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AGREEMENT ON TECHNICAL SUPPORT OF THE “OpenSCADA” SOFTWARE

Version 1.0

If you do not agree to these terms and conditions contained herein, you may not utilize the services provided under this Agreement.

  1. Definitions

    “Contractor” – OpenSCADA software developers team, providing the actions on Technical Support.

    “Customer” – private or legal person that is provided with Technical Support on the basis of this agreement.

    “Designated user of the Customer” – representative of the Customer in the interaction with the Contractor appointed by the Customer.

    “Party or Parties” – Customer and/or Contractor.

    “Period of support” – the term of Technical Support, indicated in the the chosen TS packet.

    “Problem” – shall mean a single, discrete technical problem or error which cannot reasonably be subdivided into multiple technical Problems.

    “Product” – OpenSCADA software, for which the Technical Support is provided.

    “Request” – notification of the Contractor by the Subscriber of the problem when using the Product.

    “Response Time” – the period of time from when Customer notifies Contractor about a Problem until Contractor provides Customer with a response that addresses (but not necessarily resolves) the technical questions presented in the reported Problem.

    “Technical Support (TS)” – developer assistance that is provided by Contractor to assist eligible Designated user of the Customer in Product installation, usage, functionality Problem(s) resolution for and Problem(s) workarounds.

  1. Subject of Agreement

    1. Contractor will provide Designated user of the Customer with support for the Product versions, for which Customer has purchased support, from Contractor.

    2. Contractor shall invest a commercially reasonable time and effort in the resolution of a reported Problem and will provide the Designated user of the Customer with a response addressing the Problem.

    3. Fixes are included in the next released version of the Product. The date of the release update is defined in the process of the diagnosing the Problem and in accordance with the established release schedule for the Product, as well as in accordance with the TS package. In cases when the time of receipt the resolution of the Problem is very critical and there is no possibility to wait for the latest Product updates, the Contractor will provide the Designated user of the Customer with temporary workaround. In the cases of maintenance's necessity and release of patches for specific versions of the Product it can be specified in the individual configuration of the TS.

    4. Contractor provides Customer with the related consultations on the Product's functionality, informs Customer about new versions and expansion of the Product's functionality in new versions.

  2. General Provisions

    1. Contractor may include Customer's company name and logo in a publicly available list of Contractor's customers and in its public communications.

    2. Customer’s and Contractor's obligations:

      1. each Party shall maintain the Confidential Information of other Party in strict confidence;

      2. each Party shall not disclose the Confidential Information to a third party without the Disclosing Party's prior written approval;

      3. each Party shall not, directly or indirectly, use the Confidential Information for any purpose other than for exercising its rights and fulfilling its responsibilities pursuant to this Agreement;

      4. the obligations of the Customer and Contractor under the Confidential Information shall continue during the Period of support and for a period of five (5) years after expiration or termination of this Agreement

    3. Contractor have the right to change the provisions of this Agreement. In this case Contractor shall comply with the provisions of this Agreement that existed at the date of payment by the Customer the Technical Support services in order to prevent deterioration of Customer service.

    4. Contractor shall publicly announce the changes made in this Agreement.

    5. Contractor makes no warranties that the support provided will be successful in resolving any Problems reported by Customer.

    6. Contractor shall not, under any circumstances, be liable for any Customer's damages, loss of profits, interruption of business, loss or corruption of data.

    7. Customer shall not be entitled to assign or transfer all or any of its rights, benefits and obligations under this Agreement without the prior consent of Contractor.

    8. When processing Request, sent by the e-mail or in other way, foreseen in the TS package, the Contractor shall not be liable for the availability of postal and information services of third parties. If Customer has not received the response, Customer should re-send the Request to the e-mail or contact the Contractor in another way.

    9. In describing the problem Customer should use the terminology adopted in the Product.

  3. Procedure for applying to Technical Support.

    1. The basis for providing the Technical Support is the Customer's Request. Request must be sent to email address service@oscada.org or to the section of forum for Technical Support.

