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Licensor agrees to use its best efforts, at a level consistent with services providing a similar level of service in the <br />information technology industry, in the performance of the services called for hereunder. <br />3.3 ON-SITE ASSISTANCE. At Licensor's discretion, Licensor may deem it necessary to provide Maintenance <br />and Support at the Licensee's site. In such event, Licensee will reimburse Licensor for all related travel <br />expenses and costs for board and lodging. <br />3.4 INSTALLATION AND CONVERSION. Upon Licensee's request, Licensor can perform the installation and/or <br />conversion of the Software. Unless otherwise agreed, the costs hereof shall be invoiced to Licensee on the <br />basis of Licensor then-current rates. <br />3.5 CAUSES WHICH ARE NOT ATTRIBUTABLE TO LICENSOR. Maintenance and Support will not include <br />services requested as a result of or with respect to, causes which are not attributable to Licensor. These <br />services will be billed to Licensee at Licensor's then-current rates. Causes which are not attributable to <br />Licensor include, but are not limited to: <br />3.5.1 accident: unusual physical, electrical or electromagnetic stress; neglect; misuse; failure orfluctuation of <br />electric power, air conditioning or humidity control; failure of rotation media not furnished by Licensor; <br />excessive heating; fire and/or smoke damage; operation of the Software with other media and <br />hardware, software or telecommunication interfaces not meeting or not maintained in accordance with <br />the manufacturer's specifications; or causes other than ordinary use; <br />3.5.2 improper installation by Licensee or use of the Software that deviates from any operating procedures <br />established by Licensor in the applicable Documentation; <br />3.5.3 modification, alteration or addition or attempted modification, alteration or addition of the Software <br />undertaken by persons other than Licensor or Licensor's authorized representatives; <br />3.5.4 software programs made by Licensee or other parties which affect the normal operation of the Software. <br />4.0 RESPONSIBILITIES OF LICENSEE <br />Licensor's provision of Maintenance and Support to Licensee is subject to the following: <br />4.1 Licensee shall provide Licensor with access to Licensee's personnel and equipment during normal business <br />hours as required to maintain and support the software and approved equipment. <br />4.2 Licensee shall provide supervision, control and management of the use of the Software. In addition, Licensee <br />shall implement procedures for the protection of information and backup in the event of errors or malfunction of <br />the Software or Equipment. <br />4.3 Licensee shall document and promptly report all errors or malfunctions of the Software to Licensor. Licensee <br />shall take all steps necessary to carry out procedures for the rectifcation of errors or malfunctions within a <br />reasonable time after such procedures have been received from Licensor. <br />4.4 For Licensed Sofware that is installed on Licensee's premises or equipment, Licensee shall maintain a current <br />backup copy of all programs and data for Software and/or Products. <br />4.5 Licensee shall properly train its personnel in the use and application of the Software and the Equipment on <br />which it is used. <br />4.6 Licensee is required to provide written notice of its intent not to renew the Maintenance and Support <br />Agreement. Licensee must provide such notice at least ninety (90) days prior to the expiration of the then- <br />currentterm. <br />6 of 7 Initials of Licensee's <br />Authorized Repmsen~ <br />