This agreement contains the Premium Support policies of Perpetuum Software LLC and Premium Support acceptance
procedures. This document contains the terms and conditions of the Premium Support offered by Perpetuum Software LLC
to its customers (collectively “Customers”, individually “Customer”). These terms and conditions must be accepted in
order to obtain Premium Support from Perpetuum Software LLC.
1 General
1.1 Error Correction. Perpetuum Software LLC shall be responsible for using all reasonable diligence to
correct verifiable and reproducible errors when reported to Perpetuum Software LLC, in accordance with its standard
reporting procedures. The Error Correction, when completed, may be provided in the nearest product update.
1.2 Answers to Questions. Perpetuum Software LLC shall provide answers to reasonable and specific questions
about the installation, setup, configuration, and use of Perpetuum Software LLC products. The answer, when provided,
may be provided in the form of a reference to sources of information where the answer can be found. In addition,
Perpetuum Software LLC may refer Customer or Customer representative to sources of information not provided by
Perpetuum Software LLC.
1.3 Back-Level Support. If Customer chooses not to install any Update, Perpetuum Software LLC will maintain
back-level versions of the Product at Customer request, at extra charge, on a best-efforts basis and subject to
availability of technical support staff.
1.4 Feature Development. Development of new product features and/or additions to the product is not covered
with this Agreement. Customer may request development of additional product feature. Perpetuum Software LLC will at
its discretion decide if the development of the requested feature is acceptable, estimate time required for the
feature development. Perpetuum Software LLC will not undertake any additional feature development or related work
without first providing Customer with a dollar estimate of the work, and receiving a signed work order or for the
feature development. Newly developed features are not guaranteed to work with future product releases. In addition,
Perpetuum Software LLC retains exclusive ownership of all feature developments and reserves the right to include
newly developed features in future releases of Products.
Support Options
Perpetuum Software LLC offers two main types of support:
1) Trial Support – Pre-Sales support for those evaluating Perpetuum Software products. Trial Support is provided for 30 days.
2) Standard Support – Non-priority processing of support issues for 30 days after the purchase date, Support web site that contains articles, and tips on using Perpetuum Software products.
3) Premium Support – Priority technical support provided by Perpetuum Software LLC senior support staff and contracted professionals via email, Skype, GoToMeeting or other similar software. Premium Support is provided for 1 year from the purchase date.
2. Trial Support
2.1 Trial Support Options. Trial support includes:
- Access to Perpetuum web site that contains articles, white papers, documentation, tips on using Perpetuum Software products;
- Guaranteed response time (Mon - Fri) - 48 hours;
- Validity term – 30 days;
- Samples are provided in C#.
3. Standard Support
3.1 Standard Support Options. Standard Support includes:
- Non-priority processing of support issues subject to availability of technical support staff usually within 48 hours;
- All issues addressed by senior support engineers;
- Priority involvement in Beta Programs;
- Validity term – 30 (thirty) days;
- All service packs for the product version you purchased;
- Support web site that contains articles, white papers, documentation, tips on using Perpetuum Software products;
- Samples are provided only in C#;
- All major versions and service packs for your product for a period of one year.
3.2 Available to All Users. Standard Support is made available to all users of Perpetuum Software LLC products,
upon and subject to the terms and conditions hereof.
3.3 Acceptance of Support Agreement. By accessing the Support web site and viewing or downloading content
from the site, a viewer accepts the terms and conditions hereof.
3.4 Availability. The Support web site is intended to be available to users 24/7/365. However, there may be
short periods of downtime due to maintenance and possible internet outages. Perpetuum Software LLC does not
guarantee any specific level of uptime.
3.5 Supported Products. Only the current versions of Perpetuum Software LLC products are actively supported
on the Support web site. Articles relating to previous versions of Perpetuum Software LLC products will remain
available in the discretion of Perpetuum Software LLC.
3.6 Changes. Perpetuum Software LLC reserves the right to edit, replace, and/or move the Support web site or
its content, in whole or in part at any time and from time to time.
3.7 “As Is Where Is”. All Online Support is offered on an ‘as is where is’ basis, without warranty of any
kind. Perpetuum Software LLC does not guarantee the accuracy or reliability of information provided on the Support
web site. In respect of all Support web site content, Perpetuum Software LLC expressly disclaims all warranties,
whether expressed or implied, including the implied warranties or covenants of merchantable quality, fitness for a
particular purpose, and non-infringement. No oral or written information or advice given by Perpetuum Software LLC,
its employees, distributors, dealers or agents shall increase the scope of the above warranties or create any new
warranties.
