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No action or claim relating to this Agreement may be instituted more than one (1) year <br />after the event-giving rise to such action or claim. This contract will be governed and <br />construed in accordance with the laws of the Orange County, CA, and any action taken <br />regarding this agreement will take place in California. <br />6. Maintenance and Future Improvements. <br />This License entitles Customer to the following maintenance services: Document <br />Express Software upgrades, continuing compatibility with ERP Applications, forms <br />design and interface changes resident to an E1ZP Software upgrade, and customer service <br />and technical support through July 1, 2009. The initial maintenance (from purchase to <br />July 1, 2009) is included in the Combined system purchase price/License Fee. Upon the <br />signing of this Agreement, Customer and MHC have entered into the following <br />Maintenance Agreement: commencing after July 1, 2009 and continuing for a term of <br />three years thereafter, Customer will receive all maintenance, support and future <br />improvements to the Software. Customer agrees to pay an annual fee equal to 18% of the <br />current list yrice at the time the maintenance fee is due as specified in Exhibit B. Annual <br />payments will commence on July 1, 2009 and continue for a period of three years. At the <br />end of the first and successive three years terms, the Maintenance Agreement shall <br />automatically renew for a successive three year term unless thirty days written notice is <br />given by either party to the other in advance of the expiration of such three year term. <br />The Maintenance Agreement also entitles the Customer to ongoing customer service and <br />technical support while the maintenance contract is in effect. MHC shall provide <br />telephone support during the hours of 8:00 am to S:OOpm Central Time, Monday through <br />Friday, exclusive of national holidays. <br />a. Support window of 8:OOam to S:OOpm Central Standard Time Support. <br />b. During crucial processing times, the Document Express Support Team <br />will make a member available for after hours calls. Examples of these <br />situations include a first live run using the software or a special payroll <br />run. Any special hours must be schedule ahead of time with a Document <br />Express Support Team member. <br />c. Response times to support calls are handled within four hours; however, <br />knowing the crucial nature of printing checks, calls are usually handled <br />much faster. <br />d. Emergency situations can be handled with a paging option this is for <br />emergency calls during normal support hours. All calls are routed through <br />the Document Express Customer Service Team. The service team will <br />escalate the calls if necessary getting a technical staff member involved to <br />help with trouble shooting or programming changes. <br />The Maintenance Agreement does not include additional Custom Programming Services <br />not licensed for under this Agreement, on-site support or training, and hardware or <br />related supplies. <br />