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This Product Support Contract is between a product manufacturer and a service provider for product support. Under this contract, the service provider is being contracted to provide any product support and maintenance services for the consumers of product. This contract contains all of the essential clauses, such as the term of the agreement, the charges, payment details, and much more. This agreement is ideal for small businesses or other entities that want to provide or receive product support.
Product Support Contract This Product Support Contract is between a product manufacturer and a service provider for product support. Under this contract, the service provider is being contracted to provide any product support and maintenance services for the consumers of product. This contract contains all of the essential clauses, such as the term of the agreement, the charges, payment details, and much more. This agreement is ideal for small businesses or other entities that want to provide or receive product support. © Copyright 2012 Docstoc Inc. registered document proprietary, copy not 1 Product Support Contract This Agreement (the Agreement) governs the provision to you by (Name of Company), hereinafter called the Company, of support and maintenance services of (Name of Product), hereinafter called the Product) licensed by you from Company. Company is a corporation organized and existing under the laws of the state of (name of state), with its principal office located at (street address, city, state, zip code). During the term of this Agreement, Company will, for the annual maintenance fee specified in Section III (the Maintenance Fee), provide the maintenance services described in Section I (the Maintenance Services). I. Maintenance Services A. Telephone Support. Company will provide you with telephone consultation concerning the Product during Company’s normal business hours (e.g., 8:00 A.M. to 5:00 P.M. Monday-Friday). B. Product Updates. Major product updates will be provided to you at no additional charge during the term of this Agreement (the Updates). Company will notify you of any major update and provide you with details on how to obtain your update copy. C. Correction of Reproducible Errors. Company will investigate suspected reproducible errors in the Product, provided you send Company a written report accompanied by evidence of the suspected error. If Company agrees that the reported error is genuine, it will use reasonable efforts to correct the error in the next release of a Product Update. II. Term The term of this Agreement will begin upon our receipt from you of the Maintenance Fee, and continue for a period of (number) months. After the initial term it will automatically renew for successive (number) month periods, unless (i) one of us gives the other written notice of non-renewal at least (number) days prior to the expiration of the term then in effect; or (ii) this Agreement terminates pursuant to Section VII. III. Charges and Payment The Maintenance Fee will be as stated on Company’s standard published price list. You must purchase Maintenance Services for the total number of authorized copies of the Product for which a license fee has been paid. Within (number) days prior to the expiration of the initial term or any renewal term, Company will send you an invoice specifying the Maintenance Fee due for the next term. Payment of this invoice is due by the first day of the subsequent term. Only copies of the Product for which the Maintenance Fee has been paid will get Maintenance Services © Copyright 2012 Docstoc Inc. registered document proprietary, copy not 2 IV. Warranty Company will not be obligated to remedy any Product defects caused by your modification or misuse of the Product or any non-reproducible reported error. Company makes no warranties with respect to this Agreement or the maintenance services being provided, either express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose. Company hereby disclaims any warranty of merchantability or fitness for a particular purpose. V. Limitation of Liability In no event will Company be liable for the cost of substitute procurement, special, indirect, incidental, or consequential damages, or lost profits arising out of or in connection with this Agreement or the performance by Company of the maintenance services. In no event will Company’s total liability for any damages in any Section, either in contract or in tort, based on or arising out of or in connection with this Agreement, exceed the total amount paid to Company pursuant to this Agreement for the term in effect at the time such liability arises. VI. Confidentiality The Updates provided to you by Company pursuant to this Agreement represent confidential proprietary information of Company. You may not alter, modify, adapt, decompile or disassemble any Update, and you must take adequate steps to protect the Updates from unauthorized disclosure or use. VII. Termination Company may terminate this Agreement immediately (i) in the event that your license for the Product is terminated or you have not paid the Maintenance Fee by any applicable due date; or (ii) in the event you fail to comply with any term or condition of this Agreement, and fail to cure such non compliance within (number) days after receiving written notice of noncompliance. The termination of this Agreement by Company shall not affect any sums previously paid or due under this Agreement. VIII. Premium Support Premium Support is an additional option that is available and is defined as follows: A. Dedicated Senior Technical Support Representative with back-up. B. Maximum (number) minute response time to incoming Technical Support calls. C. Priority access to new releases and Products. D. Electronic availability and/or overnight hard-copy delivery of Product. © Copyright 2012 Docstoc Inc. registered document proprietary, copy not 3 E. Pager access to dedicated Senior Support Representative during non-business hours. F. 24 hour Telephone Technical Support access Monday through Friday via paging system. IX. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. X. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. XI. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of (name of state). XII. Mandatory Arbitration Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. XIII. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. XIV. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. © Copyright 2012 Docstoc Inc. registered document proprietary, copy not 4 XV. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. © Copyright 2012 Docstoc Inc. registered document proprietary, copy not 5
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