Laserfiche WebLink
Termination <br />(a) Termination for Payment Defaults In the event that the Client fails to pay when due all or <br />any portion of the annual maintenance and support fees required, Tiburon may immediately, and <br />without further notice to the Client, terminate these Maintenance and Support Guidelines or <br />suspend all or any portion of the services hereunder for all or any portion of the Tiburon proprietary <br />software applications until the Client's account is brought current. <br />(b) Termination for Other Defaults In the event that either party hereto materially defaults in <br />the performance of any of its obligations hereunder (other than payment defaults covered above), <br />the other party may, at its option, terminate these Maintenance and Support Guidelines, by <br />providing the defaulting party thirty (30) days' prior written notice of termination, which notice shall <br />identify and describe with specificity the basis for such termination. If, prior to the expiration of such <br />notice period, the defaulting party cures such default to the satisfaction of the non-defaulting party <br />(as evidenced by written notice delivered by the non-defaulting party, termination shall not take <br />place. <br />(c) Consequences of Termination Upon termination of this Agreement for whatever reason, <br />(a) Tiburon shall be under no further obligation to provide support or any other services hereunder; <br />(b) Tiburon shall return to the Client all Client confidential information in Tiburon's possession and <br />shall certify in a written document signed by an officer of Tiburon that all such information has been <br />returned; (c) the Client shall return to Tiburon all Tiburon confidential information in the Client's <br />possession (including, without limitation, all devices, records, data, notes, reports, proposals, lists, <br />correspondence, specifications, drawings, blueprints, sketches, materials, equipment or other <br />documents or property relating to such Tiburon confidential information and all copies of any of <br />the foregoing (in whatever medium recorded) but not including any such information licensed to <br />and paid for by the Client and shall certify in a written document signed by the authorized Client <br />representative that all such information has been returned. <br />Exclusions to Support Services <br />The following services are outside the scope of the Technical Support Services provided by <br />Tiburon and may result in additional charges, on a time and material basis: <br />(a) Repair of damage or the increase in service time due to any cause external to the <br />System which adversely affects its operability or serviceability, including but not be limited to, fire, <br />flood, water, wind, lightning, and transportation of the System from one location to another; <br />(b) Repair of damage or the increase in service time caused by failure to continually provide <br />a suitable installation environment, including, but not limited to, the failure to provide adequate <br />electrical power, air conditioning or humidity control, or the Client's improper use, management or <br />supervision of the System including, without limitation, the use of supplies and accessories. <br />Proper use and environmental requirements are determined by the Product documentation; <br />(c) Repair of problems caused by the use of the System for purposes other than for which it <br />is designed; <br />(d) Repair of problems caused by changes to the Hardware and/or the network made without <br />obtaining Tiburon's prior approval;