User manual

65
PYRAMID TIMETRAX EZ / BIO / PC SOFTWARE REFERENCE GUIDE
Technical Support Plan Continued
TERM AND TERMINATION:
This Support Plan shall have a term of one
year from the Commencement Date. The
Support Plan shall terminate immediately
upon nonpayment of the fees for the Support
Services ordered. Pyramid reserves the right
to cancel this Support Plan at any time or
change the fees, terms, conditions, support
features, procedures, pricing and support
availability upon thirty (30) days notice.
WARRANTY AND DISCLAIMER:
Pyramid will use reasonable effort to provide
support services under this Support Plan in a
professional manner, but Pyramid cannot
guarantee that every problem/question
raised by Customer will be resolved. Nothing
in this Support Plan shall be construed to
guarantee that any question or problem will
be answered or resolved in a specific time-
frame. Nothing in this Support Plan shall be
construed as expanding or adding to the
warranty for the products set forth in the End
User License Agreement that accompanies
such products. Pyramid specifically disclaims
any implied warranty of merchantability or
fitness for a particular purpose.
LIMITATION OF LIABILITY:
Pyramid’s liability under this Support Plan is
limited to the amounts paid by Customer for
the Support Plan ordered by the Customer.
In no event shall Pyramid have any liability
for any special, punitive, indirect, or conse
quential damages, including, without limita-
tion: damages for lost profits, loss of data,
costs of procurement of substitute goods or
services, loss of use of equipment or facili-
ties, or interruption of business arising in any
way out of this service agreement under any
theory of liability, whether or not Pyramid
has been advised of the possibility of such
damages. These limitations shall apply
not withstanding the failure of the essential
purpose of any limited remedy.
GENERAL:
Customer may not transfer this Support
Plan. This Support Plan supercedes all
other written and oral proposals, purchase
orders, prior agreements, and other commu-
nications between Customer and Pyramid
concerning the subject matter of this
Support Plan, and constitutes the entire
agreement between Pyramid and Customer
regarding provision of the Support Plan. This
Support Plan shall be governed by the laws
of the State of Connecticut without reference
to conflict of law principles. The state and
federal courts located in New Haven County,
Connecticut, shall have exclusive jurisdiction
over all disputes relating to this Support
Plan.