This Software Maintenance & Technical Support Agreement ("Agreement") for EView Technology software is entered into between EView Technology (Company), and (Customer) for the services and number of authorized users as for the Annual Maintenance and Support renewal of the previously purchased software license(s).
"Documentation"means the manuals, user guides, and other materials provided by Company to assist Customer in using the Products.
"Fix(es)"means a Workaround and/or additional or replacement lines of Software code provided by Company to remedy a defect in the Materials that caused it to not operate substantially in accordance with its written specifications.
"Materials"means the Software and Documentation licensed to Customer under this Agreement.
"Maintenance"means Services relating to any Updates that may become available by Company during the Term of this Agreement if such service has been elected by Customer and evidenced in a corresponding order form.
"Problem"means hardware that does not operate in accordance with its written specifications; Software that does not operate substantially in accordance with its written specifications; or Documentation that is not correct.
"Product"means the proprietary computer software program identified above. "Product" is the following, including the original and all whole or partial copies: 1) machine-readable instructions and data, 2) components, 3) audio-visual content (such as images, text, recordings, or pictures), 4) related software materials, and 5) software use documents or keys, and documentation.
"Services"or "Maintenance & Technical Support Services"means the maintenance and support to be provided pursuant to the terms of this Agreement repairing or replacing Product that does not operate in accordance with its written specifications.
"Software"means computer programs in machine-readable for use on designated CPU(s), commercially known as EView/390z and/or EView/400i. Software does not include any version of Source Code and any operating system software installed on the CPU.
"Source Code"means a high level program in that is not machine-readable.
"System Administrator"means your employee or agent with sufficient training and experience to identify and isolate Problems and to provide sufficient information and assistance to Company to be able to reproduce such Problems. The System Administrator or his/her delegate shall be the single point of contact with Company when reporting Problems. Company may require Customer to appoint a new System Administrator if Company reasonably determines that the System Administrator does not possess the training or experience necessary to perform the required functions of the System Administrator or cannot communicate effectively with Company’s support personnel.
"Technical Support"means access to telephone and/or Web-based support for the purpose of providing second line assistance to your System Administrator with the standard business use of the Product as well as any Problems, Fixes, or Workarounds.
"Updates"means subsequent releases of Company Software which are generally made available for supported Software at no additional charge, other than media and handling charges (if any), to correct design faults, discrepancies or defects ("bugs") in the Product. Updates are generally designated by a change in the number appearing to the right of the initial decimal point in the Product’s version number (i.e., 1.1 vs. 1.0).
"Workaround"means a temporary solution to a Problem.
- TERM AND TERMINATION
Standard Terms are for One (1) year from date of purchase of the Maintenance and Support Agreement, as specified in the purchase and/or renewal documentation. Companywill provide Maintenance and Support services to Customer for product(s) to ensure that the Software will perform substantially in conformance with the applicable Company published Product specifications in effect at the time of installation.
- Note: Customer can opt for a longer term support term.
Company will make a best effort attempt to either supply a temporary fix or make an emergency bypass to the problem if the Software yields incorrect results and if Company diagnoses the problem as a defect in a current, unaltered release of the Software.
Company will provide modifications to the Software to accommodate any new operating environment release within the supported environment as defined in the applicable Product Specifications, provided the hardware instruction set and/or operating environment remain upward compatible, and further provided Company has available to it all the necessary information regarding the operating environment release, and Company has installed and operated said modifications for its own use or for use of any customer of Company at the time Customer requests, in writing, said modifications. Such modifications shall be provided to Customer at no cost when the Software update incorporating such modifications is released for general distribution.
Except as expressly permitted under this Agreement, Customer may not reproduce, distribute or apply any material or information provided as Maintenance for a given copy of the Software hereunder to any other copy or copies of the same Software installed at the same or different location(s), unless such copy or copies are then currently under initial or extended Maintenance.
- SOFTWARE MAINTENANCE AND TECHNICAL SUPPORT
Provided you have elected maintenance service and paid the applicable fees, whenever Company makes Updates generally available to its users who have purchased Services, Company will grant you a copy of the new release containing the Updates. Your use of all such Updates is subject to this Agreement.
When Company provides a new version of this Product, there will be no additional charge during this maintenance period, and the old version of the Product will be scheduled for withdrawal after 12 months. When withdrawn, no maintenance will be provided. Company will support Customer on an hourly basis with a best effort. Maintenance and Support agreements will not be renewed for the old version beyond the withdrawal date.
Notwithstanding the foregoing, however, Customer understands and agrees that it is the Customer’s obligation to install all fixes, problem solutions, modifications and other changes to the Software provided by Company hereunder within a reasonable time from date of receipt of same.
Support services will be available only if the Software is unmodified and executed in the environment for which it was purchased/intended, as defined by Company’s then current Product specifications.
If it is determined that the Customer is not in compliance with terms set forth in the previous paragraphs, the Customer may request and Company may provide Maintenance or Technical Support Services at the service rate agreed to between the parties.
Standard Support Hours:
Provided Customer has paid the applicable fees and subject to the level of support chosen, during its normal business hours of 8:00 a.m. to 6:00 p.m., Eastern Standard Time, Monday through Friday (except Company holidays, traditionally includes: New Year’s Day, Good Friday, Memorial Day (US), Independence Day (US), Labor Day (US), Thanksgiving (US), Christmas Eve, and Christmas) Company will make a member of its technical support staff available by telephone to your System Administrator to assist you in the standard business use of the Product.
Customer should call EView Technology Direct at +1.919.878.5199 for transfer to our support team or use our standard electronic support email@example.com. After hours support escalation is escalated to the support manager(s) on call.
All calls are logged and tracked in our customer support database and customers have direct access to Company’s online support at: http://www.eview-tech.com/helpdesk/.
Customer shall designate a Systems Administrator(s) who will act as the Company’s principal representative with respect to all maintenance and support matters. Customer will also provide the necessary system information required.
Customer’s System Administrator will be responsible for the daily maintenance of the Product per the Documentation, and will provide the first line technical support of the Software.
COMPANY’S LAPSED SUPPORT AND RETURN TO SERVICE POLICY
If Customer allows Product maintenance and support to lapse, Company shall charge Customer all past support fees to resume support. Company may further require Customer to perform certain or software upgrades. Customer may re-enroll only upon payment of the following fees: (i) the annual support fee for the renewal term, and (ii) one hundred percent (100%) of all annual support fees that would have been paid had Customer not terminated support services.
For more details on the support terms, please contact firstname.lastname@example.org .