Appendix: Axivion Products Support

1 SUPPORT SERVICES

1.1 Support Service will be available to the Customer for the Support Validity Term. The Support Service can be reached during Service Hours (defined as working days of Monday through Friday, not including German statutory holidays, from 9:00 a.m. through 6:00 p.m. Central European Time) by e-mail at support@axivion.com, or another communication location designated by The Qt Company.  “Support Validity Term” shall mean the License Term or any other fixed time period agreed between the Parties during which time the Customer is eligible to receive Support from The Qt Company for the Axivion Products.

1.2 These Support Terms shall also apply to later versions of the Axivion Products supplied to the Customer by The Qt Company in the context of Update services provided, unless otherwise agreed on the occasion of the supply of the respective later version. After a new version has been released, the support services for the respective previous version will be continued for a period of six months. 

1.3. Following contact by the Customer to the Support Service, Errors occurring during the normal use of the Axivion Products will be handled by The Qt Company's support service. “Errors” shall mean an error, flaw, mistake, failure, or fault in Licensed Software that prevents it from behaving as described in the relevant documentation or as agreed between the Parties. 

1.4 The Qt Company undertakes in the context of the Support Service to narrow down the cause of the Error, analyze the Error, and remove it or, to the extent that a removal is not possible with a reasonable expenditure of money and/or time, to maintain the operation of the Axivion Products by pointing out a bypass solution. 

1.5 The Support Service will be carried out during the Service Hours above. Any support services rendered outside these hours is subject to written agreement, on the basis of a separate agreement in the individual case, subject to payment of separate remuneration. 

1.6. In performing Support, The Qt Company shall commit to the following, non-binding, Response Times for Standard Support: Errors and Support requests will have a Response Time not to exceed two (2) business days. For complex issues, The Qt Company may provide an initial response to the Customer and then follow up, without undue delay, with additional communication before an Error is properly addressed or Support provided.

2. UPDATE SERVICE 

2.1 Via Axivion Products Support, Customer is eligible for maintenance releases and Updates that The Qt Company generally makes available to customers who have purchased Support. Unless otherwise decided by The Company at its free and absolute discretion, Upgrades will not be provided under the Support. In the context of the Update Service, The Qt Company will supply the Customer with Updates of the Axivion Products as well as the pertinent program documentation via on-line download or, at The Qt Company’s choice, on machine-readable data storage media in object code format for installation by the Customer.  Updates are focused on improved functions. Maintenance releases are primarily focused on product quality (e.g., bug fixes, build issue fixes, error corrections, documentation and license information updates). 

3. GENERAL LIMITATIONS

3.1 Support is not provided for snapshots, preview releases, beta releases or release candidates. The Qt Company shall have no obligation to provide Support for Third party components, hardware or operating system specific problems or problems arising from improper use, accident, neglect, or modification of the Axivion products by Customer.

3.2 The Qt Company 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 Licensed Software product(s). The Qt Company shall only provide Support for Error(s) that are reported on and can be reproduced on platforms that are officially supported for the release of the Licensed Software. The Qt Company has no obligation to provide support: (i) where Errors are caused by Customer’s faulty application or lack of careful consultation of the program documentation, or external influences not under the control of The Qt Company (e.g., virus infestation, Customer hardware or system defects); or (ii) for the reconstruction of sets of data that the Customer has not sufficiently secured against loss. 

3.3 The scope of Support does not include the installation of the Axivion Products and of new program versions supplied in the context of the update service, the performance of release changes, the programming of required adjustments, if any, as well as the training of Customer staff members, or general user support on questions arising in connection with the normal use of the program, especially questions concerning the operation and possible applications of the Axivion Products. Such services, to the extent The Qt Company agrees to provide them upon Customer request, are subject to separate remuneration. 

3.4 Additional expenses incurred by The Qt Company for the provision of support, such as work carried out on-site by The Qt Company employees that result from the fact that the maintenance services cannot be performed at the originally agreed installation site of the Axivion Products shall be borne by Customer. 

4. COOPERATION DUTIES OF THE CUSTOMER 

4.1  In the context of the notification of the Support Service of Errors, the Customer shall furnish The Qt Company with all available Error reports, system logs, log files, interim and test results, as well as any other documentation and information necessary for analyzing and handling the Error. The Error must be described such that it can be reproduced. 

4.2. For the provision of the maintenance services, especially in the context of the support service, the Customer shall grant The Qt Company and its staff members free access to the Axivion Products as well as to the hardware and operating system of the Customer upon which these are installed. Furthermore, the Customer shall be obligated to provide The Qt Company with a suitable infrastructure for remote access to the Axivion Products in the event of a Error. 

4.3. The employees of the Customer authorized to use the Axivion Products are entitled to contact the Support Service of The Qt Company directly, unless other arrangements are agreed to in writing between Customer and The Qt Company. Additionally, the Customer shall name one staff member working at the place of installation of the Axivion Products as the principal contact person who will make all decisions in connection with the performance of the maintenance services or will ensure that such decisions are made without undue delay. 

4.4. The Customer shall be obligated to carry out data backups at regular intervals in accordance with the special requirements stipulated by The Qt Company in the applicable product documentation. In the absence of such special requirements, data backups must be made according to the generally acknowledged principles of secure data processing. 

5. OTHER PROVISIONS 

5.1. The Qt Company shall be entitled to provide parts of the maintenance services through or with the help of third parties. 

5.2 The Qt Company makes no warranties that the Support provided will be successful in resolving any difficulties or problems or in diagnosing faults reported by Customer. Support is provided to Customer on an “as is” basis.  To the maximum extent permitted by applicable law, The Qt Company 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 The Qt Company to Customer.