Inmagic  

Inmagic, Inc.

Annual Support and Maintenance Agreement  

Inmagic offers annual support and maintenance services to our customers, under Inmagic's Annual Support and Maintenance Agreement. The services provided and the policies under which the services are rendered are described in this document. These policies are not a contract and Inmagic Inc. may elect to change its Support and Maintenance Agreement at anytime without notice.

  1. Maintenance Services. Inmagic provides maintenance services to Licensees of its Software (“Customer”), which is licensed under the Inmagic authorized Software License.
  2. Fees. Customers may subscribe to the support and maintenance agreement by paying the annual maintenance fee. The maintenance fee for each successive one-year term shall be due and payable no later than the last day of the then current term. Customer may be required to pay an additional fee if maintenance services lapse and are subsequently resumed. Customers purchasing additional software or modules during the current term of their maintenance agreement may be required to pay additional maintenance fees for the additional software or modules.
  3. Term. Maintenance agreements for new software typically have a one year term (however multi-year agreements are available on most products), beginning on the date the software is shipped. The term of a maintenance renewal will be included on the renewal notice. Inmagic or your local reseller will endeavor to send a renewal notice prior to expiration of your current maintenance agreement. Maintenance agreements will automatically terminate: (i) upon termination of the Software License Agreement; and (ii) in the event that Customer fails to pay the then current Maintenance Fee when due. The Current and two versions back are the supported versions of a Product.
  4. Support and Maintenance Services. The Support and Maintenance Services shall include the following support:
    1. Telephone and Email Support. Inmagic will provide telephone and email support during Inmagic's normal business hours, from 8:30 a.m. through 5:30 p.m. , Monday through Friday, Eastern Standard Time, excluding Inmagic holidays. Such support will include the opportunity to consult with a member of the Inmagic technical support staff who will assist the Customer with the Software capabilities, functionality and characteristics as described in the Software Specifications and provide basic problem resolution assistance as required. This assistance does not cover training or consulting services. Technical Support contact information:

      Phone Number: 1.800.229.8398 and press 3
                             781.938.4444 ext. 256
      Email:              support@inmagic.com
    2. Software Releases. Inmagic will make available to Customer such point releases, updates, upgrades, Service Packs (minor patch releases resolving critical bugs) and/or enhancements to the Software which Inmagic makes generally available to its Maintenance Customers at no additional charge when available. Customer shall be responsible for the installation and/or upgrade of the software. In the event that the Customer requests or necessitates more than one hour of Technical Support for the installation or upgrade of the software or applying a Service Pack, the Customer will be billed for such Services at Inmagic's standard rates then in effect. In the event that Inmagic Professional Services are required, the Customer will be billed for such Services at Inmagic's standard rates then in effect. As Inmagic makes available software releases, Inmagic reserves the right, at its sole discretion, to discontinue or modify the terms and conditions of support for non-current releases and versions.
    3. Excluded Services. Excluded from the coverage of this Agreement are services resulting from misuse or modification of the Software by Customer, failure or interruption of any electrical power, or any accident or other cause external to the Software, including, but not limited to problems or malfunctions related to Customer's network, database, third party software products, and/or workstation configurations or Customer's hardware. Such excluded services, and additional consulting services such as training, setup and technical integration may be contracted for separately at Inmagic's then current labor rates, subject to Inmagic's agreement.
    4. Customer's Responsibilities. Customer is responsible for (i) notifying Inmagic of all problems for which Customer requires assistance, and (ii) allowing, if necessary, access to the Software, and (iii) the assistance of a qualified Customer representative, so that Inmagic can perform Maintenance Services hereunder.
    5. Support Knowledgebase. Customer will have 24/7 access to the Inmagic Support Knowledgebase.
    6. Incidents.
      1. The following indicates the number of technical support incidents provided under an annual maintenance agreement:



        Product Number of Incidents Provided
        Presto Unlimited
        Genie* Unlimited
        Genie Express* 9
        Content Server – Workgroup 9
        Content Server – Standard Unlimited
        DB/TextWorks (Single Node) 2
        DB/TextWorks (5 Node) 6
        DB/TextWorks (Single Node) and WebPublisher PRO 9
        DB/TextWorks (5 Node) and WebPublisher PRO 9

        *Genie and Genie Express maintenance covers both the application and its Content Server platform.
      2. Incident Notes:
        • When a Maintenance Contract expires, any unused incidents are lost and not rolled over.
        • Prior to expiration of a current Maintenance Agreement, customers may purchase additional incidents in increments of three.
        • Each incident is logged and receives a unique identifier ("case number").
        • An "incident" is one event (problem/issue/question). The event must be defined as a problem with the software whether it involves installation, configuration or use. Additionally, any assistance in understanding how the products work or how to use them is considered an incident. Resolving/addressing this event/problem/issue can take a few minutes or a few days, regardless, it is counted as one "incident". There is no time limitation defined for an “incident,” except for installation support (see below).
        • Examples of items that are not considered incidents:
          • Request for documentation
          • Lost passwords or serial numbers
          • Request for a product feature
          • Complaint regarding a process, feature, product, etc.
          • An issue that resulted due to a bug within the software.
  5. Support for Installation and Upgrade of Products. Technical Support will provide a maximum of one (1) hour of support, during installation or upgrade of a product. Customers who require more extensive assistance with their installations may purchase one of our pre-packaged "Jumpstart" service engagements. Jumpstarts are provided by an experienced member of the Inmagic's Professional Services Group who will handle all aspects of your installation for you either remotely or on site. More comprehensive Jumpstart packages also include support for converting your databases, configuring your application software or providing specialized customizations. Contact your Inmagic Account Representative or the Inmagic Customer Service Center at 1.800.229.8398 x258.

    For products that have a limited number of Technical Support incidents, installation support (as described above) will count as 1 incident.
  6. Limited Warranty. INMAGIC WARRANTS THAT THE MAINTENANCE SERVICES WILL BE PERFORMED IN A WORKMANLIKE MANNER IN ACCORDANCE WITH INDUSTRY STANDARDS. INMAGIC MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUBJECT MATTER OF THIS SUPPORT AND MAINTENANCE CONTRACT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY OF ANY KIND RESPECTING ANY MAINTENANCE SERVICES PERFORMED HEREUNDER OR ANY MATERIALS FURNISHED HEREUNDER.
  7. Limitation of Liability. THE CUMULATIVE LIABILITY OF INMAGIC TO CUSTOMER FOR ALL CLAIMS ARISING UNDER OR RELATED TO THIS SUPPORT AND MAINTENANCE CONTRACT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE MAINTENANCE FEES PAID TO INMAGIC WITHIN THE PRIOR YEAR. IN NO EVENT WILL INMAGIC BE LIABLE TO CUSTOMER FOR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF INMAGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

 

© 2007 Inmagic, Inc. 200 Unicorn Park Drive, Fourth Floor, Woburn, MA 01801 781.938.4444  Toll-free: 1.800.229.8398