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SUPPORT - SERVICE LEVEL AGREEMENT
PRIME Care :
AIMS Consulting offers an annual technical support and product upgrade contract known as "PRIME Care". This agreement entitles the customer to an array of support and upgrade services to ensure maximum value from their AIMS Software. This section describes the Service Level Agreement (SLA).
Support Methodology :
Customer are supported using remote support services such as the telephone, e-mail and, with customer approval, by logging on to the customers system using remote control software. Support is available from 09:30 AM to 6:30 PM IST Monday to Saturday and on weekends and evenings by prior arrangement.
The support process starts when a software user contacts their internal help desk or IT support department. If the customers internal support cannot help and determines the problem is related to the AIMS Software they will register the issue by emailing to firstname.lastname@example.org. This service is available for customer’s technical support staff 24 hours per day, 7 days per week. The support email is monitored by AIMS - ONLINE AIMS technical staff up to 16 hours per day, Monday to Saturday. Technical support is generally provided during regular business hours, between 09:30am IST and ending at 6:30pm IST.
Issue Severity Definitions :
Following are the levels of issue severity:
Support Response Time :
All support issues registered on the AIMS Software support email receives will be responded to, by a technical support team member, by no later than noon of the next business day. In the response it will be determined if the problem is related to the AIMS Software or a 3rd party application and a Severity level will be established.
If the source of the problem is outside the control of AIMS, the customer will be advised accordingly and best efforts will be made to notify the party / parties responsible and cooperate with them to resolve such problem.
If the problem is within the control of AIMS the following responses are made:
Escalation Policy :
If a customer feels the support response times are not being met or the problem is not being addressed they may initiate direct contact with the VP of customer services email@example.com
Customer Responsibilities :
The PRIME Care AIMS Software support program is a powerful tool but to make it work best the customer must follow normal IT practices in protecting their data. The following are a few "best practice" suggestions:
Other Features of the PRIME Care Program
Customers on PRIME Care have access to any hot-fixes, service packs, dot releases or major releases of software that become available while under contract. If there are no changes to the existing server or operating system the technical support for upgrades is provided at no additional charge.
PRIME Care maintains a status report of open and past support issues including; issue number, problem category, severity, user name, territory code, date received, status, problem description and next action description. A customer may ask for a review of their support incidences including our response at any time.
Addition of licenses:
Customers on PRIME Care can add new users to the system at any time, (a minimum of 5 users) at no administration charge other than the cost of the license. The cost of the PRIME Care contract is pro-rated on new licensing to the master agreement anniversary date.
Terms & Conditions
The PRIME Care Agreement runs for 12 months from the day the ONLINE AIMS license issued. The contract start and end date will be clearly stated on the invoice.
Termination of support services :
The PRIME Care contract may only be terminated by AIMS Consulting in advance of the contract expiry in which case AIMS will refund a prorated portion of the annual service contract. The customer may terminate by not renewing the annual contract.
In order to remain on PRIME Care customers with standard version of ONLINE AIMS.
Server and Operating Systems Upgrades :
PRIME Care does not cover the new Development for ONLINE AIMS as a result of customer server or operating system upgrades or catastrophic failure. There will be professional service fees for assistance in this new Development. If these upgrades are done at the same time as a ONLINE AIMS upgrade the charges may be reduced.
Understandings that bind AIMS Consulting that are not expressly stated :
Notwithstanding any other provisions our total and exclusive liability is no more than the unused portion for the annual PRIME Care contract. The program is provided on an "as is" bases, we do not warrant that the service will be uninterrupted, error free, or completely secure. As we do not control the flow of data or the performance of data over the Internet, which our software is dependent upon, actions or in actions of 3rd parties can impair or disrupt yours and our connections to the Internet.
If you have any questions or concerns about PRIME Care forward your comments to firstname.lastname@example.orgThe V.P. of Customer Services will receive your message and respond.
END-USER LICENSE AGREEMENT
THE ONLINE AIMS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND AIMS READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS TERMINATION AND WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT USE THE SOFTWARE.
