyer must agree to the terms and conditions established here.####1.1 No Special Damages##Neither party shall be liable for any damages for loss of profits, loss of revenues, loss of goodwill, loss of anticipated savings, loss of data or cost of purchasing replacement services, or any indirect, incidental, special, consequential, exemplary or punitive damages arising out of the Application performance or failure to perform.######1.2 Disclaimer of Warranties##SERVICE PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR USE, OR WARRANTY OF WORKMANLIKE QUALITY, EXCEPT FOR THOSE EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS.######1.3 Indemnification##Each party shall indemnify the other from any claims by third parties and expenses (including legal fees and court costs) respecting damage to tangible and intangible property, personal injury or death caused by such party’s negligence or willful misconduct arising in connection with this Application.######1.4 Intellectual Property##Buyer agrees that any software applications, computer programs, documentation, media, copyrightable work, inventions, or improvements developed by Service Provider are the sole property of the Service Provider. The Buyer may be a user of this Application, but all Intellectual Property related to the Application itself is the sole property of the Service Provider.####These terms and conditions are the final, complete and exclusive agreement of the parties with respect to the subject matters hereof and supersedes and merges all prior discussions between the parties with respect to such subject matters. No modification of or amendment to these terms and conditions, or any waiver of any rights under this agreement, will be effective unless in writing and signed by Service Provider and Buyer.####By consenting to these terms and conditions, the Buyer hereby serves as a representative of their individual or company to agree to adhere to these terms and conditions with the intention of becoming legally bound.