Carlson Annual Support Maintenance is optional.
- Scope of Services (Software Only Agreement)
- Price and Payment Terms
- Training & Support
- Term and Termination 2
- Ownership of Intellectual Property
- Confidential Information
- Limitation of Liability, Indemnification
- Assignment
- Governing Law
- Hours of Service
- Products Covered with this Agreement per Copy
- Scope of Services (Software Only Agreement)
Carlson Positioning & Machine Control will provide technical support for all software listed below under “Software Products Covered.” Telephone technical support will be provided during “Hours of Service.” If determined to be necessary by Carlson Positioning & Machine Control, service and technical support may be provided via electronic access as covered in the Software License Agreement. Carlson Positioning & Machine Control service and technical support will be limited to diagnosis of problems and recommending and/or implementing solutions for problems occurring with software or hardware products. Software or hardware products in disrepair determined by Carlson to be in a condition beyond that which would be considered normal usage are not covered under this Agreement. Repair, replacement, labor, service and support cost for these products shall be the responsibility of the client.
- Price and Payment Terms
The cost for maintenance for software shall be according to the attached schedule and will expire on December 31st, of the calendar year.New systems purchased during the year include 90 days of maintenance after installation.A pro rata system is used for contracts purchased throughout the year.
- Training & Support
On-site training and support can be provided by Carlson Positioning & Machine Control.The cost for on-site work shall be charged at a rate of $1995 for the first day, and $1495 for subsequent days. There is a one-day minimum. Furthermore, emergency service requests will be handled case by case as expeditiously as possible and additional fees may apply.ALL INSTALLATION, SERVICE & TRAINING (IST) MUST BE AUTHORIZED BY CARLSON IST REQUEST FORM BEFORE SERVICE RENDERED.
- Term and Termination 2
The term of this agreement shall be for one (1) year and pro rated to expire on the 31st of the calendar year.
- Ownership of Intellectual Property
Carlson Positioning & Machine Control and Carlson Software retains ownership of all intellectual property
licensed to client or devised, invented or created during the course of providing service and technical support.
- Confidential Information
Both parties shall hold as confidential any information which one party obtains from the other in the performance of this Agreement and which is marked or otherwise identified as confidential.
- Limitation of Liability, Indemnification
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO CASE SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF WHETHER SUCH DAMAGES ARE PREDICATED OR BASED UPON BREACH OF WARRANTY, BREACH OF AGREEMENT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF USE OF ANY PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES.
- Assignment
Each parties’ rights and obligations under this Agreement may be assigned to any other person or entity, including any person or entity acquiring all or substantially all of the assets, or assuming all of the obligations of the party, related to the subject matter of this Agreement, whether by merger, acquisition, joint venture or otherwise, but such assignment shall be only upon the prior written consent of the other party, and such consent shall not be withheld unreasonably.
- Governing Law
This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Kentucky, U.S.A, without regard to the choice of law provisions thereof.
- Hours of Service
The hours of service will be from 8am to 5pm EST
- Products Covered with this Agreement per Copy
Carlson Grade Supervisor
Carlson Grade
Carlson Landfill Grade
Carlson Drill Grade
Carlson Fleet Manager Office
Carlson Heartbeat Server
Carlson TruckProPlease check with your Carlson dealer or inquire with Carlson directly for current Annual Maintenance pricing and terms of the contract.
*Note: Some firewall, networking and other 3rd party software can interfere with Carlson’s Command and Control operation. If deemed incompatible by Carlson staff, software will need to be unloaded and/or an alternative compatible program may need to be used.