Agreement for App Assembly and Deployment
 

By undertaking this Agreement, the “Client” chooses to engage Precision Disc Manufacturing Corp. (herein referred to as “Precision Disc”) for the assembly and deployment of the templated iPhone and iPad Artist App (herein referred to as the “App”) as provided by Precision Disc, and acknowledges and agrees to the following:

App Features/Functionality

The App is offered as-is. App features/functionality is pre-determined and provided in a templated form to be populated with the Client's supplied content and information. While updates and additions to App features/functionality may be made across the entire platform from time-to-time, it will be at the sole discretion of Precision Disc. Individual Client requests for the addition of new features/functionality or the customization of existing features/functionality are not included in this Agreement.

Apple Developer Account

The App is a stand-alone product/service. For the Client's App to be made functional and available in the Apple Store an 'Apple Developer Account' is required by Apple. The Developer Account is a relationship directly between the Client and Apple, and does not involve Precision Disc. It is the Client's responsibility to create, pay for and maintain the Developer Account, and Precision Disc is in no way responsible for the lack of functionality or availability of the App should the Client's Developer Account expire or not be in-good-standing with Apple for any reason.

It is the exclusive right of Apple to approve or reject the Client's App for inclusion in the Apple Store based on the content of the Client's App. Precision Disc has no input in, and is not responsible for, the actions of Apple as it pertains to the Client's App or the Client's Developer Account.

Supply Of Content

The Client is solely responsible for the creation and supply of all content that is to be displayed, played or communicated by or from the App.

Intellectual Property

The Customer grants Precision Disc non-exclusive license to assemble and deploy the App from the content and information provided by the Client, and to use said content and information for that purpose. The Client represents and warrants the Intellectual Property Rights for all supplied information and content (including, but not limited to Text, Graphics/Images, Photographs, Audio/Music) for the App are owned or licensed by Client, and that the Client is authorized to use and display all supplied information and content in the manner contemplated by this Agreement.

If the Client is not be the Intellectual Property Rights holder for all supplied content and information, valid proof of licensing must be supplied to Precision Disc. Inability or failure to provide valid proof of licensing for un-owned content and information will then exclude the un-owned content and information from being included in the App.

The Client shall be solely responsible for the validity of copyrights, trademarks and ownership claimed by Client, and the Client agrees to indemnify and hold Precision Disc harmless from and against any claim, loss, damage, expense or liability (including lawyer's fees and costs) that may result in whole or in part, from: (A) any infringement or any claim of infringement, of any trademark, copyright, trade secret, or negligence arising from any of the text, graphics, and photographs and music provided by Client, (B) any claim by a third party regarding any services or products sold or otherwise distributed by Client, its employees or agents, or (C) any claim, suit, penalty, tax or tariff arising from Client's use of the internet or electronic commerce.

Payment

All prices are in Canadian currency, and payment must be received in full in advance of any work taking place unless other arrangements have been approved by Precision Disc in advance and in writing. Payment can be made via Cash, Debit Card, Money Order, Cashier's Cheque, Company Cheque, Visa, Mastercard, or American Express.

Promotional Use

Precision Disc is permitted to display the Client's App complete with its contents and information in order to promote the App product/service to potential new clients.

Force Majeure

Neither party shall be liable for its failure to perform hereunder due to any contingency beyond its reasonable control, including, without limitation, delays by subcontractors or suppliers.

No Modification

The terms and conditions of this Agreement may not be modified orally; no waiver, amendment or modification shall be binding or effective unless in writing and signed by the party to be bound. 
 


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© 2012 Precision Disc Manufacturing Corp.

Factory-direct CD manufacturing, CD replication, DVD manufacturing, DVD replication. Full service CD duplication, DVD duplication. Environmentally-friendly print and packaging including CD digipak, DVD digipak,
CD sleeves, DVD sleeves, CD jackets, DVD jackets. Serving clientele throughout Canada, including British Columbia (BC), Alberta (AB), Saskatchewan (SK), Manitoba (MB) and beyond.
Serving clientele throughout the U.S., including  Washington State (WA), Oregon (OR), California (CA), Idaho (ID), Montana (MT) and beyond.

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