Terms and Conditions

 

BY PURCHASING SINGLE INCIDENT SUPPORT YOU AGREE THAT THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN THE DELIVERY OF SINGLE INCIDENT SUPPORT HEREUNDER. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT CONTACT CADDIE TO REQUEST SINGLE INCIDENT SUPPORT. THESE TERMS AND CONDITIONS BECOME BINDING AND EFFECTIVE AS TO EACH INCIDENT INSTANCE AS OF THE PURCHASE DATE.
1. Definitions
1.1 Software refers to Caddie computer program that is eligible to receive Single Incident Support as further provided on the Caddie Support Website.
1.2 Hotfix refers to a fix or patch which, when installed, restores Software to substantial conformance with its User Documentation.
1.3 Incident refers to any problem, issue or other condition arising out of a single source that causes, or may cause, interruption of the operation or impairment of the performance of a single Eligible Software.
1.4 Incident Instance refers to Your right to receive Single Incident Support for a single Incident.  
1.5 Single Incident Support refers to support services with respect to Software that Caddie provides pursuant to these Terms and Conditions.
1.6 Caddie Support Website refers to the Caddiesoftware.com website, including any successor or linked site, on which these Terms and Conditions are located or linked.
1.7 Resolution refers to the completion of tasks to address a Support Request. Resolution may include installation of a Patch, Workaround or provision of information that helps alleviate the adverse effects of an Incident on the operation of Software or, if none of the foregoing are commercially viable, a determination that no solution to the Incident will be provided. An Incident for which a Resolution is provided is referred to as “Resolved”.
1.8 Support Request refers to Your request for Single Incident Support to help find a Resolution for an Incident.

1.9 User Documentation refers to the explanatory printed or electronic materials that Caddie or its resellers incorporates in or delivers in or on a package with the Software or sends to You on an invoice, via email, facsimile, or otherwise when or after You acquire or install Software, including, but not limited to, instructions on how to use or install the Software, and/or technical specifications.
1.10 Workaround refers to a process that alleviates or minimizes the adverse effects of an Incident on the operation of Software, but may not entirely restore Software to substantial conformance with its User Documentation.
1.11 You refers to you personally (i.e., the individual who reads and accepts these Terms and Conditions), if the Software was acquired for personal use, or the company or other legal entity which has licensed the Software and on whose behalf the individual submitting a Support Request is authorized to submit the Support Request.

 

2.  Limitations of Delivery of Single Incident Support

2.1 Incidents. Caddie will make all reasonable efforts to provide a Resolution for each Incident reported in a Support Request and covered by an Incident Instance, but does not guarantee that Incidents will be Resolved. Caddie, in its reasonable discretion, will determine what constitutes an Incident and if the Incident is Resolved.

2.2 Response Times.   Caddie will make all reasonable efforts to respond to a Support Request within a reasonable time, during the specified Hours of Availability, but does not guarantee that a response will be provided within any specific time period. 

 

3.  Fees and Services.

You may purchase Incident Instances by paying the fees specified on the Caddie Support Website.  Upon completion of Your Incident Instance purchase and registration, upon your submission of a Support Request, Caddie will provide Per-Incident Support on Eligible Products in accordance with these Terms and Conditions.  Caddie reserves the right to amend these Terms and Conditions at any time. In the event of any inconsistencies between the Terms and Conditions and any other information pertaining to Single Incident Support, the terms of these Terms and Conditions will govern.

 

4.  Exclusions. 

4.1 Caddie will not provide Single Incident Support relating to the following:

(a) the use of the Software in a manner for which the Software is not intended to be used;

(b) third-party add-ons or developments and their effects on or interactions with the Software;

(c) damage to the computer on which the Software is installed;

(d) use of a computer system or subsystem, such as a graphics card, that is incompatible with theSoftware; and

(e) issues relating to Internet, email, file management, network configuration,or other issues not within the scope of the Single Incident Support described in Section 1.5, above.

 

4.2 Caddie reserves the right to decline providing Single Incident Support relating to the following:

(a) issues that could be resolved by upgrading to a later version of the Software.

 

5.  Your Responsibilities. 

To receive Single Incident Support, You must follow the instructions of the Caddie Support Website. You are responsible for all fees in establishing and maintaining email and telephone communications with Caddie. You must cooperate with Caddie when seeking Single Incident Support by providing all information necessary to assist Caddie diagnose the cause of an Incident. You are responsible for any and all restoration or reconstruction of lost or altered files, data, or programs. You will maintain and implement data backup measures. You are solely responsible for any and all security of confidential, protected or sensitive information. You must have a reasonable understanding of the Software for which You seek Single Incident Support and the hardware on which it is installed.

 

7.  Disclaimer of Warranty. 

ALTHOUGH CADDIE DOES NOT GUARANTEE THAT ANY INCIDENT WILL BE RESOLVED, CADDIE WILL MAKE 

REASONABLE EFFORTS TO PERFORM SINGLE INCIDENT SUPPORT IN A PROFESSIONAL MANNER.  TO THE MAXIMUM 

EXTENT PERMITTED BY LAW CADDIE MAKES NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS OF 

ANY KIND CONCERNING ANY SINGLE INCIDENT SUPPORT. CADDIE DOES NOT SPECIFICALLY WARRANT THAT:

(A) SINGLE INCIDENT SUPPORT BY CADDIE WILL ENSURE THAT THE OPERATION OF SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED;

(B) ERRORS, DEFECTS OR SIMILAR FLAWS IN THE SOFTWARE WILL BE CORRECTED BY CADDIE;

(C) ANY RESOLUTION PROPOSED OR PERFORMED BY CADDIE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. 

 

8.  Limitation of Liability.

IN NO EVENT WILL CADDIE BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR 

LOSS OF PROFIT, LOSS OF USE OR LOSS OF DATA HOWEVER CAUSED OR ARISING. THE TOTAL CUMULATIVE 

COLLECTIVE LIABILITY OF CADDIE FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS 

HOWEVER CAUSED OR  ARISING FROM OR IN RELATION TO SINGLE INCIDENT SUPPORT PROVIDED HEREUNDER SHALL 

BE LIMITED TO YOUR DIRECT DAMAGES AND SHALL NOT EXCEED THE FEES PAID BY YOU FOR SINGLE INCIDENT 

SUPPORT FOR THE INCIDENT WITH RESPECT TO WHICH CADDIE'S LIABILTY ARISES.  THESE LIMITATIONS WILL 

APPLY EVEN IF CADDIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT 

THE INCIDENT INSTANCE FEE REFLECTS THIS ALLOCATION OF RISK AND THAT THE LIMITATION SET FORTH IN THIS 

SECTION IS AN ESSENTIAL ELEMENT OF THE ARRANGEMENT BETWEEN THE PARTIES.

 

9.  Incident Instance Term; Cancellation by Caddie.

The effective date for an Incident Instance shall be the date upon which Caddie received your fee payment for that Incident Instance (the “Effective Date”).   Each Incident Instance will continue until the first to occur of

(a) thirty (30) days from the Effective Date for such Incident Instance or

(b) use of such Incident Instance by You.  All Incident Instance purchases are final and under no circumstances will Caddie be required to refund any fees 

paid by You.

 

10. Governing Law and Jurisdiction

These terms and conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English and Welsh courts. 

 

11. Severance

If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

 

12. Third Party Rights

A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.