Updated: March 4, 2020
1. SOFTWARE MAINTENANCE
PrinterLogic will provide the following Maintenance and Support to all Software customers with a current subscription or maintenance contract:
a. Preventive and remedial services to maintain Software in compliance with all applicable specifications and in good operating condition;
b. Updates: PrinterLogic shall provide, as soon as they are made available, to you such upgrades as it provides to the users for the Software from time to time.
c. Telephone support line(s):
North America +1 (435) 652-1288 ext. 2
Germany +49 (6122) 7783900
United Kingdom +44 (20) 39003233
France +33 (1) 85640227
Netherlands +31 (10) 7986140
Australia +61 (2916) 12828
International +1 435.652.1288 ext. 2
Fax International +1 435.652.1821
d. Online access to technical support bulletins and Web sites for all updates and upgrades. Email support requests can be sent to email@example.com.
2. PERFORMANCE OF MAINTENANCE AND SUPPORT
a. Support Qualification: In order to receive support from PrinterLogic, the customer must keep their software reasonably up-to-date. Software versions older than three (3) years will not be supported. For situations in which a customer with an active subscription or maintenance contract requires support for Software greater than three (3) years old, the PrinterLogic support team will first update the customer’s software to the most recent version. Once the software is updated, the support request will be addressed per standard protocol as outlined in this agreement.
b. Business Hours, Service Calls: You may place requests for Support (a “Service Call”) through e-mail or PrinterLogic’s telephone support line. PrinterLogic will provide a fully staffed call center on business days, during the hours of 7:00 a.m. to 5:00 p.m., Monday – Friday MT (except U.S. holidays* or CET holidays** described below). Outside of these hours, telephone support personnel will be accessible by pager. Response times during business and non-business hours are provided below according to the priority level. Your contacts must use commercially reasonable efforts to provide all information that PrinterLogic reasonably requests about each Service Call.
|Priority Level||Definition||Response Time|
|“Non-critical” or General Support Requests||Support requests where a mission critical printing service has not been interrupted in a production environment.||Non-critical support requests during business hours: PrinterLogic will respond within 8 hours.
Non-critical support requests during non-business hours:: PrinterLogic will respond by the close of the next business day per PrinterLogic business hours.
|“Critical”||Support requests qualify as critical if conditions are defined as problems that impact the End User’s operation to the point where the Products (or the products and equipment with which the Products are intended to interoperate) are unavailable or unusable for all users, or the Products cause a complete system failure. A Severity Level 1 condition also exists if time-critical production work is at a standstill or key business processes cannot be conducted.||Critical support requests received during business and non-business hours: PrinterLogic will respond within 4 hours. All critical support requests must be made by phone by calling the PrinterLogic telephone support line.|
*US holidays recognized by PrinterLogic
New Years Day
Day After Thanksgiving
New Year’s Eve
**CET holidays recognized by PrinterLogic
New Years Day (Neujahr)
Good Friday (Karfreitag)
Easter Monday (Ostermontag)
May Day (Tag der Arbeit)
Ascension of Christ (Christi Himmelfahrt)
Pentecost/Whit Monday (Pfingstmontag)
Corpus Christi (Fronleichnam)
Day of German Unity (Tag der deutschen Einheit)
Day of Reformation
Boxing Day/Christ Holiday (Weihnachtsfeiertag)
c. Updates to Maintained Software. Each Update will be provided to you as it is made available by PrinterLogic to any of its customers.
d. Services Performed Remotely. All Maintenance and Support Services covered under this agreement will be performed remotely via remote access, telephone, email, fax, or any other remote means.
e. SaaS Availability. SaaS Services shall be available 99.5%, measured monthly, excluding holidays and weekend and scheduled maintenance.
If you request maintenance during excluded holidays, weekends, or days designated for scheduled maintenance, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting form outages of third party connections or utilities or other reasons beyond PrinterLogic’s control will also be excluded from any such calculation.
PrinterLogic’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of PrinterLogic to provide adequate service levels under this Software Support Service Level Agreement.
3. MAINTENANCE/SUPPORT TERMS
Maintenance/Support is always sold for a fixed term. A Customer is required to renew its Maintenance/Support entitlement prior to the expiration date of the Maintenance/Support term in order to continue to avail itself of the Maintenance/Support benefits. The Customer can only avail itself of Maintenance/Support for those Software Products for which it maintains current Maintenance/Support contracts. Maintenance/Support contracts apply to Software Products as follows:
a. Perpetual Licenses: Perpetual licenses and Maintenance/Support services are sold separately.
b. Subscription Licenses: Subscription licenses and Maintenance/Support services are sold jointly as one product. Maintenance/Support will run concurrent with the subscription license term.
Maintenance/Support is purchased on a per-license basis. The Customer may not purchase Maintenance/Support for a subset of Software Product licenses and then misuse that Maintenance/Support to cover other unsupported Software Product licenses. Prohibited misuse includes calling Technical Support on an issue with unsupported Software Product licenses, or updating an unsupported Software Product license with a maintenance update or new release. To help the Customer remain compliant and keep its infrastructure updated, the Maintenance/Support contract quantity should always equal the quantity of Software Product licenses purchased.
