The present Contract deals with the services rendered by Applied towards the Client of the program’s Assistance and Maintenance Service, subject to the relative payment.
The Service of Assistance and Maintenance is reserved exclusively for Clients who are signatories of a regular license of use for the program.
For the Design Programs, the Service of Assistance and Maintenance subject of this Contract, includes:
a) Service of updates via internet, including the download of the latest available Minor Releases
b) Software Patch
c) Remote Assistance via internet
d) support, via remote connection
e) correction of notified comments.
For the Selection Programs, in addition to the services described above in point 3, the Service of Assistance and Maintenance also includes the release of a new setup for the correction of comments and malfunctions included in Ordinary Assistance as mentioned in the present Contract.
The present contract does not include:
a) Extraordinary Assistance
b) New Implementations of the program
c) Training on the software.
For the carrying out of Interventions of New Implementation and for the resolution of problems included in Extraordinary Assistance, Applied reserves the right to send an estimate cost.
Should, following the installation or update of the program, errors be found during its running, the Client is obliged to communicate them to Applied immediately.
In the notifications, the following information must be provided:
a) user type (administrator/user)
b) name of program, edition, version
c) screenshots showing the problem
d) detailed description of the procedures following which the problem first manifested.
Should errors or defects be found in the execution of the program which cannot be corrected via an update, and due to which the copy of the software is irreversibly damaged, Applied undertakes to provide an updated setup of the program in accordance with the procedures agreed with the Client.
The client may save the updated setup mentioned in the previous paragraph inside a physical device (drive) in order to save a Backup copy of the program.
The Services of Assistance and Maintenance will be provided using the methods that Applied considers most suitable on an individual basis.
Unless otherwise indicated by Applied, the Client is obliged to update the program by installing the updates and scrupulously following all instructions received from Applied. Otherwise Applied cannot guarantee the correct functioning of the program.
Applied will not under any circumstance be responsible for loss of profits, loss of productivity, general costs, missed payments, loss of earnings by the Client or by third parties in any way connected to the use of the program and, in any case, for any form of cessation of profits, or indirect or consequential damage suffered by the Client or by third parties.
Applied will not in any circumstance be held responsible for damage of any kind or nature that the Client or third parties may suffer due to the use of the program, or in other words due to the omission of use or the defective functioning of the same, including, in a purely indicative sense, any losses, alterations, modifications of data and/or damage to hardware on which the program is installed or to other programs designed to operate contemporarily with the program.