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Spatialest Master Software and Services Agreement 28 <br /> <br />A business day is a 24-hour span except during weekends and Spatialest recognized holidays. <br /> <br />The fix and workaround times apply only if the person that has submitted the support request can be <br />contacted by e-mail or telephone without delay during the resolution phase. <br /> <br />Maintenance. Updates and Upgrades will be provided to Customer during a License Term, upon a request <br />by Customer. Spatialest reserves the right to address defects in the next release of the Software or <br />Subscription Services (as applicable). Spatialest will not be responsible to provide service or support when <br />the problem is the result of faulty hardware or software that (i) Spatialest did not provide or (ii) Spatialest <br />has not contracted with Customer to support under this Agreement. Spatialest reserves the right to bill <br />Customer for such non-supported service at Spatialest’s standard time and material charges for services <br />that fulfill these criteria. Maintenance services are not on-site services. If Customer needs or desires on- <br />site maintenance services, such services are available at Spatialest’s standard Professional Services time <br />and material charges. <br />For purposes of the foregoing, “Updates” mean interim releases of the Software incorporating standard <br />maintenance, improvements, patches, error corrections and enhancements that are provided by <br />Spatialest to customers who are covered by Spatialest’s Services. Updates are designated by all digit(s) to <br />the right of the decimal point (e.g., 3.x.x), and the content and timing of all Updates shall be decided upon <br />by Spatialest in its sole discretion and “Upgrades” mean full product releases of the Software, which <br />contain substantial functional enhancements. Upgrades are also provided by Spatialest to customers who <br />are covered by Spatialest’s Maintenance Services. Upgrades are designated by the digit to the left of the <br />decimal point (e.g., x.0), and the content and timing of all Upgrades shall be decided by Spatialest in its <br />sole discretion. Upgrades do not include any products that are marketed and priced separately by <br />Spatialest or which Spatialest does not make available to its customers who are covered by Spatialest’s <br />Maintenance Services. <br />Maintenance Services Warranty. Spatialest warrants that all Maintenance Services will be provided with <br />reasonable skill and care conforming to generally accepted industry standards. If the Maintenance <br />Services are not performed as warranted, then, only upon Customer’s written request within five (5) days <br />from the date of delivery of such Maintenance Services, Spatialest shall promptly re-perform, or cause to <br />be re-performed, such Maintenance Services, at no additional charge to Customer. Such re-performance <br />shall be Customer’s exclusive remedy and Spatialest’s sole liability for any such non-performance. <br /> <br />DocuSign Envelope ID: D64C7E68-26A4-4A46-BC30-54CE92CAE70D