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This Agreement made this 1st day of January 2010 (the "Effective Date")
By and Between:
Metasoft Systems, Inc. (MSI), a B.C. incorporated company, having its principal place of business at Suite 203, 1080 Howe Street, B.C, V6G 2T1, Canada
and
ABC Inc., having its principal place of business at 123 Main Street, New York, NY 12345 USA, known hereinafter as the "Client" or "the Customer":
1. PAYMENT:
Client hereby agrees to pay an Annual Support and Maintenance Fee ("Fee") for the following Product(s):
Imager Print Capture Driver for Windows for XP,
Object Code, Client Version - $_____ USD
Up to eight (8) hours of support per product will be provided. Thereafter, additional support requested by Customer will be provided at $_____ USD per hour.
2.0 PRODUCT SUPPORT:
In consideration of any Annual Product Support Fee paid by Client according to Item 1 of this Agreement, Product Support will be provided for a period of three hundred and sixty-five days from the Effective Date of this Agreement for all Products listed under this Agreement. MSI may, anytime during this period, and at its sole discretion, discontinue Annual Product Support and Maintenance for any Product by providing fifteen days notice to Client and providing Client with a refund of any unused portion of the Annual Product Support Fee, calculated on a calendar pro-rata basis. Product Support provided to Client includes:
2.1 Telephone Technical Support provided to Client Monday to Friday, excluding Canadian public holidays, during the hours of 9AM to 5PM Canadian Pacific Time to assist Client in resolving technical problems experienced by Client with the Product.
2.2 Product fixes provided to Client as required to repair Product features which do not function according to Product technical specifications as published by MSI, except in cases where Client has modified the Product ("Client Modified Product"). Client shall notify MSI in writing of each problem, which occurs in Product.
For each occurrence of a Problem for which MSI receives notification from Client, MSI will commence work no longer than four business days after receipt of notification and will work continuously to create a resolution until a repair ("Fix") is made. Such Fixes will be supplied to Client for implementation without delay.
2.3 Product enhancements provided to Client at MSI's discretion as and when MSI deems necessary.
2.4 Client access to MSI Web Site to provide delivery of Product fixes and enhancements as required.
3.0 LIMITATION OF LIABILITY:
In no event will MSI be liable for any special, incidental or consequential damages arising from services performed or Product provided under this Agreement, even if MSI has been advised of the possibility of the same.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives.
Date: ___________________ Date: ___________________
METASOFT SYSTEMS, INC. ABC INC.
________________________ ________________________
Signature Signature
________________________ ________________________
Name Name
________________________ ________________________
Title Title
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