Laserfiche WebLink
<br /> 5 Cartegraph_MPA 04-2013 <br />5. Support. <br />A. Scope of Support. Support includes the response to and resolution of Customer-encountered problems with the <br />Software as reported to Cartegraph by Customer. <br />1. Resolution of Customer-encountered problems shall, at Cartegraph’s option, consist of (1) maintenance provided <br />through telephone, email or remote access; (2) correction of the problem in the Software program; or (3) delivery <br />of bug fixes or workarounds limited to the current or immediate prior Software release. <br />2. Cartegraph will only support licensed Software located on Servers or Clients. Cartegraph will use commercially <br />reasonable efforts to respond to Customer problems according to the priority level of t he problem. <br />3. Support may also include upgrades to Software. <br />B. Support Limitations. Any Support is dependent upon the use by Customer of unmodified Software (except as <br />authorized by Cartegraph) operated in accordance with Cartegraph’s documentation. Support specifically excludes <br />the following: (1) Support to a version of Software other than the current or immediate prior release; (2) efforts to <br />restore a release of the Software beyond the current or immediate prior release; (3) efforts to restore a Customer <br />Data File beyond the most recent back-up; and (4) efforts to convert a Customer Data File to another format. <br />As part of Support, Cartegraph is under no obligation to modify the Software so that the modified Software would depart <br />from Cartegraph’s published specifications for the Software. <br />6. Professional Services. <br />A. The professional consulting services and deliverables to be performed or delivered by Cartegraph under this <br />Agreement may include, but are not limited to: consulting, network engineering, systems integration, hardware <br />installation, special studies, pre-installation support, installation of Client Software, installation support, training, <br />custom Software modification, tools/utilities components, programming and documentation, data conversion, <br />application design and development, systems analysis and design, conversions, implementing planning and <br />implementation of the Software (collectively referred to as the “Services”). <br />B. Services shall only be provided as the result of a Purchase Agreement and any attached statements of work. <br />C. Services will be provided during the hours of 7:00 a.m. to 7:00 p.m., Central Standard or Central Daylight Time, <br />whichever is applicable, Monday through Friday excluding holidays. <br />7. Customer’s Responsibilities. <br />A. Customer is responsible for maintenance and installation of any Clients, common carrier equipment or <br />communication equipment related to the operation of the Software and not furnished by Cartegraph. Before Customer <br />introduces equipment not within Cartegraph’s published specification, Cartegraph must approve the additional <br />equipment. <br />B. Customer is responsible for charges incurred for communication facilities at Customer’s facilities, whether incurred by <br />Customer or by Cartegraph Support representatives while performing Support on the Software. <br />C. Customer is responsible for performing Software back-ups in accordance with published documentation. <br />D. Customer shall notify Cartegraph of any problem and shall allow Cartegraph reasonable access to the Software for <br />performing Support, Services or Hosting. <br />E. Customer shall furnish Cartegraph, at Customer’s expense, all technical data and information as may be necessary <br />to furnish Support, Services or Hosting. <br />F. Customer shall grant Cartegraph access to Servers and Clients as may be necessary for the adequate delivery of the <br />Support, Services or Hosting. <br />8. Software Modification. Cartegraph and Third Party Licensors will not be responsible to Customer for loss of use of the <br />Software or data or for any other liabilities arising from alterations, additions, adjustments or repairs which are made to t he <br />Software by Customer or third parties. Cartegraph reserves the right to terminate the Software license, Support, Services <br />or Hosting under this Agreement upon written notice to Customer if any such alteration, addition, adjustment or repair <br />adversely affects Cartegraph’s ability to render Support, Services or Hosting. <br />9. Term. <br />A. Unless terminated by Cartegraph in accordance with this Agreement, the term of the Software license, Support and <br />Hosting shall begin upon the execution of a Purchase Agreement and shall continue for the period of time identified in <br />that Purchase Agreement. <br />B. Support for any subsequently added components or upgrades shall be either coterminous with the term of Support <br />applicable to the Software initially covered or as otherwise agreed and stated in the Purchase Agreement. <br />C. If Customer elects to purchase Services, then Services shall terminate as agreed in the appropriate Purchase <br />Agreement.