3D Nature Maintenance Agreement
3D Nature LLC ONE-YEAR SOFTWARE MAINTENANCE AGREEMENT
This Agreement is made by and between 3D Nature LLC, (hereinafter called 3D Nature), and the following licensee
(hereinafter called CUSTOMER).
By acceptance hereof, 3D Nature agrees to provide, for the term of this Agreement, the Maintenance services herein described for Visual Nature Studio.
1. TERM OF AGREEMENT:
From _____________________________ to ________________________________.
Included in this agreement are technical support as described below and any Visual Nature Studio upgrades that are shipped within the dates of this Agreement. World Construction Set, and any spin off products of WCS or VNS are NOT included in this agreement and must be purchased separately. This agreement will be tied to one specific Visual Nature Studio Serial Number (to be determined at the time of signature.) and is not transferable to other persons, companies or serial numbers. This is the serial number that will be entitled to any upgrades covered during the course of this agreement.
The charge for this Agreement is $1195 for VNS (Call for pricing on WCS Agreements). CUSTOMER will pay 3D Nature the fee set forth on this Maintenance Agreement upon signing the contract. The date of payment (and signing) will be considered the Commencement Date and the Agreement will be valid for one year from that date. 3D Nature shall have the right to change the fee once each year, effective with the next renewal date.
4. COVERAGE OF MAINTENANCE AGREEMENT:
The SOFTWARE covered by this Maintenance Agreement is as follows: Visual Nature Studio (VNS) and any future versions of VNS offered by 3D Nature. This does not include World Construction Set or any other spin off products that may become available.
The Agreement is purchased in association with a particular Visual Nature Studio Serial Number (of the Customer's Choice) and will not be applicable to any other serial number. This is the only serial number that will be eligible for released upgrades.
Covered Serial Number:_____________
5. TELEPHONE-BASED TECHNICAL SUPPORT:
Customer may call 3D Nature's Technical Support Department between the hours of 9:30am and 4:30pm (United States Mountain Time) Monday through Friday (except for 3D Nature holidays) for questions or assistance related to Licensed Software. Technical Support personnel will attempt to resolve the question or problem while on the telephone. If the question or problem cannot be resolved immediately, Technical Services personnel will provide a resolution or a follow-up plan based on the table below (adjusting for holidays and weekends).
6. TIMELINESS OF INCIDENT RESOLUTION:
The level of support that 3D Nature can provide is dependent upon the cooperation of the CUSTOMER and the quality of information that the CUSTOMER can provide.
If 3D Nature can not reproduce a problem or if the CUSTOMER can not successfully gather adequate troubleshooting information, 3D Nature may need to obtain a copy of the entire project and all associated files on CD to further address the problem.
This contract is NOT designed for basic support or to cover materials that are of introductory manner. In order to make sure that support is always prompt and beneficial to the CUSTOMER, it is assumed that the CUSTOMER will have a basic understanding of the product and will be familiar with concepts explained in the documentation.
3D Nature shall use reasonable effort to provide modifications or additions to correct errors in the SOFTWARE reported by CUSTOMER. Upon receipt of notice of an error, 3D Nature will assign a priority level as determined by 3D Nature to the error according to the following criteria:
Priority A - An error that results in the SOFTWARE being substantially or completely nonfunctional or inoperative.
Priority B - An error in the SOFTWARE that prohibits the CUSTOMER from performing tasks that the SOFTWARE is usually capable of performing. 3D Nature Technical Staff will determine the validity of a "bug". User assumptions or desires for how the product "should" work will be taken into consideration for future releases but will not be treated as a "bug.")
Priority C - An error that results in the SOFTWARE operating or performing other than as represented in the Documentation, but which does not have a material adverse impact on the performance of the SOFTWARE.
3D Nature will make reasonable efforts to correct the error or provide a work-around solution for each priority level and, if a work-around is the immediate solution, will make reasonable efforts to provide a final resolution of the error. Reasonable effort will be made to respond to the incident within the following time frames after receiving notice and sufficient information and support from the CUSTOMER:
Priority Level Correction or Work-Around
Priority A: 2 business days
Priority B: 7 business days
Priority C: 15 business days
7. PROGRAMMING SERVICES:
3D Nature shall, at no cost to CUSTOMER, correct Software problems (bugs) detected by CUSTOMER during the Term of this Agreement, provided that the problem can be recreated by 3D Nature with the latest release of the Software.
8. UPDATE RELEASES:
3D Nature shall, at no cost to CUSTOMER, make available to CUSTOMER, all update releases of the Software via download from the 3D Nature web site.
9. CUSTOM PROGRAMMING AND CONSULTING SERVICES:
If CUSTOMER requires professional services for special applications in connection with the Software, 3D Nature's technical staff will be made available to the CUSTOMER on a project basis at an agreed upon Contract rate.
10. SOFTWARE TRAINING:
For the term of this agreement, CUSTOMER may schedule to attend any 3D Nature Training Session at a discounted rate of ___________________ per person.
11. USER GROUP LIST SERVE:
CUSTOMER is entitled to participate on the User Group List Serve.
12. ONLINE TECHNICAL SUPPORT:
CUSTOMER will have access to 3D Nature's e-mail based technical support subject to the same terms and conditions for telephone-based technical support.
The above has been fully read and agreed to: 3D Nature LLC Manager and CUSTOMER:
3D Nature LLC Manager: (print)____________________________________________________
3D Nature LLC Manager: (sign)_____________________________________________________
Title:__________________________________ Date: ___________________________________
Title:__________________________________ Date: __________________________________