Document Version: 1.0
These Combine support terms and conditions (“Support Terms”) set forth the legal framework, where under Combine Control Systems AB (“Combine”) provides support services (as herein defined) to you (either an individual or a legal entity) (“Licensee”).
Besides these Support Terms, Support and Parties’ respective rights and obligations relating to Support shall be governed by the terms and conditions of the License Agreement (as defined herein), and the provisions therein concerning Licensed Software shall apply, to the extent relevant, also to Support hereunder.
shall mean the employee(s) of Licensee acting within the scope of employment or Licensee’s consultant(s) or contractor(s) acting within the scope of their services for Licensee and on behalf of Licensee.
“Designated User(s)”shall mean the employee(s) of Licensee acting within the scope of employment or Licensee’s consultant(s) or contractor(s) acting within the scope of their services for Licensee and on behalf of Licensee for whom Licensee has purchased Premium Support. Such Designated User(s) shall be named individuals know to Combine.
“Dedicated Contact”shall mean the employee of Combine who will be the first point of contact for all Designated Users’ requests for Support.
“Errors”shall mean an error, flaw, mistake, failure, or fault in the Licensed Software that prevents it from behaving as described in the Documentation or as agreed between the Parties.
“Extended Support”shall mean a continuation to the normal Support period, which allows Designated Users to receive Premium Support for a Sympathy for Data version that is no longer generally supported by Combine.
“Licence Agreement”means this Sympathy for Data License Agreement, and the agreement documents referenced herein.
“Maintenance Release”shall mean a release or version of the Licensed Software containing bug fixes, error corrections and other changes targeted to maintaining and improving product stability. Maintenance Releases are generally depicted as a change to the third digit of the Licensed Software version number.
“Platforms”shall mean the desktop, virtual machine, containers for which Support is provided under these Support Terms and as further described in the Environment Requirements Specification.
“Party” or “Parties”means each of Combine or Licensee, and Combine and Licensee jointly.
“Premium Support”shall mean an upgraded level of Support that Combine provides pursuant to these Support Terms to Licensee who have specifically purchased Premium Support instead of Standard Support as further defined in Section 4.
“Response Time”shall mean the period of time from when Licensee notifies Combine about an Error or requests Support until Combine provides Licensee with a response that addresses (but not necessarily resolves) the reported Error or provides the requested Support.
“Standard Support”shall mean standard level of Support that Combine provides pursuant to these Support Terms to Licensee.
“Support”shall mean developer assistance that is provided by Combine to assist eligible Authorized and Designated Users in installation, usage, functionality problem resolution for Error(s) and Error workarounds pursuant for the Licensed Software to the terms of these Support Terms. Support is available in two support levels: Standard Support and Premium Support, and in Extended Support, as defined herein.
“Support Term”shall mean the time during which the Licensee is eligible to receive Support from Combine. The Support Term corresponds to the License Term under the License Agreement.
“Updates”shall mean the same as defined in the License Agreement.
“Upgrades”shall mean the same as defined in the License Agreement.
Authorized User(s) includes also Designated User(s) in this section if a Premium Support level was purchased by the Licensee.
Subject to these Support Terms and during the Support Term, Combine will via its e-mail based support user-interface, provide Authorized User(s) with Support under the License Agreement.
Combine will make commercially reasonable efforts to solve any Errors reported by Authorized User(s). Resolution of an Error may be provided through Authorized User(s) themselves downloading of the next released version of the applicable Licensed Software product(s) or providing the Authorized User with a temporary workaround addressing such Error.
To report an Error, the Authorized User shall register the Error on Combine’s support desk via the support desk email address (support.sympathy@combine.se), the built-in support function in the Licensed Software or another location designated by Combine. Dedicated Users can optionally report directly to the Dedicated Contact in case a Premium Support agreement exists.
The Authorized User must provide adequate information and documentation to Combine to enable it to recreate the Error or problem for which the Authorized User has sought assistance.
To ensure efficient handling of Errors, the Authorized User must provide the following information, where relevant:
A clear, detailed description of the problem, question, or suggestion,
Identification of which part of the Licensed Software and version is affected,
Identification of the operating environment (e.g. operating system, hardware Platform, etc.) on which the problem exists,
On Standard Support: A complete test case (workflow) of not more than 10 nodes or a complete step by step instruction that demonstrates the problem.
On Premium Support: A complete test case (workflow) that demonstrates the problem, a complete step by step instruction, or access to Application Code (workflow) with relevant input data.
Additional relevant content, such as screenshots, etc. Additional content should be included as attachments. The preferred image formats are JPEG and PNG. Compressed content should be included in zip or tar.gz archives. Executable content is not accepted.
In order for Combine to provide prompt handling of Errors, the Authorized User shall promptly respond to any requests from Combine for additional information.
