Maintenance Services Terms. Maintenance Services are governed by the terms found at xxxxx://xxx.xxx.xxxxxxxxxx.xxxxxxx.xxx/global/en/legal/online-terms/mes/index.html and are incorporated herein by reference.
Maintenance Services Terms. 5.1 The Company will provide Maintenance Services for the Software during the maintenance period specified in Schedule 3.
5.2 The Company’s obligation to provide Maintenance Services is dependant on the continued existence of the Licence to Use the Software and the obligation to provide Maintenance Service will cease upon termination of the Licence.
Maintenance Services Terms. (a) Company acknowledges that failure to pay its invoice for Maintenance Services within the required 30 day period will result in Maintenance Services expiring with respect to such Software and/or Equipment. If permitted by DHS, Company may reinstate Maintenance Services that have expired, provided that Company first pays all Maintenance Services fees that would have been due for the period following the expiration of the previous Maintenance Service period, and orders all Professional Services (at DHS’s then-current rates) necessary to implement the then-current version of the applicable Software.
(b) The annual Maintenance Services Term shall commence as described in the applicable Schedule and Order, and each subsequent annual Maintenance Services Service Term will commence on the anniversary thereof. Company must purchase the same Maintenance Service level for all Software licenses and Equipment units for a given DHS Product.
(c) Unless otherwise agreed, DHS shall not be obligated to provide Maintenance Services for, or required as result of, (i) any Software or Equipment modified by any party other than DHS, (ii) any Software or Equipment used for other than its intended purpose, (iii) any Software or Equipment used with equipment not specified as compatible in the Documentation,(iv) any Software or Equipment being used with software not supplied by DHS, unless specified as compatible in the Documentation, (v) any Software or Equipment (or any associated equipment, software or firmware) which Company failed to properly install or maintain, (vi) any willful misconduct or negligent action or omission of Company, (vii) any computer malfunction not attributable to the Software or Equipment, or (viii) damage to Software or Equipment from any external source, including computer viruses not attributable to DHS, computer hackers, or force majeure events.
Maintenance Services Terms. (a) Fiserv will provide the following maintenance services to Client:
(i) Telephone support for reasonable operator support will be provided at the Fiserv then standard Professional Service Fees.
(ii) On-site support, when requested by Client, will be provided at the Fiserv then standard Professional Service Fees.
(iii) Software program fixes to correct Software Non-conformities for the current and most recently superceded releases will be provided within a reasonable period of time upon notice by Client. Client agrees to provide Fiserv with reasonable assistance and information in connection therewith.
(iv) Software updates will be provided to Client. Upon Client request, Fiserv will install such updates at the Fiserv then standard Professional Service Fees.
(v) Training for updates may be offered to Client at the Fiserv standard Professional Service Fees. If such training is conducted at the Location or other Client site, Client agrees to reimburse Fiserv for its reasonable travel and out-of-pocket expenses.
(b) Fiserv may utilize remote diagnostic software and dial-up telephone lines in providing these services. Client shall cooperate and assist Fiserv to expedite resolution of all Non-conformities.
(c) Should the Fiserv review of a Non-conformity indicate that the Non-conformity is a software defect, Fiserv shall use commercially reasonable efforts to make corrections and will provide a plan, including dates, for correction of any such Non-conformity. In the event Fiserv is unable to correct a Non-conformity to the Client’s satisfaction and Client elects to discontinue use of the System as a direct result of the error only, Fiserv will refund the purchase price of the System minus [***] for each year Client has used the System.
(d) Should the Fiserv review of the Non-conformity indicate, in Fiserv’s reasonable opinion, that the reported problem is not a defect in the Software but is due to other problems including, but not limited to, input not in accordance with specifications, Client’s abuse or misuse of the Software System, or by a modification or addition to the Software System not performed by Fiserv, or by Client’s failure to properly maintain the Computer System or to install the required system software release as instructed by Fiserv, then.
(i) Client agrees to reimburse Fiserv for the related costs of work performed by Fiserv in investigating the problem at the Fiserv then standard Professional Service Fees, and
(ii) Fiserv, at Client’s reque...
Maintenance Services Terms. Maintenance Services are governed by the terms found at xxxxx://xxx.xxx.xxxxxxxxxx.xxxxxxx.xxx/global/en/legal/online-terms/mes/index.html which are incorporated herein by reference. SISW may modify such terms from time to time, provided that any modifications are effective only upon Customer’s next succeeding renewal of Maintenance Services whether standalone or as part of a rental or subscription, or when Customer otherwise accepts such modifications.
