2130 MAIN ST., STE. #145


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2130 MAIN ST., STE. #145

  1. 1. . ARCHWAY SYSTEMS, INC. . 2130 MAIN ST., STE. #145 HUNTINGTON BEACH, CA 92648 (714) 374-0440 FAX: (714) 374-0441 www.archwaysystems.com PREMIUM SERVICE FOR VERSACAD SOFTWARE ON WINDOWS/MS-DOS/MACINTOSH Software Update and Hotline Service Agreement Archway Systems, Inc. (hereinafter referred to as Archway) or its duly authorized agent shall provide Software Update and Hotline Service for: Company Name ________________________________________________________________ Address _______________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Email Address_________________________________________________________________ (hereinafter referred to as CUSTOMER), subject to the terms and conditions set forth in this Agreement. 1. TERM This agreement becomes effective on date of purchase of Premium Service and remains in effect for twelve (12) months. The Software Update and Hotline Service Agreement must be registered by completion and return of this Premium Service Software Update and Hotline Service Agreement within thirty (30) days. 2. DEFINITIONS “Software” means either the VersaCAD for use on IBM compatible computers running under Windows 95/98/NT/2000, MS-DOS, or VersaCAD/Macintosh Edition software for use on Apple Macintosh computers, developed by Archway and purchased by CUSTOMER. This agreement covers only the software product licensed by CUSTOMER. Service for other software products is available in a separate agreement. “New Versions: of the Software are major releases that include new features and enhancements. “Minor Revisions: of the Software include new device drivers and minor bug fixes. “Bug” means any error in the Software, which cause it to malfunction rather than operate as described in the Software User Reference Manual. 3. SOFTWARE UPDATE AND HOTLINE SERVICE
  2. 2. Software Update and Hotline Service as hereinafter defined shall be provided to CUSTOMER by Archway. The Software Update and Hotline Service includes: ARCHWAY SYSTEMS, INC. 3.1 New Versions of the Software released during the time this agreement is in effect. The Software and revised documentation will be shipped at no charge by regular UPS within the fifty (50) United States, District of Columbia and Canada. Additional transportation, customs and related charges are charged to Customer for shipping outside the United States and Canada. CUSTOMERS with multiple VersaCAD systems will receive 1 set of new CD-ROM and 1 set of update documentation with the right to copy the number of licensed copies, up to _____________ copies for each Service purchased. 3.2 ARCHWAY will provide exclusive telephone consultation to CUSTOMER contact person on interpretation and operation of the Software during the hours of 8:30 am to 5 pm Pacific time. This applies to customers in the United States and Canada. 3.3 CUSTOMER may receive 20% discount on the cost of any software training class offered at Archway headquarters. This discount also applies to additional students attending from the same company. 3.4 In the event Bugs are found by CUSTOMER or others, Archway will make a reasonable effort to bring Software into conformity with the User Reference Manual as soon as possible. Minor Revisions to the Software will be available on request at a nominal charge for materials. 4. EXCLUSIONS Software Update and Hotline Service does not include: 4.1 work on the computer or other equipment used in conjunction with the Software. 4.2 consultation on use of Software not produced by Archway 4.3 repair of damage or replacement of parts or Software caused by neglect, accident of misuse by CUSTOMER or any other user of the equipment, or repair by other authorized persons, failure of electrical power, alterations or attachments to the Products of subassemblies by persons other than Archway or its duly authorized agents, Acts of GOD, or any other failure not attributable to the Software. 4.4 Training of CUSTOMER’S personnel 5. LIMITATION OF LIABILITY CUSTOMER agrees that neither Archway nor its duly authorized agent shall be liable for any loss, damage, or expense of any kind which is caused directly or indirectly by the use, performance, maintenance, service or condition of the Software. IN NO EVENT WILL ARCHWAY BE LIABLE FOR (I) SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES OR (ii) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE USE OR PERFORMANCE OF ARCHWAY PRODUCTS WHETHER IN ACTION OF CONTRACT OR TORT, INCLUDING NEGLIGENCE. 6. OTHER SERVICES Additional Archway services such as on-site consulting and training are outside the scope of Software Update and Hotline Service. These services are available to Archway’s applicable rates and terms, subject to the availability of personnel.
  3. 3. 7. PAYMENT The price for Software Update and Hotline Service is for one 12 month period and is payable in advance. The payment of all applicable fees, by Customer entitles the Customer to the services provided herein for ARCHWAY SYSTEMS, INC. up to __________ properly licensed installations of the Software at one site, provided CUSTOMER has designated one person for all contact with Archway. CUSTOMER agrees to pay all taxes, howsoever designated, attributable to this Agreement or to materials or services furnished hereunder. 8. NOTICES All demands and notices hereunder other than invoices and payments shall be made in writing and shall be deemed to have been duly given when deposited in the mail, registered or certified, postage prepaid, addressed to the address shown above, or to such other addresses as may from time to time be designated in writing by one party to the other. 9. GENERAL This Agreement (and any attachments hereto) constitutes the entire Agreement and understanding between CUSTOMER and ACHWAY concerning the subject matter hereof, and any representation, promise, modification or amendment shall not be binding upon ARCHWAY unless in writing, signed on its behalf by a duly authorized representative. This Agreement will be governed by the Laws of the State of California and shall be binding upon and insure to the benefit of the parties hereto, their heirs, successors and assignees. IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS AGREEMENT TO BE EXECUTED ON THE DATE FIRST SHOWN ABOVE, AND THE PERSONS SIGNING WARRANT THAT THEY ARE DULY AUTHORIZED TO SIGN FOR AND ON BEHALF OF THE RESPECTIVE PARTIES. Accepted: ARCHWAY SYSTEMS, INC. CUSTOMER By ______________________________________ By _______________________________________ Title ____________________________________ Title ____________________________________ Date ______________________________________ Date of purchase __________________________ Phone ____________________________________ Software platform: DOS/Win ___ MAC ___ VersaCAD S.N./Rel. __________________________ This Agreement is valid only when signed by both parties. For telephone support, call 1-714-374-0440 Your Telephone Support Identification Number is __________________________________ Please have this number handy when you call for Technical Support.
  4. 4. Please make a copy for your records, and then return this form with your signature to: ARCHWAY SYSTEMS, INC. 2130 Main St., Ste. 145 Huntington Beach, CA 92648