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TERMS OF SUPPORT

Last Updated May 2021

 

1.     Size Stream will provide support and maintenance for its Scanning Tools, subject to payment of all applicable fees.  Support and maintenance services include: (i) reasonable access to Size Stream’s telephone and e-mail support, during Size Stream’s normal business hours, (ii) delivery of corrections, repairs, and replacements in connection with failures of the Scanning Tools to perform substantially in accordance with their documentation, and (iii) applicable error corrections and updates that Size Stream generally makes available to its customers.

 

2.     Customer agrees to promptly notify Size Stream of any failure of the Scanning Tools to operate in accordance with their documentation. Customer will, upon Size Stream’s request, either allow Size Stream to access (either on-site or through remote access) the Scanning Tools at the Locations, or return any scanners, transportation charges prepaid, to Size Stream's designated facility in accordance with Size Stream's then-current return procedures. If Size Stream determines that the Scanning Tools fail to conform and have not been subjected to any of the conditions in the following sentence, then Size Stream shall repair or replace the Scanning Tools or applicable components. Repairs may include the replacement of parts with functionally equivalent, reconditioned or new parts.  The foregoing obligation does not cover services required if the Scanning Tools or any component thereof (including the Software) (i) have been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling or use contrary to any instructions issued by Size Stream; (ii) have been repaired, altered, or removed from an authorized location by persons not expressly authorized by Size Stream; (iii) have not been operated, repaired or maintained in accordance with the documentation; (iv) have failed due to events outside of Size Stream’s control, or (v) have been combined with or used with any third party item which has not been approved in writing by Size Stream.

 

3.     Size Stream shall not be responsible for correcting errors caused by the use of the Scanning Tools outside of their ordinary use as described herein and in the documentation or by errors, failures, slowdowns or capacity issues in computers and networks outside of Size Stream’s reasonable control (including, without limitation, those owned or operated by Customer and networks between Customer’s and Size Stream’s systems) or by any breach of the Agreement. Size Stream does not warrant or guarantee that all errors in the Scanning Tools will be corrected.

 

4.     Customer Responsibilities.

i)      Customer shall ensure that only persons properly trained in the operation and use of the Scanning Tools will contact Size Stream for support.

ii)     Customer will use reasonable efforts to verify, re-create, and resolve any problem prior to contacting Size Stream, including by consulting the relevant Documentation.

iii)    Customer shall provide Size Stream with reasonably detailed documentation and explanations, together with underlying data, to substantiate any such failures and to assist Size Stream in its efforts to investigate, diagnose and correct the issue.

iv)    Customer shall perform tasks as reasonably requested by Size Stream to aid in the resolution of problems and shall implement all reasonable workarounds to problems as directed by Size Stream.

5.       Customer Contacts.  Customer shall designate up to five (5) named contacts to request and receive support services from Size Stream (“Named Support Contacts”).  Named Support Contacts must be trained on the Scanning Tools.