Real Time eXecutives, Inc. Maintenance Plan
1. Maintenance Services
The maintenance services provided by RTX to a Customer shall include, upon request, updates of products and device drivers and twenty-four (24) man hours of "Service" in the aggregate per year, as defined for:
a. correction of program logic errors.
b. corrections of deviations from approved program specifications.
2. Additional Services
Customer may request RTX to perform services of the nature of those described in Paragraph 1 in excess of twenty-four(24) man hours per year, and RTX shall provide such additional services and shall be compensated by Customer at rates for such services as are customarily charged by RTX. At present, the rates for such service is $175./Hour.
3. Method of Providing Service
RTX shall provide to Customer the services described in Paragraph 1 by any of the methods described, the selection of the method and the personnel to be utilized to perform such services being solely within the control of RTX:
a. by means of telephone communication
b. by means of telecopy, telegram or mail
c. by means of telephone computer hookup
All services shall be provided during normal business hours (Eastern Standard Time).
4. Additional Expense
The services provided by this Plan do not include the following items or additional expenses which will be charged separately by RTX to Customer:
a. All media costs, including , diskettes and the like, and all shipping and handling charges and taxes.
b. Telephone charges for computer hookup or for use of telecommunications equipment in providing services .
c. Travel or living expenses directly related to the services provided.
5. Limited Undertaking
The services to be provided by RTX shall be on a best efforts basis only, and RTX makes no warranty or understanding as to the success or level of performance to be achieved by RTX. Without limiting the generality of the foregoing, RTX makes no representation or warranty that program errors can be corrected or that data otherwise un-retrieved can be retrieved. RTX shall have no liability for direct, indirect or consequential damages incurred by Customer by reason of any malfunction or by reason of the performance of services pursuant to this Plan except in the case of gross negligence or willful misconduct by RTX. In no event shall any damages recoverable by Customer for this Plan exceed an amount equal to the original cost of Plan.
6. Effective Date of Plan
Plan becomes effective upon completion of installation if done by RTX. Otherwise, effective upon date of shipment of software, receipt of purchase order, or when plan is renewed.