Terms Of Use

These terms and conditions state important requirements regarding your use of Esolvz website and Esolvz computer support service and your relationship with Esolvz. You should read them carefully as they contain important information and instructions such as how long it lasts, fees for early termination, our rights to change its conditions, limitations of liability, privacy, and settlement of disputes by arbitration instead of in court. If you accept this agreement, it will apply to all your service plans from us, including all your existing plans. Your acceptance of these terms & conditions will be implied by the use of the Esolvz service.

  • DefinitionsOpen or Close

    “Customer” means the person or entity whose authorized agent has ordered Support Services from ESOLVZ or from an authorized distributor or reseller.

    “Documentation” means the official user or operator documentation for the Software published by ESOLVZ and generally made available to its customers, as may be updated from time to time by ESOLVZ. Such Documentation will identify the specific product features and functionality of the Software (and each component thereof).

    “Extended Support” means the Support Services that may be available at an additional charge on any Product that has reached its End of Availability, as defined in Section 2.2 below. Extended Support, if purchased, extends the Technical Guidance period on an annual basis. The customer must be an actively supported customer in good standing in order to enter into Extended Support. Code modifications, patches or custom development by ESOLVZ on products supported under an Extended Support agreement will require a separate Statement of Work and are not included in the Support Services defined in this Agreement.

    “General Support” means the Support Services provided for a defined period from general availability (“GA”) of a Major Release, as set forth in ESOLVZ’s Support Services Program. General Support includes bug and security fixes and technical support services.

    “Maintenance Services” means the provision of Maintenance Releases, Minor Releases, and Major Releases (each defined below), if any, to the Software, as well as corresponding Documentation, to Customer.

    “Maintenance Release” or “Update,” means a generally available release of the Software that typically provides maintenance corrections or fixes only, designated by ESOLVZ by means of a change in the digit to the right of the second decimal point.

    “Minor Release” means a generally available release of the Software that (i) introduces a limited amount of new features and functionality, and (ii) is designated by ESOLVZ by means of a change in the digit to the right of the decimal point (e.g., Software 8.0>>Software 8.1).

    “Major Release” of “Upgrade,” means a generally available release of the Software that (i) contains functional enhancements or extensions, and (ii) is designated by ESOLVZ by means of a change in the digit to the left of the first decimal point.

    “Modified Code” means any modification, addition and/or development of code scripts deviating from the predefined product code tree(s)/modules developed by ESOLVZ for production deployment or use. Configuration of Software options which are intended to be altered is not considered a modification of the Software.

    “Product(s)” means the software products identified by ESOLVZ and purchased by Customer and all updates and upgrades thereto, including error corrections, bug fixes, patches, functional enhancements, modifications, and extensions. “Products” may also include Support Services but excludes Open Source Software. Distributor may not modify or repackage the Products without ESOLVZ’s written consent.

    “Services Fees” means the fees for Support Services specified in a corresponding ESOLVZ or reseller invoice.

    “Support Level” means the Support Services package purchased by Customer.

    “Services Period” means the period for which Customer has purchased the Support Services and any subsequent renewal periods and will commence: (a) for Software Licenses for which Support Services are mandatory, on the date the applicable Software License Key(s) are made available for download; and (b) for perpetual Software Licenses for which Support Services are optional, on the date of purchase of the Support Services.

    “Service Request” means any written or electronically written request for any Support Services by a Customer.

    “Severity” is a measure of the impact a Non-Conformity or issue, as reported in a Service Request, has on the use of the Software, as determined by ESOLVZ. The following Severity levels apply to all Software:

    “Severity One” or “Severity-1” means Customer’s production server or other mission critical system(s) are down and no workaround is immediately available and (i) all or a substantial portion of Customer’s mission critical data is at a significant risk of loss or corruption; or (ii) Customer has had a substantial loss of service.

    “Severity Two” or “Severity-2” means that major functionality is severely impaired such that: (i) operations can continue in a restricted fashion, although long-term productivity might be adversely affected and a temporary workaround is available; or (ii) a major milestone is at risk, ongoing and incremental installations are affected, and a temporary workaround is available.

    “Severity Three” or “Severity-3” means a partial, non-critical loss of functionality of the software such that: (i) the operation of some component(s) is impaired but allows the user to continue using the Software; or (ii) initial installation milestones are at minimal risk.

    “Severity Four” or “Severity-4” means (i) general usage questions and cosmetic issues, including errors in the Documentation, and (ii) cases opened via email for ESOLVZ Software.

    “Software” means software offered by ESOLVZ to Customer, and all components delivered with the Software, including open source components.

    “Support Services” means General Support, Maintenance Services, Technical Guidance, and Technical Support.

    “Technical Guidance” means the Support Services provided for an additional period following General Support, as set forth in ESOLVZ’s Support Services Program. ESOLVZ Support Services will continue to be available for products within the Technical Guidance period; however, there will be no new releases, bug fixes or security patches for products within Technical Guidance. This phase is for usage by customers operating in stable environments with systems that are operating under reasonably stable loads, and this period should be utilized by customers to plan and complete upgrades to a current product version that is available within General Support.

    “Technical Support” means the provision of telephone or web-based technical assistance by ESOLVZ to Customer’s technical contact(s) with respect to service requests, at the corresponding Support Level purchased by Customer.

    “Third Party Products” means any software or hardware that (i) is manufactured by a party other than ESOLVZ and (ii) has not been incorporated into the Software by ESOLVZ.

    “ESOLVZ Support Services Program” means the overview of ESOLVZ’s Support Services that can be found on ESOLVZ’s website at http://www.esolvz.com, or such other site as ESOLVZ may decide. ESOLVZ’s website and the ESOLVZ Support Services Program may be modified from time to time without prior written notice.

  • Guide to Software Support ServicesOpen or Close
  • Term and Termination Open or Close
  • Pricing and Payment Terms Open or Close
  • Title/Warranty/Limitation of Liability Open or Close