Tomitribe Support and Subscription Terms and Conditions
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING AND/OR USING SOFTWARE OR SERVICES FROM TOMITRIBE. BY USING TOMITRIBE SOFTWARE OR SERVICES, CUSTOMER SIGNIFY CUSTOMER ASSENT TO AND ACCEPTANCE OF THIS TOMITRIBE SUPPORT AND SUBSCRIPTION AGREEMENT (“AGREEMENT”), AND ACKNOWLEDGE CUSTOMER HAVE READ AND THAT CUSTOMER UNDERSTANDS THIS AGREEMENT. AN INDIVIDUAL ACTING ON BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF CUSTOMER DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN CUSTOMER MUST NOT USE TOMITRIBE SOFTWARE OR SERVICES.
Tomitribe Corporation, a Delaware corporation (“Tomitribe”), shall provide Technical Support and Subscription Services (as defined herein) (collectively, the “Services”) to Customer per the terms of this Agreement (the “Agreement”), the End User License Agreement (“EULA“) and Customer Order (defined below). In the event of any conflict between this Agreement, Customer Order and the EULA, the terms of the EULA shall control. As set forth in Customer Order, the terms of this Agreement may be modified at any time, in Tomitribe’s sole discretion. The applicable Tomitribe entity, Effective Date, Software and Hardware, and Services Level will be set forth on the applicable enterprise license agreement, or other order form or purchase order issued by Customer to Tomitribe or to an Tomitribe authorized reseller, which has been accepted by Tomitribe (collectively the “Order”).
- Definitions
- “Error” means a failure in the Software to materially conform to the specifications that Tomitribe has agreed to deliver, as described in the applicable product documentation (“Documentation”).
- “Modified Code” means any modification, addition and/or development of code scripts deviating from the predefined product code tree(s)/modules developed by Tomitribe for production deployment or use. Modified Code excludes customizable Software options for which Tomitribe offers Services.
- “Services Fees” means the fees for Services specified in a corresponding Tomitribe or reseller invoice.
- “Services Period” means the period for which Customer has purchased the Services and any subsequent renewal periods and shall commence for Software Licenses for which Services are optional, on the date of purchase of the Services.
- “Severity” is a measure of the relative impact an Error has on the use of the Software, as determined by Tomitribe, and only applies toward production support.
- “Software” means software offered by Tomitribe, and all components shipped with the Software, including Open Source components.
- “Subscription Services” means the provision of Maintenance Releases, Minor Releases and Major Releases (each defined below), if any, to the Software, as well as corresponding Documentation, to Customer.
- “Maintenance Release” or “Update” means a generally available release of the Software that typically provides maintenance corrections or fixes only, designated by Tomitribe by means of a change in the digit to the right of the second decimal point (e.g. Software 5.0 >> Software 5.0.1).
- “Minor Release” means a generally available release of the Software that (i) introduces a limited amount of new features and functionality, and (ii) is designated by Tomitribe by means of a change in the digit to the right of the decimal point (e.g., Software 5.0 >> Software 5.1).
- “Major Release,” also known as an “Version Upgrade,” means a generally available release of the Software that (i) contains functional enhancements or extensions, and (ii) is designated by Tomitribe by means of a change in the digit to the left of the first decimal point (e.g., Software 5.0 >> Software 6.0).
- “Technical Support” means the provision of telephone or web-based technical assistance by Tomitribe to the Customer’s technical contact(s) at the corresponding Services level purchased by the Customer and according to Tomitribe Support Guidelines.
- “Third Party Products” means any software or hardware that (i) is manufactured by a party other than Tomitribe and (ii) has not been incorporated into the Software.