Forms on a Disk

OVERVIEW

Unless otherwise stated, these Technical Support Policies apply to technical support for all Forms On-A-Disk product lines.

"You" and "your" refers to the individual or entity that has ordered technical support from Forms On-A-Disk.

To receive technical support as provided by Forms On-A-Disk Support Services (FOADSS), all programs must be currently licensed. You may contact Forms On-A-Disk via telephone or email during normal business hours (CST). Forms On-A-Disk provides technical support via its web site 24/7. Phone numbers and contact information can be found on Forms On-A-Disk's support web site at http://support.formsonadisk.com/.

Technical support is provided on a first-come, first-served basis for issues (including problems created by you) that are demonstrable in the currently supported release(s) of a Forms On-A-Disk licensed program, running unaltered, and on an appropriate hardware, software, and operating system configuration, as specified in your program documentation. Product release and supported platforms information for Forms On-A-Disk programs is available through the Forms On-A-Disk web-based customer support system.

The parties agree that the Forms On-A-Disk will not be responsible for providing technical support for problems arising out of hardware or other software conflicts that are not directly attributable to Forms On-A-Disk products, and that it will be the responsibility of the Licensee to seek such support from the appropriate manufacturers of the hardware or software causing the problem.

Further, Licensor makes no warranties for problems arising out of accidents, abuse, misuse, misapplication, or other inappropriate use of the programs governed by Your license, including any modifications to the programs by Licensee or by other persons or entities, which modification includes purposeful or accidental changes or the introduction of a computer virus to the system on which the Forms On-A-Disk programs are installed.

These Technical Support Policies are subject to change at Forms On-A-Disk's discretion; however, the services provided will not be materially reduced during the support period (defined below).

SUPPORT TERMS

Support Period

Technical support is effective upon the Delivery Date as indicated on your invoice. Forms On-A-Disk technical support terms, including pricing, reflect a 12 month support period (the "support period"). All technical support services ordered for a support period and the related fees are non-cancelable and non-refundable. Forms On-A-Disk is not obligated to provide technical support beyond the end of the support period unless your technical support contract is renewed on or before the service expiration date.

Technical Support Fees

Technical support fees are due and payable annually in advance of a support period. An annual invoice will be sent to a single billing address as designated by you. Failure to submit payment will result in the termination of support.

Reinstatement of Forms On-A-Disk Technical Support

In the event that technical support lapses or was not originally purchased, upon the commencement of technical support a reinstatement fee will be assessed. The reinstatement fee is equal to 150% of the current support fee structure. Once the reinstatement fee has been assessed, technical support for the year following the reinstatement date may be purchased per the current technical support fee structure.

SUPPORT FOR LOST OR UNRECOVERABLE LICENSE

A Forms On-A-Disk license is an asset like any other material asset and represents material value to both you and Forms On-A-Disk. This technical support contract does not function as insurance, and does not provide for no-cost reinstallation of lost or unrecoverable licenses. In the event that a license is lost or becomes unrecoverable, Forms On-A-Disk will restore the license at the then current license price, except as provided for below.

Forms On-A-Disk contracts with companies and associations to develop and market programs based on their copyrighted forms. Should any such company withdraw a form from the marketplace and disallows continued distribution of said form, Forms On-A-Disk will not replace said form if it becomes lost or unrecoverable.

Technical Contacts

You are the sole liaison between you and FOADSS for technical support of programs. You should be knowledgeable about the Forms On-A-Disk program(s) and your Forms On-A-Disk operating system environment in order to help resolve system issues and to assist Forms On-A-Disk in analyzing and resolving service requests. When submitting a service request, you should have a baseline understanding of the problem you are encountering and an ability to reproduce the problem in order to assist Forms On-A-Disk in diagnosing and triaging the problem.

Program Fixes, Updates and Revisions

A "Program Fix" (or "Program Patch") refers to a modification to the programming code of a form that serves to resolve problem issues. Program Fixes are made available for program licenses to its supported customers at no additional license fee, other than transaction charges if applicable.

A "Program Update" refers to a modification to the programming code of a form that serves to enhance functionality.

A "Program Revision" (or Form Revision) refers to a modification of the form itself. Program Updates and Program Revisions are made available for program licenses to its supported customers at a fee equal to a percentage of the original cost of the license, including transaction charges if applicable.

Updates are provided when available, and Forms On-A-Disk is under no obligation to develop any future programs or functionality.

For all Forms On-A-Disk Program Fixes, Updates, and Revisions, the fixed/update/revised program will be made available to you via download. You shall be responsible for installing the updates.

Right to Desupport

It may become necessary as a part of Forms On-A-Disk's product lifecycle to desupport certain program releases and, therefore, Forms On-A-Disk reserves the right to desupport certain program releases. Desupport information, including desupport dates, is posted on the Forms On-A-Disk web site. Desupport information is subject to change. Forms On-A-Disk will provide updated desupport information on the Forms On-A-Disk web site as necessary.

Third Party Vendor-Specific Support Terms

You must remain on a supported environment - including applications and platforms - to receive technical support. If a vendor retires support for its product, you may be required to upgrade to a current certified application, hardware platform, framework, database and/or operating system configuration to continue receiving technical support services from Forms On-A-Disk.

FORMS ON-A-DISK COLLABORATIVE SUPPORT

Forms On-A-Disk may make available software tools (such as tools to assist in the collection and transmission of configuration data) and web-based tools (such as tools that enable Forms On-A-Disk, with your consent, to access your computer system) to aid in the resolution of service requests. Such tools may be used only in connection with supported program licenses, and use of the tools will be subject to any additional license and other terms provided with the tools.

FORMS ON-A-DISK SERVICE ATTENTION

Service requests may be submitted by you either online through Forms On-A-Disk's web-based customer support systems or by telephone. Reasonable efforts will be made to respond to service requests within two (2) hours during normal business hours (CST).