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(I) install one copy of each Module on a single <br />Workstation for each license granted to Customer <br />therefore as set out in the Pricing Fonn; and <br />pq permit Users using such licensed Workstation(s) to use <br />such Module(s) provided, for greater certainty, that the <br />Modules may be in Concurrent Use not to exceed the <br />number of licenses granted to Customer therefore as set <br />out in the Pricing Form. <br />(e) Customer hereby acknowledges that the mechanism <br />utilized by the Licensed Software to control the number of Users <br />or Online Client Access which can simultaneously access and <br />use Server-based On-line (Internet) Modules is based upon the <br />number of Users who have at any time logged into Customer's <br />computer network using thew passwords, such that any User so <br />logged into such network in a manner that would enable the User <br />to access and use such Modules will reduce by one the number <br />of Users able to simultaneously access those Modules, regardless <br />of whether or not such User is in fact accessing or using any <br />such Module. Customer hereby waives any claim, and releases <br />TAN from any such claim and from any losses or damages <br />Customer suffers in relation thereto, in connection with the <br />inability of Users to simultaneously access such Modules where <br />such inability is the result of inactive logged-in Users absorbing <br />available login access. <br />20.2 Additional Copies. Customer will not make any copies of <br />the Licensed Software except as necessary for the installation <br />permitted hereby and except for: <br />(a) copies of each Module licensed hereunder for training and <br />testing purposes, and <br />(b) one copy of each Module licensed hereunder for backup <br />purposes, provided that all electronic copies made include screen <br />displays of TAN's proprietary or intellectual property notices as <br />recorded on the original copy provided by TAN and Customer <br />allures a label to each disk, reel, or other housing for the medium <br />on which each physical copy is recorded setting out the same <br />proprietary and intellectual property notices as appear on the unit <br />of Licensed Software from which the copy is made in the same <br />manner as those notices appear on that original copy. <br />21. LICENSED SOFTWARE FEES <br />21.1 Tn respect of each Module, Customer shall pay to TAN all <br />applicable Licensed Software fees listed in the Pricing Form <br />upon delivery (as defined in Sectlon 2.3) of the Licensed <br />Software. <br />22. MAINTENANCE SERVICES <br />22.1 TAN will develop new Releases and new Versions of <br />Liceosed Software in accordance with the procedures and other <br />particulars set out in the Support and Maintenance Handbook. <br />22.2 Provided that Customer continues to subscribe for Support <br />and Maintenance in respect of a particular Licensed Software <br />Product, TAN will provide to Customer, either in physical form <br />by mail or courier or in electronic form via the Internet, new <br />Releases and Versions (and appropriate documentation) for such <br />Licensed Software Products as such Releases or Versions (and <br />documentation) become available. <br />23. EXCLUDED SUPPLIES AND SERVICES <br />(a) Without limitation, the following supplies and services are <br />excluded from Support and Maintenance: <br />(b) Services which are required to remedy problems that stem <br />from changes to or defects in system configuration upon which <br />the Licensed Software was initially installed; <br />(c) Services which are required to remedy problems which do <br />not stem from any defect in Licensed Software; <br />(d) Services which are required to remedy problems caused by <br />lack of training of Customer's personnel or improper treatment <br />or use of the Licensed Software; <br />(e) Full report customization service; <br />(O Any and all hardware support, maintenance or <br />troubleshooting issues, except as described in section 28.1 <br />regardless of the source of such hardware. <br />24. FEES FOR SUPPORT AND MAINTENANCE <br />24.1 Support and Maintenance services begin on the Support <br />Start Date. The cost for Support and Maintenance services is <br />payable annually in advance and is due in its entvety thinly (30) <br />days from date of TAN's delivered invoice. Customer may elect <br />to specify a preferred altemate Support Renewal Date by so <br />notifying TAN in writing. If an altemate preferred Support <br />Renewal Date is specified, the cost of Support and Maintenance <br />will be prorated from the anniversary of the Support Start Date to <br />the specified Support Renewal Date. Thereafter, the Support and <br />Maintenance fee is payable in advance on every awual <br />anniversary of the Support Start Date or, if there is a Support <br />Renewal Date, every anniversary of the Support Renewal Date <br />(the applicable anniversary beimg the "Support Renewal Date'. <br />TAN will provide invoices to Customer for all such amounts, <br />such invoices due on the later of (a) the Support Start Date or <br />applicable Support Renewal Date, as applicable, and (b) 30 days <br />from the date of the invoice. <br />24.2 For the fvst year of this Agreement commencing with the <br />Effective Date, Support and Maintenance pricing shall be equal <br />to twenty-five percent (25%) of the gross software license fees. <br />Support and Maintenance pricing for all successive years shall <br />be equal to twenty-five percent (25%) of the gross software <br />license pricing charged by TAN for equivalent software a9 ofthe <br />date of each such renewal year, provided, however, that any <br />increase in TAN's annual Support and Maintenance pricing for <br />any renewal year shall not exceed ten percent (IO%) of the <br />renewal fees charged in the prior year. Any additional software <br />licensed to Customer by TAN will increase the total gross <br />software license fees upon which Maintenance and Support <br />pricing is bayed. TAN will provide invoices to Customer for <br />renewal fees up to 60 days prior to expiration of each term. <br />24.3 The Support and Maintenance fees identified in the Pricing <br />Form are applicable only upon the date of entry into this <br />Agreement, and are subject to change thereafter in accordance <br />with this Agreement's terms. <br />24.4 In consideration of the Support and Maintenance provided <br />hereunder, Customer agrees to pay TAN the fees described in the <br />Pricing Form, as modified explicitly pursuant to this Agreement. <br />In the event Customer requires Support and Maintenance for <br />