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Solutions
Neuralog Enhancements, Support, and Maintenance (ESM) Program
Our Commitment to You
Program Overview
Neuralog prides itself on providing cutting edge technology to our customers, making them more productive, efficient and profitable. An ongoing development priority is to make Neuralog products easier to learn and use. In addition, we believe that by assisting customers with learning Neuralog products and quickly addressing any problems they encounter, Neuralog can make customers more efficient and provide new insights to further product improvements. For this reason, we have committed ourselves to on-demand email and telephone support for all new customers. In addition, we have developed extensive support documentation that can be accessed via CDROM, FAX or Internet.
We hope you find our products to be a valuable tool in your business and you enjoy using them. We encourage you to take advantage of our ESM program to help improve our products in the future.
Definitions
Enhancements: A new feature added to the software or a major improvement to an existing functionality. Major software enhancement upgrades will be made available to customers approximately yearly.
Support: Routine assistance with the comprehensive usage and functionality of the software. Support can be obtained via on-line and hard copy documentation, email, Internet file exchange, fax, and phone. Support does not include consulting and training as defined below.
Maintenance: The routine upkeep of the basic Neuralog software, i.e. bug fixes and other changes to the operability of the software. Minor or routine upgrades will be released as available, usually every 6-12 months.
Consulting: Assistance with user-specific technically oriented problems using Neuralog applications and technologies. Consulting is available through our Consulting Services department at an additional cost.
Training: In-depth assistance with the comprehensive usage and functionality of the software, provided to the customers in a structured manner. Training is available through our Consulting Services department at an additional cost.
Upgrade: A new software release containing enhancements and/or bug fixes.
Eligibility: Only clients under current maintenance are eligible for ESM benefits. A one year ESM contract is provided with Licensed Software. The contract is renewable annually.
Responsibilities of Neuralog
Customer Support for ESM Program
Neuralog will provide Telephone, Fax, Internet and Electronic Mail support to all customers currently enrolled in the ESM program. Our support staff is available Monday through Friday, 9:00 a.m. – 5:00 p.m. Central Time. ESM benefits shall become effective upon delivery of the Licensed Software to Licensee. Any Enhancements and Maintenance upgrades for the Licensed Software made during this time will be available to the Licensee. Additionally a software license may be transferred one time annually without charge.
Extended ESM Program Support
Neuralog provides a continuation of the ESM Program for an additional annual fee. The charge for Extended Support is a yearly fee of 20% of the list price of the software. ESM continued coverage will be billed annually unless cancelled by the customer. Extended support must be up-to-date on all Neuralog product licenses when the support is needed. If it is not up-to-date, Neuralog and the customer must reach an agreement as to when Extended Support will be effective on the uncovered licenses. Support, Updates and Transfers are only available for clients currently enrolled in the ESM Program.
Support Information
Web Site: www.neuralog.com Phone: 1-281-240-2525
Email: support@neuralog.com 1-800-364-8728
FTP Site: ftp.neuralog.com Fax: 1-281-240-2526
Responsibilities of Customers
Software upgrades are released approximately every 6-12 months and are available to all customers in the ESM program via our web site. While Neuralog will commit to providing (shipping) the individual customer at least one yearly upgrade, we ask that each customer provide a request for a particular upgrade if it is needed before the yearly distribution and it cannot be accessed via download from the internet.
To facilitate the upgrade process, the customer is also responsible for keeping the sales invoice as proof of purchase of entitlement for this service.
Issue Resolution
Neuralog will assist customers in resolving issues as they relate to the operability of the software. In reality, however, this support may not be able to provide a solution for all issues. To that end, if the nature of and (or) time duration of support resolution does not adhere to the definition of support as defined in this document, Neuralog will direct the customer to our Consulting Services department. Our Consulting Services department can supply problem resolution for a nominal fee. It is the intent of Neuralog to assure that the ESM program is used for technical support only thereby avoiding any cost escalation to fulfill the basic need of software support.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITINOS, NEURALOG MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED TO THE TERMS AND CONDITIONS CONTAINED HEREIN.
Limitations of Remedy
Neuralog is not liable for any damages caused by the service or the failure of the service to provide a solution, including any lost profits, lost savings, incidental damages, or consequential damages. Neuralog is not liable for any claim made by a third party or made by you for a third party.
This limitation applies whether damages are sought or a claim in made under these Terms and Conditions or as a tort claim (including negligence), a contract claim, or any other claim. This limitation cannot be waived or amended by any person. This limitation of liability will be effective even if Neuralog or an authorized representative of Neuralog has been advised by you of the possibility of any such damages.
USA State Laws
You may also have other rights that may vary from state to state. You are advised to consult applicable state laws for a full determination of your rights.
Method of Acceptance
By breaking the seal on the CD-ROM or otherwise obtaining the software use such as electronic download, you indicate acceptance of the terms and condition of this ESM program.