CorSupport CORMIX SOFTWARE TECHNICAL SUPPORT AGREEMENT
This is a legal agreement between you (End User), and MixZon Inc (MixZon). The license agreement between the parties, as designated by the serial number, continues to govern all relations between MixZon and Customer. All benefits flowing to licensee under this support contract are dependent on licensee's status as a licensee in good standing.
1. GRANT OF LICENSE
MixZon by its acceptance hereof, hereby grants to End User (Customer), a support contract for the CORMIX software program (the Product) , the herein described supplemental support service to the software license.
2. SCOPE OF SERVICE
Support will be provided for the current release of the CORMIX Product. MixZon will investigate all software problems which are documented and submitted on MixZon's Product Report Form. All verifiable errors, defects, or malfunctions in the Product will be promptly scheduled for program review, and MixZon shall make a best effort to correct all software problems, provide product updates, or develop a reasonable alternative solution for such problems. MixZon shall have no obligation to provide support, including but not limited to installation, maintenance, debugging and improvements, for CORMIX software, except as MixZon at its sole discretion, shall determine to be reasonable. Examples of such reasonable alternatives include, but are not limited to, provision of a temporary correction or temporary methods of circumvention.
Under terms of this contract, MixZon will provide any interim fixes to the current released version of the Product which may become available from MixZon during the contract period. Reasonable fees for documentation, distribution, media, shipping and handling charges will be borne by the customer.
MixZon will also provide support via telephone, modem or fax to respond to questions and discussions of procedures, methods, application, and other desired information. MixZon's response time is highly dependent upon communication devices available to MixZon. Customers with email, fax machines and modems receive more timely responses.
3. REPORTING REQUIREMENTS
Customer agrees to limit use of MixZon support services to occasions when the Product fails to work as set forth in the User Manual, Technical Support Documents, or when its application is unclear to the end user. Customer agrees to furnish the case under consideration and/or descriptions of malfunctions in the form requested by MixZon's support staff. Customer also agrees to assist MixZon's efforts to duplicate the software problem reported.
All software problems and enhancement requests shall be reported to MixZon using the MixZon Product/Support/Suggestion/Bug Report Form(s).
Failure to follow the reporting procedure will serve to release the firm from any liability associated with the solutions provided. Consistent disregard for the reporting procedure described above may lead MixZon to revoke the customer's right to use the Technical Support Hotline.
MixZon will make every effort to resolve any submitted software problem in a timely manner. When appropriate, the support staff will provide an estimate of how long it will take for resolution. When required for in-depth analysis, MixZon will require customer cooperation in providing additional testing, documentation, direct access to customer computer or to MixZon's support computer.
4. SOFTWARE SUPPORT NOT COVERED BY THIS AGREEMENT
MixZon, has no obligation under this agreement to support the following:
- Non-current versions of the Product.
- Software problems created by customer negligence.
- Software problems resulting from hardware malfunction.
- Serviced software used on a computer system not authorized under this support contract.
- Advice on CORMIX simulation and modeling for new diffuser and outfall design projects.
- Outfall and Diffuser Design projects.
- CORMIX software licensing and installation support.
5. TERM AND TERMINATION
The support Agreement will become effective the date MixZon receives either a one year, 6 month, 3 month or 1 month subscription payment, a signed enrollment form stating the Product(s) to be covered by this agreement, and validation of software license. This agreement will expire one year, six/three/one month/s, depending on subscription terms, from the effective date of this agreement, unless terminated by either party by reason of and upon any violation of the terms and condition herein.
6. LIMITATION OF LIABILITY AND INDEMNIFICATION
MixZon is not liable for damages including, but not limited to, general, special or consequential damages occurring out of or in connection with consultation services,
training, maintenance services or application advice provided to aid in the implementation of Licensed Software.
Licensee is exclusively responsible for the supervision, management, and control of its use of the Licensed Software.
MixZon shall not be liable for any manner of loss or damage arising out of the use of the materials provided hereunder. Further, MixZon shall not be obligated to indemnify the Licensee in any manner for any loss which Licensee may experience, of any kind or nature, arising out of the use of the materials.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue to be in full force without being impaired or invalidated in any way. This Agreement constitutes the entire Maintenance agreement between the End User and MixZon.
Any notices required to be given or which shall be given under this agreement shall be in writing delivered by first-class mail or telex.
Notices shall be addressed to the parties as follows:
1033 SW Yamhill St.
Portland, Oregon 97205-2539 USA
End User agrees to accept the Licensed Materials on an "as is, with all defects" basis. MixZon makes no warranties, express, implied in law or in fact, including any implied warranty of merchantability or fitness for a particular purpose, or results obtained from Licensee's use of Licensed Materials, or that the use of any Licensed Materials will not infringe on any patent, copyright or trademark or other rights.
This agreement shall inure to the benefit of and be binding upon the parties, and their respective successors and assigns. This agreement shall not be assigned by either party without the written consent of the other party thereto.
11. GOVERNING LAW
This agreement shall be interpreted, enforced and construed according to the laws of the State of Oregon, United States of America.
12. ENTIRE AGREEMENT
This agreement contains the entire agreement between the parties with respect to the subject matter hereof, and it shall not be modified or amended except by an instrument in writing signed by both parties hereto.