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KuneriLite Support Agreement |
By selecting “I have read and accept Kuneri Support Agreement”:
(a) You or the entity that you represent (”Customer” or “You”) are unconditionally consenting to be bound by and are becoming a party to this agreement with Kuneri Ltd. (“Kuneri”) (the “Agreement”) to the exclusion of all other terms
(b) You are representing and warranting that you are authorized to bind Customer.
If You do not unconditionally agree to the foregoing, click the “Cancel” button.
Support Subscription Agreement
1. Product. You guarantee that KuneriLite Software (“Product”) is downloaded from http://www.kunerilite.net, accepting KuneriLite End User License Agreement.
2. Service. You agree that you will remain in full compliance with the terms of the Agreement, and Kuneri will use reasonable commercial efforts to provide the support services for the Product as described in Support Services Terms, which may change from time to time.
3. Warranty Disclaimer. You agree that all products and services are “as is” without warranty of any kind from anyone, including without limitation, any warranty of merchantability or fitness for a particular purpose or non-infringement. Furthermore, Kuneri does not warrant results or freedom from bugs or uninterrupted use.
4. Limitation of Liability. You expressly agree that Kuneri shall not be liable or obligated with respect to any contract, negligence, strict liability or other legal or equitable theory of direct, indirect, special, incidental, consequential or exemplary damages or for any matter beyond its reasonable control.
5. Identification. You agree that Kuneri may use Your name and logo in client listings, unless otherwise agreed.
6. Severability. If any of the terms, or portions of this Agreement are invalid or unenforceable under any applicable statute or rule of law, the court shall reform the Agreement to include an enforceable term as close to the intent of the original term as possible; all other terms shall remain unchanged.
7. Whole Agreement. This Agreement constitutes the entire agreement between You and Kuneri relating to the subject matter hereof.
8. Waiver. The waiver or failure of Kuneri to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further or future right under this Agreement.
9. Assignability. You agree that neither this arrangement nor any Support is assignable or transferable by You (and any attempt to do so shall be void); Kuneri may assign and transfer any rights and/or obligations. The provisions hereof are for the benefit of the parties only and not for any other person or entity.
10. Governing law and dispute resolution. This Agreement shall be governed by and shall be construed in accordance with the laws of Finland excluding its choice of law rules. All disputes relating to Kuneri and this Agreement shall be settled at District Court of Oulu, Finland having the sole jurisdiction.
11. General. Kuneri reserves the right to make any change to this agreement without any notice.
The services hereunder are offered by Kuneri Ltd. located at Pakkahuoneenkatu 12 A, 90100, Oulu/Finland and email hello(at)kuneri.net.
© Kuneri - Last reviewed August 2008
Support Services Terms
1. Definitions.
(a) “Exclusive Online Support” means information made available by Kuneri at locations on the World Wide Web, including exclusive or public support forums, frequently asked questions, product documentation and bug reporting interfaces, and also means the ability to make requests for technical support assistance on exclusive support forum board of Kuneri Forum at any time (with reasonable efforts by Kuneri to respond within one business day) concerning the use of the Product.
(b) “Error” means an error in the Product which significantly degrades the Product as compared to Kuneri's published performance specifications.
(c) “Error Correction” means the use of reasonable commercial efforts to correct or workaround Errors.
(d) “Fix” means the repair or replacement of object or executable code versions of a Product or documentation to remedy an Error.
(e) “Previous Release” means the release of the Product which has been replaced by a subsequent release of the same Product.
(f) “High Priority Error” means an Error which renders a Product inoperative.
(g) “Medium Priority Error” means an Error which substantially degrades the performance of the Product or materially restricts Customer’s use of such Product.
(h) “Low Priority Error” means an Error which causes only a minor impact on the Customer’s use of a Product.
(i) “Workaround” means a change in the procedures followed or data supplied by Customer to avoid an Error without substantially impairing Customer’s use of the Product.
2. Support Services. Kuneri provides support that consists of the following for the Product, made available only to the limited number of contacts for which Customer has paid the applicable fees (each of whom is designated in writing to Kuneri); (a) Error Correction, (b) Exclusive Online Support, (c) Product updates that Kuneri makes generally available to its customers without additional charge. Furthermore, the Customer is given access to consultative support for areas outside the core KuneriLite software including Flash Lite, Customer will receive faster response time to support requests, Customer’s Error reports will be given priority over Error reports of the same priority level from public support customers.
3. Error Priority Levels. Kuneri provides commercially reasonable efforts to correct or workaround Errors reported by Customer in the latest release of the Product in accordance with the priority level reasonably assigned to such Error by Kuneri.
High Priority Errors - Kuneri responds within one business day by;
(a) Assigning Kuneri engineers to the Error
(b) Providing the Customer periodic status updates about the progress
(c) Initiating a work to provide Customer with a Workaround or Fix.
Medium Priority Errors - Kuneri performs commercially reasonable efforts to include the Fix for the Error in the next Product maintenance release.
Low Priority Errors - Kuneri may include the Fix for the Error in the next Product major release.
If Kuneri decides that the problem Customer reported may not be due to an Error in the Product, Kuneri will so notify Customer. In this case, Customer may;
(a) Ask Kuneri to proceed with problem determination at its possible expense. In this case, if Kuneri determines that the error was not due to an Error in the Product, Customer shall pay Kuneri, at Kuneri’s standard consulting rates at that date, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith.
(b) Tell Kuneri that Customer does not wish the problem pursued at its possible expense. In this case Kuneri may, at its sole discretion, elect not to investigate the error with no liability what so ever.
4. Exclusions. Kuneri has no liability or obligation for;
(a) Any portion of the Product incorporated with or into other software
(b) Any Product that is not the current release or Previous Release
(c) Product problems caused by Customer’s negligence, abuse or misapplication or other causes beyond the control of Kuneri
(d) Product installed on any hardware that is not supported by Kuneri
(e) Any changes in Customer’s hardware which may be necessary to use Product due to a Workaround or maintenance release.
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