AR 081506 business licensing software

Browse Search

SOFTWARE MAINTENANCE AGREEMENT services, Licensor shall inform Licensee that the free training support is over and that any additional training will be billable. Licensor reserves the right to limit the number and the duration of these communications. (c) Nothing contained in this Agreement shall be construed to obligate Licensor to provide any services whatsoever subsequent to the expiration of this Agreement or any subsequent renewals of this Agreement. Upon expiration of this Agreement, Licensee may purchase continued 'Software Support' services on an annual basis. The price(s) specified in section V is (are) the current price(s) for `Software Support' services. Licensor reserves the right to change the annual software support fee at any time. Licensor agrees to provide at least 30 days prior written notification prior to implementation of any fee change. Any fee change shall not be effective until the first day of any annual extension. V. SUPPORT FEES AND PAYMENTS Payment for 'Software Support' services is due in advance. 'Software Support' services will not be provided until such advance Pavment has been received. Licensed Software Annual Support Fee Prorated Fee LicenseTrackTM — 4 User License $4,000 VI. GENERAL PROVISIONS (a) The Licensed software is subject to design and operational changes to allow for the use of new technologies and to correct known bugs as they are brought to the attention of the Licensor, either by the Licensor's own quality - control mechanisms or by the Licensee. (b) Licensee acknowledges that the Licensed software is of such complexity that it may have inherent defects and agrees that as Licensor's sole liability for such inherent defects and as Licensee's sole remedy for such inherent defects, Licensor will provide, during the term of this Agreement, all reasonable maintenance services to correct documented programming or documentation errors reported by Licensee which Licensor's diagnosis indicates are caused by a defect in an unaltered version of the delivered Licensed software. (c) Licensee acknowledges that annual software maintenance is designed to ensure quality support for all users of both Licensed software and forms designed, created and/or maintained by Licensor as part of the released software. Licensor utilizes Seagate's Crystal Report Writer T11 to create most reports and forms. To ensure maximum flexibility, customers are provided with the option to design, create and maintain additional forms, mailings, and/or reports. Licensor's annual software maintenance does not include the provision of technical support for user written customized Crystal ReportsT1'. However, Licensor is pleased to offer support on a cost per incident basis. (d) All documentation, programming and/or modifications shall be delivered via remote telecommunications from Licensor's place of business, to or through the Licensee's computer. Licensor shall not provide Licensee with possession of any tangible personal property such as storage media. Licensee shall reimburse Licensor for any state and or local requirements, which Licensor must meet or obtain to provide services under this Agreement (e.g. business licenses, additional insured statements, sales tax, etc.). (e) This Agreement and any written modifications, amendments or addenda, executed pursuant to this Agreement constitute the entire agreement between the parties and supersede all negotiations and other proposals, oral or written, and all previous and current negotiations and other communications between the parties. The obligations set forth in this Agreement shall be construed in accordance with and governed by the laws of the State of California. This Agreement may be signed in several counterparts, each of which shall be deemed an original. (f) Any controversy or claim arising out of or relating to this Agreement or the breach thereof, may be settled by arbitration, if agreeable to both parties in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. (g) Any change or revision to the terms and conditions hereof shall be made by written amendment and shall be executed by persons authorized to do so by the respective parties. No changes in specifications, requested or suggested by either party, shall be made except by written agreement of both parties. AGSOFTMT(2.5) Page 3