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Professional
Maintenance/Support Plan Terms &
Conditions |
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General
Policies Atlantis Software reserves the right to limit each telephone call to one
hour and to limit each call to one incident. Atlantis Software may also limit or
terminate support service to a customer who uses the service in an irregular,
excessive, abusive or fraudulent manner. Terms, conditions, support features,
procedures, pricing and support availability are subject to change at any time
without notice. Coverage is non-transferable and is valid for the individual
purchaser only. Professional Maintenance/Support Plan is available only to end
users.
Service
Availability Support is limited to 12 months from the date of enrollment in
Professional Maintenance/Support Plan. Service availability may occasionally
deviate from stated hours, due to downtime for systems and server maintenance
and observed U.S. holidays.
Support Topic
Limitations Inquiries are limited to the following Atlantis Software product areas:
installation, upgrade assistance, basic usability and basic functionality, as
described in Atlantis Software's product documentation. Atlantis Software will
also assist Professional Maintenance/Support Plan customers with basic network
management issues for the purpose of using Atlantis Software products.
Professional Maintenance/Support Plan support does not cover custom
programming.
Supported Atlantis Software
Products Professional Maintenance/Support Plan is available for all current
Atlantis Software products. This agreement is subject to change at any time.
Limitation of Liability and
Damages Atlantis Software's sole liability, and the customer's sole remedy, for
any loss suffered by the customer arising under the Professional
Maintenance/Support Plan will be a refund of Professional Maintenance/Support
Plan fee paid by the customer for the 12-month period during which the loss is
suffered. Under no circumstances will Atlantis Software be liable to the
customer for consequential damages.
Disclaimer of
Warranties PROFESSIONAL MAINTENANCE/SUPPORT PLAN SUPPORT SERVICES ARE PROVIDED "AS
IS." ATLANTIS SOFTWARE HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,
EXPRESS AND IMPLIED, REGARDING THE SERVICES OR ANY RELATED MATERIALS, INCLUDING
FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, ACCURACY AND
NON-INFRINGEMENT. IN NO EVENT SHALL ATLANTIS SOFTWARE BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND
ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THE SERVICES AND INFORMATION PROVIDED. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Privacy
Policy Atlantis Software will contact Professional Maintenance/Support Plan
customers, from time to time during the membership period, by mail, phone, fax
or e-mail to deliver Professional Maintenance/Support Plan
newsletters and other special
Professional Maintenance/Support Plan materials, to advise customers when their
memberships are about to expire, and to measure their satisfaction with the
Professional Maintenance/Support Plan. BY APPLYING FOR PROFESSIONAL
MAINTENANCE/SUPPORT PLAN MEMBERSHIP, EACH CUSTOMER EXPRESSLY AUTHORIZES ATLANTIS
SOFTWARE TO MAKE CONTACT FOR THE FOREGOING REASONS AND OVERRIDES ANY CONTRARY
INSTRUCTION THE CUSTOMER MAY HAVE PREVIOUSLY GIVEN ATLANTIS
SOFTWARE. Atlantis
Software does not rent the Professional Maintenance/Support Plan customer list
to third parties for solicitation purposes.
Refund
Policy A
customer may cancel a Professional Maintenance/Support Plan membership during
the first 60 days after purchase or renewal and obtain a refund for the current
membership period. The full Professional Maintenance/Support Plan fee, less a
reasonable cancellation charge, will be refunded if the customer has made no use
of the Plan support during the 60-day period. If the customer has used the
Professional Maintenance/Support Plan support during the 60-day period, the
amount refunded will equal the Professional Maintenance/Support Plan fee, less
the cost of any telephone or electronic support incidents used by the customer,
less any received product discounts and less a reasonable cancellation charge.
The cost of each support incident will be charged at the then-current minimum
rate charged by Atlantis Software for support to customers who are not
Professional Maintenance/Support Plan members. |