ASP-db (Classic and Tornado) SOFTWARE SUPPORT AGREEMENT

ASP-DB SOFTWARE SUPPORT AGREEMENT

This Agreement entered into the purchase of ASP-db products whereas the purchaser of ASP-db desires to obtain support of, the Software on the terms and conditions hereinafter provides;

  1. Basic Software Maintenance Services
    The basic maintenance services to be provided hereunder (the "Maintenance Services") shall consist of: technical assistance provided by ASP-db to Licensee relating to the Software via telephone or email; for an unlimited number of incidents. The support contents covers installation and bug reports only. The basic maintenance services also covers the new releases.
     
  2. Application Incident Support Fees
    An Application Support Incident is a request by Licensee for software relating to a separate occurrence, event or problem related to an application, which has prompted the request for the said software support. Licensee may elect to from the following incident support options: Under 15 minutes for FREE or $120 per hour for phone based support or $10,000 per week for on-site support.
     
  3. Additional Services
    At the request of the Licensee, and with the consent of ASP-db may also provide technical, operational or other assistance or consulting to Licensee in excess of the amount included as the Incident Support Fees, at ASP-db's standard hourly rates then in effect.
     
  4. Conditions
    The termination of the License Agreement, or the license granted therein, shall automatically result in the termination of this agreement. ASP-DB MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR WARRANT OF THE FITNESS FOR A PARTICULAR PURPOSE, OF ANY KIND WHATSOEVER, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED BY ASP-DB AND WAIVED BY LICENSEE. ASP-DB SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF IT HAS SEEN ADVISED OF THE POSSIBLE OF SUCH DAMAGES. IN ANY EVENT ASP-DB MAXIMUM LIABILITY TO THE LICENSEE HEREUNDER SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY LICENSEE TO ASP-DB HEREUNDER DURING THE IMMEDIATELY PRECEDING TWELVE MONTHS.
     
  5. Confidentiality
    ASP-db acknowledges that in the course of providing the support services, or other services provided hereunder, ASP-db, or its employees or consultants, maybe supplied with or come into possession of information which is proprietary to the Licensee including information as to Licensees, methods of doing business or operations. ASP-db hereby agrees that it will keep all such information confidential, and will disclose such information to no other person. In addition, ASP-db agrees to take such action as may be necessary or appropriate by way of agreement with, and instruction to, its employees so as to maintain the confidentiality of such confidential information of Licensee.