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SUPPORT.HLP
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1992-11-01
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MAINTENANCE AND PRIORITY SUPPORT PROGRAM Page 11.0.1
==============================================================
The Maintenance and Priority Support Program assures that
customers gain the maximum utility of their CMS-GOLD
products. The major features of the maintenance services
provided are as follows:
Upgrades to New Releases:
To provide you with enhancements which we have introduced
into the products Mills & Associates typically issues one
major upgrade in the Maintenance Program. The cost of
the annual maintenance charge is often realized in the
value of the enhancements provided alone. For example,
in the past we have included new features such as
Special Interest Groups, Unlimited Date Processing and a
more improved processing speed in new releases. For the
upgrades we only charge a nominal fee for each upgrade.
Fixes to Reported Problems:
Mills & Associates, Inc., is committed to supporting our
customers. Wherever possible, Mills & Associates will
help you find solutions to your problems and ensure that
you get timely fixes to discrepancies in our software.
We have several mechanisms we can use to solve your
reported problems.
(1) workarounds
(2) update disks
(3) immediate correction disks
(4) component replacements
(5) patches.
The first process we will go through is to help you find
a workaround for your problem. This is usually the
fastest way we can get you going again and your CMS-GOLD
support representative will use his/her specialist
knowledge of the product to assist you in finding a
solution. If no workaround can be found then we have
various mechanisms for getting fixes to you. One such
mechanism is an update release. An update disk(s) is a
cumulative set of discrepancy corrections which has had
the benefit of a controlled field test to insure its
stability.
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MAINTENANCE AND PRIORITY SUPPORT PROGRAM Page 11.0.1
MAINTENANCE AND PRIORITY SUPPORT PROGRAM (c) Page 11.0.2
==============================================================
Another similar mechanism is an Immediate Correction
Disk(s). This contains the same type of discrepancy
corrections as an Update Disk(s), but is make
available to select customers prior to the update disk
release for field testing. Customers use of the
Immediate Correction Disk(s) constitutes the field tests,
thus an Immediate Correction Disk(s) eventually becomes
an Update Disk, once it is proven effective and stable.
We may supply either the update disk or Immediate
Correction Disk(s) in the form of a change disk (or
electronic transfer equivalent) which you apply to your
present release. Other mechanisms for getting fixes to
you are component replacements and patches. Component
replacements are a mechanism whereby we can fix problems
in a very short time scale by giving you the relevant
software from our development stream. Necessarily,
component replacements involve some risk since such
software will not have gone through complete testing and
may be unstable in certain areas. Finally patches are
small logic changes applied with a debugger to the
software you already have. These are usually short and
when available they can be given to you over the
telephone.
Priority Support Access:
Customers who purchase maintenance for their products
purchased from Mills & Associates will have their
contacts with Product Support handled on a first priority
basis. Additionally, those customers who do not opt for
maintenance will have their contact to Product Support
limited to Fax, Mail, or Electronic Mail (via
CompuServe). No direct incoming phone contact will be
available. In order to respond to the queries submitted
by non-maintenance customers, the Product Support Staff
will use fax, mail, electronic mail, and phone contact as
appropriate for each situation.
Facts on Fax Service:
==============================================================
MAINTENANCE AND PRIORITY SUPPORT PROGRAM Page 11.0.2
MAINTENANCE AND PRIORITY SUPPORT PROGRAM Page 11.0.3
==============================================================
Customers purchasing maintenance for their Mills &
Associates products will be enrolled for our Facts on Fax
Service. This service provides bi-monthly newsletters,
delivered by fax transmission, that include technical
bulletins, product update information, hints on the use
of Mills & Associates, Inc., products, new product
announcements, and other information aimed at keeping you
informed about the products that you have purchased.
Assigned Product Support Analyst:
You will have a product Support Analyst assigned to you.
He/she is available to you on the telephone and is
responsible for looking after your interest with Mills &
Associates. Your Analyst will be your main point of
contact with Mills & Associates and will provide you a
continuity of support service. Your Analyst..
...is a software specialist. Our Analysts have many years
experience on a variety of our products. Typically our
support people have maintained actual CMS software in a
working environment.
...is able to give advice on PC's and PC operating
environments.
Normally you will telephone your problems to your
Analysts, although other methods, such as mail, fax, and
electronic are acceptable and available.
Note however that we do not have unlimited capacity and
if your usage of the service is excessive we reserve the
right to limit your use or to charge you for your
additional usage beyond the norm.
Mills & Associates, Inc., may be able to offer
consulting services on various aspects of your needs.
==============================================================
MAINTENANCE AND PRIORITY SUPPORT PROGRAM Page 11.0.3
MAINTENANCE AND PRIORITY SUPPORT PROGRAM Page 11.0.4
==============================================================
Addresses and Telephone Number:
Main Office:
Mills & Associates, Inc.