Maintenance Services Terms. 5.1 Fiserv provides the following as part of Basic Maintenance Services to Client:
(i) Telephone support 24 hours per day, 7 days per week for reporting of a Non-conformity that causes the Software to be inoperable.
(ii) Up to 10 hours per month for telephone support during normal business hours for reasonable operator support. Non-conformity support is not included within this limitation. For telephone support in excess of 10 hours per month or for support provided outside of normal business hours unrelated to a Non-conformity (`Extended Use'), Fiserv agrees to notify Client of such Extended Use. In such event, Fiserv and Client will decide on a mutually agreeable corrective action plan. Fiserv reserves the right to invoice Client and Client agrees to pay for Extended Use at Fiserv's then current Professional Service rates, in the event Client fails to successfully implement the corrective action evidenced by a cessation of such Extended Use.
(iii) Services to correct or resolve a Non-conformity, provided that such Non-conformity is capable of reconstruction and is due to a defect in the Software, are provided during Fiserv's normal business hours.
(iv) Fiserv may utilize remote diagnostic software and dial-up telephone lines made available by Client in providing these services. Client shall cooperate and assist Fiserv to expedite resolution of all Non-conformities.
(v) Software program fixes to correct Non-conformities for the current and last prior Software release made generally available to all Fiserv client's using the applicable Software will be provided within a reasonable period of time upon notice by Client. Client agrees to provide Fiserv with reasonable assistance and information in connection therewith.
Maintenance Services Terms. 4.1 StoneRiver, by itself or through its affiliate executing Exhibit C-1n, agrees to provide Client the following Basic Maintenance Services:
(a) Provide software releases to include Enhancements not separately licensed, Upgrades, and software fixes to correct Software Non-conformities. Client agrees to provide StoneRiver with reasonable assistance and information in connection therewith. Installation services provided by StoneRiver for releases are chargeable by StoneRiver at its then-current professional services rates.
(b) (b) Help Desk Support. Except as stated in Exhibit C-2, upon Client’s production use of the Software System, StoneRiver will provide up to 10 hours per month of reasonable help desk support during normal business hours. For help desk support over 10 hours or not during normal business hours, Client will be charged StoneRiver's then-current professional service rates. Client understands and agrees that no carryforward or credit will be applicable for any help desk support hours not utilized by Client in any given month. (c) (c) Additional Basic Maintenance Services. The additional terms for Basic Maintenance Services in Exhibit C-2 apply to the parties.
4.2 The Maintenance Fee and Maintenance Fee adjustment terms are specified on each Exhibit C-1n. Unless specified otherwise in Exhibit C-1n, Maintenance Fees are subject to annual increase on each anniversary date of this Exhibit upon 30 days written notice in the form of StoneRiver’s renewal invoice to Client and shall also be subject to increase following delivery of new release(s) or changes in the limitations or specifications described in Exhibit C-1n. Although failure to pay the maintenance fee is not a cause for termination of the license, StoneRiver is not obligated to provide any maintenance services unless Client’s payments for Maintenance Fees are current.
4.3 Client agrees to train its current and future employees on the technical and user operations of the Software at Client’s sole cost. Upon Client’s request and the signing of a mutually agreed Work Order, StoneRiver may provide such training.
Maintenance Services Terms. ImageSoft will provide the following Basic Maintenance Services to Client:
Maintenance Services Terms. The terms of this Section 5 apply unless otherwise set forth in a Schedule and in the event of any inconsistencies, the terms and conditions in such Schedule shall apply.
Maintenance Services Terms. 4.3.1 Company acknowledges that failure to pay its invoice for Maintenance Services within the required 30 day period will result in Maintenance Services expiring with respect to such Software and/or Equipment. If permitted by Nuance, Company may reinstate Maintenance Services that have expired, provided that Company first pays all Maintenance Services fees that would have been due for the period following the expiration of the previous Maintenance Service period, and orders all Professional Services (at Nuance’s then- current rates) necessary to implement the then-current version of the applicable Software.
4.3.2 The annual Maintenance Services Term shall commence as described in the applicable Schedule and Order, and each subsequent annual Maintenance Services Service Term will commence on the anniversary thereof. Company must purchase the same Maintenance Service level for all Software licenses and Equipment units for a given Nuance Product.
4.3.3 Unless otherwise agreed, Nuance shall not be obligated to provide Maintenance Services for, or required as result of, (i) any Software or Equipment modified by any party other than Nuance, (ii) any Software or Equipment used for other than its intended purpose,
