DICTAPHONE CORPORATION 1 - Laserfiche WebLink

Home Browse Search

'. . . EXHIBIT A-I MAINTENANCE PLAN (CRS Products) ASSURED PERFORMANCE PLAN (APP) This Assured Perfonnance Plan (this "APP") sets forth the tenns for software and hardware maintenance coverage on the Products (other than healthcare/lVS related-products) purchased, leased or rented by Customer in accordance with the agreement by and between Dictaphone and Customer to which this exhibit is attached. All capitalized tenns used and not otherwise defined herein shall have the same meanings assigned to such tenns in the agreement by and between Customer and Dictaphone, to which this APP is attached. OPTION I - STANDARD 8x5 COVERAGE 1. Maintenance Availabilitv, For a period not to exceed five (5) years from the date of original sale, and subject to the tenns and conditions hereof, Dictaphone Corporation ("Dictaphone") will maintain, for the original purchaser ("Customer"), the Dictaphone supplied hardware (the "Equipment") and Dictaphone supplied software (the "Programs," collectively with the Equipment, the "Products") covered hereby in an efficient operating condition (subject to the limitations of licensed third party software), including software "bug" fixes, patches, or shop repairs or overhauls if deemed necessary by Dictaphone pursuant to this Assured Perfonnance Plan ("APP"), option (I or II) as selected by Customer. Service contemplated hereby is on a year-to-year basis at the prevailing maintenance rate each year or as may otherwise be provided herein, provided that the Products are placed under this APP within one year from date of original sale, and this APP is continued in force without lapse. Any renewals or extensions of this APP beyond the initial five year availability period described above shall be mutually agreed upon by Dictaphone and Customer. 2. All necessary replacement parts will be furnished to Customer by Dictaphone without charge, except when replacement is required because of (i) fire, flood or other casualty, accident, abuse, misuse, mishandling, power line fluctuations, computer viruses unattributable to Dictaphone, or use of recording media, disks, ribbons, printwheels, or consumables other than a type or specification recommended by Dictaphone or (ii) use or operation with equipment, systems, peripherals or software not supplied to Customer by Dictaphone. The labor cost for repair or replacement of record or reproduce head assemblies associated with multi- channel recording and reproducing equipment is covered by this APP. 3. No charges will be made for necessary service calls during Dictaphone's Nonnal Working Hours, except when caused by the events listed above in Section 2. Dictaphone will not be obligated to provide service outside of Dictaphone's Nonnal Working Hours unless Customer has selected Option II. Service calls after Dictaphone's Nonnal Working Hours will be charged at Dictaphone's then standard hourly overtime rates unless Customer has selected Option II. Nonnal Working Hours are defined as: 8:00 a.m. (0800 hours) to 5:00 p.m. (1700 hours), Monday through Friday, excluding U.S. federal holidays. 4. Problems caused to the Products covered by this APP by (1) any non-Dictaphone software used with Equipment by Customer or (ii) the use or operation of any equipment, systems, peripherals or software not supplied to Customer by Dictaphone, are not covered hereunder. This includes, but is not limited to, computer viruses unattributable to Dictaphone. Dictaphone's representative, at Customer's request, will attempt to correct any problem contemplated by this Section and restore the Programs or Equipment covered by this APP to original operating condition at the then current standard hourly rate. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, DICTAPHONE SHALL NOT BE LIABLE HEREUNDER FOR ANY INCIDENTAL, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST REVENUE) OF ANY KIND. 7