Terms and Conditions for Software602 Support Services
Please take the time to read the following Terms and Conditions carefully before ordering your Software602 Support Service. Ordering your Software602 Support Service indicates your acceptance of these terms and conditions. Software602, Inc. ("Software602") and Customer here by agree that the following terms and conditions shall govern the delivery of support services by Software602 to Customer under these terms and conditions with respect to applicable registered Software602 products ("Products").
Technical Services - Software602 will provide the services as described on its "Support" web site. Software602 reserves the right to revise the content of this web site from time to time in order to, among many other things, comply with applicable law, regulations and tariffs. Revised rules will replace the older content and become effective after written notification to Customer.
Term and Payment - This "Support Service" Agreement will become effective upon payment confirmation and will expire after pre-paid period, unless earlier terminated as provided herein. Software602 reserves the right to cancel this "Support Service" at anytime or change the fees, terms, or conditions upon thirty (30) days notice to Customer. Customer may, by giving ten (10) days written notice to Software602, terminate the Agreement on the effective date of any such change. In the absence of such notice of termination, the change will be deemed accepted by Customer. If the Customer is not satisfied with the program, he/she may request a full refund of the service fee within the first thirty (30) days from the purchase date. Support Services available on a per-incident basis can be terminated for refund by the Customer at any time prior to Software602's response to such incident. Software602, at its discretion, may terminate this per-incident basis support service with prior notice to Customer. There is no refund for any Support Services after thirty (30) days from purchase date. Mailing address: Software602, Inc. 500 Osceola Avenue, Jacksonville Beach, FL 32250, US
Exclusions - Software602 shall not be required to provide any Services relating to problems arising out of (i) Customer's use of the Products in a manner for which they were not designed, (ii) accident, (iii) Customer's negligence, misuse or modification of the Products, or (iv) versions of Products other than the most recent version (e.g. 6.0) and one version back (e.g. 5.0).
Warranty and Disclaimer - Software602 will use reasonable commercial efforts to provide the Services under this "Support Service" agreement in a professional and workmanlike manner, but Software602 cannot guarantee that every question or problem raised by Customer will be resolved. Nothing in this "Support Service" agreement shall be construed as expanding or adding to the warranty for the Licensed Software in the License Agreement. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, SOFTWARE602 MAKES, AND CUSTOMER RECEIVES, NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATED TO OR ARISING IN ANY WAY OUT OF THIS SERVICE AGREEMENT OR THE PROVISION OF MATERIALS OR SERVICES UNDER THIS SERVICE AGREEMENT, AND SOFTWARE602 SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES THAT SOFTWARE602 HAS NOT VERIFIED, AND CANNOT VERIFIED, THAT THE TECHNICAL INFORMATION AND SERVICES PROVIDED HEREUNDER WILL BE VALID UNDER ALL CIRCUMSTANCES.
LIMITATION OF LIABILITY - SOFTWARE602'S LIABILITY UNDER THIS SUPPORT SERVICE AGREEMENT IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER FOR THE SERVICES ORDERED BY CUSTOMER DURING THE PRIOR YEAR. IT IS THE CUSTOMER'S RESPONSIBILITY TO BACKUP DATA ON CUSTOMER'S SYSTEM. IN NO EVENT SHALL SOFTWARE602 HAVE ANY LIABILITY FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST OF PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES OR INABILITY TO USE THE SOFTWARE, LOSS OF USE OF EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS OR DAMAGES OCURING BY ANY REMOTE ACCESS ASSISTANCE, ARISING IN ANY WAY OUT OF THIS SERVICE AGREEMENT UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT SOFTWARE602 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA ACCESSED, TRANSMITTED, DOWNLOADED OR OTHERWISE OBTAINED IS DONE AT THE YOUR OWN RISK AND THAT SOFTWARE602 HAS NO LIABILITY TO YOU OR ANY THIRD PARTY AND YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT TRANSMITTED OR LOSS OF DATA THAT RESULTS FROM USE OF THESE SERVICES.
Critical Control Applications - Software602 specifically disclaims any liability for use of these Services in critical control applications (including, for example only, safety or health care control systems, nuclear energy control systems, security systems, or air or ground traffic control systems). Such use is entirely at the Customer's risk. You agree to defend, indemnify, and hold Software602 harmless from and against any and all claims arising out of use these Service in such applications.
Subcontract - Software602 may subcontract any portion of the Technical Services to the third party contractor without prior consent of Customer, provided that Software602 remains fully responsible to Customer for delivery of Support Services as set forth in this Agreement. Any such subcontractor will for all purposes be deemed to be an independent contractor of Software602 and not a partner, agent or employee of Software602.
Additions - Any additional services added to this Support Service agreement by written notice to Customer will be governed by the terms of this Support Agreement.
General - This Support Service agreement may not be transferred by Customer. This Support Service agreement supersedes all other written and oral proposals, purchase orders, prior agreements, and other communications between Customer and Software602 concerning the subject matter of this Support Agreement and constitutes the entire agreement between Software602 and Customer regarding provision of Services. This Support Service agreement shall be governed by the laws of the State of Florida without reference to conflict of law principles.