2011-199 Finance - IMMIX Technology for Kronos Automated Time Keeping System

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immixTechnc~l~gy, Inc... a subsid~ry of ~ i~nixCr • Ordering Activity installs it spare unit from its inventory • Ordering Activity sends the terminal needing service back to the Contractor Equipment Services Center. • Upon receipt of product, Contractor shall repair the product within fifteen (15) business days and return to the customer by regular surface transportation. Conditions: • Batching (defined as 2 or more terminals) voids the turn-around time. • Ordering Activity will be charged Contractor's current time and materials rate for the installation (professional services) of any software or firmware upgrades, if available, and if requested. • Equipment Support Services do NOT include the replacement of "consumables." In addition, Depot Support Services do NOT include the repair of damages, and Ordering Activity will not attempt to return damaged Product, resulting from: 1. Any cause external to the Products including, but not limited to, electrical work, fire, flood, water, wind, lightning, transportation, or any act of God; 2. Ordering Activity's failure to continually provide a suitable installation environment (as indicated in Contractor' published installation guidelines) including, but not limited to, adequate electrical power; 3. Ordering Activity's improper use, relocation, packaging, refinishing, management or supervision of the Product(s) or other failure to use Products in accordance with Contractor' published specifications; 4. Ordering Activity's use of the Products for purposes other than those for which they are designed or the use of accessories or supplies not approved by Contractor; 5. Government imposed sanctions, rules, regulations or laws preventing the shipment of the Products; or 6. Ordering Activity's repair, attempted repair or modification of the Products. ~ Repairs are warranted for 90 days from date of shipment. This service does NOT include access to equipment service packs /firmware updates. KNOWLEDGEPASS EDUCATION SUBSCRIPTION The following terms shall apply to Ordering Activity's purchase of the Contractor KnowledgePass Education Subscription if specified on the Order Form: (a) Scope: The KnowledgePass Education Subscription is only available to Ordering Activities who are licensing Contractor's Workforce Central Software products and who are maintaining such products under a support plan with Contractor. The KnowledgePass Education Subscription provides access via the intemet to certain educational offerings provided by Contractor (the "KnowledgePass Content"), including: i. Hands-on Guided Practices ; ii. Tutorials; iii. Concept movies; iv. Job Aids in `pdf forth; v. Training Kits (downloadable zip files of modifiable learning content); vi. Information Webinars; and vii. Train-the-Trainer Resource Center (which is only available to customers who purchase one of Contractor' Train-the Trainer Programs) which includes: • Instructor Guide • Student Guide • Job Aids • Database files The content of these offerings are subject to change by Contractor without notice. (b) Term of Subscription: The KnowledgePass Education Subscription shall run co-terninously with Ordering Activity's Software Support, and shall renew for additional one (1) year terms provided Ordering Activity renews its KnowledgePass Education Subscription as provided below. (c) Payment: Ordering Activity shall pay the annual subscription charge for the initial term of the KnowledgePass Education Subscription in accordance with the payment terms on the Order Forth. Contractor will send Ordering Activity a renewal invoice for renewal of the KnowledgePass Education Subscription at (east forty five (45) days prior to expiration of the then current term. KnowledgePass Education Subscription shall renew for an additional one (1) year term if Ordering Activity pays such invoice before the end of the initial term or any renewal term. (d) Limitations: Ordering Activity recognizes and agrees that the KnowledgePass Content is copyrighted by Contractor. Ordering Activity is permitted to make copies of the KnowledgePass Content provided in `pdf form solely for Ordering Activity's internal use and may not disclose such KnowledgePass Content to any third party other than Ordering Activity's employees. Ordering Activity may not edit, modify, revise, amend, change, alter, customize or vary the KnowledgePass Content without the written consent of Contractor, provided that Ordering Activity may download and modify contents of Training Kits solely for Ordering Activity's internal use. (e) Train-the-Trainer Program (TTT): Certification under the Train-the-Trainer Program is valid only for the point release of the Software for which the TTT Program is taken, and covers only the Ordering Activity employee who completes the TTT Program. -- - - - www.immixtechnology.com Page ST-164