Workshare Technical Support

Terms and Conditions:
BY CONTACTING WORKSHARE FOR SUPPORT SERVICES OFFERED UNDER A SUPPORT INCIDENT REFERENCED BELOW (“SUPPORT INCIDENT”) OR REGISTERING A SUPPORT INCIDENT WITH WORKSHARE, THE INDIVIDUAL OR ENTITY("CUSTOMER") AGREES THAT THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN THE DELIVERY OF SUPPORT SERVICES UNDER THE APPLICABLE SUPPORT INCIDENT. IF THE CUSTOMER DOES NOT AGREE TO THESE TERMS AND CONDITIONS, THE CUSTOMER SHOULD NOT CONTACT WORKSHARE OR REGISTER THE SUPPORT INCIDENT.

1. Services.
Upon acceptance of Customer’s registration, Workshare will provide support services (“Support Services”) for Workshare software products or related technologies (“Supported Products”) for the applicable Support Incident, as described on the Services Support Plans Page webpage. Please note that Workshare will not offer or provide Support Services in the form of a ‘Support Incident’, as described in this ‘Agreement’, to customers who have a current annual SSS (Software Support Subscription) contract with Workshare or to those customers whose previous annual SSS contract(s) with Workshare have expired. Customers who have a current annual SSS contract(s) with Workshare will receive Support Services by Workshare as defined in the terms of their annual SSS contract(s). Customers whose previous annual SSS contract(s) have expired may choose to renew their SSS contract(s) should they require further Support Services from Workshare. Workshare reserves the right to amend the Support Services provided and/or Supported Products covered under a Support Incident, at any time, by posting updates to the Support Plans Support Page. Workshare will not amend the Support Services and/or Supported Products in a way that (i) reduces the level of effort Workshare provides under the Support Services, or (ii) materially impacts Workshare’s obligation to deliver the Support Services, or (iii) materially impacts the rights that the Customer receives under the Support Services. The terms described at the Support Plans Support Page are incorporated into these Terms and Conditions. In the event of any inconsistencies between the terms in this document and the terms on the Service Plan Support Page, the terms in this document will govern.

2. Limitations.
2.1 Support Incidents. Support Plans are provided as a single Support Incident. A Support Incident is a specific, discrete problem whose origin can be isolated to a single cause. Workshare will make reasonable efforts to resolve a Support Incident but does not guarantee that a Support Incident will be resolved. Workshare, in its sole discretion, will determine what constitutes a Support Incident and to the extent permitted by law if the Support Incident is resolved. Generally, a Support Incident is resolved when Customer receives one of the following: (a) information that resolves the problem; (b) information on how to obtain a software solution that will resolve the problem; (c) notice that the problem is caused by a known, unresolved issue or an incompatibility issue with a Supported Product; (d) information that identifies the problem as being resolved by upgrading to a newer release of the Supported Product; or (e) notice that the problem has been identified as a hardware equipment issue.

2.2 Response Times. Workshare will make reasonable efforts to respond to a Support Service request within a reasonable time or within one business day as described under an applicable Support Plan (“Response Time”), whichever occurs first, but does not guarantee that a response will be provided within a specific time period. All Response Times are measured in accordance with the Support Plan’s Hours of Operations described on the Support Plans Support Page. Support Services are provided in English only, unless otherwise specified, to a single person designated by the Customer at time of registration and as allowed under the Support Incident.

2.3 Current and Supported Releases. Unless otherwise specified, Workshare will provide Support Services for all Supported Products according, but not limited to, the terms and conditions stated here. Workshare will not provide Support Services on those product versions that have reached end of life. Any new bug fixes will be provided in the current shipping version of the product, at the discretion of Workshare. If the customer is using a previous version of the software to the current shipping version, and a bug fix to the issue has already been or will be provided in the current shipping version, the incident will be considered resolved as stated in 2.1 (d) above. A Support Incident does not guarantee the customer an upgrade to the current shipping version and the terms of the customer’s license purchase will be the determining factor.

3. Exclusions.
Unless otherwise specified in the Support Incident, Workshare will not provide Support Services relating to problems or issues arising out of or from (a) the use or modification of a Supported Product in a manner for which the Supported Product is not intended to be used or modified; (b) third-party products or technologies and their effects on or interactions with a Supported Product; (c) use of a computer system or environment that is incompatible or unsupported with a Supported Product; (d) damage to any media on which a Supported Product may be provided, or to the computer on which a Supported Product is installed; (e) issues deemed by Workshare to be a feature request; these will be recorded however for future product consideration; and (f) issues relating to programming, compiling, debugging, budgeting, training, onsite diagnosis, or other issues not within the scope of the Support Services described under a Support Incident.

