Software Technical Support Agreement - Mountain CAD

Software Technical Support Agreement

This agreement for Software Technical Support (the Agreement), is entered into on this ________ day of _____________, 20_____, (the Effective Date) between Mountain CAD, LLC, a limited liability company with principal office at 2415 Dearborn Avenue, Missoula, MT 59801-7529; telephone: 406.728.1088 / 800.567.8485, fax: 406.728.1987, e-mail: support@myeterra.com; and _____________________________________________________________ ________________________________________ (Customer) a _____________________________ with office at ____________________________________________________________.

(Businesses with multiple offices must purchase an Agreement for each office location.)

List all Software to be covered by this Software Technical Support Agreement: (attach separate sheet if necessary, separate sheet will become 'Exhibit 1'.)

Software___________ Release________ Number of Seats _____
Software___________ Release________ Number of Seats _____
Software___________ Release________ Number of Seats _____
Software___________ Release________ Number of Seats _____

(The above listed software product(s) must abide by the terms & conditions under "Supported Software" as outlined on Page 2 of this Agreement)

The Parties Hereto Agree:

Definitions

• Contract Number: This Contract Number is used to access the Software Technical Support Team at Mountain CAD, LLC This Contract Number MUST BE used whenever contacting Mountain CAD, LLC for software technical support.
• Technical Support: Technical Support refers to questions regarding defects in the software, software error messages, and software installation and configuration assistance. This support agreement does not include questions regarding operating systems, computer hardware or peripheral specific settings, computer networking or "how to" questions.
• Customization: Customization includes any modification to above listed software product(s) that alters the "out-of-box" installation.
• Incident: A Software Technical Support Incident is a question or situation with regard to a given Software Technical Support Issue - multiple Issues within a given Software Technical Support conversation may constitute multiple Incidents if said Incidents are not related to the purpose of the original Software Technical Support Issue.
• Training: Training refers to issues relating to general, day-to-day use of software product and/or software product functionality (how-to), and is not covered by this agreement. Mountain CAD, LLC offers Training Classes to assist with learning of the software products(s).

Service

Mountain CAD, LLC is in business to help individuals and firms gain control of their Computer-Aided Drafting software needs. All of our efforts and software products are designed to meet these needs. Mountain CAD, LLC, will provide software technical advice, suggestions, and answers to questions regarding the software product(s) covered by this Agreement via telephone call, e-mail or fax transmission. A professional technician will respond within four business hours of Customer's contact by telephone call, e-mail, or fax transmission requesting such assistance. Such requests must be placed within normal business hours of 8:00 a.m. and 5:00 p.m. Mountain Time, Monday through Friday, excluding all national holidays.

Term

The term of this Agreement begins on the above listed date. This Agreement does not provide unlimited Software Technical Support in situations where the issue is unlikely to be resolved due to conditions beyond Mountain CAD, LLC control. Software Technical Support shall be purchased in a Five Incident Pack on a twelve month time cycle at an initial rate of $200.00 per cycle. This Agreement will expire upon completion of the twelve month cycle or after the Five Incidents have been exhausted, whichever occurs first, unless earlier terminated by either party upon thirty days written notice. This Agreement is renewable by Customer by paying Mountain CAD, LLC, at the then prevailing rate (renewal rate) for an additional Five Incident Pack twelve month cycle. The current renewal rate is $200.00 per Five Incident Pack twelve month cycle.

Charges

All fees are subject to change by Mountain CAD, LLC, and will take effect upon renewal of this Agreement. Any and all taxes however designated, whether local, state, or federal (excluding taxes based on the net income of Mountain CAD, LLC), levied, imposed, or assessed by reason of this Agreement or its performance, including but not limited to sales or use taxes, shall be paid by Customer.

Supported Software

Only the current or most recent prior release (version) of these individual software products will be supported. The following is a list of software products supported by this Agreement: AutoCAD, Autodesk Map, Autodesk Raster Design (Autodesk CAD Overlay), Autodesk Architectural Studio, Autodesk Architectural Desktop, Autodesk Building Electrical, Autodesk Building Mechanical, Autodesk Civil Series, Autodesk Land Desktop, Autodesk Civil Design, Autodesk Survey, Autodesk Field Survey, Autodesk VIZ, AutoCAD LT, Autodesk OnSite and Autodesk Volo View. Mountain CAD, LLC offers on-site Software Technical Support at a rate of $75.00 per hour, this is NOT included in this Agreement. Customer must list said software products to be supported on Page 1 of this Agreement

Contract Number

Your Software Technical Support Contract Number is _____ . This Contract Number is required whenever calling for Software Technical Support. It is the responsibility of the Company's Contact(s) listed below to retain and provide this Contract Number for access to our Software Technical Support Technician(s).

Customer Contact(s)

There is a maximum of two (2) Customer Contacts per office for Software Technical Support. These individuals will be the ONLY AUTHORIZED Software Technical Support Customer Contacts. Please list Customer Contact(s) below:
Customer Contact #1_____________________________________________
Customer Contact #2_____________________________________________
If there is a Customer Contact change, it is the responsibility of Customer to notify Mountain CAD, LLC in a timely manner so that records may be updated to reflect the change and provide unencumbered Software Technical Support.

Warranties and Limitations

Mountain CAD, LLC, warrants that it will use reasonable efforts to provide satisfactory response to Customer's request provided these requests are exclusively related to the product(s) covered in this Agreement. Support is available only for the manufacturer's products listed under "Supported Software" on Page 2 of this Agreement. Only the current or most recent prior release (version) of these individual software products will be supported. Some of these manufacturers distribute products that may not be supported by Mountain CAD, LLC Software Technical Support does not pertain to questions regarding customization or training. No representation is made by Mountain CAD, LLC that technicians will be able to provide assistance to covered products if these products have been altered or customized. Furthermore, Mountain CAD, LLC, does not warrant the compatibility of covered products with other software or hardware installed, used and/or operated by Customer.

Limitation of Liability

Customer agrees that Mountain CAD, LLC's liability for damages, regardless of form or action, will not exceed the amount paid by Customer to Mountain CAD, LLC, for the term of this Agreement. IN NO EVENT WILL Mountain CAD, LLC, BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES RESULTING FROM CUSTOMER'S INTERPRETATION OF COMMUNICATION OR CONVERSATIONS WITH Mountain CAD, LLC TECHNICAL SUPPORT TECHNICIANS.

General

The terms of this Agreement may be modified by Mountain CAD, LLC, upon thirty days written notice to Customer, or effective upon renewal of the Agreement by the Customer. The term "this Agreement" as used herein includes any future written amendments, modifications, or supplements made in accordance herewith. THE CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AND FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE UNDERSTANDING BETWEEN THE PARTIES WHICH SUPERSEDES ALL PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREIN.

Mountain CAD, LLC _______________________________________
By: ___________________________________ for Mountain CAD, LLC
By: ___________________________________ Customer (Authorized Signature)