Customer Service Program Terms and Conditions ... - NexentaStor by wuzhenguang

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									                                                                Customer Service Program Terms and Conditions

                                                    NEXENTA Systems, Inc.

                                   Customer Service Programs Terms and Conditions

1.   DEFINTIONS.
     “Error” shall mean a material failure of the Software to conform to the published product specifications that is
     reproducible by NEXENTA on unmodified Software. Errors do not include, and NEXENTA will have no responsibility
     for, any of the following circumstances which adversely impact the operation of the Software or the ability of
     NEXENTA to provide Customer Service: (i) the Software has been altered or modified in any manner by any person
     or entity; (ii) the Software has been used outside the scope of the license granted under this Agreement; (iii) any
     failure of the computer hardware, the computer operating system and/or other software utilized by Customer; (iv) the
     Software has been installed or operated other than in accordance with the NEXENTA installation and operations
     instructions, including, without limitation, on computer hardware, operating systems or environment other than for
     which it was designed; (v) failure to use the Supported Versions made available; or (vi) accident, negligence, or
     misuse of the Software.
     "Customer Service" means the provision by NEXENTA of:
     (a) Updates, if any, and appropriate Documentation for such Updates;
     (b) Telephone or email assistance with respect to Software licensed by Customer, within the hours of service as
           elected and paid for by Customer, such telephone assistance including (i) clarification of functions and features
           of the Software, (ii) clarification of Documentation pertaining to the Software, (iii) guidance in the operation of the
           Software and (iv) Error verification, analysis and correction.
     “Release” means an updated version of the Software with a limited number of functional enhancements and
     improvements, as determined by NEXENTA.
     “Standard Business Hours” means 8:00 AM through 5:00 PM local standard time worldwide (excluding holidays and
     weekends).
     “Supported Versions” means the current and immediately preceding Release of the Software.
     “Update” means a version of the applicable Software containing minor functional enhancements, modifications,
     extensions, or Error corrections. Updates shall not include any new product or major functional enhancements to the
     applicable Software, as determined by NEXENTA in accordance with its standard Customer Service Program.

2.   SCOPE. For so long as Customer is current in the payment of all license fees and not otherwise in breach of any
     obligation under this Agreement, Customer is entitled to receive Customer Service, as described herein. NEXENTA
     shall use its reasonable efforts to correct any Error in the Software attributable to NEXENTA in accordance with the
     NEXENTA Systems Customer Service Policies. Upon identification of any programming error, Customer shall
     promptly notify NEXENTA of such Error and provide NEXENTA a description of the Error as well as any pertinent log
     file and configuration information as requested by NEXENTA Customer Service staff. NEXENTA will provide
     commercially reasonable efforts to correct material Errors in the Software copies. Customer may obtain Updates
     either through delivery of a machine readable copy pursuant to instructions contained in the Update notification or by
     downloading the Update from the NEXENTA web site or such other method as may be mutually agreed to by the
     parties.

3.   EXCLUSIONS.
        A.                       Eligible Software. NEXENTA shall not be responsible for correcting any Errors not
        attributable to NEXENTA. Errors attributable to NEXENTA shall be those that are reproducible by NEXENTA on
        unmodified Software. Without limiting the foregoing, NEXENTA is not required to provide any Customer Service
        for customizations to the Software, the operating environment for the Software, or versions of the Software that
        are not Supported Versions.
        B.                       Additional Services for Exclusions. Support and other services for any earlier
        versions of the Software, customized Software or for other problems not covered under the Customer Service
        Program may be obtained at the NEXENTA then current rates for Professional Services under the Consulting
        Solutions Program.

4.   CUSTOMER RESPONSIBILITIES. In consideration for NEXENTA System's obligations to provide Customer
     Service, Customer agrees to the following:
         A.                       Customer shall properly train its personnel in the use and application of the Software
         and the equipment on which the Software is loaded or operating
         B.                       Customer shall provide supervision, control and management of the use of the
         Software. In addition, Customer shall implement procedures for the protection of information and the
         implementation of backup procedures in the event of errors or malfunction of the Software or equipment upon
         which the Software is loaded or operating.
         C.                       Customer shall document and promptly report all errors or malfunctions of the Software
         to NEXENTA. NEXENTA will provide Customer with a trouble ticket number which should be used to track the



     Nexenta Systems, Inc.                                   v04-14-10                                           Page 1 of 2
                                                            Customer Service Program Terms and Conditions

         status of each issue. Customer shall take all reasonable steps necessary to carry out procedures for the
         rectification of such errors or malfunctions within a reasonable time after such procedures have been provided by
         NEXENTA. NEXENTA reserves the right to close the trouble ticket if Customer does not provide feedback or
         status to NEXENTA within thirty (30) calendar days of receiving new software and/or a workaround for the
         problem or fails to respond to request for additional information
         D.                         Customer shall maintain a current backup copy of all programs, data, and licenses.
         E.                         Customer shall appoint two (2) individuals within Customer's organization to serve as
         primary contacts between Customer and NEXENTA and to receive support through the NEXENTA telephone
         support center. Customer’s support inquiries will be initiated exclusively through these two primary contacts.

5.   WARRANTY.
     NEXENTA will undertake all commercially reasonable efforts to provide technical assistance under this Customer
     Service Program and to rectify or provide solutions to problems where the Software does not materially function as
     described in the Software documentation in accordance with the terms and conditions described above, but
     NEXENTA does not guarantee that the problems will be solved or that any item will be error-free. EXCEPT AS
     EXPRESSLY SET FORTH IN THIS SECTION, ALL SERVICES (CUSTOMER SERVICE, PROFESSIONAL
     SERVICES OR OTHERWISE) ARE PROVIDED "AS IS". NEXENTA EXPRESSLY DISCLAIMS ALL WARRANTIES,
     WHETHER EXPRESS, IMPLIED OR STATUTORY AS TO ANY ASPECTS OF THE SOFTWARE OR TO ANY
     SERVICES RENDERED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
     PARTICULAR PURPOSE. NEXENTA DOES NOT WARRANT THE OPERATION OF THE SOFTWARE WILL BE
     UNINTERRUPTED OR ERROR FREE.

     LIMITATION OF LIABILITY. CUSTOMER’S SOLE REMEDY AND NEXENTA SYSTEM’S SOLE LIABILITY UNDER
     THIS CUSTOMER SERVICE PROGRAM IS TERMINATION OF THE THEN CURRENT NEXENTASTOR LICENSE
     TERM AND A REFUND OF ANY PREPAID LICENSE FEES. NEITHER PARTY SHALL BE LIABLE TO THE
     OTHER PARTY FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT
     NOT LIMITED TO LOST DATA OR LOST PROFITS, HOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF
     THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE TO THE ALLOCATION OF LIABILITY RISK,
     WHICH IS SET FORTH IN THIS SECTION.




     Nexenta Systems, Inc.                               v04-14-10                                        Page 2 of 2

								
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