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Castelle's FaxPress Enterprise Redundant Support Services Terms and Conditions
Definitions
1.
"Advance Swap" means equivalent functional Component or Device, shipped to a customer, to replace any defective
Component or Device, before the customer returns the defective Component or Device to Castelle.
"Component" means major replaceable components or hardware provided as part of the Product, including but not limited
to, hard drive, power supply, modem or other communications board.
"Current Release" means the most current release of the Software listed on Castelle's published price list.
"Device" means the entire FaxPress Enterprise Redundant hardware unit, excluding software.
"Error" means the failure of the Software to perform substantially in accordance with the Documentation.
"Documentation" means technical manuals and other documentation relating to the use of the Product, which are deliv-
ered with the Product.
"Previous Sequential Release" means the release of Software, which has been replaced by the Current Release.
"Product" means Castelle's FaxPress Enterprise Redundant product, including Software, which is enclosed herewith and
which has been purchased by Customer.
"Product Registration Date" means the date you contact Castelle to register the Product.
"Software" means the Castelle FaxPress Network Software programs and the Microsoft embedded operating system con-
tained in the Product, including all corrections, modifications, enhancements, Upgrades and Updates to such software,
which may be provided to Customer by Castelle.
"Services" or "Support" means in general the services or support provided by Castelle to Customer pursuant to and under
the terms of this Agreement, whether Standard Support or Extended Support as the case may be.
"Upgrades" means one (1) copy of all major revisions and corrections to the printed Documentation and/or the Software
that are made generally available by Castelle to its customers who are entitled to receive Support Services. A major revi-
sion means upgrades from, e.g., 4.X to 5.X.
"Updates" means one (1) copy of minor Software patches that are made generally available by Castelle to its customers
who are entitled to receive Support Services. A minor revision means updates from, e.g., 4.0 to 4.1.
Customer Responsibilities
2.
a.
Customer will provide Castelle reasonable access to all necessary information, Customer personnel to answer
questions about any problems reported by Customer regarding the Product. Customer also agrees to promptly
implement all Updates and Upgrades provided by Castelle.
b.
Customer will ensure that one Extended Support contract is associated only with one registered Product.
c.
Products or Services sold by Castelle are not designed, intended or authorized for use: (i) in critical applications in
which the failure of such Products or Services could reasonably be expected to result in personal injury, loss of life
or catastrophic property damage; or, (ii) where customer uses, or sells Products for use not in conformance with
the manufacturer's published specifications for such Products. If customer uses or sells Products for use in any of
the above applications or environments, customer assumes all risk for any claim or damage arising from each use.
Exclusions
3.
a.
Castelle has no obligation to provide any Support Services relating to problems arising out of: (i) Customer's
failure to implement all Upgrades and Updates provided to Customer; (ii) use of the Software on a CPU other than
the designated CPU for which such Software was designed and licensed for use; (iii) neglect, misuse, or accidental
damage of the Product; (iv) modifications, corrections, or workarounds performed by a person not authorized by
Castelle; and (v) the use of the Product with computer hardware, software, supplies or materials not meeting
Castelle's specifications as provided in the Documentation.
Castelle's FaxPress Enterprise Redundant Support Services Terms and Conditions
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