Data Translation DT9835, Руководство пользователя

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Data Translation Support Policy
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
(a) Licensee's modification of the Software, (b)
Licensee's failure to utilize the then-current release,
or the immediately previous Enhanced Release, of
the Software, (c) Licensee's failure to maintain Data
Translation Support Services throughout the term of
the Agreement, (d) problems, errors or inquiries
relating to computer hardware or software other than
the Software, or (e) problems, errors or inquiries
resulting from the misuse or damage or of the
Software or from the combination of the Software
with other programming or equipment to the extent
such combination has not been authorized by Data
Translation. Pursuant to Section 2.4 of the
Agreement, the Support Fee will also be adjusted in
accordance with Data Translation's then current fee
schedule as additional Licensed Processors are
added. Support Fees do not include travel and living
expenses or expenses for installation, training, file
conversion costs, optional products and services,
directories, shipping charges or the cost of any
recommended hardware, third party software, or third
party software maintenance fees or operating system
upgrade.
7. WARRANTY LIMITATION.
EXCEPT AS EXPRESSLY STATED IN THIS
SUPPORT POLICY, THERE ARE NO EXPRESS
OR IMPLIED WARRANTIES WITH RESPECT TO
THE SUPPORT SERVICES PROVIDED
HEREUNDER (INCLUDING THE FIXING OF
ERRORS THAT MAY BE CONTAINED IN THE
APPLICABLE DATA TRANSLATION
SOFTWARE), INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE WARRANTIES
AND REMEDIES SET FORTH IN THIS SUPPORT
POLICY ARE EXCLUSIVE, AND ARE IN LIEU
OF ALL OTHER WARRANTIES WHETHER
ORAL OR WRITTEN, EXPRESS OR IMPLIED.
8. GENERAL PROVISIONS.
Upon the election by Licensee to obtain Support
Services, the terms of this Support Policy shall be
governed by and are made a part of the Agreement.