Agmt 2007 InTime Solutions Inc - Laserfiche WebLink

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INTIME SOLUTIONS INC. or Maintenance. For clarification, the following supplies and services are excluded from the scope of this Agreement and are deemed to be Consulting Services under the terms of the standard InTime Master Consulting Services Agreement. (a) services which are required to remedy problems that stem from using a version of the Software that is not Maintained or Supported because Customer chose not to upgrade to the current version of Software; (b) services which are required to remedy problems which do not stem from any defect in Software; (c) services which should have been provided by Customer to its own end users, such as support of third party products; (d) services which are required to remedy any problems with third party software or hardware; (e) services relative to integrating, modifying, install ing or training Customer in the use ofthe Software; (t) services to install or configure the Software to a Customer's specifications; (g) services related to hardware, including configuration, troubleshooting assistance, diagnostics and repair of servers, printers and other peripheral devices used by Customer in connection with Software; (h) services related to deployment technologies like Internet DNS, email clients and servers, email gateways and relays, FTP clients and servers, terminal emulators, firewalls, SSL certificates, spam filters, file attachments, or web browsers, when problems with these technologies do not stem from Software defects; (i)technical services related to any operating system, client, server, or network setting, user management, printer configuration, backups, networks, security, user authentication, performance or connectivity; U)services related to setting up, maintaining, configuring or troubleshooting secure Internet access to Customer's servers by InTime support staff; 5. Term 5.1 The Term of this Agreement is for one year. This Agreement renews automatically unless Customer delivers notice to InTi me of its intention to not renew at least 30 days before the expiration of the then current term. 5.2 This Maintenance and Support Agreement shall terminate in either of the following events: (a) if Customer has notified InTime of Customer's intent to not renew Maintenance and Support; or (b) Customer has not paid InTi me in accordance with this Agreement, or for other services rendered; or (c) at the option of either party if the other party materially defaults in the performance or observance of any of its obligations hereunder and fails to remedy the default within one month after receiving written demand therefore; 5.3 If Customer does not renew Maintenance and Support then Customer acknowledges that Customer will stop receiving Maintenance and Support as of the renewal date. If this occurs, Customer retains the right to use the then-current version of the Software without impairment of any other rights. 6 Warranty. 6.1 InTime warrants that all services shall be performed in full conformity with the Agreement, with the skill and care which would be exercised by those who perform similar services at the time the services are performed, and in accordance with accepted industry practice. In the event of a breach ofthe express warranties contained herein and/or in the event of non-performance and/or failure of InTi me to perform the services in accordance with the Agreement, InTi me shall, at no cost to Customer, re-perform or perform the services so that the services conform to ENTERPRISE SOFTWARE LICENSING AGREEMENT Confidential Document Page 13 of 16