Regular Releases of the Licensed Software: Typically, all released versions of the Licensed Software (x.y.z) will be supported for one (1) year from the release date of the version x.y.0 of such regular releases.
Extended Support is available for Regular Releases of the Licensed Software and in both Standard Support and Premium Support.
Support is not provided for snapshots, preview releases, beta releases or release candidates and all files and data created by either of this forementioned releases.
Combine shall have no obligation to provide Support for hardware problems or problems arising from improper use, accident, neglect, or modification of the Licensed Software.
Combine shall not provide Support for third-party software or problems caused by third-party software even if such third-party software is distributed together with the Licensed Software,
Combine shall only provide Support for Error(s) that can be reproduced on Platforms that are officially supported by Combine as listed in the online product documentation of the Licensed Software for the relevant product version,
Combine shall not provide Support for third-party software or problems caused by third-party software. However, if such third-party software is distributed together with the Licensed Software product(s), Combine will make commercially reasonable efforts to solve such problems,
Combine shall only provide Support for Error(s) that can be reproduced on Platforms that are officially supported by Combine as listed in the online product documentation of the Licensed Software for the relevant product version,
Combine shall only provide Support for Authorized User(s) in case of Standard Support or Designated User(s) in case of Premium Support. Support is not provided to neither Authorized nor Designated Users or any other user of possible open-source editions of the Licensed Software.
Premium Support is purchased for an agreed bucket of hours (“Bucket”). Hours can be used by any Designated User. To encourage continuous usage of the Support, ten percent (10%) of the purchased Bucket shall automatically expire (regardless of whether such support hours are actually used or not by the Licensee) each month after three (3) months from the purchase of the Premium Support.
In performing Support, Combine shall commit to following, non-binding, Response Times:
Standard Support: Errors and Support requests will have a Response Time not to exceed three (3) business days.
Premium Support: Errors and Support requests will have a Response Time not to exceed one (1) business day.
For complex issues, Combine may provide an initial response to the Authorized User and then follow up, without undue delay, with additional communication before an Error is properly addressed or Support provided.
The Designated User(s) will be assigned a Dedicated Contact to handle requests for Support. Dedicated Contact is subject to change in cases such as sick leave, vacation, and other similar reasons.
The Designated User(s) can on request ask Combine to access their computer remotely in order to resolve problems directly.
The Designated User(s) can request a session via Instant Messaging or phone call in the support request to Combine.
Premium Support can assist Licensee in implementing new features, bug fixes and accessing patches in the Licensed Software or Application workflows.
All Support requests will be handled with high priority.
Licensee may purchase or upgrade the level of support of Standard Support, Premium Support or Extended Support for the current License Term or with a renewal of the License Term at the agreed prices, or, if no other pricing has been agreed upon, at Combine’s then current standard prices for the relevant Support.
Combine may from time to time change these Support Terms and the content of Support provided hereunder; provided that during the respective License Term, the level of Support provided by Combine may not be reduced without the consent of the Licensee.
Under the Support the Licensee is eligible for Maintenance Releases, Updates and Upgrades that Combine generally makes available to all licensees.
The primary focus of Maintenance Releases is product stability. Therefore, each Maintenance Release typically includes the following types of changes to the previous version of the Licensed Software:
Bug fixes caused by changes to previously working code;
Fixes related to execution issues on supported Platforms;
Fixes related to the user interface of the Licensed Software on supported Platforms;
Error corrections specific to a single Platform that are not present on other Platforms;
Critical Error corrections such as crashes, data corruption, loss of data, race conditions; and
Updates to documentation and license information when deemed necessary by Combine.
The primary focus of Updates is introducing new features to the Licensed Software and covering new platforms. Therefore, each Updates typically includes the following types of changes to the previous version of the Licensed Software:
New platform support; and
New features, toolkits and plugins for the Licensed Software.
While Combine shall aim to not introduce backwards incompatibilities in both Maintenance Release and Updates, Upgrades can introduce such incompatibilities on the other hand. Nevertheless, Combine shall perform best effort to minimize the upgrade path of existing user workflows. Upgrades typically include following types of changes:
Updated platform libraries (e.g., Python packages); and
All changes also present in an Update or Maintenance Release
Combine makes no warranties that the Support provided will be successful in resolving any difficulties or problems or in diagnosing faults or Errors reported by Licensee. Support is provided to Licensee on an “as is” basis. To the maximum extent permitted by applicable law, Combine on behalf of itself and its suppliers, disclaims all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose for the Support provided by Combine to Licensee.
Standard Support is included in all Licensed Software subscription, if not stated otherwise in the quote or purchase order confirmation, and Combine shall provide it to the Licensee during the License Term. Premium Support can be purchased additionally for License Terms of at least one (1) year. A Licensee with Premium Support can downgrade to Standard Support with the start of any Renewal Term with the respective notification period as valid for the License Term. Any right for Support is automatically terminated if the License Term does not get renewed.