This is an agreement between CaucusCare and ______________________________
(Client), wherein CaucusCare will provide certain support services regarding Client's use of the Caucus software to Client, in exchange for specific fees as published on the www.caucus.com web site.
- Definition of support services
"Support services" means that CaucusCare will resolve any problems with Client's Caucus web site that are caused by the standard, "out-of-the-box" version of the Caucus software installed on Client's host server computer. Problem resolution is specifically limited to problems with the use of the Caucus software; CaucusCare is not responsible for any problems caused by or to other software or data. Client shall select up to two individuals who may notify CaucusCare of problems that need resolution. Those individuals shall notify CaucusCare of such problems via e-mail, or by web forms provided by CaucusCare. ("Gold" support customers may notify CaucusCare via a dedicated technical support telephone number.) CaucusCare shall respond within one business day, and shall resolve such problems within two business days of receiving all necessary and pertinent information and access relating to the original problem. CaucusCare, at its descretion, may require web access and secure shell (ssh) access, to the Caucus area of Client's host server computer in order to diagnose and resolve any problems. (In technical terms, CaucusCare may require access to the unix userid that owns the Caucus files. CaucusCare does not require 'root' access.) CaucusCare may also, at its descretion but after consultation with Client, opt to install any Caucus software upgrades that may resolve the problem. During the term of Client's support contact, Client is also provided with the ability and right to download and install (from www.caucus.com) any upgrades to the Caucus software with the same base version number as their current software license. (In technical terms, if Client has a license for Caucus version 4.1, they may download and install Caucus 4.x for any value of x during the term of their support contract. For Caucus 5.0 and higher, software upgrades are published free to everyone.)
- Term and Limitations.
The normal term of a CaucusCare support contract is one year, excepting as specified in writing between CaucusCare and Client. The term shall begin as of Client's first request for support, or receipt of payment from Client, whichever comes first. Each support contract applies to a single server, site, or installation of Caucus. Multiple separate installations of Caucus (commonly called "Caucus universes"), even on the same host, may at CaucusCare's descretion require separate support contracts.
- Proprietary Information
CaucusCare shall not, without permission of Client, disclose to any third party any proprietary information or software of Client's discovered while performing the support services. Client shall not, without permission of CaucusCare, disclose to any third party any proprietary information or software of CaucusCare's discovered as a result of CaucusCare's support services.
CaucusCare is not liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use Caucus, even if CaucusCare has been advised of the possibility of such damages. CaucusCare's entire liability under any provision of this agreement is limited to the amount paid for the support contract.
This agreement shall be governed by the laws of the state of Michigan.
For CaucusCare For Client __________________________ __________________________