CORMIX SOFTWARE MAINTENANCE AGREEMENT
This is a legal agreement between you (End User), and MixZon Inc (MixZon).
The maintenance agreement between the parties, as designated by the product license ID or serial number, continues to govern all relations between MixZon and the End User. All benefits flowing to the End User under this maintenance contract are dependent on the End User's status as a licensee in good standing.
1. GRANT OF LICENSE
MixZon by its acceptance hereof, hereby grants the End User (Client/Customer/ Licensee), a Software Maintenance Contract (CorMaintenance) for the CORMIX software program (Product), the herein described supplemental Maintenance service to the software license.
2. SCOPE OF SERVICE
All CORMIX software includes 30 days of free licensing and installation support from the order date.
This agreement is designed to assist the End User in the event of Product licensing, updates, upgrades, and/or installation issues beyond the initial,
free 30 day period.
In general, MixZon is NOT responsible for any Product licensing problems that MAY arise out of client side computer hardware failure or operating system related issues (failure, version upgrade, etc.) for clients who DO NOT have a valid CorMaintenance agreement.
After the Free 30 day period, a CorMaintenance software maintenance contract (described herein), is required for ALL Product licensing and installation issues. In addition, CorMaintenance includes client version updates and/or upgrades for any new Product releases from MixZon.
CorMaintenance will be provided for the current release of the CORMIX Product only.
CorMaintenance WILL provide:
- Product version updates and/or upgrades to the End User during the agreement period when such Product updates/upgrades become available.
- Product licensing and installation support if the End User experiences hardware failure and/or operating system upgrades, updates or crashes.
- A limited one-time transfer of the Product license and installation and activation support from one licensed computer to another computer.
MixZon WILL provide:
- MixZon will investigate all Product related Licensing and Installation issues which are documented and submitted via e-mail to firstname.lastname@example.org.
- All verifiable licensing and installation issues in the Product will be promptly scheduled for review, and MixZon shall make a best effort to correct all such problems, provide product updates/upgrades (based on availability), or develop a reasonable alternative solution for such problems.
- Under terms of this contract, MixZon will provide licensing and installation support to the licensed Product, within the purview of the Product Licensing Agreement, during the contract period.
- MixZon will provide Maintenance Support via telephone, modem, fax or e-mail. MixZon's response time is highly dependent upon communication devices available to MixZon. Customers with email, fax machines and modems receive more timely responses.
- MixZon will make every effort to resolve any submitted issues under the purview of this agreement in a timely manner. When appropriate, the support staff will provide an estimate of how long it will take for resolution.
- When required for in-depth analysis, MixZon will require customer cooperation in providing additional testing, documentation and/or direct access to End User computer.
- MixZon shall have no obligation to provide support, including but not limited to installation, maintenance, updates, upgrades, debugging and improvements, for the Product, except as MixZon at its sole discretion, shall determine to be reasonable.
3. REPORTING REQUIREMENTS
- MixZon will notify the End User when Product updates and/or upgrades become available via e-mail. The End User agrees to limit use of CorMaintenance services to these occasions.
- The End User also agrees to limit use of the CorMaintenance services to occasions when the Product licensing fails to work due to client side hardware failures, operating system upgrade, updates, crashes and/or computer upgrades.
- The End User agrees to furnish descriptions of malfunctions in the form requested by MixZon's support staff.
- The End User also agrees to assist MixZon's efforts to duplicate the problem reported.
- All problems and enhancement requests shall be reported to MixZon by e-mailing such requests to email@example.com
- Failure to follow the reporting procedure will serve to release MixZon from any liability associated with the solutions provided. Consistent disregard for the reporting procedure described above may lead MixZon to revoke the customer's right to use CorMaintenance.
4. SOFTWARE SUPPORT NOT COVERED BY THIS AGREEMENT
MixZon has no obligation under this agreement to support the following:
- Non-current versions of the Product.
- End User Product licenses not covered under this agreement.
- Problems created by customer negligence.
- Serviced software used on a computer system not authorized under this maintenance agreement.
5. PRODUCT LICENSE FEE
Product is offered at terms acceptable to the licensee. Distribution by the licensee is prohibited and copyright restrictions apply.
6. TERM AND TERMINATION
- This agreement is for the benefit of both parties.
- The support Agreement will become effective the date MixZon receives and accepts a fully paid invoice or signed order form stating the Product(s) to be covered by this agreement.
- This agreement will expire depending on the specific subscription duration, from the effective date of this agreement, unless terminated by either party by reason of and upon any violation of the terms and condition herein.
- The End User or MixZon may cancel the CorMaintenance agreement at any time, for any reason with 30 days of written notice. Upon request for cancellation or termination of services, the End User will be entitled to a refund to the Subscription fee on a pro-rated basis, depending on the Maintenance Contract duration. In the event of cancellation of CorMaintenance, MixZon will refund the pro-rated balance of the CorMaintenance Subscription fee within 60 days of the cancellation notice.
- Cancellation of CorMaintenance Services will apply ONLY to services rendered under the CorMaintenance Software Maintenance Agreement.
7. LIMITATION OF LIABILITY AND INDEMNIFICATION
MixZon is not liable for damages including, but not limited to, general, special or consequential damages occurring out of or in connection with consultation services,
training, maintenance services or application advice provided to aid in the implementation of Licensed Software.
Licensee is exclusively responsible for the supervision, management, and control of its use of the Licensed Software.
MixZon shall not be liable for any manner of loss or damage arising out of the use of the materials provided hereunder. Further, MixZon shall not be obligated to indemnify the Licensee in any manner for any loss which Licensee may experience, of any kind or nature, arising out of the use of the materials.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue to be in full force without being impaired or invalidated in any way. This Agreement constitutes the entire Maintenance agreement between the End User and MixZon.
Any notices required to be given or which shall be given under this agreement shall be in writing delivered by first-class mail or telex.
Notices shall be addressed to the parties as follows:
1033 SW Yamhill St.
Portland, Oregon 97205-2539 USA
End User agrees to accept the Licensed Materials on an "as is, with all defects" basis. MixZon makes no warranties, express, implied in law or in fact, including any implied warranty of merchantability or fitness for a particular purpose, or results obtained from Licensee's use of Licensed Materials, or that the use of any Licensed Materials will not infringe on any patent, copyright or trademark or other rights.
This agreement shall inure to the benefit of and be binding upon the parties, and their respective successors and assigns. This agreement shall not be assigned by either party without the written consent of the other party thereto.
12. GOVERNING LAW
This agreement shall be interpreted, enforced and construed according to the laws of the State of Oregon, United States of America.
13. ENTIRE AGREEMENT
This agreement contains the entire agreement between the parties with respect to the subject matter hereof, and it shall not be modified or amended except by an instrument in writing signed by both parties hereto.