ConvergeIT簧: IVR Software (not Virtual) Additional Terms
1. LICENSE AND MAINTENANCE:
(a) Software and License Fees. The Software modules listed in applicable fee exhibit are licensed to Client in exchange for Clients payment of the corresponding license fees set forth therein.
(a) Location. The location for installation of the Software shall be mutually agreed by the parties.
(b) Computer System. Client agrees that the computer system on which the Software operates shall at all times meet 51勛圖厙踏梜埳眄s then current configuration and specifications for use of the Software, and such computer system shall be compatible with the Software. Client will pay 51勛圖厙踏梜埳 fees for any services requested or provided with respect to Clients computer system.
(c) Equipment and Supplies. Equipment being purchased by Client through 51勛圖厙踏梜埳 is a ConvergeIT Microsoft server or equivalent equipment (Equipment). Client understands that 51勛圖厙踏梜埳 is acting as an independent sales organization representing each manufacturer or supplier. 51勛圖厙踏梜埳 agrees to pass through the warranties and maintenance services provided by supplier at the time of shipment of the Equipment. Client shall obtain and maintain at its own expense such Equipment as may be necessary or appropriate to facilitate the proper use and receipt of Software. Client shall be responsible for paying for all supplies to be used in connection with Software. 51勛圖厙踏梜埳 will provide installation. Travel expenses are not included and will be billed separately.
(d) Maintenance Fees. The maintenance fee for the Software is set forth in the applicable fee exhibit.
2. PROFESSIONAL SERVICES:
(a) Statement of Work and Fees. The parties will agree in writing upon the scope and duration of professional services, including without limitation a mutually acceptable date for commencement of these professional services (Project Start Date).
3. ADDITIONAL TERMS:
(a) ALTHOUGH THE SOFTWARE MAY PROVIDE PASSWORDS AND BLOCKING OPTIONS FOR CONTROLLING TELEPHONE USE, SUCH SOFTWARE DOES NOT PROVIDE A SECURITY SYSTEM THAT WOULD PREVENT UNAUTHORIZED USE, AND FISERV AND ITS THIRD PARTY SUBCONTRACTORS AND ITS AND THEIR LICENSORS EXPRESSLY DISCLAIM ANY WARRANTY THAT SUCH SOFTWARE WILL PREVENT, OR CAN PREVENT, UNAUTHORIZED AND/OR UNLAWFUL USE. FISERV AND ITS THIRD PARTY SUBCONTRACTORS AND ITS AND THEIR LICENSORS WILL HAVE NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED OR UNLAWFUL USE, INCLUDING WITHOUT LIMITATION LONG DISTANCE CHARGES, CRIMINAL OR CIVIL LIABILITIES, OR DAMAGES.
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