JGraph Maintenance Terms and Conditions

Definitions

  • Error means the operation, or lack of operation of JGraph software that causes the customer to be unable to use the software functionality as described in the accompanying documentation
  • you or your refers to the customer purchasing the maintenance agreement
  • Contact Person means a person designated by a customer to interface with JGraph Ltd for the purpose of obtaining support

Terms and Conditions

1. Term

This maintenance agreement has a term of 12 months.

2. General

Upon payment in full of all applicable fees, JGraph Ltd will provide software maintenance and support services during the term of your subscription as provided in this Schedule

3. Updates

You will be entitled to receive Updates and upgrades released during the term of your subscription free of charge that will then become supported under the terms of this support agreement.

4. Supported versions

All 5.7.0 versions of JGraph and later, versions 1.2.0 of JGraph Layout Pro and later, versions 6.0 and later of JGraphpad Pro and versions 1.0 and later of mxGraph are supported under this agreement. No additional software packages available from JGraph Ltd, be they free or purchased, are supported. This agreement does not cover the use of JGraph Products under any zero cost, free/open source licenses. Any such use of free/open source licensed versioned of JGraph Products are solely under the terms of that software license.

5. Supported Functionality

Since the JGraph library is available for free download with full source code, it is possible for you to determine what features are available in the JGraph library. JGraph Ltd will not be obliged to provide support for features outside of that feature set. By agreeing to these term and conditions and making payment for this support agreement you are confirming that you understand the feature set available in JGraph. You are advised to obtain evaluation copies of any further JGraph software covered under the terms of this agreement, prior to purchase, in order to determine the feature set that software provides.

6. Changes to terms and conditions

JGraph Ltd reserve the right to alter the terms and conditions of these maintenance terms and conditions, providing customers with at least 30 days advanced notice of doing so. Any changes will not result in a materially reduced level of support from the terms and conditions herein. Any changes to the terms and conditions will become effective on the customers next annual maintenance period after the 30 days notice period has elapsed.

7. Fees schedule

Annual maintenance fees shall be due in full within 30 days of receiving a JGraph invoice for the maintenance amount. If payment is not received in this time JGraph will have the right to discontinue providing support under the terms of this agreement until the invoice is paid in full. JGraph is under no obligation to provide maintenance support if the customer does not renew the maintenance contract or does not pay the maintenance fees. Verbal or written agreement of these terms and conditions does not constitute any obligation for JGraph Ltd to provide support. Only upon payment of the full amount due by you, as quoted by us specifically in relation to this support agreement, does the support agreement come into effect, unless agreed otherwise. If you have been offered commercially licensed software produced by JGraph as part of your maintenance agreement, your license will continue to be valid after your fully-paid maintenance agreement runs out. However, if you fail to pay in full for the first 12 months of the maintenance agreement within the period specified on the invoice or quote associated with this contract, JGraph Ltd reserves the right to revoke your license(s) to any JGraph software within the remit of this support agreement contract.

8. Renewal

JGraph is under no obligation to renew any technical support contract. If JGraph informs the customer they are not willing to renewal a support contract, the customer does not have the right to purchase another JGraph product and claim support for that product. Any money transferred in this way will be refunded. JGraph will only refuse to renew a technical support contract for reasons of a product becoming end-of-life within the next 12 months or if the customer breached any of the support contract terms during the current or previous support periods.

9. Contact procedures

If you have licensed JGraph software for use by others (e.g., an organization has licensed multiple copies of a JGraph software product for use by its employees), you must provide all support to your end users and you must designate one primary Contact Person and one secondary Contract Person.

You must provide JGraph Ltd with each Contact Person's name, telephone number and e-mail address. You must make reasonable efforts to channel substantially all of your support interactions with JGraph Ltd through your Contact Person(s).

