IIT will undertake commercially reasonable efforts to provide technical assistance under this agreement, but do not guarantee that all problems will be solved or that any item will be error-free.
Support for all products will cease 6 months after the next release of the product is shipped. IIT may, from time to time, discontinue products and versions or discontinue any or all support services. IIT also reserve the right to terminate service to any individual who abuses any support program including, but not limited to sharing customer identification numbers with others.
IIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SOFTWARE OR ANY SERVICES IIT MAY PROVIDE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING BY STATUTE, LAW OR TRADE DEALING OR USAGE. ALL MATERIALS AND SERVICES ARE PROVIDED "AS IS."
IIT IS NOT LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON (INCLUDING LOSS OF TIME, LOSS OF DATA OR SOFTWARE, LOSS OF PROFITS OR LOSS OF REVENUE) EVEN IF IIT HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND OUR LIABILITY IN ALL EVENTS WILL NOT EXCEED THE SUPPORT FEES THAT YOU HAVE PAID UNDER THIS AGREEMENT.
IIT has the right to use and treat as non-confidential any information you may give IIT during your use of our support program unless you specify in writing the fact that certain material should be treated as being confidential.
This is the full and final agreement between you and IIT, and it supersedes any promises, representations or agreements relating to the subject of this agreement. This agreement may be changed only if you and IIT's authorized representative do so in writing. No inconsistent, additional, or pre-printed terms on your purchase order or other business form apply.
This agreement shall be governed and controlled by the German law. No choice of law rules of any jurisdiction will apply.
An incident is defined as a single support issue with a SwiftMQ product and the reasonable effort needed to resolve it. A single support issue is a problem that cannot be broken down into subordinate parts.
When, after 3 attempts on separate business days, the customer cannot be reached regarding an open incident, the incident is considered closed, unless otherwise agreed by IIT and the customer. IIT will endeavor to provide resolutions to questions within a reasonable time, but at least within 2 business days after the question has been dispatched to an engineer. If the nature of the question prevents IIT from providing a resolution within that period, IIT will contact the customer to inform them when a resolution can be expected.
A response to a request for Support may consist of receipt of and acknowledgement by IIT of your request for Support, and may not include answers to your request for Support. You acknowledge and understand that no software is perfect or error free, and that despite its commercially reasonable efforts, IIT may be unable to provide answers to or resolve some or all requests for Support. IIT makes no promises, guarantees or assurances of any kind that it will be able to provide the Support you seek.
Response Time is based on your purchased Support Program and IIT's business hours, Monday to Friday, 09:00 to 18:00 CET, except non-service periods.