Software Maintenance

Eligibility

You must meet the following eligibility criteria to purchase or renew the Software Maintenance (previously known as Annual Software Updates Subscription) for any of our products:

• Must have a current license for the product you are purchasing a software maintenance for.
• Must be not more than 30 days since you purchased a software license for the related product (OR) Must be not more than 30 days since your previous Software Maintenance has expired.

Software Maintenance Benefits

• Software Maintenance covers both major and minor product releases including new features, enhancements, and any bug fixes during the coverage period.
• Software Maintenance helps you stay up-to-date with the latest releases and patches for the product, which may include bug fixes, feature enhancements and new features.
• Normal upgrade prices for a major version upgrade is typically around 60% of the prevailing product list prices. By paying about 25-30% of the prevailing license costs (which is less than half the price of a normal software upgrade) as a maintenance fee, you are assured of getting ALL product upgrades released during the maintenance term for free. Otherwise, you may have to pay for every upgrade at much higher prices in order to take advantage of all the new features and improvements to the product.
• Periodic software updates ensure that you are running the most stable version of the software with fixes for some of the known problems with the software.
• Technology Platform vendor, such as Microsoft, constantly release new patches and service packs that addresses known problems. Updating your Platform environment may sometimes require updating to new releases of some of the software written for these platforms in order for the software to function optimally and remain stable. Software Maintenance helps you to constantly get notified of such releases.
• You are regularly notified about the list of fixes, improvements and new features in the latest releases that help you evaluate your prevailing needs and decide on the timing of when to upgrade your software. This lets you be proactive in your work and helps you plan your technology tasks well.
• By purchasing Software Maintenance, you will be in our priority list of customers with whom we constantly keep in touch with and all your feedback and feature requests receive special attention.

Definitions

“Software” is Vyapin’s proprietary software product for which Licensee has purchased the License from Vyapin and/or an authorized Vyapin reseller under the terms and conditions of the applicable software license agreement.

“Software Update” means a new updated version of the licensed software.

Terms and Conditions

• Vyapin may provide, from time to time, software product updates and upgrade versions of the licensed Vyapin software product. Minor version updates include both minor feature updates (changes in the second digit of the version number e.g., 3.0 to 3.2) AND bug fix updates (changes in the third digit of the version number e.g., 4 to 3.2.2). Major version upgrades include new feature additions and enhancements to existing features. Major version releases are made with changes to the first digit of the version number e.g., 3.0 to 4.0.
• “Software Maintenance” entitles the licensee to receive new versions of the licensed software, both minor and major version releases, released during the maintenance term.
• The maintenance term for new purchases shall be for a period of twelve months or the stated duration from the date of purchase. In the case of maintenance renewals, the new maintenance term always starts on the expiry date of the previous maintenance term.
• Licensee may purchase the Software Maintenance at the time of purchase of the product license, or within a grace period of 30 days from the date of purchase of the product license or at the time of renewing the older maintenance. Licensee will not be eligible to purchase software maintenance for the licensed software at any other time.
• Vyapin will notify licensee when the software maintenance comes up for renewal. Licensee may renew the software maintenance for a further period of twelve months (or any other duration), within 30 days upon expiry of the maintenance term.
• The year-on-year software maintenance renewal price will be at the prevailing software list price.
• Licensee will not receive software updates, if the Licensee’s software maintenance has expired. Once the software maintenance expires, Licensee will not be eligible to receive any software updates released during the maintenance term.
• Licensee’s existing Software license, as well as any related warranties, conditions, disclaimers and limitations of liability under the applicable Software License Agreement of the licensed software, will extend to the product updates provided under the terms and conditions of the Software Maintenance.
• Licensee may use each software update release solely to replace a previous version of the licensed Software only.
• Licensee may only use software updates up to the number of licenses of the Licensed Software for which Licensee has purchased Software Maintenance under these terms and conditions.
• All Software Updates will be made available as Electronic Downloads only. They will not be shipped.
• When Software Updates are available for download, Vyapin will send email notification to the email address of the contact person(s) stated at the time of purchase.
• The Software Maintenance does not entitle the licensee to any newly developed add-on software or modules for the licensed software for which there may be a separate license or fee.
• The Software Maintenance purchase does not entitle the licensee to newly developed software or upgrades to any new technology platforms for which there may be a separate license or fee. Software may sometimes be developed and released for two different technology platforms as two separate products. In such cases, Software Maintenance purchased for one platform version will not entitle the Licensee to receive updates for the other platform version.
• The Software Maintenance purchase does not include any additional technical support. Technical support will be provided as per the standard support policies of Vyapin.
• Software updates provided under this agreement are for the use of Licensee only.
• Software updates will be developed and released by Vyapin in its sole discretion. Vyapin does not guarantee or warrant or represent that they will develop or release any software updates or upgrades during the term of the Software Maintenance.
• Vyapin does not warrant that the software updates will be provided to licensee or made available within any specified time period following the commercial release of software.
• Vyapin does not warrant that email notifications on new updates will be sent within any specified time period following any minor or major version release.
• Vyapin shall not be responsible for non-delivery of email notifications on new updates sent to the contact email address for any reason whatsoever.