1. DEFINITIONS
1. Program
means the software product for which customer has a license
2. Program
Material means the Program together with all supplied related documentation.
3. A
case is a customer's question or issue.
2. SCOPE
OF THE SUPPORT
1. The
Software Supplier shall subject as herein provided:
1. Provide
to the Customer an email support service.
2. Provide
to the Customer a remote support service by TeamViewer. Remote support is
provided after the Customer sent to Supplier all required log files,
screenshots, etc. and a problem reason still is not clear to Supplier,
3. Support
will be provided to the Client for assistance with one case only.
3. EXCLUSIONS
1. Websio
shall not be obliged to provide support hereunder:
1. if
the Program shall not have been properly used or installed in conjunction with
the Customer's Computer System in accordance with the documentation.
2. if
the Program shall have been modified in any way without the prior written
consent of the Supplier or shall not be in the same form as supplied by the
Supplier.
2. The
support service shall not include:
1. installation
of the Program or updates thereof on the Customer's Computer System.
2. releases
of the Program Material other than the current release
4. WARRANTY
AND LIMITATION OF LIABILITY
1. Supplier
will undertake all reasonable efforts to provide technical assistance and to
rectify or provide workaround to a problem where the Software does not function
as described in the Software documentation, but Supplier does not guarantee
that the problems will be solved or that any item will be error-free. Support
is only applicable to Vendor Software running under the clear environment
(without third-party products and/or any kind of customizations) specified in
the Administrator Guide for that product. THIS WARRANTY IS EXCLUSIVE AND IS IN
LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL
OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE PURCHASE
DATE OF THIS SUPPORT PER CASE. VENDOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES.
2. In
no event will the Supplier be liable for any special, incidental, or
consequential damage or for loss of profits or for claims against the Customer
by any third party arising from the use or inability to use the Program
Material.
3. The
Supplier shall not be liable for any claim in excess of the amount of the fees
in respect of this Support per Case.
5. CUSTOMER
RESPONSIBILITIES
1. The
Customer shall provide at no charge to the Supplier written evidence of the issue
and other material that the Supplier may reasonably require to enable the issue
to be reproduced at the Supplier's premises.
2. In
the event that it is deemed necessary for the Supplier to have access to the
Customer's equipment where the Program is installed in order to properly
undertake its responsibilities, then the Customer shall provide at no charge to
the Supplier full access by TeamViewer at a mutually convenient time.
6. OTHER
SERVICES
The following additional services are not provided for under the terms of this
Agreement:
1. Training
of staff.
2. Modifying
the Program Material to meet Customer specific requirements.
3. Porting
the Program to other systems.
4. Technical
consultancy.
5. Support
of third-party software used by Customer and/or used in Websio products
7. APPLICABLE
LAW
The validity, construction and performance of this Agreement shall be governed
by the Laws of Israel. The Agreement shall be subject to the exclusive
jurisdiction of the Court of Teal Aviv, Israel.