4. RENEWAL PRICING
PrinterLogic is entitled to adjust Maintenance/Support renewal pricing at its discretion provided that the pricing set forth in a renewal quote that has been accepted as contemplated in Section 8 below may not be adjusted. Maintenance/Support renewal prices shall be set out in the applicable price list.
5. MAINTENANCE/SUPPORT RENEWALS – SKU GUIDELINES
Renewal SKUs should be used for the sole purpose of renewing Subscription Licensing. Renewal SKUs should not be used to purchase new or additional Maintenance/Support terms for perpetual licensing rather a new maintenance/support SKU must be used. Incorrectly renewed Software Products will result in Customers obtaining Support Certificates for an incorrect license entitlement, and inaccurate Install Base records.
6. DELAYING INITIAL PURCHASE OF MAINTENANCE/SUPPORT
In some instances, a Customer may elect to purchase PrinterLogic perpetual software licenses without corresponding Maintenance/Support. If the Customer later wishes to purchase Maintenance/Support, they can do so within thirty days (30) of the initial purchase of the perpetual license without incurring additional charges. The new Maintenance/Support Contract will have a Start Date starting on the day the original perpetual license was purchased (Booking Date). Initial Maintenance/Support SKUs should be used in this scenario.
If a customer elects to purchase Maintenance/Support more than thirty (30) days after initial purchase of the perpetual license, then the Customer must still purchase an initial Maintenance/Support SKU that will be backdated to the day the original license was purchased. The Customer will be subject to the reinstatement fee of twenty-five percent (25%) of the total Maintenance/Support fee. The new Maintenance/Support Contract will have a Maintenance/Support Start Date starting on the day the original license was purchased.
7. REINSTATING MAINTENANCE/SUPPORT AFTER LAPSE
Customers with expired Maintenance/Support Contracts on perpetual licenses automatically lose their entitlements to Maintenance/Support benefits as explained in Section 1 above. Where a Customer has allowed its Maintenance/Support Contract to lapse, PrinterLogic reserves the right to require the Customer to reinstate its Maintenance/Support as follows:
There is a thirty (30) day window after the Maintenance/Support contract expiration date before Reinstatement Fees are assessed. After expiration of the thirty (30) day window, if the Customer elects to purchase Maintenance/Support, the Customer will be required to pay for the lapsed period of Maintenance/Support AND a Maintenance/Support re-instatement fee equal to twenty-five percent (25%) of the total lapsed Maintenance/Support fee.
8. SUBSCRIPTION LICENSE RENEWAL/REINSTATEMENT
Maintenance/Support is sold as part of a Subscription License term. Once a Subscription License term expires, Maintenance/Support expires as well. Prior to the expiration of a Subscription License, the Customer may receive a renewal quote from PrinterLogic. The Customer must renew their Subscription License prior to the subscription term expiration date or within thirty (30) days thereafter in order to take advantage of the renewal quote. If at any time after thirty (30) days from the subscription expiration date the Customer elects to renew their Subscription License, the Customer may purchase a new Subscription License at the then-current market value.
9. RENEWING EARLY
A Customer can elect (by placing an order directly with PrinterLogic or via its chosen Partner) to renew its Support Contract any time prior to the Maintenance/Support End Date. The Maintenance/Support Start Date will be the day after the original Maintenance/Support End Date as expressed on the Customer’s Maintenance/Support Agreement.
10. MULTI-YEAR RENEWALS
After the Initial Maintenance/Support Term for Perpetual Licenses or the Subscription License Term, Customers may request a multi-year Renewal Term. Such requests will be accommodated provided the requested multi-year renewal duration complies with the End of Life (EOL) and End of Support Life (EOSL) timelines, as defined in the End of Life Policy and the applicable end of version support plans (i.e. sunset plans) for those products.
There may be cases where the Customer has purchased PrinterLogic Software Products with Maintenance/Support at different times resulting in multiple Maintenance/Support Contracts with different End Dates. It may be possible to align the Maintenance/Support Contracts to a single renewal date for ease of future renewals; such alignment depends on the Licensing Program and the proximity of the Maintenance/Support End Dates to each other. This process is referred to as “co-termination.”
At time of Maintenance/Support renewal, PrinterLogic may request co-termination and pricing will be provided to Customer for new terms.
12. COMPLIANCE OBLIGATIONS
PrinterLogic would like to ensure that the Customer fully benefits from its PrinterLogic Software Product investment by being licensed appropriately. The following section outlines a Customer’s compliance obligations relating to PrinterLogic Software Products and Maintenance/Support.
a. License Compliance Obligations
It is the Customer’s responsibility to manage its PrinterLogic Software Product licenses on an ongoing basis, and to be compliant with respect to PrinterLogic’s Software Product and Maintenance/Support as follows:
i. Software Product: Use of the PrinterLogic Software Product, as set out in Customer’s agreement and/or EULA, shall be in the quantities and at the use levels purchased from PrinterLogic. The use level means the license unit measurement or model, by which PrinterLogic measures, prices and sells the right to use a given Software Product license. Information relating to use level including license type (perpetual or subscription) and quantity is indicated on the appropriate Purchase Order and accompanying Software Product license, EULA or SaaS Agreement.