4. Premium Support
4.1 Premium Support Options. Premium Support includes:
- High-priority processing of support issues within 24 hours;
- Live technical support when necessary;
- All issues addressed by senior support engineers;
- Issue escalation to product development teams if necessary;
- Priority involvement in Beta Programs;
- Validity term – 1 (one) year;
- All service packs for the product version you purchased;
- Support web site that contains articles, white papers, documentation, tips on using Perpetuum Software products;
- Samples are provided in C# and VB.NET upon request;
- Access to night builds;
- All major versions and service packs for your product for a period of one year.
4.2 Available to Subscribers. Premium Support is made available to Customers of Perpetuum Software LLC who
have purchased and have a valid Premium Support subscription, for the duration of the period of their subscription.
If Customer purchases Premium Support for a product, then Customer shall purchase Premium Support services for all
licenses of such product in possession. Perpetuum Software LLC may select qualified subcontractors to perform
Premium Support or assign performance of Premium Support to Perpetuum Software or any of its Related Bodies. Premium
Support shall only be provided on a twelve (12) month basis, and shall be automatically renewed each year unless
Customer and Perpetuum Software LLC gives written notice to the other party thirty (30) prior to the end of initial
12 month period or any extention thereof, of its intention to terminate the Premium Support.
4.3 Support contacts. Customer shall specify the personnel who are identified by name to Perpetuum Software
LLC in writing and who may contact Perpetuum Software LLC for support. The number of Support Contacts shall be
limited to that number provided by the applicable amount of licenses obtained by Customer, unless a different number
is set forth on the applicable order.
4.4 How to Get Premium Support. Subscriptions to Premium Support may be obtained at the same time as and/or
as part of the purchase of license rights from Perpetuum Software LLC, or may be purchased by separate Premium
Support subscription. Premium Support subscription constitutes acceptance of the terms and conditions of this
Agreement.
4.5 Limitation to Licensees Only. Premium Support is offered only to licensees of Perpetuum Software LLC
products. End users of applications that make use of Perpetuum Software LLC products may not obtain Premium Support.
4.6 Non-transferable. Support agreements and entitlements to support are non-transferable, except upon and as
part of the sale of all or substantially all of the assets of Customer’s business in bulk, or of the business unit
which licensed the Perpetuum Software LLC products, including the Customer’s license to use Perpetuum Software LLC
products, and only then if such software license was itself transferable upon such sale. Any attempt to assign this
Agreement other than in accordance with this provision shall be null and void.
4.7 Limitation to Perpetuum Software LLC Products. Perpetuum Software LLC is not required to support
Customers’ own applications or technologies that are used to integrate Perpetuum Software LLC products. Perpetuum
Software LLC is under no obligation to provide Premium Support services to Customer with respect to (i) any Products
altered or modified by Customer or third parties, (ii) restoration of lost data, (iii) third party software or
applications being used in conjunction with the Products, (iv) Products not operated on Customer certified operating
environments or operated in a manner inconsistent with its documentation or license use terms, (v) computer hacking,
security breaches, or illegal or unauthorized access to software products, servers, or computer systems, (vi)
modification, integration, installation, or configuration of the Product to run with new versions of the operating
system, database, middleware or models of hardware installed by Customer; or (vii) responding to Customer’s support
e-mails if Customer fails to provide sufficient information, as reasonably requested by Perpetuum Software LLC, to
enable Perpetuum Software LLC to identify, reproduce and analyze the reported problem. Premium Support services do
not cover the maintenance and/or service of any machines, computer hardware or equipment.
4.8 Support not ‘Training’. Premium Support is not to be used for educational purposes. If Perpetuum
Software etermines, in its discretion, that Premium Support is being misused, Perpetuum Software LLC reserves the
right to withhold its services in such regard.
4.9 Method of Support. Premium Support may be provided via email, Skype, GoToMeeting or any other similar software. For more complex support requests, email
will be required, in order to pass material (such as source code) back and forth.
4.10 Hours of Support. Standard support hours are 8:00 am to 5:00 pm GMT +6, Monday to Friday, excluding
statutory holidays and company holidays (of Perpetuum Software LLC). Agreements for extended support hours may be
offered.
4.11 Confidentiality. All Customer material provided to Perpetuum Software LLC shall be received and held in
confidence, unless Perpetuum Software LLC is given permission by Customer to do otherwise. Perpetuum Software LLC’
rights to possess, copy, use, and alter such customer material shall be limited to such rights as are necessary or
appropriate to provide support to Customer. Provided however, nothing in this provision shall prevent Perpetuum
Software LLC or its contractors from independently developing any software product or software component that
contains some or all features of Customer material, provided in no circumstances may Perpetuum Software LLC breach
copyright or patent rights of Customer, and provided Perpetuum Software LLC may incorporate any workarounds,
patches, or other fixes or improvements developed to solve a Customer’s support problem in any other Customer’s
support solution and/or as part of a new or upgraded version of Perpetuum Software LLC software.
