FaxPress Support Services Terms and Conditions

FaxPress Support Services Terms and Conditions

1.Definitions

“Current Release” means the most current release of the Software listed on Castelle's published price list. “Error” means the failure of the Software to perform substantially in accordance with the Documentation.

"Documentation" means technical manuals and other documentation relating to the use of the Hardware and Software, which are delivered with the Product.

"Hardware" means the fax server equipment provided as part of the Product.

"Previous Sequential Release" means the release of Software, which has been replaced by the Current Release.

"Product" means Castelle's FaxPress product which is enclosed herewith and which has been purchased by Customer.

"Software" means the Castelle FaxPress Network Software programs contained in the Product, including all corrections, modifications, enhancements, Upgrades and Updates to such software, which may be pro- vided to Customer by Castelle.

"Services" or "Support" means in general the services or support provided by Castelle to Customer pursuant to and under the terms of this Agreement, whether Standard Support or Extended Support as the case may be.

"Upgrades" means one (1) copy of all major revisions and corrections to the printed Documentation and/or the Software that are made generally available by Castelle to its customers who are entitled to receive Support Services.

"Updates" means one (1) copy of minor Software patches that are made generally available by Castelle to its customers who are entitled to receive Support Services.

2.Customer Responsibilities

You will provide Castelle reasonable access to all necessary information and personnel to answer questions about any problems reported by Customer regarding the Product. You also agree to promptly implement all Updates and Upgrades provided by Castelle.

You will ensure that one Extended Support contract is associated only with one registered Product.

3.Exclusions

Castelle has no obligation to provide any Support Services relating to problems arising out of: (i) Customer's failure to implement all Upgrades and Updates provided to Customer; (ii) use of the Software on a CPU other than the designated CPU for which such Software was designed and licensed for use; (iii) neglect, misuse, or accidental damage of the Hardware and/or Software; (iv) modifications, corrections, or workarounds performed by a person not authorized by Castelle; and (v) the use of the Software and/or Hardware with computer hardware, software, supplies or materials not meeting Castelle's specifications as provided in the Documentation.

Castelle has no obligation to repair or replace any Hardware for any FaxPress product models that Castelle has determined obsolete.

Castelle reserves the right to decline to support any Hardware or Software that has not been on continuous support with Castelle or has been modified by Customer or a third party without Castelle's

15

Page 16
Image 16
Castelle manual FaxPress Support Services Terms and Conditions