Technical Support Terms and Conditions

BY CONTACTING ISPRING TEAM FOR TECHNICAL SUPPORT THROUGH THE TELEPHONE NUMBER OR E-MAIL ADDRESS PROVIDED WITH THIS AGREEMENT, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CONTACT ISPRING TEAM FOR SUPPORT AND PROMPTLY CONTACT YOUR PLACE OF PURCHASE FOR CANCELLATION OF SUPPORT. YOU WILL RECEIVE A REFUND OF ANY MONEY PAID ONLY IF YOU CONTACT YOUR PLACE OF PURCHASE TO CANCEL YOUR SUPPORT ORDER WITHIN THIRTY DAYS OF PURCHASE. THIS AGREEMENT WILL BE VALID FOR ONE YEAR FROM YOUR DATE OF PURCHASE.

As a participant in iSpring Team technical support program, you ("Customer") are subject to these terms and conditions and entitled to receive the technical support ("Services") associated with such program for the terms of this Agreement.

As used in this Agreement, "Product" means the iSpring software which the Customer has been validly licensed to use. "Program Errors" means 1 or more reproducible deviations in the standard, unmodified Product from the applicable specifications shown in the documentation.

Technical Support

Subject to these terms and conditions, iSpring Team will provide Services to Customer for Program Errors not resolved by Customer. Services shall include efforts by iSpring Team to identify defective source code and to provide corrections, workarounds and/or patches to correct Program Errors. iSpring Team will provide Customer with an e-mail address which Customer may use to report Program Errors during iSpring Team local business hours.

iSpring Team will use reasonable commercial efforts to resolve each significant Program Error by providing either a reasonable workaround, an object code patch or a specific action plan for how iSpring Team will address the problem and an estimate of how long it will take to rectify the defect. iSpring Team reserves the right to charge Customer additional fees at its then-standard rates for services performed in connection with reported Program Errors which are later determined to have been due to hardware or software not supplied by iSpring Team. Notwithstanding the foregoing, iSpring Team has no obligation to perform services in connection with Program Errors resulting from hardware or software not supplied by iSpring Team.

iSpring Team agrees to support a given version of the Product until such revision is superseded by 2 sequential new Product versions. For example, iSpring Team will stop support of version 2.1 when version 2.2 and version 2.3 are released by iSpring Team.

iSpring Team will make reasonable efforts to correct significant Program Errors that Customer identifies, classifies and reports to iSpring Team and that iSpring Team substantiates. iSpring Team may reclassify Program Errors if it reasonably believes that Customer's classification is incorrect. Customer will provide sufficient information for iSpring Team to enable iSpring Team to duplicate the Program Error before iSpring Team response obligations will commence. Unless otherwise authorized in writing by iSpring Team, iSpring Team will not be required to correct any Program Error caused by (a) incorporation, attachment of a feature, program, or device to the Product, or any part thereof; (b) any nonconformance caused by accident, transportation, neglect, misuse, alteration, modification, or enhancement of the Product; (c) the failure to provide an installation environment recommended for the Product; (d) use of the Product for other than the specific purpose for which the Product is intended; (e) use of the Product on any systems other than the specified hardware platform for such Product; (f) if applicable, use of defective media or defective duplication of the Product; or (g) failure to incorporate any Product revision or patch previously released by iSpring Team which corrects such Program Error. For Program Error reports received by iSpring Team during iSpring Team's local business hours, iSpring Team will use reasonable commercial efforts to communicate with Customer about the Program Error via telephone or e-mail.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ISPRING TEAM BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL ISPRING TEAM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT ISPRING TEAM RECEIVED FROM CUSTOMER HEREUNDER, EVEN IF ISPRING TEAM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ISPRING TEAM'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO CUSTOMER