THIS EULA SHALL APPLY ONLY TO THE SOFTWARE "ONLINE AIMS" SUPPLIED BY AIMS HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
1. Definitions :
2. Pricing and Term Agreement :
The Software will be available to you for use upon your receipt of one or more license keys. Upon acceptance of this Agreement, you may obtain one or more license keys by paying the requisite license fees, using the procedure set forth on the respective AIMS web site. The license fees paid by you are paid in consideration of the license granted under this Agreement.
The pricing structure may be changed at any time. Price changes do not affect existing licenses. The new rates will be applicable to the existing licenses when the license is renewed.
If you have received a License without paying for the same, AIMS will still have the right to change the pricing structure and modify the TERM of the license. Such a change in the pricing structure and / or TERM will be only for future (from the day such a change is made in the pricing structure and / or TERM) use of the Software. Such a notice will be put up on the ONLINE AIMS website. Other than the notice on the Website, no other notice may be given in any other form.
3. License Grants :
The licenses granted in this Section 3 are subject to the terms and conditions set forth in this EULA:
4. License Restrictions :
5. Upgrades :
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by use of such copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity.
6. Ownership of Intellectual Property :
You acknowledge that the Software and the Documentation are proprietary to AIMS, and the Software and Documentation are protected under the Indian copyright law and international treaties. You further acknowledge and agree that, as between you and AIMS, AIMS owns and shall continue to own all right, title, and interest in and to the Software and Documentation, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. This Agreement does not grant you any ownership interest in or to the Software or the Documentation, but only a limited right of use that is revocable in accordance with the terms of this Agreement. Any and all trademarks or service marks that AIMS uses in connection with the Software or with services rendered by AIMS are marks owned by AIMS. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
7. Term and Termination :
8. Disclaimer :
THE SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS," AND AIMS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORISED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, AIMS EXPRESSLY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE.
9. Limitation of Liability :
UNDER NO CIRCUMSTANCES WILL AIMS OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS BY CUSTOMER OR ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY OR USE OF THE PRODUCTS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, BREACH OF ANY INTELLECTUAL PROPERTY RIGHT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT ONLY IN THE CASE OF PERSONAL INJURY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY INCURRED IN ANY ACTION OR PROCEEDING BY AIMS OR ITS AUTHORIZED REPRESENTATIVE EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SPECIFIC LICENSED SOFTWARE THAT DIRECTLY CAUSED THE DAMAGE.
10. Indemnification :
You will, at your own expense, indemnify and hold AIMS and each of its shareholders, affiliates, officers, directors, employees, agents, successors, assigns, partners, sub-licensors, distributors and resellers (collectively, the "Indemnified Parties") harmless from any and all loss, liability, damage or deficiency (including interest, penalties, costs of preparation and investigation, and reasonable attorneys" fees) that the Indemnified Parties may suffer, sustain, incur or become subject to, arising out of any use of the Software by you, any party related to you, or any party acting upon your authorization in a manner that is not expressly authorised by this Agreement.
11. Basis of Bargain :
The Limited Warranty and Disclaimer, Limited Liability and Indemnification set forth above are fundamental elements of the basis of the agreement between AIMS and you. AIMS would not be able to provide the Software on an economic basis without such limitations. Such Limited Warranty and Disclaimer, Limited Liability and Indemnification inure to the benefit of AIMS.
12. Third-Party Software :
The Software may contain third-party software which requires notices and/or additional terms and conditions. Such required third-party software notices and/or additional terms and conditions are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.
13. General :
Governing Law and Choice of Forum:
This EULA shall be governed by and interpreted in accordance with the laws of India, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the law courts situated within India. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts.
No Waiver: This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of AIMS to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
Amendment: AIMS reserves the right, in its sole discretion, to amend this Agreement from time to time. If there is a conflict between this Agreement and the most current version of this Agreement, posted at www.onlineaims.com the most current version will prevail. If you do not accept amendments made to this agreement, then this license will be immediately terminated pursuant to Section 8.
No AIMS dealer, partner, distributor, reseller, sub-licensor, agent or employee is authorized to make any amendment to this EULA.
Severability: If any term or provision of this Agreement is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity of enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation.
Headings: The Article and Section headings contained in this Agreement are incorporated for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
AIMS and other trademarks contained in the Software are trademarks or registered trademarks of AIMS in India and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use AIMS' or its sub-licensors' names or any of their respective trademarks.