ACTIVE NETWORK, THE 3-2013 - Laserfiche WebLink

Home Browse Search

GENERAL TERMS (i) install one copy of each Module on a single Workstation for each license granted to Customer therefor as set out in the Pricing Form; and (i3) permit Users using such Iicensed Workstations) to use such Modules) provided, for greater certainty, that the Modules may be in Concurrent Use not to exceed the number of licenses granted to Customer therefor as set out in the Pricing Form. (e) Customer hereby acknowledges that the mechanism utilized by the Licensed Software to control the number ofUsers or Online Client Access which can simultaneously access and use Server -based On -line (Internet) Modules is based upon the number ofUsers who have at any time logged into Customer's computer network using their passwords, such that any User so logged into such network in a manner that would automatically enable the User to access and use such Modules will reduce by one the number of Users able to simultaneously access those Modules, regardless of whether or not such Usar is in fact accessing or using any such Module. Customer hereby waives any claim, and releases TAN from any such claim and from any losses or damages Customer suffers in relation thereto, in connection with the inability of Users to simultaneously access such Modules where such inability is the result of inactive logged -in Users absorbing available login access. 20.2 Additional Copies. Customer will not make any copies of the Licensed Software except as necessary for the installation permitted hereby and except for: (a) copies of each Module licensed hereunder for training and testing purposes, and (b) for backup purposes, provided that all electronic copies made include screen displays ofTAN's proprietary or intellectual property notices as recorded on the original copy provided by TAN and Customer affixes a label to each disk, reel, or other housing for the medium on which each physical copy is recorded setting out the same proprietary and intellectual property notices as appear on the unit of Licensed Software from which the copy is made in the same manner as those notices appeaz on that original copy. 21. LICENSED SOFTWARE FEES 21.1 In respect of each Module, Customer shall pay to TAN all applicable Licensed Software fees listed in the Pricing Form upon delivery (as defined in Section 2.3) of the Licensed Software. 22. MAINTENANCE SERVICES 22.1 TAN will develop new Releases and new - Versions of Licensed Software in accordance with the procedures and other particulars set out in the Support and Maintenance Handbook attached as Exhibit 3. 22.2 Provided that Customer continues to subscribe for Support and Maintenance in respect of a particular Licensed Software Product, TAN will provide to Customer, either in physical form by mail or courier or in electronic form via the Internet, new Releases and Versions (and appropriate documentation) for such Licensed Software Products on awhen- and -if- available basis. 23. EXCLUDED SUPPLIES AND SERVICES Without limitation, the following supplies and services aze excluded from Support and Maintenance: (a) Services which are required to remedy problems that stem from changes to or defects in system configuration upon which the Licensed Software was initially installed; (b) Services which are required to remedy problems which do not stem from any defect in Licensed Software; (c) Services which aza required to remedy problems caused by lack of training of Customer's personnel or improper treatment or use of the Licensed Software; (d) Fult report customization service; (e) Any and all hardware support, maintenance or troubleshooting issues, except as described is section 28 regardless of the source of such hardwaze. 24. FEES FOR SUPPORT AND MAINTENANCE 24.1 Support and Maintenance services begin for al] Licensed Software listed in the Pricing Form on the Support and Maintenance Start Date. The cost for Support and Maintenance services is payable annually in advance and is due in its entirety thirty (30) days from date of TAN's delivered invoice. Customer may elect to specify a prefenred alternate Support Renewal Data by so notifying TAN in writing. If an alternate preferred Support Renewal Date is specified, the cost of Support and Maintenance will be prorated from the anniversary of the Support and Maintenance Sffirt Date to the specified Support Renewal Date. Thereafter, the Support and Maintenance fee is payable in advance on every annual anniversary of the Support and Maintenance Start Date or, if there is a Support Renewal Date, every anniversary of the Support Renewal Date (the applicable anniversary being the "Support Renewal Date "). TAN will provide invoices to Customer for all such amounts, such invoices due on the later of (a) the Support and Maintenance Start Date or applicable Support Renewal Date, as applicable, and (b) thirty (30) days from the date of the invoice. 24.2 For the first year of this Agreement commencing with the Effective Date, Support and Maintenance pricing shall be equal to twenty -five percent (25 %) of the gross software license fees. Support and Maintenance pricing for al] successive years shall be equal to twenty -five percent (25 %) of the gross software license pricing charged by TAN £or equivalent software as of the date of each such renewal year, provided, however, that any increase in TAN's annual Support and Maintenance pricing for any renewal year shall not exceed ten percent (]O %) of the renewal fees charged in the prior year. Any additional software licensed to Customer by TAN will increase the total gross software license fees upon which Maintenance and Support pricing is based. TAN will provide invoices to Customer for renewal fees up to 60 days prior to expiration of each term.