THIS AGREEMENT is made by and between:
ALPHA E BARCODE SOLUTIONS PVT. LTD.., a company having its principal place of business located at Ahmedabad , Gujarat. (the "FIRST PART"); - and - an individual ("HERE IN AFTER CALLED SECOND PART ").
Software Maintenance & Support Agreement
This agreement (“Support Agreement”, “Software Assurance”, “Agreement”) is for the purpose of defining the terms and conditions under which Technical Support, Maintenance and Software Upgrades will be provided by ALPHA E BARCODE SOLUTIONS PVT. LTD. (“Vendor”) to the undersigned organization (“Customer”, “Client”) for the support of Software (“Software”).
Software Assurance is an annual subscription that includes: Technical Support, Maintenance and Software Updation.
Customer agrees to pay according to the ongoing price of the software per year with tax for each user license. Payment for each renewal term shall be due within thirty (30) days of the renewal date at the Vendor’s current price for a support agreement.
This agreement shall start on the Effective Date on the payment date. This agreement shall run for a period one (1) year from the Effective Date. If Client or Customer do not renew their contract within (30) days after expiration, are not eligible for any kind of support such as Online support, Telephonic Support, Technical Support, etc..
Services not included
Maintenance Services do not include any of the following:
Vendor will undertake all reasonable efforts to provide technical assistance under this agreement and to rectify or provide solutions to problems where the Software does not function as described in the Software documentation, but Vendor does not guarantee that the problems will be solved or that any item will be error-free. This agreement is only applicable to Vendor Software running under the certified environments specified in the release notes for that product. Vendor will provide the Customer with substantially the same level of service throughout the term of this agreement. Vendor may from time to time, however, discontinue Software products or versions and stop supporting Software products or versions one year after discontinuance, or otherwise discontinue any support service.
THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. VENDOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES.
This agreement may be terminated for non-payment or material breach. Fees paid or due are nonrefundable unless. Termination of this agreement may only be made by a designated person. Upon termination of this Agreement, Service Provider shall have no further obligation to provide any Services hereunder to Customer.
Vendor will retain ownership of all proprietary rights in the Software, including certain rights, if any, that Vendor has pursuant to license from another party. Upon full payment of the fees set forth in this Agreement, Vendor will grant to Client a non-exclusive license to use the Software in its own business. Client is not authorized to sell, transfer or license the Software or rights thereto to any other person or organization.
Any dispute arising under this Agreement will be subject to binding arbitration by a single Arbitrator with the INDIAN COUNCIL OF ARBITRATION (ICA) in accordance with its relevant industry rules, if any.
Please sign, date and return copy of this Agreement to Alpha E Barcode Solutions Pvt. Ltd. via email digital copy to firstname.lastname@example.org
CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. CUSTOMER REPRESENTS TO ALPHA E BARCODE SOLUTIONS PVT. LTD. THAT CUSTOMER UNDERSTANDS THOSE TERMS AND CONDITIONS AND AGREES TO BE BOUND BY THEM.