10. Error reporting

When reporting errors to JGraph support you must use the latest supplied support email address you were provided with by the JGraph support team. You must describe the error in reasonable detail and report any output on any error logging mechanism present. JGraph Ltd will use commercially reasonable efforts to respond to your Error reports within the times indicated below depending upon the severity of the problem:

Error Description Response Time
Critical Holding up all further work 8 Working Hours
Severe Difficulty working and no workaround possible 12 Working Hours
Moderate Inconvenient problem, but work may continue 16 Working Hours
Minor Or general usage questions 24 Working Hours

11. Working hours

Working hours count as operational hours from 9am to 5pm WET. Individual customers may have these hours extended on a per-contract basis to take into account customers' geographical differences. If an Error is reported out of hours, on a weekend or on a holiday in England, the response times will begin counting will the first business day the report is received.

12. Delivery of Bug Fixes

JGraph Ltd will deliver bug fixes as quickly as possible within reason business constraints. The delivery of bug fixes will either be in next formal release or as source code files for the customer to integrate. Standard maintenance contracts do not entitle customers to receive fixes as patches to a previous release. Where possible JGraph Ltd will attempt to release critical bug fixes with the minimum of other changes to provide confidence of stability, however, sometimes this may not be possible if there are many outstanding issues that require release.

13. Limit on support incidents

Under this agreement the customer is entitled to up to fifteen (15) support incidents per calendar year. One incident is defined as an atomic support request. Therefore, if one request for support contains a number of separate issues, each one will count as a support incident.

14. Response

JGraph Ltds' acknowledgements of any error reports will contain either a resolution of the error or a support plan describing the steps being taken by JGraph Ltd, and any steps to be taken by you, to correct the error. If JGraph Ltd requests further information about an error, any delay caused by the customer returning that information will not count towards the resolution time attributed to JGraph Ltd. Information requested by JGraph Ltd may include, by way of example and not limitation, manuals related to your hardware, network, or third party software; examples of software output; or configuration information.

15. Additional services

Specific training, on-site support and general application development work are services that do not fall under the remit of this maintenance contract. Please contact JGraph Ltd if you wish to discuss the provision of these services.

16. Customer Obligations

  • (a) Report problems using the specified technical support email address, or otherwise indicated support channel;
  • (b) Promptly and as fully as reasonably practicable respond to all communications of JGraph relating to the Software and not delay or hinder JGraph in the debugging of the Software;
  • (c) supply to JGraph such information as JGraph may reasonably require in order to supply the Software including documented examples of Errors if requested;
  • (d) Ensure that the Software is used in a proper manner by competent trained employees only. These employee should make reasonable effort to understand the product, at least to read the User Manual supplied before attempting to develop using the software;
  • (e) Co-operate fully with JGraph's personnel in the diagnosis of any Error in the Software Release used.

17. Problems not covered

JGraph Ltd will have no obligation to attempt to correct reported errors or other problems that:

  • (a) Cannot be reproduced or verified;
    • (i) The problem must be possible to reproduce by the JGraph support engineers. The customer must provide any reasonable assistance in order for JGraph to recreate the issue.
    • (ii)If the complexity of the problem is such that JGraph must debug the application in order to resolve the issue, the customer must provide the means to do so. JGraph provide suitable NDAs upon request in order to protect the software of the customer. Remote debugging of the software is not acceptable if the latency of the connection exceeds 0.2 seconds or the customer does not make it possible for the JGraph support engineer to step through all of the source code of all JGraph software used.
  • (b) Attempt to use JGraph to create functionality outside the feature set of the JGraph library,
  • (c) Is caused by any alteration to the supplied source code by the customer, not approved by a member of the JGraph support team.
  • (d) Constitutes a breech of the license terms under which the software was supplied.
  • (e) Are caused by the use of the software on non-supported platforms.
  • (f) Are in source code supplied as an example or demo to a customer.
  • (g) In JGraph Ltds' reasonable judgment, should not exist under the circumstances in which the software is being used, taking into account its design specifications; or
  • (h) Result from:
    • (i) misuse of software by you or others;
    • (ii) failure or interruption of electrical power;
    • (iii) obsolescence of software due to changes in your network, hardware, or third party software; or
    • (v) an accident or other cause external to the software, including, but not limited to, problems or malfunctions related to your network, hardware, or third party software.

JGraph Ltd cannot guarantee that all errors will be corrected. These terms and conditions do not modify any warranty, warranty disclaimers, or limitations on liability set forth in any agreement between you and JGraph Ltd. JGraph Ltd will have no obligation to implement your requests for changes or enhancements.



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