IMRON Corporation’s software subscription 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 the most current version of our software in order to obtain technical support. Our subscription is designed to provide both software upgrades and technical support to customers with an active subscription who have been trained by and certified by IMRON Corporation prior to receiving technical support.

 

Subscription Includes:

Subscription shall include ongoing technical phone support (non-engineering) for products purchased through IMRON Corporation. 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 of other customers.

Additionally, customers with an active subscription are entitled to software upgrades. Technical support is available between the normal business hours of 8:00 a.m. and 5:00 p.m. PST (Pacific Standard Time) on Monday through Friday. After hours technical support outside normal business hours is available as follows:

A Scheduled One-Time After Hours Support Call: Customer will be charged hourly on a pay-per-call basis.

After Hours Support Availability (No Prior Scheduling Required): A separate contract or agreement is required.

Please contact IMRON for all inquiries regarding after hours technical support.

 

Technical Support Limitations:

The purpose of technical support calls is to assist you with problems and excludes 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.

IMRON shall not be responsible for the software if such software is altered or damaged by anyone other than IMRON. Technical support services DO NOT INCLUDE the following:

Data entry

Database conversion/management/administration

Data integration

System configuration

Installation support

Commissioning/deployment support

Custom Reports

Custom Triggers and Macros

Training

Engineering Services

Software Development/Customization

SDK/API integration/development

Assistance/integration with 3rd party applications

Network Administration

OS related items due to Microsoft patches, software, or hardware limitations such as RAM, disc space, or any failure to meet the minimum system requirements

Software problems due to any forces external to the software and beyond IMRON’s control

Software problems which do not significantly impact or affect the operation of the software

Any issues caused by persons other than the customer’s employees

Any issues caused by the negligence of any person

Any issues caused by systems or programs not supplied by IMRON

Any software which a valid license (or sublicense, if applicable) is not in effect, or in which such licenses have been breached in a material manner

Issue has been isolated to a product not purchased through IMRON Corporation (includes third-party products not supported by IMRON such as hardware purchased by customer directly from the manufacturer rather than from IMRON Corporation)

Additional services not covered by technical support may involve Professional Services. Please contact IMRON Corporation regarding any Professional Services inquiries.

Technical support is not included with demo licenses. IMRON Corporation issues demo licenses for the sole purpose of software evaluation. All users on a demo license will not receive training support and technical support. IMRON Corporation support will provide answers to general inquiries only for all users on a demo license. General inquiries shall be limited to inquiries regarding the demo software.

 

Customer Responsibilities:

Customer shall maintain telecommunications equipment and protocols compatible with IMRON and shall utilize telecommunications to obtain services where possible. Customer shall use trained technicians to obtain support services. Customer shall provide to IMRON, or procure for IMRON, any information, documentation, licenses, permits, or access to hardware, software, networks, and systems that may be reasonably required by IMRON to enable IMRON to perform its technical support obligations.

 

Charges:

Customer shall pay the annual subscription fee as calculated on the IMRON Website.

Customer 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 it will use its best efforts to attempt to analyze, diagnose, and correct software system problems, to keep the software problems and to keep the software system and its documentation maintained, updated, and functioning. IMRON does not guarantee, warrant, or ensure that the operation of the software will be uninterrupted or error-free or that all non-conformities can or will be corrected and customer acknowledges that it is not technically practicable for IMRON to do so. IMRON DOES NOT GUARANTEE THAT THE SOFTWARE WILL MEET ALL OF CUSTOMER’S NEEDS.

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.

IN NO EVENT WILL IMRON BE LIABLE TO CUSTOMER 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 CUSTOMER (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 SUBSCRIPTION OF THE SOFTWARE.

In the event of a breach by IMRON, Customer’s sole and exclusive remedy will be a choice of either re-performance of the services by IMRON or a pro rata refund of the Support Fee from IMRON already paid to IMRON for Support Services not received. Nothing in this clause will serve to limit or exclude either Party’s liability for death or personal injury arising from its own negligence, fraud or fraudulent misrepresentation, or limit any liabilities in any way that is not permitted under applicable law.

 

Termination:

IMRON Corporation is committed to providing the highest possible quality service to all its customers. If a given customer is calling to the extent that in IMRON Corporation’s sole discretion such 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 remaining service fee on a pro rata basis for time left on the plan, if any.

 

Applicable Laws:

 

The laws of the state of California shall be applied to the interpretation, execution, and enforcement of this Subscription.

 

Software Support Agreement:

All terms and conditions in a customer’s software support services agreement, if any, shall apply. Nothing on this page shall be deemed as a modification of any software support services agreement, unless such modification is made in writing and signed by both parties. In the event that any term on this page contradicts a term in a customer’s software support services agreement, the customer’s software support services agreement shall govern.