"Content" Software, Materials, Services and other related information are collectively referred to as "Content."
"You" or "you" "You" means you individually, any person, including any employer that you are acting on behalf of.
"Aaxiom Technology Certified Technician(s)" "Aaxiom Technology Certified Technician means" technicians and specialists certified by Aaxiom Technology to perform the Services under this Agreement.
"Subscription Based Plans" "Subscription Based Plans" or "Subscription/(s)" are tenured Subscription plans offered by Aaxiom Technology that are active for a specified period and will not include any incident based plans such as "INSTANT FIX PLAN" or the like.
"Materials" "Materials" means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the Aaxiom Technology Portal are the proprietary and copyrighted work of Aaxiom Technology and/or its suppliers. The definition of "Materials" does not include the design or layout of the Aaxiom Technology web site or any other Aaxiom Technology owned, operated, licensed or controlled website. "Software"
"Software" means a computer program of any kind, whether owned by Aaxiom Technology or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both Aaxiom Technology Software and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms").
SUBMISSION OF PLAN ORDERS; SERVICE PLANS You may order Services by submitting Plan Orders through the Aaxiom Technology Portal or by calling Aaxiom Technology. Once Aaxiom Technology accepts the Plan Order submitted by you, then you will receive an email from Aaxiom Technology at the email address that you provide or have provided to Aaxiom Technology as part of the Registration Process for the Services.Aaxiom Technology is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Aaxiom Technology of a Plan Order, you will have a Service Plan.
UNDERTAKING Subject to the Terms and Conditions, and other terms specific to each Service Plan, Aaxiom Technology will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Aaxiom Technology will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including access. You understand that if access is used on your computer there will be no residual software from the session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under Service Plans are subject to Aaxiom Technology’S Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1-800-608-1198 you agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.
PAYMENT Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. All payments against the plan orders will be collected by Aaxiom Technology . Aaxiom Technology has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made. Subject to the applicable Plan, all payments under the under 3 Months ( 90 Days ) shall be made upfront at time of commencement of the subscription cycle. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Service Plan.
When you purchased the Service, you agreed to a specific price and plan, where such plan is not more than 90 days ( 3 Months ) You agree to maintain your service for the applicable term. If you signed up for a Monthly Plans , the price available with those plans is valid until one of the following occurs:
Credit Card Billing You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize Aaxiom Technology to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Aaxiom Technology and/or any other company who bills products or services, or acts as billing agent for Aaxiom Technology to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide Aaxiom Technology with updated credit card information upon Aaxiom Technology’S request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Aaxiom Technology nor any Aaxiom Technology affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Aaxiom Technology’S option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer.
For subscription based plans; a full refund will be issued if Aaxiom Technology has not been able to resolve even a single issue for you within the first 15 days of the subscription.
If there are one or more resolved issues, the fees for the Subscription Service will not be refundable. Notwithstanding this Aaxiom Technology may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charges for servicing the Customer. For incident based plans, you will be eligible for refund when any of the following criterions are met: You have all the prerequisites which were required to resolve the problem and Issue was not resolved till the time account was active. The issue is out of scope for the particular plan 15 days have not passed after the issue was last worked upon by an Aaxiom Technology technician
PERSONAL AND NON-COMMERCIAL USE LIMITATION Unless otherwise specified, the Services, Materials and Software are solely for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION: Though Aaxiom Technology has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber's use of the support services for the subscription based plans are subject to Aaxiom Technology’S "fair use" policy. Under this policy, if at any time, in Aaxiom Technology’S sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then; Aaxiom Technology reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, Aaxiom Technology reserves the right to suspend or terminate any Subscription Services of any Subscriber that Aaxiom Technology, in its sole discretion, determines are being used: (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to Aaxiom Technology; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
COMMUNICATIONS SERVICES Aaxiom Technology may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with Aaxiom Technology’S employees and others as appropriate to your Service under a Plan Order (each a "Communication Service" and collectively "Communication Services"). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.
LIMITED LICENSES TO USE THE Aaxiom Technology PORTAL, MATERIALS AND SOFTWARE As permitted through a Service, you may use Materials and Software posted on the Aaxiom Technology Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS Any other use of the Aaxiom Technology Portal, Services, Materials or Software, other than as explicitly permitted by Aaxiom Technology is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Aaxiom Technology and its suppliers. Reverse engineering and de compilation of the Software is strictly prohibited. USER RESPONSIBILITY
In connection with obtaining Services, you agree that you will:
The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals.
