front range solutions support services general faq aug 2010 legal approved

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GLOBAL SUPPORT SERVICES FAQ FrontRange Solutions Global Support Services FAQ – August 2010 Page 1 of 13 FrontRange Solutions Global Support Services FAQ The information contained in this FAQ is offered as a means of providing practical answers and references to FrontRange Solutions customers currently under a Maintenance and Support contract for their FrontRange Solutions Licensed Software. As FrontRange Solutions’ Maintenance and Support offerings and processes are continuously updated this FAQ will be periodically modified. The information contained in this FAQ is not of a contractual nature and does not modify nor supplement the terms of any customer’s End User Maintenance and Support Agreement. For further clarification on the information contained in this document please contact [email protected] . Copyright Copyright © 2010 FrontRange Solutions USA Inc. All Rights Reserved. GoldMine, HEAT, NetInstall, DeviceWall and other FrontRange Solutions products, brands and trademarks are the property of FrontRange Solutions USA Inc. and/or its affiliates in the United States and/or other countries. Other products, brands and trademarks are property of their respective owners/companies. USE OF THE SOFTWARE DESCRIBED IN THIS DOCUMENT AND ITS RELATED USER DOCUMENTATION ARE SUBJECT TO THE TERMS AND CONDITIONS OF THE APPLICABLE END-USER LICENSE AGREEMENT (EULA). The information contained in this document is provided “as is” without warranty of any kind. To the maximum extent permitted by applicable law, FrontRange Solutions disclaims all warranties, either express or implied, including the warranties for merchantability and fitness for a particular purpose; and in no event shall FrontRange Solutions or its suppliers be liable for any damages whatsoever including direct, indirect, incidental, consequential, loss of business profits or special damages, even if advised of the possibility of such damages.

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Page 1: Front range solutions support services general faq aug 2010 legal approved

GLOBAL SUPPORT SERVICES FAQ

FrontRange Solutions Global Support Services FAQ – August 2010 Page 1 of 13

FrontRange Solutions Global Support Services FAQ The information contained in this FAQ is offered as a means of providing practical answers and references to FrontRange Solutions customers currently under a Maintenance and Support contract for their FrontRange Solutions Licensed Software. As FrontRange Solutions’ Maintenance and Support offerings and processes are continuously updated this FAQ will be periodically modified. The information contained in this FAQ is not of a contractual nature and does not modify nor supplement the terms of any customer’s End User Maintenance and Support Agreement. For further clarification on the information contained in this document please contact [email protected]. Copyright Copyright © 2010 FrontRange Solutions USA Inc. All Rights Reserved. GoldMine, HEAT, NetInstall, DeviceWall and other FrontRange Solutions products, brands and trademarks are the property of FrontRange Solutions USA Inc. and/or its affiliates in the United States and/or other countries. Other products, brands and trademarks are property of their respective owners/companies. USE OF THE SOFTWARE DESCRIBED IN THIS DOCUMENT AND ITS RELATED USER DOCUMENTATION ARE SUBJECT TO THE TERMS AND CONDITIONS OF THE APPLICABLE END-USER LICENSE AGREEMENT (EULA). The information contained in this document is provided “as is” without warranty of any kind. To the maximum extent permitted by applicable law, FrontRange Solutions disclaims all warranties, either express or implied, including the warranties for merchantability and fitness for a particular purpose; and in no event shall FrontRange Solutions or its suppliers be liable for any damages whatsoever including direct, indirect, incidental, consequential, loss of business profits or special damages, even if advised of the possibility of such damages.

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GLOBAL SUPPORT SERVICES FAQ

FrontRange Solutions Global Support Services FAQ – August 2010 Page 2 of 13

Frequently Asked Questions Covered What is Technical Support? What types of Technical Support are offered? How do I reach Technical Support? What information should I have ready when I contact Technical Support? How does FrontRange Solutions Support Services prioritize & respond to incidents? I’ve logged an incident with Technical Support - what happens now? Our incident needs additional attention, who do I contact? Our incident has been logged with “development”, what does this mean? Can I make product enhancement suggestions? How do I know when a new product release or patch is available? What is the difference between a version and a patch release? How do I get the latest product release or patch? How do I know if I should apply a release or patch? How do I know if my request should be handled by Support Services or Professional Services (Consulting)? I am experiencing a data loss or corruption; will Technical Support assist me with that? What happens if my Maintenance and Support Agreement has expired and I need Support? How do I get a copy of FrontRange Solutions’ standard Maintenance and Support Agreement?

