1. General. All capitalized terms shall have the meanings defined in the Software License Agreement unless otherwise specified. This Support & Maintenance Policy ("Policy"), as may be amended by Axero from time to time, sets forth the terms and conditions under which Axero will provide support and maintenance for the Software. The provision of support and maintenance for the Software during the Support Term, is subject to payment of the Software License Agreement Fee in advance and to the other terms and conditions as stated herein.
2.1 During the term of this Policy, support and maintenance will be carried out according to the following plan:
2.1.1 Support Plan. The Software comes with self-service support, upgrades, and service releases included for so long as License Fees are paid. This plan gives access to the Communifire Support Community, admin & user guides, how-to articles & videos, public discussion forums, and up to 15 private support cases per month. This plan allows access to interaction with Axero regarding use and functionality, setup, and configuration, where Customer staff can interact directly with Axero. Support response times are on a best efforts basis by Axero. If you pay us a subscription fee and/or execute a Communifire Subscription Services Agreement, phone, email and support community access is included at no additional cost. Phone support is available during Business Hours. We accept email and support community questions 24 Hours per Day x 7 Days per Week. We attempt to respond to support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time.
2.2 Axero will provide support services for: a) the two (2) most current versions of the Software, meaning the most current release and the prior release; and b) only those components of the Software installed on operating systems that satisfy the operating system hardware and software requirements listed in the Documentation.
2.3 Support will not be provided if: a) the Software is not used in accordance with the Software License; or b) the Software has been altered or modified by other than by, or at the direction of, Axero; or c) Significant changes are made to the hardware and/or software in the operating environment that are not supported by or compatible with the Software; or d) to the extent necessary, failure to provide Axero with remote access to your operating environment; or e) non-conformance caused by a failure or interruption of electrical power, an accident or cause external to the Software, including, but not limited to, network, database, third- party software, or hardware problems or malfunctions and/or operator error, negligence, or willful misconduct; or f) Support Fees have not been paid-in-full.
2.4 Reporting Errors. In order to receive Support for errors, Customer shall advise Axero of a suspected failure and submit all necessary documentation for determination and resolution by Axero. In the event that it is determined that such failure is caused by a source external to the Software and Customer desires Axero to perform services to remedy such failure, Axero may require additional payment for such services.
2.5 Support is limited to the services described in this Policy. Accordingly, support does not include such services as doing complete translations or developing customized procedures (including special set up files, or software).
3. Updates and Upgrades
3.1 During the Term, Axero may offer corrections and performance improvements to the Software that are designated as service packs or update releases by Axero ("Updates"), free of additional charge. Axero may provide notice of all Updates as they become available, and Updates may be made available via download from the Axero website. Any Update provided hereunder will be deemed to be part of the Software licensed pursuant to the Software License Agreement.
3.2 During the Term, Axero may offer new features and functional enhancements of the Software, designated by Axero as minor releases ("Minor Upgrades") and major releases ("Major Upgrades"). Axero may provide notice of all Upgrades as they become available. Minor Upgrades and Major Upgrades are provided free of additional charge during the Support Term.
3.3 Axero shall be responsible for applying and/or installing all Updates and Upgrades to the Software for Communifire SaaS licenses. Customer shall be responsible for applyingand/or installing all Updates and Upgrades to on-premise software licenses in accordance with the installation instructions provided by Axero. Any failure to timely install such Updates and Upgrades may result in delays or the inability of Axero to perform Support. Customer hereby acknowledges that a failure to promptly implement all Updates and Upgrades supplied by Axero may render the Software unusable and/or non-conforming to the Documentation and otherwise will void any applicable warranty or indemnification.
4. Contacting Axero
4.1 Customers may contact Axero for maintenance and support by any of the following methods:
4.1.1 Forum postings available at Axero's website, https://my.axerosolutions.com - Support Portal
4.1.2 Email at firstname.lastname@example.org
4.2 When requesting Support, customer must provide the following information which is necessary for identifying the problem:
5. Business Hours. A "Business Day" is 6:00 AM to 6:00 PM Pacific Time, Monday through Friday, exclusive of the following holidays:
6.1 This Policy constitutes the entire understanding of the parties and supersedes any previous agreement between the parties relating to maintenance and support of the Software.
6.2 No modification of this Policy shall be valid unless it is in writing and issued by or on behalf of an authorized officer of Axero.
6.3 If any provision in this Policy shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable:
6.3.1 Such invalidity or unenforceability shall not affect the other provisions of this Policy which shall remain in full force and effect;
6.3.2 But would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable; and
6.3.3 Where the provisions of clause 6.3.2 do not apply, the parties will attempt to substitute for any invalid or unenforceable provision a valid and enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.
6.4 The failure to exercise or delay in exercising a right or remedy provided by this Policy or by any applicable law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. A waiver of a breach of any of the terms of this Policy or of a default under this Policy does not constitute a waiver of any other breach or default and shall not affect the other terms of this Policy. A waiver of a breach of any of the terms of this Policy or of a default under this Policy will not prevent a party from subsequently requiring compliance with the waived obligation.
6.5 The parties hereby agree that this Policy shall be construed in accordance with the laws of State of California and any dispute arising under it shall be submitted to the exclusive jurisdiction of the California Courts.