AWS NATIONAL ACCOUNTS 1-2004 - Laserfiche WebLink

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6. Discounts. 6.1 Service Discounts. 6.1.1 Measured Annual Service Discount. Qualified Charges incurred in connection with Voice Service under the BlackBerry Solution will receive the Service Discount described in the Agreement. . Notwithstanding the provisions of the Agreement including, without limitation, the AT &T Wireless Mobile Internet Service Attachment, Purchasing Entity understands and agrees that Qualified Charges incurred in connection with Wireless Data Service under the BlackBerry Solution will not receive the Service Discount. 6.1.2 Service Discount Application. Service Discounts related to Qualified Charges in connection with Voice Service under the BlackBerry Solution can only be applied through a direct credit to an End User's invoice. 6.1.3 Definitions. For purposes of the Agreement, the definition of "Qualified Charges" shall not include charges for the Third Party Software and the Professional Services. Rather, any and all such charges shall be included in the definition of "Non- Qualified Charges" set forth in the Program Description. 6.2 Equipment Discounts. Notwithstanding anything to the contrary in the Agreement, Purchasing Entity will not receive the Equipment discount set forth in the SES with respect to BlackBerry Handhelds. 7. Employee Benefit Program. Individual Responsibility Users subscribing to the BlackBerry Solution will also be bound by the terms and conditions of all applicable Third Party Software (including, without limitation, the BlackBerry Desktop Software). 8. Additional Terms and Conditions for the BlackBerry Solution. In addition to the terms and conditions of the specific AT &T Wireless GSM/GPRS rate plans available for the BlackBerry Solution, and to the terms and conditions set forth elsewhere in the Agreement, the following terms and conditions apply specifically to the BlackBerry Solution: 8.1 Charges. In addition to the provisions of the Master Price Agreement regarding payment of charges, Purchasing Entity acknowledges and agrees that it will also pay all charges associated with the BlackBerry Solution, including, without limitation, all charges related to the Third Party Software and the Professional Services. 8.2 Voice Service Under The BlackBerry Solution. When using the AT &T Wireless GSM /GPRS network, for all incoming and outgoing Voice Service, the length of the call will be measured during the time that the call is connected to AT &T Wireless' system, which is approximately from the time the End User initiates or answers a call, whether through the Trackwheel navigational tool or other appropriate selection mechanism, until approximately the time the first party terminates the call. 8.3 Equipment Compatibility. The BlackBerry Handhelds sold by AWS to Purchasing Entity will be compatible with the BlackBerry Solution and will meet federal standards. 8.4 Limited Warranty for Professional Services. Notwithstanding anything to the contrary in the Agreement, AWS warrants that the Professional Services will be performed in a professional and workmanlike manner. This limited warranty does not apply to conditions resulting from improper use, external causes (including, without limitation, services or modifications not performed by AWS), or operation outside the environmental and other parameters specified for the BlackBerry Enterprise Server. 8.5 Additional Limitations of Liability. 8.5.1 Professional Services. Notwithstanding anything to the contrary in the Agreement, in no event shall the aggregate liability of AWS to Purchasing Entity for breach of §8.4 above or otherwise arising from, out of, relating to, or in connection with the Professional Services (including, without limitation, any third party claims) exceed the amounts paid by Purchasing Entity to AWS for the Professional Services. 8.5.2 Third Party Software. Notwithstanding anything to the contrary in the Agreement, in no event shall the aggregate liability of AWS to Purchasing Entity arising from, out of, relating to, or in connection with the Third Party Software (including, without limitation, any third -party claims) exceed the amounts paid by Purchasing Entity to AWS for the Third Party Software. 8.6 Privacy. In addition to the provisions of the Agreement, Purchasing Entity understands and agrees that: (a) although the law generally prohibits the unauthorized interception of and/or access to electronic data, privacy carrot be guaranteed; and (b) AWS will not be liable for any unauthorized interception of and/or access to electronic data. 8.7 Purchasing Entity's Notices to End Users. In addition to the provisions of the Agreement relating to Service and Equipment generally, Purchasing Entity specifically agrees that it will advise all of its End User that they must read all collateral materials concerning the Blackberry Solution and use of the BlackBerry Handheld, including, without limitation, the AT &T Wireless Welcome Guide at AWS WSCA Blackberry attachment 073102A °19 111cr A oi_ ,_i.,......_....,.t...._... 0:73101 a_..