mendelson SMP Terms of Use

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MENDELSON SMP TERMS OF USE

mendelson offers multiple optional Support and Maintenance Package(s) (“SMP”) for the version of Software product edition ("Software") that you have licensed which you may elect to purchase in addition to your Software license. The Support Period, hereinafter defined, covered by such SMP shall be delineated at such time as you elect to purchase a SMP. Your rights with respect to support and maintenance as well as your upgrade eligibility depend on your decision to purchase SMP and the level of SMP that you have purchased:

If you have not purchased SMP, you will receive the Software AS IS and will not receive any maintenance releases or updates. However, mendelson, at its option and in its sole discretion on a case by case basis, may decide to offer maintenance releases to you as a courtesy, but these maintenance releases will not include any new features in excess of the feature set at the time of your purchase of the Software.

If you have purchased SMP, then solely for the duration of its delineated Support Period, you are eligible to receive the version of the Software edition that you have licensed and all maintenance releases and updates for that edition that are released during your Support Period. For the duration of your SMP’s Support Period, you will also be eligible to receive upgrades to the comparable edition of the next version of the Software that succeeds the Software edition that you have licensed for applicable upgrades released during your Support Period. The specific upgrade edition that you are eligible to receive based on your Support Period is further detailed in the SMP that you have purchased. Software that is introduced as separate product is not included in SMP. Maintenance releases, updates and upgrades may or may not include additional features.

In addition, mendelson will provide Priority Technical Support to you for the duration of the Support Period. Priority Technical Support is provided via a web-based support form or E-mail only, and mendelson will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during European business hours (M-F, 8am - 5pm CET), German holidays excluded) and to make reasonable efforts to provide work-arounds to errors reported in the Software.

During the Support Period you may also report any Software problem or error to mendelson. If mendelson determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, mendelson agrees to use reasonable commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance release or update, which is made available at certain times at mendelson’s sole discretion.

If mendelson, in its discretion, requests written verification of an error or malfunction discovered by you or requests supporting example files that exhibit the Software problem, you shall promptly provide such verification or files, by email, telecopy, or overnight mail, setting forth in reasonable detail the respects in which the Software fails to perform. You shall use reasonable efforts to cooperate in diagnosis or study of errors. mendelson may include error corrections in maintenance releases, updates, or new major releases of the Software. mendelson is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software as determined by mendelson in its sole discretion. Whether or not you have purchased the SMP, technical support only covers issues or questions resulting directly out of the operation of the Software and mendelson will not provide you with generic consultation, assistance, or advice under any circumstances.

Updating Software may require the updating of software not covered by these terms before installation. Updates of the operating system and application software not specifically covered by these terms are your responsibility and will not be provided by mendelson. mendelson’s obligations under these terms are contingent upon your proper use of the Software and your compliance with the terms and conditions of the applicable mendelson software license agreement governing your use of the Software at all times. mendelson shall be under no obligation to provide the above technical support if, in mendelson’s opinion, the Software has failed due to the following conditions: (i) damage caused by the relocation of the software to another location or CPU; (ii) alterations, modifications or attempts to change the Software without mendelson’s written approval; (iii) causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure; (iv) your failure to maintain the Software at mendelson’s specified release level; or (v) use of the Software with other software without mendelson’s prior written approval. It will be your sole responsibility to: (i) comply with all mendelson-specified operating and troubleshooting procedures and then notify mendelson immediately of Software malfunction and provide mendelson with complete information thereof; (ii) provide for the security of your confidential information; (iii) establish and maintain backup systems and procedures necessary to reconstruct lost or altered files, data or programs.

Last updated: 2015-11-11

 

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