IMRON Corporation's software maintenance and support program is designed to assist our customers to enjoy a continuous, smooth and efficient experience with our products. In order to maximize the best results, all of our customer licensees are required to operate using the most current version of our software in order to obtain technical support. For that reason, our maintenance program is designed to provide both software upgrades/updates and technical support.
Unbroken and continuous support. Including ongoing, unlimited technical phone support (non-engineering), including assistance with installation, setup, programming and operation. (However, IMRON reserves the right to limit the number of calls being placed by clients if they are deemed to be excessive when compared to the average monthly calls per customer).
In addition, you will be entitled to software upgrades and updates. Support is available between the hours of 8-5pm PDT Mon-Fri. If you are planning an activity for which you anticipate needing weekend service you may contact us in advance to schedule special weekend service. Weekend service may be scheduled weekends between 9:00 am and 6:00 pm on a pay-per-call basis for annual maintenance holders only.
The purpose of technical support calls is to assist you with problems, not to provide telephone training. IMRON Corporation does offer extensive training courses. If you are having difficulties we will do our best to give you information or guidance on how to use certain features within the product or advise you where you can find the necessary information to help yourself - for example the online tutorials, and extensive support documentation. To be fair to all customers we must limit such calls to approximately 10 minutes to ensure that we are able to remain responsive to all our customers.
Support services exclude and IMRON shall not be responsible for the software if software is altered or damaged by anyone other than IMRON. Additional services that are NOT covered by this agreement involve Professional Services, such as:
- Software Development/Customization
- Database Management/Conversion/Maintenance
- Network Administration
- Custom Drivers
- Video Management
- Custom Reports
- Custom Triggers and Macros
- Related Software Utilities
- OS related items due to Microsoft patches, software, or hardware limitations such as RAM or disc space.
- Converting Personnel Photographs
- ID Badge Template Generation
Responsibilities of Licensee:
Licensee shall maintain telecommunications equipment and protocols compatible with IMRON Corp and shall utilize telecommunications to obtain services where possible. Licensee shall use trained technicians to obtain support services.
Licensee shall pay the annual maintenance fee as calculated on the IMRON Website.
Licensee shall pay for any additional charges for professional services, on-site support, travel fees and expenses incurred in connection with requested support services.
IMRON warrants that Maintenance shall be performed in a commercially reasonable manner.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND SYSTEM INTEGRATION. IMRON DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE’S NEEDS OR THAT LICENSEE’S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NON-CONFORMITIES CAN OR WILL BE CORRECTED.
IF IMRON FAILS TO FULFILL ITS OBLIGATIONS UNDER THIS AGREEMENT, LICENSEE’S SOLE REMEDY IS THE RIGHT TO TERMINATE THIS AGREEMENT IMMEDIATELY.
IN NO EVENT WILL IMRON BE LIABLE TO LICENSEE FOR ANY CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF IMRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IMRON’S LIABILITY TO THE LICENSEE (IF ANY) FOR ACTUAL DIRECT DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT PAID TO IMRON FOR MAINTENANCE OF THE SOFTWARE.
This warranty does not cover and may be terminated at the option of IMRON by any Licensee modification of the Software unless IMRON consents in writing to such modification and can discharge its warranty obligations notwithstanding such modifications.
IMRON Corporation is committed to providing the highest possible quality service to all its customers. If a given customer is calling so much that in IMRON Corporation's view the calls are compromising its ability to properly service its other customers, IMRON Corporation retains the right to terminate any service plan and refund the balance of the service fee on a pro rata basis for the time left on the plan.
The laws of the state of California shall be applied to the interpretation, execution and enforcement of this Maintenance Program.