MetriQ® offers Annual Support and Maintenance services to our customers, under MetriQ's Annual Support and Maintenance Agreement. The services provided and the policies under which the services are rendered are described in this document. These policies are not a contract and MetriQ may elect to change its Support and Maintenance Agreement at anytime and without notice.

1. Maintenance Services. MetriQ provides maintenance services to Licensees of its Software (“Customer”), which is licensed under the Metriq authorized Software License.
2. Fees. Customers may subscribe to the support and maintenance agreement by paying the annual maintenance fee. The maintenance fee for each successive one-year term shall be due and payable no later than the last day of the then current term. Customer may be required to pay an additional fee if maintenance services lapse and are subsequently resumed. Customers purchasing additional software or modules during the current term of their maintenance agreement may be required to pay additional maintenance fees for the additional software or modules.
3. Term. Maintenance agreements for new software typically have a one year term (however multi-year agreements are available on most products), beginning on the date the software is shipped. The term of a maintenance renewal will be included on the renewal notice. MetriQ or your local reseller will endeavor to send a renewal notice prior to expiration of your current maintenance agreement. Maintenance agreements will automatically terminate: (i) upon termination of the Software License Agreement; and (ii) in the event that Customer fails to pay the then current Maintenance Fee when due. The Current version is the supported versions of a Product.
4. Support and Maintenance Services. The Support and Maintenance Services shall include the following support:
   
   
1. Telephone and Email Support. MetriQ will provide telephone and email support during MetriQ's normal business hours, from 8:30 a.m. through 5:30 p.m., Monday through Friday, New Zealand Time UTC(+12), excluding MetriQ holidays. Such support will include the opportunity to consult with a member of MetriQ's technical support staff who will assist the Customer with the Software capabilities, functionality and characteristics as described in the Software Specifications and provide basic problem resolution assistance as required. This assistance does not cover training or consulting services. Technical Support contact information: By Email
   or by Phone: +64 9 5850088 and Fax: +64 9 5850088
   
2. Software Releases. MetriQ will make available to Customer such point releases, updates, upgrades, Service Packs (minor patch releases resolving critical bugs) and/or enhancements to the Software which MetriQ makes generally available to its Maintenance Customers at no additional charge when available. Customer shall be responsible for the installation and/or upgrade of the software. In the event that the Customer requests or necessitates more than one hour of Technical Support for the installation or upgrade of the software or applying a Service Pack, the Customer will be billed for such Services at MetriQ's standard rates then in effect. In the event that MetriQ's Professional Services are required, the Customer will be billed for such Services at MetriQ's standard rates then in effect. As MetriQ makes available software releases, MetriQ reserves the right, at its sole discretion, to discontinue or modify the terms and conditions of support for non-current releases and versions.
3. Excluded Services. Excluded from the coverage of this Agreement are services resulting from misuse or modification of the Software by Customer, failure or interruption of any electrical power, or any accident or other cause external to the Software, including, but not limited to problems or malfunctions related to Customer's network, database, third party software products, and/or workstation configurations or Customer's hardware. Such excluded services, and additional consulting services such as training, setup and technical integration may be contracted for separately at MetriQ's then current labor rates, subject to MetriQ's agreement.
4. Customer's Responsibilities. Customer is responsible for (i) notifying MetriQ of all problems for which Customer requires assistance, and (ii) allowing, if necessary, access to the Software, and (iii) the assistance of a qualified Customer representative, so that MetriQ can perform Maintenance Services hereunder.
5. Support Knowledge base. Customer will have 24/7 access to the MetriQ's Support Knowledge base.
6. Incidents.
   
   1. The following indicates the number of technical support incidents provided under an annual maintenance agreement:
      
      

      Product	Number of Incidents Provided
      MetriQ Professional	Unlimited

      
      
      
   2. Incident Notes:
      • When a Maintenance Contract expires, any unused incidents are lost and not rolled over.
      • Prior to expiration of a current Maintenance Agreement, customers may purchase additional incidents in increments of three.
      • Each incident is logged and receives a unique identifier ("case number").
      • An "incident" is one event (problem/issue/question). The event must be defined as a problem with the software whether it involves installation, configuration or use. Additionally, any assistance in understanding how the products work or how to use them is considered an incident. Resolving/addressing this event/problem/issue can take a few minutes or a few days, regardless, it is counted as one "incident". There is no time limitation defined for an “incident,” except for installation support (see below).
      • Examples of items that are not considered incidents:
        
        • Request for documentation
        • Lost passwords or serial numbers
        • Request for a product feature
        • Complaint regarding a process, feature, product, etc.
        • An issue that resulted due to a bug within the software.
          
          
5. Support for Installation and Upgrade of Products. Technical Support will provide a maximum of one (1) hour of support, during installation or upgrade of a product. Customers who require more extensive assistance with their installations may purchase one of our pre-packaged "Jumpstart" service engagements. Jumpstarts are provided by an experienced member of the MetriQ's Professional Services Group who will handle all aspects of your installation for you either remotely or on site. More comprehensive Jumpstart packages also include support for converting your databases, configuring your application software or providing specialized customizations. Contact your MetriQ Account Representative or the MetriQ Customer Service Center at +64 9 5850088
   
   For products that have a limited number of Technical Support incidents, installation support (as described above) will count as 1 incident.
   
   
6. Limited Warranty. METRIQ WARRANTS THAT THE MAINTENANCE SERVICES WILL BE PERFORMED IN A WORKMANLIKE MANNER IN ACCORDANCE WITH INDUSTRY STANDARDS. METRIQ MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUBJECT MATTER OF THIS SUPPORT AND MAINTENANCE CONTRACT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY OF ANY KIND RESPECTING ANY MAINTENANCE SERVICES PERFORMED HEREUNDER OR ANY MATERIALS FURNISHED HEREUNDER.
   
7. Limitation of Liability. THE CUMULATIVE LIABILITY OF METRIQ TO CUSTOMER FOR ALL CLAIMS ARISING UNDER OR RELATED TO THIS SUPPORT AND MAINTENANCE CONTRACT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE MAINTENANCE FEES PAID TO METRIQ WITHIN THE PRIOR YEAR. IN NO EVENT WILL METRIQ BE LIABLE TO CUSTOMER FOR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF METRIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.