(1) TRAINED AND/OR CERTIFIED EMPLOYEE TO PROVIDE
SUPPORT SERVICES FOR THE M3 SOFTWARE,
i)
At a minimum two (2) trained and/or Certified employees to
provide implementation and consulting services in relation to the M3 Software,
and
ii)
At a minimum one (1) trained and/or Certified employee to
provide installation services in relation to the M3 Software,
NOTHING STATED HEREIN SHALL RESTRICT RESELLER EMPLOYEES FROM BEING TRAINED AND
CERTIFIED IN MORE THEN ONE OF THE AREAS SET FORTH ABOVE. SHOULD RESELLER FAIL TO
MEET THE REQUIREMENTS OF THIS SECTION 9.2, RESELLER SHALL BE IN MATERIAL BREACH
OF THIS AGREEMENT.
9.3.
THE RESELLER IS ONLY ENTITLED TO PROVIDE SERVICES FOR THE LAWSON
SOFTWARE WITHIN THE SCOPE OF THE LAWSON CERTIFICATION(S) HELD BY ITS INDIVIDUAL
EMPLOYEES. THE PARTIES SHALL AGREE UPON WITHIN WHICH FIELDS OF COMPETENCE THE
RESELLER, FROM TIME TO TIME, SHALL BE ENTITLED TO CERTIFY PERSONNEL. ANY AND ALL
SERVICES FOR THE LAWSON SOFTWARE UNDER THIS AGREEMENT MUST BE PERFORMED
EXCLUSIVELY BY SUCH EMPLOYEE(S) OF THE RESELLER, OR EMPLOYEE(S) OF A LAWSON
PARTNER, WHOSE EMPLOYEES HOLD A VALID LAWSON CERTIFICATION TO PERFORM SUCH
SERVICES.
9.4.
RESELLER MAY CREATE MODIFICATIONS OR ENHANCEMENTS TO THE LAWSON
SOFTWARE SO LONG AS SUCH MODIFICATIONS OR ENHANCEMENTS ARE CREATED BY A LAWSON
CERTIFIED INDIVIDUAL AND ARE MADE IN ACCORDANCE WITH THE SUPPLIER'S PROGRAMMING
STANDARDS FOR THE LAWSON SOFTWARE, AND THE SOURCE CODE AND OBJECT CODE FOR ANY
SUCH CHANGES TO THE LAWSON SOFTWARE SHALL BE STORED IN THE CUSTOMER'S
ENVIRONMENT TOGETHER WITH ANY RELATED DOCUMENTATION. A COPY OF THE SOURCE CODE
AND OBJECT CODE FOR SUCH CHANGES TO THE LAWSON SOFTWARE SHALL BE KEPT IN SAFE
CUSTODY BY THE CUSTOMER AND PROVIDED TO SUPPLIER.
10.
PAYMENT CONDITIONS
10.1.
THE SUPPLIER WILL, ON AN ANNUAL BASIS, PROVIDE RESELLER WITH
THE THEN CURRENT PRICE CONFIGURATOR INCLUDING THE INTERNATIONAL BASE PRICE (IBP)
WHICH WILL SET FORTH THE SUPPLIER'S LIST PRICE FOR LICENSES AND MAINTENANCE.
RESELLER MAY NOT SELL MAINTENANCE FOR LESS THEN THE PRICE AS SET FORTH IN THE
PRICE CONFIGURATOR UNLESS OTHERWISE AGREED TO BY THE SUPPLIER.
10.2.
THE SUPPLIER RESERVES THE RIGHT TO REVISE THE PRICE
CONFIGURATOR / IBP AT ANY TIME BY GIVING THIRTY (30) DAYS WRITTEN NOTICE TO THE
RESELLER. SUCH REVISED PRICES SHALL BE EFFECTIVE ON THE DATE SPECIFIED IN THE
NOTICE AND SHALL APPLY TO ALL ORDERS RECEIVED THEREAFTER. ALL ORDERS RECEIVED
PRIOR TO SAID EFFECTIVE DATE SHALL BE SHIPPED AT PRICES IN EFFECT AT THE TIME OF
RECEIPT OF SUCH ORDER, PROVIDED THAT THE SHIPMENT FOR SUCH IS WITHIN THIRTY (30)
CALENDAR DAYS FROM THE DATE OF THE SIGNED CUSTOMER AGREEMENT.
7
10.3.
THE RESELLER WILL CHARGE THE CUSTOMER DIRECTLY FOR LICENSE AND
MAINTENANCE FEES AND WILL EFFECT PAYMENT TO THE SUPPLIER AS SPECIFIED UNDER
APPENDIX 8 RELATING TO PRICING TERMS.
10.3.1
ALL PAYMENTS UNDER THIS AGREEMENT SHALL BE MADE TO THE SUPPLIER IN
US DOLLARS (USD), IF NOT OTHERWISE AGREED UPON BETWEEN THE PARTIES.
10.3.2.
For invoicing purposes all fees under this Agreement are to be
invoiced by Lawson Software