WATS Support & Maintenance Agreement
EFFECTIVE: May 1, 2020.
Entry into this Agreement in Respect of Software Support & Maintenance (hereafter referred to as the Agreement) for the Virinco WATS software products (hereafter referred to as the Product) implies acceptance of the terms and conditions set out below. The Agreement is entered into between Virinco AS (hereafter referred to as Virinco) and the Licensee (hereafter referred to as the User). Virinco’s limited Warranty and disclaimers are described in the WATS EULA.
User shall be given access to new versions and service releases of the Product as soon as they become available. Updates are released periodically and may include:
• New functionality
• Bug fixes
• Compatibility updates for third party software and systems such as OSs, web browsers, etc.
Each new version and service release of the Product will be accompanied by a release note in electronic format. The Agreement shall not include any form of consultancy services or personal support from Virinco outside what is included under Support.
New versions and service releases will be published at the Virinco support site (support.virinco.com).
Contact with Virinco’s support function shall be made by telephone or e-mail. Error and bug fix will be handled remotely and User must grant Virinco access to the necessary equipment (servers/stations/computers).
User should receive support response within 24 hours after a problem is reported. Demand for immediate response will be provided and charged according to current support rate.
Support includes Virinco’s best effort in solving software problems based on a detailed description of the problem, provided by User. Finding a solution is not guaranteed. Support that requires physical presence of Virinco’s personnel on Users site is not included in the Agreement. If On-site support is required, additional fees apply.
Support shall be made available in accordance with the following guidelines:
- The most recent major version or recent major version minus one (-1) of the Product released must be used. Support on older versions will be payable.
- The User will use its best effort and most qualified personnel to search the source of the problem and to share detailed information with the support personnel.
- Cases which do not comply with the above-listed conditions will be invoiced at the current support rate.
The Agreement shall only cover the Product when it is used in a manner recommended by Virinco, and as such shall not extend to other configurations in respect of operating systems and databases, etc.
Administration or maintenance of the Product at the Customer site is not included in the Support Agreement.
The Agreement shall not cover support for functions in third-party applications and problems independent of the Product, that are associated with operating systems, databases, software, network infrastructure, hardware and peripheral equipment.
Virinco reserves the right to recommend a training course or consultancy services if the support takes the form of general training. Virinco similarly reserves the right to send the User specifications of possible solutions, which the User must attempt to implement in order to solve the current problem, instead of providing long periods of telephone or email support.
* Per Major version upgrade – inside normal business hours
The 12 month Agreement period (the Period) starts the first of the month following the purchase date. The Agreement is a continuous annual agreement that is renewed automatically unless it is terminated in writing by one of the parties not later than three (3) months prior to the end of the current Period.
The premium payable in respect of the Agreement shall be a yearly fee of 20% of list prices for the Products acquired. Fee shall be calculated based on the total number of Products held by the User and the price list valid on the starting day of each new Period. Prices are subject to change upon three (3) months’ notice.
The Agreement shall be invoiced in advance for the following Period. In the event of additional licenses being purchased, the User shall be invoiced in advance at the time of purchase for the remaining part of the current Period. Thereafter the additional licenses will be included in the basis of calculation for the following Period in accordance with the foregoing.
Termination of the Agreement may only take place in writing and be effective from the end of a Period. Written notice of termination may be served no later than 3 – three – months prior to the end of a Period. Termination shall not involve any form of repayment and shall only state that agreement will be terminated. In the event of notice of termination not being given in accordance with the rules embodied in the first paragraph, the Agreement shall automatically be renewed for the next whole Period.
According to this Agreement Virinco has the right to transfer its rights and duties to a third party. The User does not have the same rights without written authorization from Virinco.
An attempt shall be made to resolve by negotiation any disputes arising in relation to this Agreement, or any circumstances deriving from the Agreement. If this is unsuccessful, the dispute shall be settled by arbitration under Norwegian Law.
Products covered by the Agreement
The Agreement covers the Products developed and delivered by Virinco. When the Agreement covers several products, Virinco cannot guarantee coordination in the release of new versions. Updates of integrated third party products such as office automation, administrative systems, databases and operative systems may change the functionality of the Program. Virinco is not responsible for this.
Microsoft SQL Server
The customer needs to provide a valid version of Microsoft SQL server as per WATS requirements.
Should you have any questions about this Agreement, please contact or write to:
Virinco AS, +47 4000 3632, Grønland 1, 3045 Drammen, Norway.
firstname.lastname@example.org | www.virinco.com