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Terms and Conditions - continued
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current database and operating system within ninety (90) days from the date the Licensee notifies Licensor they have obtained a new release of said software.
3. Service Escalation. If a problem is not addressed in a timely manner, the Licensee may escalate the Support process by first contacting the Support Service Manager, secondly, the Licensee may contact the Vice President or President of the Licensor.
4. Support will only be provided for the current release of the Licensed Software, subject to a 'window' period of eighteen (18) months after the availability of a new release. If fixes are available in the next release of the software the Licensee will be required to move to that release to obtain them
5. The Licensor agrees to make available, to the Licensee, the necessary staff or resources to accommodate requested Modifications to the Licensed Software, upon reasonable notice and at then current and standard labour and material rates.
6. Unless otherwise specified in Appendix B, this Support Agreement is for a single Server. Additional maintenance for other Servers are not included in this Support Agreement and must be covered under a separate Support Agreement.
7. Warranty: The Licensor warrants that it is the sole owner of the Licensed Software or has the full power and authority to effect the Corrections, Upgrades, Enhancements and Modifications referred to herein and will indemnify and hold the Licensee harmless from and against any loss, cost, liability and expense arising out of any breach or claimed breach of this warranty.
8. All warranties applicable to the original Software and covered under the CSDC Corporate Software License Agreement signed by the Licensee apply equally to all Corrections, Upgrades, Enhancements and Modifications. All warranties are void if Licensee makes any modifications to the Licensed Software without express written approval by the Licensor. The extent of the liability accepted by the Licensor is as set out herein and does not include consequential damages or liability claims arising from the Software or efforts to correct such.
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