1. Software Development

This Service Agreement (“Agreement”) shall apply and govern the Statement of Work(s), project, letter of intent or any other document executed between Persistent Systems Limited or any of its affiliates for the purpose of providing professional services (“Services”) for software development.

2. Personal Data

Personal information you provide on Request/Invoice/E-mail (such as an e-mail or mailing address) will be used only to fulfill the service you have requested, thinkervolt will not sell, rent, or otherwise disclose such information without your prior approval.

3. Intellectual Rights

Customer shall own all right, title and interest in and to the Project. The rights, title and interest in and to the Projects shall be granted to the Customer only upon receipt of full payment by the Consultant.

4. Warranties

Except as expressly stated in this Agreement, the parties disclaim all warranties of any kind, implied, statutory, or in any communication between them, including without limitation, the implied warranties of merchantability, non-infringement, title, and fitness for a particular purpose.

5. Limitation of Liability

The total liability of the parties under this Agreement (including negligence) shall not exceed the fees paid to Consultant hereunder. The parties disclaim any indirect, special, consequential or incidental damages or loss of revenue or business profits, however caused, even if advised of the possibility of such damages.

The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein.

6. Payments

Payment will be made by Customer within 15 days upon receipt of an invoice. Thinkervolt shall be relieved of its obligations under this Agreement in the event of non-payment of the Fees or expenses due and shall retain the rights in the Services for which the amount is outstanding. Contractor’s relationship with Company is that of an independent contractor, and nothing in this Agreement will be construed to create a joint partnership, joint venture, agency, or employer-employee relationship.