P. O. Box 1756
Mount Airy, N.C. 27030-1756
Telephone : (919) 786-1236
Fax Number: (919) 786-1550
Questions and answers concerning the Maintenance Program
1. How do I enroll in the Maintenance Program?
If you have just purchased one of our products then:
- Read the Terms and Conditions of the
Maintenance Program which comes with the
product, or as attached.
- Fill out and sign the Maintenance Program
Registration Form to indicate your
acceptance of the Terms and Conditions.
- Send the completed and signed Maintenance
Program Registration Form with your
completed User Registration Card and a
copy of your invoice for the product to:
Mills & Associates, Inc.
P. O. Box 1756
Mount Airy, N.C. 27030-1756
- Mills & Associates will invoice you for
the Maintenance Program upon receipt of
your Registration Form.
==============================================================
MAINTENANCE AND PRIORITY SUPPORT PROGRAM Page 11.0.4
MAINTENANCE AND PRIORITY SUPPORT PROGRAM Page 11.0.5
==============================================================
2. How do I renew my participation in the Maintenance
Program?
If your Maintenance Program is about to expire,
then:
- Forty-five days prior to the expiration
date Mills & Associates will invoice you
for the next year's Maintenance Program.
To register for the next year of
maintenance, simply pay the invoice and
you will continue to receive the
services described above. If your
purchasing procedures require a
variation of this method of renewal,
please contact our office in advance of
the renewal date.
- If you have purchased your CMS-GOLD and
other covered products more than 12
months ago and you have not already
renewed your maintenance, then:
- You must purchase an upgrade to the
current version of the product (if you
do not already have it). Then fill out
the Maintenance Program Registration Form
and return it as per the above
instructions. You will receive an
invoice for the appropriate amount,
and upon payment, you will start to
receive the services described above. If
you are unsure whether you have the
current version, please contact our
office.
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MAINTENANCE AND PRIORITY SUPPORT PROGRAM Page 11.0.5
MAINTENANCE AND PRIORITY SUPPORT PROGRAM Page 11.0.6
==============================================================
3. What are my responsibilities?
- You agree to report suspected
discrepancies through your Analyst.
- You agree where reasonable to assist
Mills & Associates' efforts to find
corrections to discrepancies reported by
you.
- Your agree to use best efforts to install
and use the newest release of the
Maintained Software sent to you by Mills
& Associates within 30 days from receipt.
- In all contacts with Mills & Associates,
you agree to provide the Registration
Number and the name, revision number of
the Maintained Software product.
4. What support is available if I don't register for
maintenance?
- Fax, Mail or E-Mail access to product
support staff.
- As a purchaser of a product you will
not have direct telephone access to a
product Analyst to get assistance with
product discrepancies if you do not
register for the Maintenance Program.
You will be able to make contact with
the Support Group via fax, mail or
electronic mail. Additionally, your
question or reported problem will be
addressed at a lower priority than if
you had purchased maintenance, although
it will be addressed, the length of time
will depend on current high priority
activities. We will help you look for a
workaround for your problem. If we
cannot find a workaround then we will
type to get a fix to you by one of the
mechanisms available to us to fix
priority one discrepancies.
==============================================================
MAINTENANCE AND PRIORITY SUPPORT PROGRAM Page 11.0.6
MAINTENANCE AND PRIORITY SUPPORT PROGRAM Page 11.0.7
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- CompuServe
We do review our CompuServe daily.
5. What are the differences between priority 1,priority
2, and priority 3 discrepancies.
- A priority 1 (P1) discrepancy is a
discrepancy in the Maintained Software
which causes substantial down-time of the
system, or which causes data corruption,
or which otherwise renders the Maintained
Software unusable. Discrepancies given
this priority have no viable workaround
or avoidance procedure.
- A priority 2 (P2) discrepancy is a
significant discrepancy in the Maintained
Software which may result in convenience
to users of the Maintained Software, but
for which a workaround or avoidance
procedure is available.
- A priority 3 (P3) discrepancy is a
discrepancy in the Maintained Software
which can easily be avoided or detoured.
For example, errors in the documentation
receive this priority.
- This Description is subject to the Terms
and Conditions of the Mills & Associates
Product Maintenance Program. Both are
subject to change.
==============================================================
MAINTENANCE AND PRIORITY SUPPORT PROGRAM Page 11.0.7
MAINTENANCE AND PRIORITY SUPPORT
TERMS AND CONDITIONS Page 12.0.1
==============================================================
1. ADDRESS AND COMMUNICATIONS :
MILLS & ASSOCIATES, INC.
