Premium Maintenance Service Agreement:

 

ifelseWare, Inc will provide phone or email technical support 7 days a week from 8 am – 10 pm ET, excluding major holidays. The support includes the opportunity to consult with a member of the ifelseWare’s technical support staff, who will assist with any issues regarding the software’s capabilities, functionality or characteristics. Similarly, this covers basic problem resolution assistance as required. This package does not cover training or consulting services.

For the Premium Maintenance Package, ifelseWare, Inc guarantees the initial support request will be answered within 6 operational hours.

Customers are eligible to contact ifelseWare’s technical support staff an unlimited number of times.

All support requests submitted under the Premium Maintenance agreement are strictly handled and answered by ifelseWare’s qualified engineers and developers.

The Premium Maintenance package allows for one remote access session via the Remote Desktop Protocol or other similar technology. The remote access session is useful to restore the software’s critical functionality in case the software is not operable, and the issue cannot be resolved via email or phone communication.

ifelseWare, Inc will make available to the Premium Maintenance customer new point releases, updates, upgrades, Service Packs and/or enhancements for the software at no additional charge. ifelseWare, Inc reserves the right, at its sole discretion, to discontinue or modify the terms and conditions of support for non-current releases and versions as new software releases are made available.

A Premium service agreement can be obtained during the initial license purchase or anytime after the license is activated. The annual subscription cost is based on the number of licenses owned.

Fees:

At the time of writing, the cost for 12 months xPrompter Software Support is calculated as 25% of the single license purchase price. A 24 month plan can also be obtained at 45% of the single license purchase price. If multiple licenses were purchased for a single organization e.g. site license, the cost is still only based on a one license purchase.

Customers may subscribe to the maintenance agreement by paying the annual maintenance fee. The maintenance fee for each successive one-year term shall be due and payable no later than the last day of the current term. Customer may be required to pay an additional fee if maintenance services lapse and are subsequently resumed. Customers purchasing additional software or modules during the current term of their maintenance agreement may be required to pay additional maintenance fees for the additional software or modules.

The cost of major version upgrades is based on 35% of the current new price (the higher of the original purchase price or the current list price) for users one version behind, or 55% if two versions behind, or as specifically quoted in our price list. (From time to time special incentive discounts may be offered to customers who are up to date with their support contract and who renew their support agreement at the same time as purchasing an upgrade to the latest major version; please enquire with your reseller when you’re coming up for renewal.)

Term:

Maintenance agreements for new software typically have a one-year term beginning on the date the software is shipped. Multi-year agreements are available on most products as well. The term of a maintenance renewal will be included on the renewal notice. ifelseWare, or your local reseller, will endeavor to send a renewal notice prior to the expiration of your current maintenance agreement. Maintenance agreements will automatically terminate: (i) upon termination of the Software End User License Agreement (if applicable); and (ii) in the event that Customer fails to pay the current Maintenance Fee when due. The Current and last version are the supported versions of a Product.

LIMITED WARRANTY:

IFELSEWARE, INC. WARRANTS THAT THE MAINTENANCE SERVICES WILL BE PERFORMED IN A WORKMANLIKE MANNER IN ACCORDANCE WITH INDUSTRY STANDARDS. INDIGO MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUBJECT MATTER OF THIS SUPPORT AND MAINTENANCE CONTRACT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY OF ANY KIND RESPECTING ANY MAINTENANCE SERVICES PERFORMED HEREUNDER OR ANY MATERIALS FURNISHED HEREUNDER.

LIMITATION OF LIABILITY:

THE CUMULATIVE LIABILITY OF IFELSEWARE, INC.TO CUSTOMER FOR ALL CLAIMS ARISING UNDER OR RELATED TO THIS SUPPORT AND MAINTENANCE CONTRACT, WHETHER IN CONTRACT, 
OR OTHERWISE, SHALL NOT EXCEED THE MAINTENANCE FEES PAID TO INDIGO WITHIN THE PRIOR YEAR. IN NO EVENT WILL IFELSEWARE, INC. BE LIABLE TO CUSTOMER FOR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF INDIGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.