NumberCruncher Maintenance & Support Policy

Maintenance and Support is provided pursuant to an Agreement entered into at the time of purchase between you (either an individual or a single entity) (herein referred to as the "Licensee") and NumberCruncher.com, Inc. (herein referred to as the "Licensor") for All Orders by NumberCruncher, NumberCruncher Work Orders, NumberCruncher Sales Orders, NumberCruncher Pocket Inventory,All Orders Mobile or All Orders Web software products, which includes the software and all its components as well as off-line, online and electronic documentation and associated media developed by Licensor (herein referred to as the "Licensed Software"). Licensed Software also includes updates, custom reports, custom programs and supplements to the original Licensed Software provided to you by Licensor.

Maintenance

  1. Maintenance entitles Licensee to receive updates, upgrades and new releases or versions of the Licensed Software, including updated documentation, at such time as Licensor makes such updates, upgrades and new releases or versions available generally to its Licensee’s, as Licensor solutions may be provided in its sole discretion without additional charge other than payment of the License Software, Maintenance and Support fees described herein.
  2. Maintenance does not include updates, upgrades and new releases or versions of any third-party software or related documentation included in the Licensed Software
  3. Licensee will receive the initial term of Maintenance upon initial purchase of the Licensed Software.
  4. Maintenance can be renewed by prepaying Licensor the applicable published maintenance fee.
  5. Maintenance shall terminate one (1) year from a) in the case of the first year, the date of Initial Purchase of the Licensed Software or b) in the case of subsequent years from the date of Maintenance renewal.
  6. Upon initial purchase of the Licensed Software or Maintenance renewal, Licensee shall be granted a specified number of prepaid training and implementation hours (herein referred to as "NC Hours").
  7. If Licensee’s Maintenance is interrupted as a result of expiration without renewal or otherwise pursuant to the terms and conditions of this Agreement for a period of more than one month following the beginning of the support term, a reinstatement fee will be charged to the Licensee. Such reinstatement fee will be set at 25% of the total amount of the yearly maintenance and support fees. Such reinstatement fees as well as additional Maintenance Support Fees for any future periods will apply to the maintenance and support term starting from the end of the last period of the last set Maintenance Agreement paid by the Licensee to the Licensor.
  8. Licensee must be party to a current maintenance and support agreement in order to purchase additional users of the Licensed Software and to also purchase new Licensor's products.
  9. Software will cease to operate approximately one (1) month after the expiration of the Maintenance period if not renewed.

