CIRESON SUPPORT AND MAINTENANCE POLICY
Cireson will provide “Support” (as described below) and “Maintenance” (as described below) during the support period which shall initially be for a period of one (1) year from the date of delivery of the product license keys (“Initial Support Period”)
Support and Maintenance must be renewed on an annual basis (each, a “Renewal Support Period”). To renew Support and Maintenance, a purchase order must be submitted to Cireson at email@example.com within thirty (30) days of the expiration of the Initial Support Period, or the then-current Renewal Support Period. Following receipt of said purchase order, Cireson will invoice you for the fees due. Failure to pay Support and Maintenance Fees invoiced may result in the suspension or termination of Support and Maintenance (including, but not limited to, suspension or loss of upgrades, bug fixes, email support, telephone support and portal support). Suspension or termination does not relieve you from paying Support and Maintenance Fees once you submit a purchase order and Cireson invoices you. If you elect not to renew Support and Maintenance and then later wish to reinstate Support and Maintenance, you must pay the Support and Maintenance Fees you would have owed had you continuously maintained Support and Maintenance which shall be calculated from the date of the expiration of last paid Support Period to the date of reactivation of Support and Maintenance, plus a reactivation fee equal to ten percent (10%) of the aggregate fees. All Support and Maintenance Fees are earned when paid and are non-refundable. No pro-rata refunds will be issued.
If you believe that the Software is not operating in substantial conformance with Cireson’s documentation or when operated as recommended by Cireson, you shall notify Cireson and provide adequate information and access to enable Cireson to identify errors. Cireson will promptly investigate the error and advise you of its plans to correct the error(s). Cireson is not obligated to provide Support with respect to upgrading from one version of the Software to another version of the Software. Cireson is not obligated to Support Software that has been customized or otherwise modified by you or third parties, other than with the provided administrative tools, without the execution of a Services Agreement concerning the provision of professional services required to support custom instances of the Software by you and your payment of additional compensation for said professional services. If covered by Cireson’s limited warranty, errors shall be prioritized by Licensor as follows:
- Priority 1 Error (Emergency): Severe business disruption. Cireson will work continuously using commercially reasonable efforts until resolved.
- Priority 2 Error (Disadvantageous): Minor business disruption and loss of operability. The Software is useable, provides most, but not all of its documented functions to a small group of individuals. Cireson shall use commercially reasonable efforts to provide a resolution within ten (10) business days of receipt of an error report.
- Priority 3 Error (Inconvenient): Individual or small group affected with no business disruption. The Software is usable but due to an error does not provide the function in the most convenient way. Cireson shall use commercially reasonable efforts to provide a resolution within fifteen (15) business days of receipt of an error report.
Cireson will provide email and portal support for error report and resolution. Emails should be placed by your designated representative(s). Email and portal support will be available Monday through Friday, excluding local holidays, during the following times depending on your location:
Americas: 7am – 6pm San Diego PST (UTC -8)
Europe/Middle East/Africa: 9am – 6pm London GMT (UTC +0)
Asia-Pacific: 6:30am – 3:30pm ACST (UTC +9:30)
With portal support, you will have access to the Cireson knowledge base as well 24/7. Technical Support can be reached via Cireson’s support portal at: https://support.cireson.com.
During the Initial Support Period and, if applicable, each Renewal Support Period, Cireson will maintain the Software by providing you with software updates and enhancements applicable to the then-current version of each application comprising the Software licensed by you. All software updates and enhancements provided to you by Cireson shall be subject to the terms and conditions of our Software License and Maintenance Agreement, if you purchased a perpetual license, or our Subscription Agreement, if you purchased a subscription to the Software. Updates will be provided on an as-available basis and include the items listed below:
- Bug fixes
- Enhancements to keep current with the current Microsoft System Center software releases
- Performance and feature enhancements
Cireson will provide Maintenance only for the then-current version or release of each application comprising the Software and will not provide Maintenance for any previous version or release. Cireson assumes no responsibility for the correctness of, performance of, or any resulting incompatibilities with, current or future releases of each application comprising the Software if the you have made changes to the software configuration or modifications to any supplied source code which changes effect the performance of the Software and were made without prior notification and written approval by Cireson. Cireson assumes no responsibility for the operation or performance of any third-party application.
Maintenance does not include any of the following: (1) custom programming services; (2) on-site support, including installation of hardware or software; (3) support of any software not covered by an Agreement between you and Cireson; (4) training; (5) any other services that are not documented within this policy or an Agreement with Cireson, including, but not limited to assisting you with upgrading from one version of the Software to the next.
CIRESON SOFTWARE ASSURANCE POLICY
If you have licensed Business Management Solution, Service Management Stream, Asset Management Stream, and/or Essentials Management Stream, you must pay the Software Assurance Fee as indicated on your Invoice, which will entitle you to receive for immediate download, new software applications developed and/or released by Cireson which Cireson adds to the Solution or Stream(s) licensed by you. A “Stream” consists of a series of related software applications developed to assist you with a particular need (e.g. Asset Management, Service Management, or Essentials Management).
The payment of the initial Software Assurance Fee shall entitle you to Software Assurance for each Solution or Stream licensed by you for a period of one (1) year from the date of delivery of the product license keys. Software Assurance must be renewed on an annual basis. To renew Software Assurance, a purchase order must be submitted to Cireson at firstname.lastname@example.org not later than thirty (30) days after the expiration of the then-current period. Following receipt of said purchase order, Cireson will invoice you for the fee(s) due. Failure to pay Software Assurance Fee(s) invoiced may result in the suspension or termination of Software Assurance. Suspension or termination does not relieve you from pay Software Assurance Fees once you submit a purchase order and Cireson invoices you. Cireson shall have the right to modify this Software Assurance Policy from time to time in its discretion upon written notice to you. All Software Assurance Fees shall be earned when paid and shall be non-refundable. No pro-rata refunds will be issued.