SANBlaze offers annual support and maintenance services to our customers, under SANBlaze’s Support and Maintenance Agreements. The services provided and the policies under which the services are rendered are described in this document. Beginning January 1, 2017 the current Subscription late fee and repurchase requirement will be replaced with full Subscription backdating.
1. Maintenance Services. SANBlaze provides maintenance services to Licensees of its Software (“Customer”), which is licensed under the SANBlaze authorized Software License Agreement.
Fees. Customers may subscribe to the Support and Maintenance Agreements by paying the annual maintenance fee. Support and Maintenance Agreements may be purchased for one or more years. Corporate site licenses are available to customers with more than 8 licenses at a negotiated discount, based on the total number or licenses. The maintenance fee for each successive term shall be due and payable no later than the last day of the then current term. Customers purchasing additional software during the current term of their maintenance agreement will be required to pay additional maintenance fees for the additional software after the one year free maintenance period offered with all new products.
Users with an expired Subscription will be subject to all missed Subscription charges (up to the cost of a new license) plus the current year charge to renew the expired license and obtain the current release with full support. This policy applies to all SANBlaze software product offerings and includes licenses that were never on Subscription.
Example – Customer purchased a license in March, 2014 with an automatic 1 year maintenance agreement which expired on March 31, 2015. On February 1, 2017 the customer requests the latest software release. In December, 2016 the customer did not renew the maintenance agreement. In order to receive the software release the customer must have a current maintenance agreement. On February 1, 2017 the customer must pay the following (before receiving the software release):
- Maintenance for the period April 1, 2015 – March 31, 2016
- Maintenance for the period April 1, 2016 – February 1, 2017 (10 months pro-rated)
- Maintenance for the period February 1, 2017 – January 31, 2018
SANBlaze may, at its own discretion, offer, on a case by case basis, no renewal penalty for up to 30 days after the expiration date.
2. Term. Maintenance agreements are free for new software (beginning on the date the hardware or software is received). The term of a maintenance renewal will be included on the renewal notice, normally one year. SANBlaze will endeavor to send a renewal notice prior to expiration of your current maintenance agreement. Maintenance agreements will automatically terminate: (i) upon termination of the Software License Agreement; and (ii) in the event that Customer fails to pay the then current maintenance fee when due. Customers will be required to purchase a renewal prior to receiving support. Customers are strongly encouraged to maintain an active support and maintenance contract to avoid incurring a delay in receiving support and additional costs due to lapsed agreements. See “Fees” above relating to out of date renewals.
3. Excluded Services. Excluded from the coverage of this Agreement are services resulting from misuse or modification of the software or hardware by Customer, failure or interruption of any electrical power, or any accident or other cause external to the Software, including, but not limited to problems or malfunctions related to Customer’s network, database, third-party software products, and/or workstation configurations or Customer’s hardware. Such excluded services, and additional consulting services such as training, setup and technical integration may be contracted separately at SANBlaze’s then current labor rates, subject to SANBlaze’s agreement.
4. Customer’s Responsibilities. Customer is responsible for (i) notifying SANBlaze of all problems for which Customer requires assistance, and (ii) allowing, if necessary, access to the Software, and (iii) the assistance of a qualified Customer representative, so that SANBlaze can perform Maintenance Services thereunder.
5. Support and Maintenance Services. SANBlaze’s Technical Support Team is dedicated to providing its Customers with product support as outlined below:
- Support – SANBlaze will provide telephone, e-mail (email@example.com) and Webex support, the purpose of which is to assist the Customer with the Software capabilities, functionality, and characteristics as described in the Software Specifications and provide basic problem resolution assistance as required. Support is provided from 8:00 a.m. to 5:00 p.m., US Eastern Standard Time, Monday through Friday, excluding SANBlaze holidays.
- Additional Support – In the event the Customer requests additional customized software support in the form of software scripting or specific test case development or debug, the Customer may be billed for such services at SANBlaze’s then current labor rates. This will require a formal SANBlaze quote based on the scope of the customized request.
- Training – SANBlaze will provide training to all customers, on an as need basis, upon request. Training will be performed via Webex or onsite; as determined by SANBlaze.
- Software Releases – SANBlaze will make available to customers with, current support and maintenance agreements, such point releases/updates/upgrades/and/or enhancements to the software that SANBlaze makes generally available to its Maintenance Customers at no additional charge when available. Customer shall be responsible for the installation and/or upgrade of the software.
Limited Warranty. SANBLAZE WARRANTS THAT THE MAINTENANCE SERVICES WILL BE PERFORMED IN A WORKMANLIKE MANNER IN ACCORDANCE WITH INDUSTRY STANDARDS. SANBLAZE MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUBJECT MATTER OF THIS SUPPORT AND MAINTENANCE CONTRACT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY OF ANY KIND RESPECTING ANY MAINTENANCE SERVICES PERFORMED HEREUNDER OR ANY MATERIALS FURNISHED HEREUNDER.
Limitation of Liability. THE CUMULATIVE LIABILITY OF SANBLAZE TO CUSTOMER FOR ALL CLAIMS ARISING UNDER OR RELATED TO THIS SUPPORT AND MAINTENANCE CONTRACT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE MAINTENANCE FEES PAID TO SANBLAZE WITHIN THE PRIOR YEAR. IN NO EVENT WILL SANBLAZE BE LIABLE TO CUSTOMER FOR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF SANBLAZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.Download Policy