A-61578 September 2006 19
H. Depot Service (if applicable). If Kodak determines the Product is
not operating consistently within manufacturer’s specifications,
Kodak will instruct the Customer regarding shipment of the
Product to Kodak for repair. Kodak will repair the Product and
return the Product to Customer.
I. Software Product. Kodak will provide Maintenance Upgrades,
Software Patches and telephone assistance of a technical nature
on licensed Kodak Software Product only. Kodak may issue
Maintenance Upgrades or Patches and/or provide for on-site
services necessary to correct errors that significantly affect
software performance in accordance with Kodak’s Software
Product operating specifications. Unless Product documentation
states otherwise, support will be provided for the current and
previous Version Release of the licensed Kodak Software
Product. For licensed Kodak Software Product, maintenance
Upgrades and Patches are at no charge and include one copy of
the user’s manual and/or changes.
Kodak reserves the right to develop new features and
functionality improvements, which will be offered to Customers as
Version Releases under a separate price schedule.
Kodak will provide the same revision level of firmware and/or
drivers on any replacement hardware part or subsystem (drives,
library controller, etc.) within the library, during a “break fix”
service call. Kodak will not provide direct software/firmware
patches and upgrades for OEM Products, including patch
analysis, recommendation, management and implementation of
software, patches, drivers, and firmware versions for tape
storage products and/or systems.
NOTES:
- All software and/or changes are subject to the terms and
conditions of the Kodak Software License Agreement that
was in effect at the time the software is licensed from Kodak.
License Terms are applicable as long as the software is being
used, even if maintenance services are no longer available.
- Some Kodak Software Products are licensed under a
Renewable Software License Agreement which includes an
annual license fee that grants Customer a “Right to Use” the
software and to receive the maintenance services defined
above as long as maintenance services are available.
Customer shall refer to the applicable software license to
determine its exact rights.
J. Parts. Items as referenced in the manufacturer’s manual(s)
require to maintain Products operating consistently within
manufacturer’s published specifications may not be included in
this Agreement and will be invoiced separately. Parts or
components replaced by Kodak will be either new or
remanufactured to manufacturer’s new product standards. Parts
removed from the system and replaced at no charge become the
property of Kodak.