4.12 Limitations on Liability. Perpetuum Software LLC does not guarantee results under this agreement but
merely agrees to use reasonable diligence in attempting to accomplish its obligations. Perpetuum Software LLC shall
not be liable for any damages caused by delay in delivering or furnishing any services referred to in this
Agreement. The express warranties contained herein are exclusive, and lieu of all other warranties, whether
expressed or implied, including the implied warranties or covenants of merchantability, fitness for a particular
purpose and non-infringement. No oral or written information or advice given by Perpetuum Software LLC, its
employees, distributors, dealers or agents shall increase the scope of the above warranties or create any new
warranties. Perpetuum Software LLC’ liability, if any, for damages, including but not limited to liability arising
out of contract and tort under this agreement, shall not exceed the amounts paid by Customer to Perpetuum Software
LLC for Premium Support in the year in which the first cause of action in contract or tort under this agreement
arose against Perpetuum Software LLC. Neither Perpetuum Software LLC nor anyone else who has been involved in the
creation, production or delivery of Perpetuum Software LLC’ software shall be liable for any indirect, consequential
or incidental damages (including damages for loss of business profits, business interruption, loss of data, issuance
of incorrect information, damage to equipment and the like) arising out of any cause of action in respect of this
Agreement or breach thereof, even if Perpetuum Software LLC has been advised of the possibility of such damages.
4.13 Lapsed Premium Support Subscription. After commencement of Premium Support, should Customer's Premium
Support ever be permitted to lapse and Customer then desires to reinstate Premium Support, Customer may do so by
paying the then-current Premium Support fees. In this case Premium Support subscription is valid till Product
Subscription (including Product updates, upgrades and fixes) expiration date.
5 Mechanics of Premium Support
5.1 Customer’s Own Support Obligations. Customer is responsible for providing support to its licensed or
sublicensed end-users of any application containing Perpetuum Software LLC product(s). Perpetuum Software LLC has no
obligation to accept support requests directly from Customer’s customers. Customer is expected to maintain a
database of known problems and solutions and to provide its customers with resolutions to known problems, to
determine if the problem is due to improper customer installation, to engage in problem determination (determining
if the problem relates to hardware, software, or documentation) and problem source identification (determining which
component is failing, or attributing the failure to some external cause such as customer error or no problem found),
and to attempt a bypass or work-around or fix for its customers. If it is determined that the likely source of the
problem is a Perpetuum Software LLC product or if a question relating to a Perpetuum Software LLC product is
required be asked in order to satisfy its customer’s request, Customer may initiate a Request (defined herein).
5.2 Customer Obligations to Perpetuum Software LLC. The quality of support provided by Perpetuum Software LLC
is a function of the data provided by Customer. Customer shall ensure that its contact person(s) for support from
Perpetuum Software LLC is a reasonably skilled software developer, knowledgeable about the customer’s product and
its coding. Customer shall use all commercially reasonably efforts to provide to Perpetuum Software LLC information
necessary (including, where appropriate, reproducible test cases, and other diagnostic information) to diagnose and
repair such problems as the customer may report to Perpetuum Software LLC, and to respond promptly to all requests
of Perpetuum Software LLC for assistance, cooperation, or Material (as defined herein).
5.3 Initiating a Support Request. Customer initiates a support request by email to Perpetuum Software LLC
asking a support question or reporting a problem with any Perpetuum Software LLC software (a “Request”).
5.4 Warranties. Perpetuum Software LLC warrants that it will be the owner of the copyright to the work
product of any support provided to Customer or duly licensed to use such work product and provide same for use by
customer. If a product bug or error is found, Perpetuum Software LLC will use commercially reasonable efforts to fix
the problem or create a work-around (including, in Perpetuum Software LLC’ discretion, provision to customer free of
charge of an upgraded version of the software that fixes a known issue). Perpetuum Software LLC is in no way
obligated to and does not guarantee that it will fix a reported product bug or error or to satisfactorily answer all
questions posed by a Customer.
6. Severability If any provision of this Agreement is found to be unlawful, void or unenforceable, then
that provision shall be severed from this Agreement and shall not affect the validity and enforceability of any of
the remaining provisions.
7. Force majeure In no event shall either party be liable to the other for any delay or failure to
perform hereunder, which delay or failure to perform is due to causes beyond the control of said party including,
but not limited to, government restrictions, exchange or market rulings, labor strike, war, earthquake, fire, other
natural disaster, or any other event, condition or occurrence beyond the reasonable control of such party.
Purchase your Premium Support subscription together with your license on-line!