Maintenance and Support Agreement
Upon payment of the annual maintenance and support services fee, Century
Software will provide the following maintenance and support services for the
Software referenced above:
1. Telephone or Facsimile Support
The hours of operations are 8:00 AM to 5:00 PM, Mountain Time, during
normal business hours (Monday through Friday), excluding holidays.
2. Updates/Upgrades
Century Software shall provide to the registered user, without additional
license fees, all updates and upgrades to the Software specified above
(including related documentation) commercially released by Century Software
during the term of the maintenance agreement. Updates consist of new
releases of a particular software version which provide functional
enhancements and error corrections, which are indicated by a change in the
numeric identifier for the Software in the digit to the right of the decimal
such as from version 1.2 to 1.3. Upgrades consist of new releases with a
higher version number such as from version 3.0 to 4.0.
3. Cost
Upon renewal, the maintenance and support plan is subject to re-pricing at
25% of the then current list price for the Software and is paid by the
registered user prior to the commencement of the annual maintenance period.
4. Limited Warranty
Century Software warrants that the maintenance services will be performed in
a professional workmanlike manner. EXCEPT FOR THE EXPRESS WARRANTY PROVIDED
ABOVE, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT A
WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND
CENTURY SOFTWARE SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES, TERMS OR
CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS
AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
5. Limitation of Liability
Century Software's entire liability to you or any other party for any loss
or damage resulting from any claims, demands or actions arising out of this
Agreement shall not exceed the maintenance fee paid to Century Software for
the Software, net of dealer or distributor margins, notwithstanding any
failure of essential purpose of any limited remedy.
6. No Liability for Consequential Damages
IN NO EVENT SHALL CENTURY SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR
THE PERFORMANCE OR FAILURE TO PERFORM MAINTENANCE SERVICES, EVEN IF CENTURY
SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
7. Term
This document certifies that the registered end user of the Software is
entitled to receive the maintenance and support services described herein
for the one (1) year period commencing on date of purchase.
8. Conditions
Century Software only provides support and maintenance for the current and
immediately prior release of the Software. Program maintenance, telephone
and other support for previous versions of the Software may be discontinued
by Century Software ninety (90) days following release of a new version.
For example, if version 1.3 is the current release, Century Software will
provide support and maintenance for version 1.3 and 1.2 and will cease
supporting version 1.1 ninety (90) days following the release of version
1.3. If the registered user cancels its maintenance agreement anytime during
a one (1) year subscription period, no refund, pro-rated or otherwise, will
be given.
Should you have any questions concerning the Agreement, or if you desire to
contact Century Software for any reason:
Century Software, Inc.
6465 South 3000 East Suite 104
Holladay, UT 84121
Office: (801) 268-3088
Fax: (801) 268-2772
http://www.centurysoftware.com
Sales: (801) 268-3088 x2 or
sales@centurysoftware.com
Technical Support: (801) 268-3088 x5 or
support@centurysoftware.com
