Data Translation DT3162, User Manual

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Data Translation Support Policy
operating systems used with the Products, and this
Support Policy does not cover training of, or detailed
direction on the correct use of these compilers,
operating systems, or components thereof. On-site
assistance shall not be provided hereunder, but may
be available on a per call basis at Data Translation's
then current rates (Specialized Application Support
Charges) for labor, travel time, transportation,
subsistence and materials during normal business
hours, excluding holidays observed by Data
Translation. The troubleshooting of faulty Licensee
programming logic may also be subject to
Specialized Application Support Charges and is not
covered under this Support Policy. Direct authoring
or development of customized application code is not
provided hereunder but may be available on a per call
basis upon payment of Specialized Application
Support Charges.
4. LICENSEE'S OBLIGATIONS.
Licensee agrees: (a) that the Designated Contact
persons identified on the Support Order Form (or
such other replacement individuals as Licensee may
designate in writing to Data Translation) shall be the
sole contacts for the coordination and receipt of the
Support Services set forth in Section 2 of this Support
Policy; (b) to maintain for the term of the support, an
internet address for electronic mail communications
with Data Translation; (c) to provide reasonable
supporting data (including written descriptions of
problems, as requested by Data Translation) and to
aid in the identification of reported problems; (d) to
install and treat all software releases delivered under
this Support Policy as Software in accordance with
the terms of the Agreement; and (e) to maintain the
Agreement in force and effect.
5. TERM AND TERMINATION.
5.1 Term. For each Product comprising the
Software, Support Services will begin on the later of
the date the Software warranty granted in the
Agreement expires or the date of Licensee's election
to obtain Support Services and will apply to such
Product for an initial term of one (1) year, unless an
alternative commencement date is identified in the
Support Order Form. The initial term will
automatically be extended for additional terms of one
(1) year unless Support Services are terminated at the
expiration of the initial term or any additional term,
by either party upon thirty (30) days prior written
notice to the other party.
5.2 Default. If Licensee is in default of its
obligations under the Agreement (except for
Licensee's obligation to maintain valid licenses for
the Software, in which case termination is
immediate) and such default continues for thirty (30)
days following receipt of written notice from Data
Translation, Data Translation may, in addition to any
other remedies it may have, terminate the Support
Services.
6. CHARGES, TAXES AND PAYMENTS.
6.1 Payment. The Support Fee in respect of the
initial term, and, as adjusted pursuant to Section 5.2
in respect of additional terms, is payable in full prior
to the commencement of the initial term or any
additional term, as applicable.
6.2 Changes From Term to Term. The Support Fee
and the terms and conditions of this Support Policy
may be subject to change effective at the end of the
initial term or any additional term by giving Licensee
at least sixty (60) days prior written notice.
6.3 Taxes. The charges specified in this Support
Policy are exclusive of taxes. Licensee will pay, or
reimburse Data Translation, for all taxes imposed on
Licensee or Data Translation arising out of this
Support Policy except for any income tax imposed on
Data Translation by a governmental entity. Such
charges shall be grossed-up for any withholding tax
imposed on Data Translation by a foreign
governmental entity.
6.4 Additional Charges. Licensee agrees that Data
Translation or its authorized distributor will have the
right to charge in accordance with Data Translation's
then-current policies for any services resulting from