Support

  1. Licensee must have Maintenance described above in order to receive Support.
  2. Support entitles the Licensed Software to telephone or assistance at Licensor’s published number, and/or assistance via E-mail or other automated processes, with the Licensed Software. Support is currently available Monday through Friday, 9:00 a.m. to 5:00 p.m. EST. The hours and days of Support are subject to change at any time; provided that Licensor will provide advance notice of any change in the hours and days.
  3. Licensor will attempt to answer Licensee specific questions; however Support is offered to Licensee on a best-efforts basis only and Licensor may not be able to resolve every request for Support. Support is provided for ongoing use of the Licensed Software; it is not intended to be a substitute for professional services or training necessary for the implementation, installation, ongoing operation or redesign of the Licensed Software. All other services, including and without limitation, on-site assistance, custom programming, database and network administration; accounting principles or theoretical training, and custom designed reports, labels and forms, or any of the services outlined in section (6) below may be furnished by Licensor or Authorized Licensor Agent subject to staff availability, and at Licensor’s then current rates and costs. Support is not provided to Licensee for any software or hardware products or licenses that are not part of the Software License Agreement.
  4. The Licensee hereby agrees to abide by the Licensor support procedures and processes as follows:
    • Licensee may call Licensor support telephone line and provide initial support issue description and any other relevant information to Licensor Support Coordinator. Licensor Support Coordinator will then open a Registered Support Ticket and provide Licensee with a Registered Support Ticket Number and proceeds to email a Registered Support Ticket Response Form to the Licensee in less than 24 hours from the initiation of the Registered Support Incident by the Licensee.
    • Licensor’s Internal Help Support Staff may email the Support issue description and any other relevant information to Licensor’s support email account published at that time. The Licensor Support Coordinator receiving the emailed support request will open a Registered Support Ticket and proceed to email a Support Ticket Response to the Licensee in less than 24 hours from the time of receipt of the emailed support request sent by the Licensee.
    • Licensor will maintain a detailed count and description of all Licensee’s requested Registered Support Tickets and will do it’s best to resolve these Registered Support Ticketed Issues in a timely manner.
    • Licensor will not close any Registered Support Tickets without Licensee's consent.
    • Licensee agrees that any Support issue not included in a Registered Support Ticket does not constitute a Support issue and will not be answered, supported or otherwise looked after by the Licensor.
    • Licensor will only provide support for each revision of the Licensed Software following a period of 3 months after the public release of the revision of the Licensed Software, and provided in any case that Licensee has Maintenance described above.
    • For each Registered Support Ticket Number, Licensor will provide Licensee with a record the time spent, in increments of one-eighth (1/8th) of one hour, and nature of Support provided.
  5. The Licensee hereby agrees to pay Support Fees to Licensor as follows:
    • Other than the Additional Services provided below and provided that Licensee has Maintenance,  Licensee may shall be entitled to Support at no additional costs.
    • For Additional Services provided below, Licensee shall purchase support hours at published prices.
  6. The following are considered Additional Services:
    • Unless otherwise agreed; Support for database products and issues, including and without limitation to: set-up and configuration of database products, ongoing database maintenance, database repair, database upkeep and proper backup of Licensed Software data.
    • Unless otherwise agreed; training and providing support on any reporting tools used as additional functional, manufacturing or financial reporting means, as part of the SOFTWARE LICENSE, including but not limited to Data Dynamics tools and Software, Microsoft Access, and Microsoft Reporting Services and OLAP reporting tools. Any such support services are considered training and customization services as per this Agreement, and are not included in the services of this Agreement.
    • Retraining of Licensee new employees or agents, as well as any employees new to a position requiring the use of the Licensed Software. Any requirements for such training may be requested by the Licensee and provided by the Licensor by means of paid training in addition to this Agreement. Licensor’s support staff will not provide such training as per this agreement.
    • Customization and changes to the Licensed Software, creation and updates of reports and labels, and otherwise any customization or updates to the Licensed Software.
    • Any Training and support relating to accounting principles not associated with the Licensed Software purchased by the Licensed Software. Such training and support are deemed to be services outside of this Agreement and may be provided by the Licensor by means of scheduled and paid training.
    • Any issues and Support requirements resulting from the Licensee directly updating or changing the Software database (Microsoft SQL/Server) by means other than entering data directly into the Software. Such updates include processing update, delete and/or insert queries in the SQL/Server database, or importing of lists or otherwise information from external sources.
    • Supporting the Licensed Software as it pertains to operating systems not supported by the Licensor in relation to the Licensed Software.
    • Support provided for issues already resolved or training already conducted in the past to either the same person or to different persons at the Licensed Software’s location.
    • Upgrade services for the Licensed Software. Licensee may choose to have Licensor staff help in the upgrade process at a set and previously agreed upon fee.
    • Any data restoration or database fix due to loss of data and the unavailability or availability of proper backups.
    • Creation and training of labels and reports other than the initial training as per the Software License Agreement.
    • Resolving network, server, workstation or environmental errors not directly related to the Licensed Software.
    • Supporting any Licensed Software being used in a manner for which it was not designed.
    • Issues relating to configuring printers and/or printing labels and reports.
    • Issues relating to configuring mobile devices, scanners, Pocket PCs or smart phone.
  7. It is the Licensee’s responsibility to make and maintain adequate backups and to test the data backed up on a regular basis. In no event will Licensor be responsible for lost data due to inadequate backups and to non-testing of the data backed up on a regular basis.