4. Customer Responsibilities.
To receive Support Services, the Customer must register the Support Incident and follow the access instructions provided by Workshare. Customer is responsible for all fees in establishing and maintaining email and telephone communications with Workshare. Customer will cooperate with Workshare when seeking Support Services by providing information necessary to assist Workshare diagnose an issue. Customer is responsible for any and all restoration or reconstruction of lost or altered files, data, or programs. Customer will maintain and implement a complete data backup and disaster recovery plan. Customer is solely responsible for any and all security of its confidential, proprietary or classified information. Customer will have a reasonable understanding of the Supported Products for which it seeks Support Service and the computer system that it is operating on. Customer may not transfer Support Services to a third party. Support Services are provided for the internal use of Customer only, and any unauthorized distribution of the Support Services will be grounds for immediate termination of these Terms and Conditions. Customer will take reasonable measures to prevent the unauthorized distribution and use of Support Services. Customer will not abuse its receipt or use of Support Services, including but not limited to, accessing Support Services for issues that have already been resolved.

5. Disclaimer of Warranty.
ALTHOUGH WORKSHARE CANNOT GUARANTEE THAT A SUPPORT INCIDENT WILL BE RESOLVED, WORKSHARE WILL MAKE EVERY REASONABLE EFFORT TO PERFORM SUPPORT SERVICES UNDER THE SUPPORT INCIDENT IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, WORKSHARE SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.

6. Limitation of Liability.
TO THE EXTENT PERMITTED BY LAW, WORKSHARE’S LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER FOR THE SUPPORT INCIDENT ORDERED BY CUSTOMER. IN NO EVENT SHALL WORKSHARE HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT WORKSHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF CUSTOMER IS COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN ITS COUNTRY OF PURCHASE OR, IF DIFFERENT, IT’S COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THESE TERMS AND CONDITIONS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER. THESE TERMS AND CONDITIONS GIVE CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE OR PROVINCE.

7. Term and Termination.
Unless terminated earlier in accordance with this section, a Support Incident will be valid for use for a term of twelve (12) months from the Effective Date of purchase or until the Support Incident has been used, whichever occurs first (unless otherwise authorized by Workshare in writing). A Support Incident, by nature, is non refundable once it has commenced and Support Services have been received by the Customer. Workshare reserves the right to provide a refund, at our discretion, if we feel the customer is entitled to this refund or should not have experienced the issue.

8. Workshare; Governing Law.
IT IS AGREED THAT THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA IF CUSTOMER IS IN THE AMERICAS OR BY THE LAWS OF ENGLAND IF CUSTOMER IS IN EUROPE, MIDDLE EAST, AFRICA OR ASIA.

9. Additional Services or Software.
Any additional services provided, as part of a Support Incident will be governed by these Terms and Conditions. In the event that the Customer consents to Workshare providing Support Services via remote computer access, Customer agrees to grant Workshare permission to access all computer systems on which the Supported Product resides for the purpose of providing the Support Services. In the event that software is provided as part of a Support Incident, such software is the copyrighted works of Workshare Technology, Inc., a California corporation, and/or its licensors. Customer may install, reproduce, and use the software exclusively for the purpose of supporting the Supported Products, but, except as permitted by applicable law, may not decompile, reverse engineer, modify, rent, lease, loan or create derivative works in the software. If the software is subject to the terms of a separate license agreement, the terms of the separate license agreement will govern the use of the software. Any software that is made available to the United States Government under these Terms and Conditions is classified as “restricted computer software” as defined in clause 52.227-19 of the FAR. The United States Government’s rights to the software are as provided in clause 52.227-19 of the FAR.

10. Data Protection.
Customer agrees and understands that it is necessary for Workshare to collect, process and use Customer data in order to perform the service and support obligations under the Support Incident. This may include transferring Customer data to affiliated companies or service providers in accordance with the terms of the Workshare Privacy Policy. Workshare will protect Customer’s information in accordance with the Workshare Customer Privacy Policy available on the Privacy Policy webpage. Workshare may record part or all of the calls between Customer and Workshare for training, quality assurance and reference purposes.

11. General.
Customer may not assign its rights or obligations under a Support Incident. Any unauthorized assignment will be void. Workshare will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control. A waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default. If a court of competent jurisdiction holds that any provision of these Terms and Conditions is invalid or unenforceable, the remaining portions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of the Terms and Conditions. These Terms and Conditions, including any additional terms referenced herein, constitute the entire agreement between Workshare and Customer with regard to the Support Incident and the Support Services provided hereunder and supersedes all prior negotiations, agreements, and understandings with respect to the subject matter, and no addition to or deletion from or modification of any of the provisions hereto shall be binding upon Workshare unless made in writing and signed by an authorized representative of Workshare. Any term or condition on any order or other document submitted by Customer shall be of no force or effect whatsoever, and is specifically rejected.