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1.Scope
1.1 Provisions. Bayesware agrees to provide the
following maintenance and service for the latest version of the
Software for which the agreement has been entered:
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Current supply of technical and
other software related information about the |
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Email support to the Licensee's
contact person about the use of the software. |
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Handling of documented
error reports from the Licensee's contact person. |
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Handling of proposal
of improvements and expansion of the Software. Although the
proposal will be considered favorably, they will be implemented
in the next regular version of the Software only if they will
be deemed fit by Bayesware. |
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Development of upgrade and updates
and free electronic delivery. |
1.2. New Versions. Bayesware will implement amendments
and improvements in new versions of the Software. New versionswill
replace old versions in such a way that Licensee rights to the
old versions are transferred to the new versions and that subsequently,
and Licensee shall have no rights to the old version.
2. Limitations
2.1 Liability. The liability of Bayesware is limited
to the service fee for the year in question. Bayesware shall not
be liable for any indirect losses, including loss of use, loss
of earnings and loss of data. In other words, Licensee is responsible
for establishing adequate backup procedure so that loss of data
can be avoided. Complaints must be made without undue delay and
in any events before expire of this agreement.
2.2. Third Party Software. If there are any programs
among the Software that Bayesware has acquired from a third party
in order to supply them to Licensee, Bayesware will not assume
any maintenance and service obligations toward these programs.
2.3 Transferability. This agreement and the Software
must not be transferred to any third party without the written
consent of Bayesware.
3. Payment
3.1. Amount. The fee for the service will amount
to the 20% of the current price of the latest version of the Software.
3.2 Terms of Payment. The fee shall be paid in
advance for one calendar year at time. For the period from the
starting date until December 31st, a proportional part of the
above indicated annual service fee shall be paid.
3.3 Changes. Bayesware reserves the right of modifying
the annual fees without notice. However, these modifications shall
not apply to current agreements until the following annual expiration.
4. Additional Provisions
4.1 Period of Validity and Termination. The
agreement shall be valid until it is terminated by one of the
parties. Both parties may terminate the agreement by three (3)
months previous notice at the end of a calendar year, however
not earlier than twelve (12) months after the date of coming into
force. The termination decision must be notified in writing.
4.2 Force Majeure. If
the performance of Bayesware hereunder is delayed or prevented
at any time due to circumstances beyond the control of Bayesware,
including without limitation, those resulting from labor disputes,
fire, floods, riots, civil disturbances, weather conditions, control
exercised by governmental entity, unavoidable casualties or acts
of God or a public enemy, the performance of Bayesware shall be
excused until such condition no longer exists.
4.3
Governing Law. This Agreement shall be governed by and construed
under and pursuant to English Law and subject to the exclusive
jurisdiction of the English Courts.
4.4 Inquiries. All inquiries
concerning this agreement should be addressed to Bayesware Limited,
Sovereign Court, 230 Upper 5th street, Central Milton Keynes,
MK9 2HR, United Kingdom.
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