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Res 2008-051
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Res 2008-051
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Last modified
9/4/2008 1:40:13 PM
Creation date
4/22/2008 9:38:06 AM
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Template:
City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2008-51
Date
4/15/2008
Volume Book
175
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ATTACHMENT C <br />Warranty and Support Agreement <br />1. INTRODUCTION <br />Eka stands behind our products with an expert team of customer support engineers and product <br />development engineers. Our mission is to help you derive maximum value from your network and <br />to ensure your complete satisfaction with Eka Systems products and services <br />2. SUPPORT SERVICES <br />Support Services consist of: <br />(a) Off-site Error Correction and Telephone Support provided to Customer's Technical Support <br />Contact concerning Priority 1 (Critical) and Priority 2 (Serious) problems that cannot be solved by <br />Customer's Technical Support contact regarding the installation and use of HARDWARE and the <br />then-current release of SOFTWARE and the Previous Sequential Release; <br />(b) Telephone consultation with Customer on minor problems and potential product <br />enhancements; and <br />(c) Product updates that, Eka Systems, at its discretion makes generally available. Product updates <br />consist of copies of published revisions to the printed documentation and copies of revisions to the <br />machine-readable SOFTWARE which are not designated by Eka Systems as products for which it <br />charges a separate fee. All product updates provided to Customer shall be governed by the terms of <br />the Agreement, including without limitation the software licensing provisions of the Agreement. <br />Customer shall be responsible for first and second level support of its End-Users and distribution of <br />maintenance software releases. First and second level support includes: <br />• Providing initial installation and configuration services. <br />• Providing support to all end-users. Eka Systems will provide support to the trained <br />Customer's personnel who provide support to the End-Users. <br />• Answering most installation, use and problem queries from Customer's End-Users <br />including provisions of existing workarounds to their End-Users. <br />• Where practical, replicating an End-User problem and sending all relevant technical data <br />on the replication to Eka Systems. <br />• Performing the upgrades to all products <br />• Identifying hardware problems and returning failed units for repair. <br />• Maintaining adequate spare units <br />3. FEES AND PAYMENT <br />For each unit of Product the Customer has purchased, the Customer shall pay Eka Systems the <br />applicable Support Services (software and hardware warranty) fee currently set at 18 percent <br />annually based on the current retail market software price. <br />Customer shall be responsible for all taxes associated with Support Services other than U.S. taxes <br />based on Eka Systems' net income. <br />Customer's payment is due annually for each Support Services contract ordered. In the event <br />Customer fails to pay Eka Systems for each Support Services contract on the due date, Eka Systems <br />will send notice that it will cancel support services. After 90 days from cancellation, to reinstate or <br />Advanced Metering Infrastructure Agreement Page 30 <br />
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