OneRain Incorporated agrees to provide licensed users of its software products with continued assistance in their use and operation. The first year of this service is included in the price of the software license. It may be renewed in subsequent years for 25% of the current list price of the complete software package being used. When in effect, OneRain's Software Maintenance includes:
Software Updates
OneRain continually works to improve, enhance and update its software products. This effort is directed at improving the function and usability of the products, and in maintaining compatibility with the current versions of Microsoft's Windows operating system. All software updates are available at no additional cost, as soon as they are released, provided the customer is in possession of an up-to-date annual software license.
License Exchange
As a customer’s system or operational requirements change, software license costs may be traded or credited against the purchase of additional or more appropriate OneRain products. This benefit is limited to software license costs only, and any consultation or engineering services requested of OneRain in conjunction with system configuration changes will be billed at current hourly rates.
OneRain will provide access to a qualified support technician by telephone between 8:00 am and 5:00 pm Mountain Time on normal business days. Support may be achieved via telephone and may be supplemented by the use of PC Anywhere as remote access to the system. OneRain has had overwhelming success with its customers in the use of Symantec’s PC Anywhere. PC Anywhere (http://www.symantec.com/pcanywhere/) is a world-class, secure means of operating a PC remotely, and is a tool of choice for help desks worldwide.
Support requests may also be submitted at any time by email to techsupp@OneRain.com. E-mail will be answered between the hours of 8:00 am and 5:00 pm Mountain Time on normal business days.
Technical support provided by this agreement is limited to the function and operation of the CURRENT VERSIONS of OneRain software applications. It does not extend to issues related to configuring or maintaining other software applications or to the customer’s computer or networking environment.
OneRain will provide additional technical support for issues beyond the function and operation of its software products for licensed users at a cost of $140 per hour, with a one-hour minimum, in addition to the standard Software Maintenance fee. OneRain agrees to notify the customer that such a support request is being made before any support is provided or charges are assessed. If support at this level is desired, OneRain will issue a technical support case number for tracking purposes and request a Purchase Order number from the customer before continuing. An e-mail or fax authorizing the support from the customer will suffice until a purchase order can be sent to OneRain.
Some examples of Fee-Based Technical Support would include the following:
No charge will be incurred if it is later determined that any technical support issue was caused by or related to a defect in a OneRain software product.
PLEASE NOTE: OneRain agrees to provide fee-based technical support solely as a convenience to its customers. No explicit or implied claims are made with regard to OneRain’s expertise in, or suitability for, the resolution of any technical problem beyond the function and behavior of licensed OneRain software products. The Customer explicitly agrees to hold OneRain Incorporated harmless and without liability for any direct, indirect, incidental, consequential, special or exemplary damages or lost of profits whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss) arising from the use of OneRain's Fee-Based Technical Support services.