You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident; The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with Aaxiom Technology support personnel.
Software/Data Backup: You understand and agree that Aaxiom Technology shall under no circumstance be responsible for any lost or corrupted software or data. Aaxiom Technology strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify Aaxiom Technology immediately of any unauthorized use of your account or any other breach of security. Aaxiom Technology will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Aaxiom Technology or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES You hereby acknowledge that circumstances outside of Aaxiom Technology’S reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in Aaxiom Technology’S ability to schedule a support session. You hereby release Aaxiom Technology from any and all liability, and agree that Aaxiom Technology shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Aaxiom Technology or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control. EXCLUSIONS FROM "SERVICES"
"Services" shall not include the following:
any item or activity not covered by the terms of a Plan Order;
service beyond the duration limitations identified in your Plan Order;
problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan; Problems that may and do result from;
External causes such as accident, abuse, misuse, or problems with electrical power;
Usage that is not in accordance with product instructions provided by manufacture;
Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
Problems caused by using accessories, parts, or components not compatible with the product.
Non Compliance with the Aaxiom Technology technician instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE Aaxiom Technology PORTAL, OR THROUGH A SERVICE For your convenience, Aaxiom Technology may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of
the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or if there is no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
END USER LICENSE AGREEMENTS (EULA) - GENERALLY In connection with our Service, we may provide to you, the use of certain software which is owned by Aaxiom Technology or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose. The Software may be accompanied by a EULA from Aaxiom Technology or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.
EULA FOR Aaxiom Technology SOFTWARE With regard to any Software made available to you by Aaxiom Technology through the Aaxiom Technology Portal for which your acceptance of a separate license agreement is not required ("Aaxiom Technology Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by Aaxiom Technology to use the Aaxiom Technology Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the Aaxiom Technology Software. You agree that the Aaxiom Technology Software is the confidential and proprietary information of Aaxiom Technology or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Aaxiom Technology Software, or otherwise reduce the Aaxiom Technology Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Aaxiom Technology Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Aaxiom Technology Software. You acknowledge that this license is not a sale of intellectual property and that Aaxiom Technology or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Aaxiom Technology Software and related documentation, as well as any corrections, updates and upgrades. The Aaxiom Technology Software may be used only in the country of residence at the time of acceptance of these terms for use of the Aaxiom Technology Software. Export of the Aaxiom Technology Software is strictly prohibited.
THIRD PARTY PRODUCTS As part of the Services, Aaxiom Technology may suggest that you acquire, install and use certain third party software or services ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Aaxiom Technology assists you in the acquisition, installation, and/or use of Third Party Software. Aaxiom Technology has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
Your license to the Aaxiom Technology Software shall remain in full force and effect unless and until terminated by Aaxiom Technology, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the Aaxiom Technology Software and immediately delete the Aaxiom Technology Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
THIRD PARTY AGREEMENTS As part of the Services, Aaxiom Technology may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to portal, technical support training, music, gaming and storage services that Aaxiom Technology may elect to make available from time to time. Violation of such third party provider's terms of service may, in Aaxiom Technology’S sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY Aaxiom Technology DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW Aaxiom Technology TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE. SOME OF THE Aaxiom Technology SERVICE PLANS COME WITH A 7- DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7- DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT Aaxiom Technology AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS A`BOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. Aaxiom Technology AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Aaxiom Technology AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME. IN NO EVENT SHALL Aaxiom Technology AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
LIMITATION OF LIABILITY Notwithstanding anything to the contrary in no event shall Aaxiom Technology be liable to you in excess of the amounts actually paid by you to Aaxiom Technology under the Plan Order that is the subject of the dispute.
LIMITATIONS ON ACTIONS Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
TERM AND TERMINATION Aaxiom Technology at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Aaxiom Technology:
you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software;
SEVERABILITY WAIVER If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. Aaxiom Technology’S failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
NO OFFER The Aaxiom Technology Portal is available internationally and may contain references to Aaxiom Technology products, services, and programs that are not available in a viewer's country. These references do not imply that Aaxiom Technology intends to make such products, services, or programs available in such country.
MODIFICATION Aaxiom Technology reserves the right to amend the Terms and Condition, and the Aaxiom Technology Portal at any time by
LAW FORUM This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.