Software Maintenance agreement
Updated January 2020
Software Maintenance Agreement
Test Systems Strategies Incorporated (“TSSI”) annual maintenance contract (“Maintenance”) provides a broad offering of support benefits that ensure efficient and productive usage of TSSI’s advanced products and solutions. Customers with current Maintenance receive significant value, including highly responsive technical support via several connection alternatives and frequent availability and delivery of the latest advances in product performance, capacity, and reliability. Customers who purchased perpetual licenses will need to purchase Maintenance separately while annual subscription customers are automatically on the Maintenance plan.
Please read this document for a description of TSSI’s Software Maintenance Agreement.
TSSI’s Software Maintenance is an annual subscription service that provides customers with consistent benefits during the term of the maintenance period. This includes the ongoing software development of enhancements and improvements in addition to rapid response from the TSSI Technical Support Center. New Software Maintenance for new Software Products is included with any annual software subscription. For perpetual licensing model, new Software Maintenance for new Software Products must be purchased for an initial term of at least one (1) year. Renewal Software Maintenance for the installed perpetual Software Products must be purchased for a term of at least one (1) year, with one exception. If a customer plans to shift the maintenance periods of multiple installed Software Products to be coterminous, then Renewal Software Maintenance for some products may be purchased for less than a one (1) year period. In this case, a minimum Renewal Maintenance period of six (6) months will be allowed.
POLICIES FOR PERPETUAL LICENSING MODEL
First Year Term
TSSI's Maintenance is provided separately from its Software Products. The first year of Maintenance must be purchased separately from Software Products, either on the same purchase order or on an accompanying purchase order. TSSI will not accept a purchase order for Software Products if there is no intent to purchase the first year of Software Maintenance for all products.
TSSI delivers its Software Products with a ninety (90) days Standard Software Warranty. The Warranty provides coverage for normal workmanship problems, product packaging defects, shipment guarantee, and installation support. The Warranty does not include the services and benefits provided by the Software Maintenance. The term of the first year of Software Maintenance must begin at the time the Software Products are shipped.
Renewal Software Maintenance
In order to continue receiving the benefits provided by TSSI Software Maintenance, customers must purchase Renewal Software Maintenance for a term of at least one (1) year. TSSI maintains records of installed Software Products for each customer, and will do its best to provide Renewal Software Maintenance quotations at least sixty (60) days prior to the expiration date of the current Software Maintenance. For this reason it is important that accurate system administration and purchasing contact information is provided to TSSI's Order Entry Group.
Pricing for New, Renewal, and Reinstatement Software Maintenance is based on local list prices for Software Products and local list percentages for Software Maintenance in effect at the time of the purchase of the New, Renewal, and Reinstatement Software Maintenance. Although list prices are subject to change without notice, TSSI will notify customers of any list price changes on a best effort basis. In the event of a price change, customers will have ninety (90) days to place purchase orders based on the local list prices in effect before the change. This policy applies to new Software Product purchases as well as to Software Maintenance purchases.
Before purchasing Renewal Software Maintenance, customers whose Software Maintenance has lapsed must purchase Reinstatement Maintenance to recover the ongoing software development of enhancements and improvements that is included in the latest product releases they will receive.
Reinstatement Maintenance for Software Maintenance Services that have lapsed for one (1) year or less is equal to the standard Software Maintenance pricing pro-rated by the time lapsed. For example, a customer whose Software Maintenance has lapsed for nine (9) months would purchase nine (9) months of Reinstatement Maintenance and twelve (12) months of Renewal Maintenance.
Reinstatement Maintenance for Software Maintenance Services that have lapsed for more than one (1) year is equal to one (1) year of the Standard Software Maintenance pricing plus fifty (50%) percent of the Standard Maintenance pricing for the time lapsed beyond one year. For example, a customer whose Software Maintenance has lapsed for twenty-four (24) months would purchase eighteen (18) months of Reinstatement Maintenance and twelve (12) months of Renewal Maintenance.
Software License Host Transfers For Both Perpetual And Subscription Licenses
Software Products under current Software Maintenance may be transferred from an old host to a new host once per maintenance year for no additional charge. Customers transferring Software Products from an old host to a new host must sign a TSSI Software License Transfer Agreement that agrees to destroy and/or return the authorization codes for the Software Products for the old host. Subsequent license transfers will be subject to a nominal administration fee to be quoted. For Software Products not under current Software Maintenance, license transfers will be subject to a higher administration quoted along with the TSSI Software License Transfer Agreement.
Any exceptions to this policy must be pre-approved by the TSSI Vice President of Sales, the TSSI Vice President of Finance, or the TSSI President.