P. O. BOX 1756
MOUNT AIRY, N.C. 27030
TELEPHONE : (919) 786-1236
FAX NUMBER: (919) 786-1550
2. DEFINITIONS:
A. "Maintained Software" means the registered copy of the
Mills & Associates product licensed to you and designated
by you on the Software Registration Form. If the
licensee of the Maintained Software is a corporation or
other entity, the "you" as used in this Agreement refers
to that corporation or entity.
B. "Support Contact" means the person authorized by you on
the Maintenance Registration Form to communicate with
Mills & Associates to request and receive the Maintenance
Services. The Support Contact may be you, your employee,
or an agent or consultant of your company or organization
who provides services directly to you as the Licensee of
the Maintained Software. The Support Contact should be
knowledgeable about how the Maintained Software is being
used and about the computer/operating system on which
Maintained Software is executed.
C. "Discrepancy" means a defect in the distribution media or
a material difference between the operation of the
Maintained Software and the description of the operation
of the Maintained Software as provided in current end-
user documentation provided for the Maintained Software
by Mills & Associates.
D. "Correction" means replacement distributions media or
corrective code or documentation which rectifies a
Discrepancy as described above. Mills & Associates may,
at its discretion, modify the end-user documentation to
(1) remove inaccuracies in the documentation, or (2)
describe changes, modifications or improvements made to
the Maintained Software. "Correction" includes, but is
not limited to, workarounds, support releases, update
==============================================================
MAINTENANCE AND PRIORITY SUPPORT PROGRAM
TERMS AND CONDITIONS Page 12.0.1
MAINTENANCE AND PRIORITY SUPPORT
TERMS AND CONDITIONS (continued) Page 12.0.2
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disks, immediate correction disks, component replacements
and patches.
E. "Priority 1 Discrepancy" means a Discrepancy in the
Maintained Software which causes substantial downtime of
the system, or which causes data corruption, or which
otherwise renders the Maintained Software unusable.
Discrepancies given this priority have no viable
workaround or avoidance procedure.
F. "Priority 2 Discrepancy" means a significant Discrepancy
in the Maintained Software which results in inconvenience
to users of the Maintained Software, but for which a
workaround or avoidance procedure is available.
G. "Priority 3 Discrepancy" means a Discrepancy in the
Maintained Software which can easily be avoided or
detoured. For example errors in the documentation
receive this priority.
H. "Agreement" means these Terms and Conditions of Mills &
Associates, Inc., Products.
3. Applicability of Mills & Associates Software License
Agreement.
This Agreement and all software, documentation and media
provided under it is subject to all terms and conditions
of the Mills & Associates, Inc., License Agreement which
exists between you and Mills & Associates, including the
Disclaimer of Warranty and Limitation of Liability.
4. Upgrades to New Releases.
Mills & Associates, Inc., intends once per calendar year
to prepare a major upgrade release of the Maintained
Software which will contain a new set of software and may
contain replacements for all or some of the existing
documentation set, but cannot promise to do so. If
prepared, this major upgrade release will be sent to you
under this Agreement with your appropriate discount.
==============================================================
MAINTENANCE AND PRIORITY SUPPORT PROGRAM
TERMS AND CONDITIONS Page 12.0.2
MAINTENANCE AND PRIORITY SUPPORT
TERMS AND CONDITIONS (continued) Page 12.0.3
==============================================================
5. Fixes to Reported Discrepancies
In response to a confirmed Discrepancy in the Maintained
Software, Mills & Associates shall use reasonable
efforts to provide on an as-needed basis at its
discretion a Correction in the form of a workaround,
support release, update disk, immediate correction disk,
or electronic transfer equivalent, component replacement
disk(s), patch, major upgrade release, or other suitable
form, but Mills & Associates cannot guarantee to do so.
Mills & Associates reserves the right to discontinue
Maintenance Services without notice on a past workaround,
support release, update disk or immediate correction
disk, or electronic transfer equivalent, component
replacement, patch or other form of Correction after a
subsequent major upgrade release, to discontinue
Maintenance Services without notice on a past workaround,
support release, update disk or immediate correction
disk, or electronic transfer equivalent, component
replacement, patch or other form of Correction after a
subsequent major upgrade release, support release, or
update disk or electronic transfer equivalent containing
a Correction of the Discrepancy is available.
6. Software Not Covered by this Agreement.
A. Altered or modified Maintained Software.
B. Any combination of Maintained Software and other software
no covered by this Agreement.
C. A release of Maintained Software for which Maintenance
Services have been discontinued.
D. Discrepancies caused by your negligence or fault, or
hardware malfunction.
E. Discrepancies that do not significantly impair or affect
the operation of the Maintained Software.
F. Maintained Software used on a computer or operating
system other than that specified by you and accepted by
Mills & Associates on the Maintenance Registration Form.