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GLOBAL SUPPORT SERVICES FAQ

FrontRange Solutions Global Support Services FAQ – August 2010 Page 3 of 13

What is Technical Support? As long as your Maintenance and Support contract is current, you are entitled to support, which consists of Telephone Support at FrontRange Solutions’ published number(s) and/or Self Service Support for the Licensed Software. Both Telephone and Self Service Support are described in detail below. Note: FrontRange Solutions will address support questions and issues submitted to FrontRange Solutions from your internal help desk support staff only. FrontRange Solutions is not able to address issues logged by individual product users who are not members of the help desk support staff. FrontRange Solutions will attempt to answer specific questions; however support is offered to you on a good faith, diligent effort basis only, and FrontRange Solutions may not be able to resolve every request for support. Below is an example of the types of issues support can assist with:

• Error message troubleshooting; assist with identifying the source of errors occurring during normal use of FrontRange Solutions products

• Logging product issues with the FrontRange Solutions development team • Logging product enhancement requests with the FrontRange Solutions development team • Set up of database connections required by FrontRange Solutions products; native and ODBC • Configuration questions that utilize GUI interfaces in FrontRange Solutions products

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GLOBAL SUPPORT SERVICES FAQ

FrontRange Solutions Global Support Services FAQ – August 2010 Page 4 of 13

What types of Technical Support are offered? Telephone and Self Service Telephone Support: This support option provides phone based support for the current and the immediately preceding release of the Licensed Software. Telephone support provides for the most immediate and accurate triage of support issues and is the most efficient method to resolve urgent issues. For a complete list of contact phone numbers please visit the FrontRange Solutions Support Site: http://www.frontrange.com/contact/support.aspx After Hours Telephone Support is available for down systems; a down system is defined as a system where the Licensed Software is inaccessible to all authorized users. After Hours Telephone Support for down systems is available via pager with a 30 minute response time; other incidents will require payment of additional fees. Please use your regular support number to gain access to this service after our published hours.

Self Service Support (For low priority issues): This support option provides 24x7 online access to incident submission, email based support, knowledge base, technical documents, product manuals, drivers, downloads and Customer Support Forums. Response time for incidents submitted via Self Service is generally 48 business hours, excluding weekends and holidays. Self Service should only be used to submit non-critical incidents. If a critical incident is logged via Self Service or submitted through email, we strongly advise that you follow up by phone to ensure that proper priority and triage of the issue is completed in a timely manner. Important Note! If your incident is critical or time sensitive please contact Support by telephone, even if you have submitted the issue through Self Service or email.

How do I reach Technical Support? By Telephone: FrontRange Solutions currently operates six Global Support Centers. For customer convenience, calls are covered by all support centers to provide the highest level of availability and product expertise regardless of the originating region. Regional contact information can be found the FrontRange Solutions Support Site: http://www.frontrange.com/contact/support.aspx Via Self Service: FrontRange Solutions’ Self Service Portal is located at: http://www.frontrange.com/Support/Login.aspx

Your login will be your email address and the default password is 1psswrd8. If you have problems with your login please email [email protected]; include your maintenance contract number (HDA) and full company name.