    2. Before applying the Technical Support it is necessary to study the available information on this Problem in the documentation, manuals, FAQ and use the search on the forum. If the Problem is analogous to the situation described in the documentation or in the appropriate forum discussions, but requires further explanation, Customer should provide a link to the original document or discussion.

    3. The Request must contain the accurately and correctly formulated Problem to be solved. The Request must contain the following information:

      1. a clear, detailed description of the Problem and adequate information to help the Contractor to reproduce the Problem;

      2. identification of which operating environment on which the Problem exists, including the operating system (distribution), hardware platform, build tools, etc.;

      3. the periodicity of the Problem;

      4. Customer's version of the Product;

      5. criticality of the Problem;

      6. additional relevant content, such as screen-shots, etc. Additional content should be included as e-mail or TS forum attachments. The preferred image formats are JPEG and PNG. Compressed content should be included in zip or tar.gz archives. Executable content and documents in platform specific formats such as Microsoft Office® are not accepted.

      7. contact details, indicating the phone, e-mail address of the Designated user of the Customer.

    4. The Designated user of the Customer shall promptly respond to requests from Contractor for additional information.

  4. The order of the Requests processing.

    1. Requests are accepted from 8 a.m. till 5 p.m. Kiev time every day (except weekends and holidays). Responses to Requests are sent to the Costumer using e-mail or TS forum from 8 a.m. to 5 p.m. Kiev time (except weekends and holidays).

    2. Upon receipt of Request Customer, in its turn, receives a notification of the beginning of its (Request) processing.

    3. Requests are processed in the order they are received. The maximum reaction term to the Request is determined by the TS package. Requests with a high level of criticality can be processed out of turn.

    4. Requests, received by other channels (in particular, Jabber, ICQ) are not the official ones. Such channels are considered only as a means of personal and extra communication.

    5. Resolution of the Problem can be postponed or even impossible for the following reasons:

      1. it is impossible to reproduce the Problem or there is no access to the configuration of the Customer;

      2. Customer does not provide enough information to solve the Problem;

      3. the Problem requires a detailed diagnosis, refinement of the functional and/or release of Product updates;

      4. the Problem presented incorrectly or discussion of the Problem is not constructive, respectively, the resolution is delayed because of delays in providing information upon Request.

  5. Payment.

    1. Payment must be made before Contractor shall provide the Customer with Technical Support.

    2. After receiving the payment the registration of the Customer on the TS forum is made and reception of the Requests is started by e-mail.

  6. Support Limitations

    1. Technical Support is not provided for snapshots, preview releases, beta releases or release candidates.

    2. Contractor shall have no obligation to provide Technical Support for hardware problems or Product which have been subject to improper use, accident, neglect or modification.

    3. Contractor shall only provide Technical Support for Problem(s) that can be reproduced on Product's versions that are officially supported as listed in the online Product documentation for the relevant Product version.

  7. Termination

    1. Either Party may terminate the Agreement at any time immediately upon written notice to other Party if other Party breaches this Agreement.

    2. Either Party shall have the right to terminate this Agreement immediately upon written notice in the event that the other Party becomes insolvent, files for any form of bankruptcy, ceases to conduct business, or an act equivalent to any of the above occurs under the laws of the jurisdiction of the other Party.

    3. Contractor is obliged to return the cost of paid services on the TS minus the cost of services actually provided. The cost of already provided TS services is calculated by dividing the value of paid TS services to twelve (12) and multiplying this value by the number of calendar months that have elapsed since Customer's payment before the date of notification of termination, inclusive.

  8. Force Majeure

    1. Parties are not responsible for the partial or full default of obligations under the Agreement, if it was caused by force majeure circumstances, namely: fire, flood, earthquake, sabotage, military action or changes in legislation, if these circumstances directly affect the performance of obligations under the Agreement. The obligations are extended according to the time during which such circumstances took place.

    2. If these circumstances continue for more than 3 months, each Party shall have the right to unilaterally terminate the Agreement, in which case neither Party shall have the right to compensation for damages, except for obligation of the Contractor within ten (10) days to return the cost of not provided owing to by Force Majeure TS services, but paid by the Customer at the time of the mentioned circumstances.
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