ANNUAL PREMIUM MAINTENANCE AGREEMENT
Indigo Byte Systems LLC ("INDIGO") offers extended annual support and maintenance services ("Maintenance") to its customers, under Indigo Byte Systems' Annual Premium Maintenance Agreement ("Maintenance Agreement"). The services provided and the policies under which the services are rendered are described in this document.
1. MAINTENANCE SERVICES
INDIGO provides maintenance services to Licensees of its Software ("Customer"), which is licensed under the INDIGO's Software End User License Agreement. This may be a Site Software License or Individual Software License, as applicable.
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 then 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.
Maintenance agreements for new software typically have a one year term (however multi-year agreements are available on most products), beginning on the date the software is shipped. The term of a maintenance renewal will be included on the renewal notice. INDIGO or your local reseller will endeavor to send a renewal notice prior to 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 then current Maintenance Fee when due. The Current and last version are the supported versions of a Product.
4. PREMIUM MAINTENANCE SERVICES
The Premium Maintenance Services shall include the following support:
4.1 High priority email support.
INDIGO will provide email support during INDIGO's normal business hours, from 8:00 a.m. through 10:00 p.m., Monday through Friday ("operational hours"), Central European Time (GMT +2), excluding holidays. Such support will include the opportunity to consult with a member of the INDIGO's technical support staff who will assist the Customer with the Software capabilities, functionality and characteristics and provide basic problem resolution assistance as required. This assistance does not cover training or consulting services. Contact email for Premium Maintenance is firstname.lastname@example.org
4.2 Guaranteed initial response time.
INDIGO guarantees the initial support request to be answered within 12 operational hours.
4.3 Unlimited number of requests.
Customers are eligible to contact INDIGO's technical support staff unlimited number of times.
4.4 Direct support from company's engineers.
All support requests submitted under this agreement are strictly handled and answered by INDIGO's qualified engineers and developers.
4.5 Remote access session. You may request for one remote access session via Remote Desktop Protocol or via similar technology to restore the Software's critical functionality in case the Software is not operable and the issue cannot be resolved via email communication.
4.6 Software Releases.
INDIGO will make available to Customer such point releases, updates, upgrades, Service Packs (minor patch releases resolving critical bugs) and/or enhancements to the Software which INDIGO makes generally available to its Maintenance Customers at no additional charge when available. As INDIGO makes available software releases, INDIGO reserves the right, at its sole discretion, to discontinue or modify the terms and conditions of support for non-current releases and versions.
4.7 Excluded Services.
Excluded from the coverage of this Agreement are services resulting from misuse or modification of the Software by Customer, failure or interruption of any electrical power, or any accident or other cause external to the Software, including, but not limited to problems or malfunctions related to Customer's network, database, third party software products, and/or computer configurations or Customer's hardware. Such excluded services, and additional consulting services such as training, setup and technical integration may be contracted separately at INDIGO's then current labor rates, subject to INDIGO's agreement.
4.8 Customer's Responsibilities.
Customer is responsible for (i) notifying INDIGO of all problems for which Customer requires assistance, and (ii) allowing, if necessary, access to the Software, and (iii) the assistance of a qualified Customer representative, so that INDIGO can perform Maintenance Services hereunder.
5. LIMITED WARRANTY
INDIGO 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.
6. LIMITATION OF LIABILITY
THE CUMULATIVE LIABILITY OF INDIGO TO CUSTOMER FOR ALL CLAIMS ARISING UNDER OR RELATED TO THIS SUPPORT AND MAINTENANCE CONTRACT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE MAINTENANCE FEES PAID TO INDIGO WITHIN THE PRIOR YEAR. IN NO EVENT WILL INDIGO 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.