INTERGRAPH, INC. 1 -2002 - Laserfiche WebLink

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Premitun Se~wice may not be awfilable for all so,rare products. 3,2 Advantage Service Advantage service includes the following coverage: (a) Unlimited support via Help Desk (stm~dard business hot,rs) or Web. (b) Twenty-four-bottr-per<tay/seven4ays-per-week access to problem Knowledge Base, an on-line self-help tool. (c) Thc ability to peffoma Web queries, submit updates, and obtain status of sea-Ace requests 24 hours per day, 7 days per week. ,Advantage Sm4ce docs not provide the Customer with upgrades or new releases to any so~vare, Advantage Service may not be available on all so,yarc products. 33 Incident Service Incident service is defined as phone support for the number of incidents purchased or one yem-, whichever comes fi~t. The Customer can purchase additional incident packs at any time. An "incident" is a problem that cannot be broken down into subordinate problems. For a request with subordinate problems, each problem is considered a separate incident, and therefore must be submitted as a separate support request. Determination of what constitutes a separate incident will be at lntergraph's discretion. Incident service does not provide the Customer with upgrades to any softxvare. Incident sen'ice may not 'ac available for ail software prodncts. 4.0 LAPSE IN SOIZI~VARE MAINWENANCE COVE'RAGE Sofb,vam reinstatement fees w~l[ bo applicable if there is a lapse in maintenance service. Intergraph ,Mil provide a quotation upon request. 5.0 WARRANHES INq'ERGRAPH WARRANTS FOR A PERIOD OF THIRTY (30) CALENDAR DAYS FROM THE DATE OF SIt]laMENT THAT SOFI~VA~ DELIVERY NFlh2DIA SHALL BE FREE FROM DEFECT ~N MATERIAL OR WORKMANSHIP. EVrERGRAPH DOES NOT WARRANT THAT THE SOFTWARE ~,VIEL MEET CUSTOMER'S REQUIREMENq'S, AND UNI)ER NO CIRCUMSTANCES DOES INTERGRAPH WARRANT TIIAT THE SOIq~VARE WILL OPERATE UNINTEICRUPTED OR ERROR FREE. INTERGRAPH'S ENTH~, IAABILITY UNnDER TtfIS WARRAN'I'Y AND CUSTOMER'S EXCLUSIVE REMEDY SHALL BE Al' INTERGRAPH'S SOLE AND ABSOLIFI'E DISCRETION, (1) EH'HER THE REPAIR OR REPLACEMENT OF ANY SOFT~VARE lq'EM THAT DOES NOT MEET THE RESPECTIVE WARRANTIES GIVEN ABOVE OR (2) A REFUND OF THE CHARGES FOR THE WARRANTED ITEM. THE FOREGOING WARRANTIES ARE VOID 1E FAIEURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR ENDIRECTLY, FROM AN UNAIfI'HORIZED MODIFICATION OF A WARRANTED ITEM; AN UNAUTHORIZED ATI'EMPT TO REPAIR A WARRAaNTED ITEM; OR NHSUSE OF A WARRANTED ITEM, 12NCLUDING WrrHOUT LI~HTATION USE OF h,VARRANTED ITEM UNDER ABNOILMLAL OPERATING CONDITIONS OR 5VITHOUT ROUTINELY 3L41NTALNIkNG A ~VARRANTED ITEM. CUSTOMER SHALL PROMPTLY NOTIFY INTERGRAPH OF ANY SUSPECTED DEFECTS IN SOFTWARE DELIVERY MEDIA. 6.0 DISCLAEVIER THE FOREGOING WARRAN'IIES ARE IN LIEU OF ALL OTItER WARRANTIES, WHETHER EXPRESS OR EVIPLIED. LNTERGRAPH DISCLAIMS ALL OTItER WARRANTIES, $VHETHER EXPRESS OR EM]PLIED, VflTH REGARD TO SOFISVARE OR SERVICES SUPPLIED tIEREUNI)ER, INCLUDING ALL I~IPLIED WARRANTIES OF MERCIIANTABIL1TY ANI) Fl 1 NESS FOR A PARTICULAR PURPOSE. 7.0 LIMITATION OF LL4BILITY IN 1ERGRAPH SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUT, Nq'IAL, INCIDENTAL SPECIAL, PUNFflVE~ OR DIRECT DAMAGES, ARISING OUT OF, OR ENr CONNECTION WITIt TIlE FOREGOING WARRANTIES, OR TILE PERFORMANCE OF TItIS CONTRACT, LNCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT, OR LOSS OR CORRUPTION OF DATA. IN NO EVENT SHALL LNq'ERGRAPH BE RESPONSIBLE FOR DA3VIAGES IN EXCESS OF THE AMOUNT DUE AND PAYABLE, OR OTHERWISE OUTSTANDING,