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| Planned
Maintenance may not be available in some counties
(Time & Materials support will apply) |
If
the product version you have purchased includes "Planned Maintenance",
or you have purchased "Planned Maintenance" separately
then the following information applies to you:
THIS PLANNED MAINTENANCE MEMBERSHIP AGREEMENT (this "Maintenance
Agreement") is entered into between Software Marketing
Corporation and the company or person who has purchased
a license for The Product that includes Planned Maintenance
Membership ("you" or "user").
Software Marketing Corporation licenses the software
product lines known as LeaveRegister™ ASSIST, LeaveRegister™ ASSIST Web Add-On,
PrepManagement and BudgetWizard. You warrant that you
have purchased a license(s) to use one or more product(s)
("The Product") in the Software Marketing
product lines. Software Marketing Corporation and you
agree as follows:
1. Software Marketing Corporation agrees to provide
you with access to no-added-cost updates and upgrades
of the Product (via Supplier's web site, ftp site,
or both) during the term of this Maintenance Agreement.
2. Software Marketing Corporation agrees to provide
priority technical support services to you at 50% of
their normal cost via e-mail, or telephone, eight hours
per day, five days a week, during the term of this
Maintenance Agreement. (Please note: Software Marketing
Corporation does not accept collect calls.)
3. This Maintenance Agreement entitles you to discounts
on future product lines from Software Marketing Corporation
of between 25% - 50% of their normal retail cost. These
discounts are applied at the discretion
of Software Marketing Corporation.
4. At each renewal of this agreement, you shall pay
the then current price for Planned Maintenance for
each of your copies of the Product or for your entire
license.
5. You agree to pay when due (or, if necessary, reimburse
Software Marketing Corporation for) any applicable
sales, use, property, excise, GST, and other similar
taxes.
6. This Maintenance Agreement has an initial term and
extends in successive terms until cancelled in writing
by Software Marketing Corporation or by you. Cancellation
shall be effective upon delivery of the written notice.
You acknowledge that any unused time during a one-year
period from invoicing for this maintenance agreement
will not result in a refund, and you further acknowledge
that cancellation will have the effects described in
paragraph 7, below.
7. Software Marketing Corporation shall invoice you
for renewal payments for Planned Maintenance until
cancelled. If you fail to make the renewal payment,
Software Marketing will cancel your Planned Maintenance.
You acknowledge that, in the event your Planned Maintenance
is cancelled, you will not be able to re-establish
Planned Maintenance coverage except by purchasing a
new license(s) or with the establishment of a new agreement.
8. This Support Agreement is entered and is to be performed
in New Zealand. This Support Agreement shall be governed
by and construed under the laws of New Zealand.
9. By purchasing a version of The Product that includes
Planned Maintenance Membership, you agree to be bound
by the terms of the Planned Maintenance Membership
Agreement provisions described herein.
Once signed this agreement becomes a legally binding
agreement between the parties listed below;
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For
and on behalf of Software Marketing Limited: |
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For
and on behalf of ("you" or "user"): |
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