==============================================================
MAINTENANCE AND PRIORITY SUPPORT PROGRAM
TERMS AND CONDITIONS Page 12.0.3
MAINTENANCE AND PRIORITY SUPPORT
TERMS AND CONDITIONS (continued) Page 12.0.4
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8. Your Responsibilities.
A. You agree to report all suspected Discrepancies through
your Support Analyst at Mills & Associates.
B. You agree to use reasonable efforts to assist Mills &
Associates' efforts to find Corrections to confirmed
Discrepancies reported by you.
C. You agree to install and use the newest release or change
disk for the Maintained Software sent to you by Mills &
Associates with 30 days of receipt.
D. In all contacts with Mills & Associates Support, you
agree to provide the Registration Number given to you by
Mills & Associates, along with your name and the name,
and the revision number.
9. Additional Services and Charges.
A. Mills & Associates may offer additional services such as
training and consulting under separate agreements. Such
services can be performed at a site and time mutually
agreeable.
B. These services are normally charged on a time and
material basis plus expenses and are subject to
availability.
C. Mills & Associates, upon prior notice, reserves the right
to charge for unusual or excessive support person time or
telephone expenses in connection with the Maintenance
Services provided under this Agreement. Reasonable
shipping, handling media and user documentation charges
in connection with the provision of upgrades and services
shall be payable by you.
10. Payment
A. The annual Maintenance Fee must be paid in advance. The
Maintenance Fee is as determined in the Mills &
Associates price list as of the date of invoice.
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MAINTENANCE AND PRIORITY SUPPORT PROGRAM
TERMS AND CONDITIONS Page 12.0.4
MAINTENANCE AND PRIORITY SUPPORT
TERMS AND CONDITIONS (continued) Page 12.0.5
==============================================================
11. Term and Termination
A. This Agreement will be effective and services provided
hereunder will commence as of the completion of Mills &
Associates' (1) acceptance of payment of the appropriate
Maintenance Fee or initial product purchase price, if
applicable; (2) registration of this Agreement on receipt
of the Maintenance Registration Form you have submitted;
and (3) ascertaining proof of proper license of the
Software designated on the Maintenance Registration Form.
The services provided hereunder will cease on the last
day of the Maintenance Period which is one year from the
commencement of services under this Agreement. The
Maintenance Period commences as determined in the Mills &
Associates date of product purchase, maintenance renewal
or maintenance commencement, as appropriate. Mills &
Associates may change the Maintenance Fee without notice
which fee shall become effective upon renewal of this
Agreement.
B. This Agreement will remain in effect unless terminated
upon fifteen (15) days written notice by either party by
reason of any violation of the terms and conditions of
this Agreement.
C. Forty-five (45) days prior to the termination of the
Maintenance Period, Mills & Associates will invoice you
for the next years renewal of the Maintenance Program.
To register for a further year of maintenance under this
Agreement, simply pay the invoice and you will continue
to receive maintenance services.
D. If you allow your maintenance to expire (stop), you must
purchase an upgrade to the current version of the product
(if you do not already have it) in order to register
for maintenance. You must then fill out a Maintenance
Program Registration Form and return it to:
MILLS & ASSOCIATES, INC.
P. O. BOX 1756
MOUNT AIRY, N.C. 27030-1756
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MAINTENANCE AND PRIORITY SUPPORT PROGRAM
TERMS AND CONDITIONS Page 12.0.5
MAINTENANCE AND PRIORITY SUPPORT
TERMS AND CONDITIONS (continued) Page 12.0.6
==============================================================
E. You will then receive an invoice for the appropriate
amount. Simply pay the invoice and your maintenance will
be renewed. If you do not have a Maintenance Program
Registration Form then call and one will be sent to you.
Mills & Associates reserves the right to withdraw
maintenance services on any or all Maintained Software
or other products, and to alter the prices, terms,
and conditions of the Maintenance Program, in advance of
any maintenance renewal. Any such withdrawal or
alterations will amend the Maintenance Program between
you and Mills & Associates as of your next renewal data.
12. Miscellaneous.
A. You may not assign this Agreement to a third party with
prior written consent of Mills & Associates. This
Agreement and the Mills & Associates End User Software
License Agreement Registration Form) shall be the only
Agreements between Mills & Associates and you with
respect to the Maintained Software. They cannot be
modified except in writing and with the approval of both
parties. These Agreements supersede all prior
agreements, oral or written, relating to the Maintained
Software. The Laws of North Carolina shall govern the
validity of these Agreements, the construction of their
terms and the interpretation of the rights and duties of
the parties.
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MAINTENANCE AND PRIORITY SUPPORT PROGRAM
TERMS AND CONDITIONS Page 12.0.6
