Support for GlobeWeather Business Edition for Joomla! 1.6, 1.7 and 2.5
IMPORTANT PLEASE READ BELOW SUPPORT TERMS AND CONDITIONS CAREFULLY BEFORE REQUESTING OUR SUPPORT.
These support terms are part of Joomla! 1.6/1.7/2.5 GlobeWeather Business module by Innato B.V., hereafter to be refered to as the SOFTWARE PRODUCT.
THE SOFTWARE is NOT free or public domain software. Please read the license conditions described in the file LICENSE which is included in the install package of the SOFTWARE PRODUCT.
Innato B.V. may provide you with support services, as described below, and related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of the support and license conditions.
Support Services that are provided free of charge, will be provided only to a validly licensed installation and use of the SOFTWARE PRODUCT (see license conditions). In all other cases, Customer may be charged for any support services rendered. Innato B.V. reserves the right to verify the validity of the install and use of the SOFTWARE PRODUCT.
The scope of Support Services provided may be specified in the description and documentation of the SOFTWARE PRODUCT and/or may be specifically agreed between Innato B.V. and Customer. If the scope of Support Services is not specified, the support services will encompass a commercially reasonable free-of-charge assistance to Customer with the installation, setup and operation of the SOFTWARE PRODUCT for the term of three (3) months from Innato's receipt and acceptance of Customer's order of the SOFTWARE PRODUCT.
Customer shall provide informations and resources needed for the execution of Support Services and shall not deliberately hinder the support process.
Innato B.V. shall not be required to provide any Support Services relating to problems or issues arising out of or from:
(a) Customer's use of the SOFTWARE PRODUCT in a manner for which it was not designed;
(b) damage to the computer(s) or website(s) on which the SOFTWARE PRODUCT has been installed;
(c) Customer's negligence, misuse, or modification of the SOFTWARE PRODUCT; or
(d) versions of the SOFTWARE PRODUCT other than the most recent version (e.g. 3.x) and one [major] version back (e.g. 2.x), provided that Innato B.V. shall also not be required to provide any Support Services for the SOFTWARE PRODUCT if it is no longer listed on the Innato B.V. website as a supported product.
4. RESTRICTIONS AND TERMINATION
(a) Innato B.V. may limit or terminate the Support Services being provided if Customer uses the Support Services in an abusive or fraudulent manner, as determined by Innato B.V. in its reasonable discretion. Examples of such use include a high number of calls that concern previously resolved issues, repeated posing of questions to which the answer is readily found in the documentation, and discussion of issues that are not related to technical support. Resale, assignment, or transfer of Support Services is strictly prohibited and will be grounds for termination of the Support Terms.
(b) Innato B.V. has the right to terminate the Support Services if Customer does not provide the necessary informations and resources or deliberately hinders the support process, as determined by Innato B.V. in its reasonable discretion.
(c) Customer acknowledges that Innato B.V. has the right to discontinue the manufacture and development of any part of the SOFTWARE PRODUCT and the Support Services for any part of the SOFTWARE PRODUCT, including without limitation the distribution of older versions of the SOFTWARE PRODUCT, at any time in its sole discretion, provided that Innato B.V. agrees not to discontinue the Support Services for the SOFTWARE PRODUCT within one (1) year after the release of the affected version.
(d) Innato B.V. reserves the right to alter these Support Services from time to time, using reasonable discretion but in no event shall such alterations result in
(i) diminished support from the level of support set forth herein;
(ii) materially diminished obligations for Innato B.V., or
(iii) materially diminished rights of Customer.
5.WARRANTY AND DISCLAIMER
Innato B.V. will use commercially reasonable efforts to provide the Support Services in a professional manner, but Innato B.V. cannot guarantee that every question or problem raised by Customer can or will be resolved. Nothing in these Support Terms shall be construed as expanding or adding to the warranty for the SOFTWARE PRODUCT set forth in the End-User License Agreement (EULA) or any other agreement under which Customer has obtained the SOFTWARE PRODUCT.
EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO CUSTOMER IN ITS JURISDICTION, INNATO B.V. MAKES, AND CUSTOMER RECEIVES, NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATED TO OR ARISING IN ANY WAY OUT OF THESE SUPPORT TERMS OR THE PROVISION OF MATERIALS OR SERVICES UNDER THESE SUPPORT TERMS. INNATO B.V. SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.LIMITATION OF LIABILITY
IN NO EVENT SHALL INNATO'S LIABILITY ARISING FROM OR RELATED TO THESE SUPPORT TERMS EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE SOFTWARE PRODUCT OR SUPPORT SERVICES ORDERED BY CUSTOMER DURING A PERIOD OF ONE (1) MONTH AFTER THE LIABILITY AROSE. IN NO EVENT SHALL INNATO B.V. HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OF EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING FROM OR RELATED TO THE SUPPORT TERMS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT INNATO B.V. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
7. ASSIGNMENT, APPLICABLE LAW AND DISPUTES
(a) These Support Terms may not be assigned by Customer. Any assignment in violation of the foregoing shall be null and void. Any additional services added to these Support Terms by written notice to Customer will be governed by the terms of these Support Terms. These Support Terms supersede all other written and oral proposals, purchase orders, prior agreements, and other communications between Customer and Innato B.V. concerning the subject matter hereof and constitutes the entire agreement between Innato B.V. and Customer regarding provision of Support Services.
(b) These Support Terms shall be governed by Dutch law and by the terms and conditions as defined on Innato B.V. website(s). The provisions of the Vienna Sales Convention are not applicable. The provisions of other international arrangements regarding the purchase of the SOFTWARE PRODUCT, the operation of which can be excluded by the parties, are not applicable either.
All disputes belonging to the competence of the courts shall be settled by the court at Arnhem.