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GLOBAL SUPPORT SERVICES FAQ

FrontRange Solutions Global Support Services FAQ – August 2010 Page 5 of 13

You may reach Technical Support via email at [email protected] if you need to send screen shots or documents. What information should I have ready when I contact Technical Support? When contacting Technical Support you will need:

• Your Maintenance contract number (HDA) and your organization name • The FrontRange Solutions product name, version and build being used (i.e. ITSM 5.07 Build 235) • Operating System(s) and versions being used including service packs • Database type and versions being used including service packs • Any third party software and versions being used in conjunction with FrontRange Solutions

products; this could include network software, third party add-on technology, etc. • A clear, concise description of the issue being experienced • Details of any action taken and the response received • Steps to reproduce the issue • If submitted electronically please include the contact name and the telephone number where the

contact can be reached and a best time to contact • The priority of your issue (see priority definitions below)

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GLOBAL SUPPORT SERVICES FAQ

FrontRange Solutions Global Support Services FAQ – August 2010 Page 6 of 13

How does FrontRange Solutions Support Services prioritize & respond to incidents? Incidents are assigned a priority level and handled as follows: Impact/Urgency (Priority): (1) Severe Production system unavailable to all users; critical business function not operating and

incident must be resolved immediately (2) High No workarounds; critical functions affected; in a critical period (3) Medium Some workarounds; only some users affected (4) Low Users can access the software and it continues performing business critical functions Customer Support Service Level Expectations (SLE) The below matrix indicates the initial response target when an incident is submitted to our Help Desk.

The initial response is defined as any of the following:

• Providing a suggestion/solution to the Customer to assist in resolving the incident • Requesting additional information that is required before troubleshooting can commence • Advising the Customer that the incident is being escalated to development

PRIORITY 1 2 3 4 RESPONSE TARGET

2 hrs 4 hrs 16 hrs 48 hrs

Important: The initial response is computed based on the time when the incident is entered into our system and not when an email is sent to us. All references are to Business Hours. Please note the most effective and efficient way to communicate P1 & P2 issues is via telephone. All incidents logged via Self Service (including email) are automatically assigned a priority of 4.

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GLOBAL SUPPORT SERVICES FAQ

FrontRange Solutions Global Support Services FAQ – August 2010 Page 7 of 13

I’ve logged an incident with Technical Support - what happens now? If you contacted FrontRange Solutions by Phone: The Support Analyst will troubleshoot the incident with your technical contact and provide them with the incident number for future reference. In the event the Support Analyst is not able to resolve the incident during the first phone call, he or she may request additional information (e.g. system files) and time for testing. Follow up expectations will be set with the technical contact for an agreed upon response time by the support analyst. If you contacted FrontRange Solutions via Self Service or Email: (response time is up to 48 business hours; non-critical issues only): An incident number will be automatically generated via the Self Service system. A Support Analyst will be assigned to the incident and will review the information to determine next steps which will either entail a phone call or email back to your contact regarding status. Our incident needs additional attention - who do I contact? Resolution times vary based on the complexity of the incident. If your incident needs additional attention, you are encouraged to follow the escalation path below to ensure your incident is getting the appropriate focus and attention. Please let the Support Analyst know that you would like to raise the priority of the incident or have the incident reviewed by a Senior Analyst. The escalation path is: Technical Analyst -> Senior Analyst -> Technical Lead -> Service Delivery Manager -> Director -> VP -> Client Relations Manager; please visit our support site and access our Escalation procedure document for further information. The contact information for the Technical Support Leadership Team was included in your welcome letter and can also be located at the end of this document. Please feel free to contact any member of this team with concerns. Our incident has been logged with “development” - what does this mean? This means that the Support team has preliminarily determined that the issue is related to the software itself, and it needs to be reviewed by the FrontRange Solutions Development team. At this stage it will be assigned a Release Management reference number, in addition to the incident number, for your reference.

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GLOBAL SUPPORT SERVICES FAQ

FrontRange Solutions Global Support Services FAQ – August 2010 Page 8 of 13

Can I make product enhancement suggestions? We encourage and welcome customer input on how FrontRange Solutions products can be improved upon. You are welcome to submit product enhancement suggestions as well as report any product issues you encounter through the normal use of our products. Once logged in to our support site, use the Self Service portal to log an incident and make your suggestion(s). How do I know when a new product release or patch is available? Product release notifications are sent out via email to all active contacts on your account. Unfortunately, today’s spam filters sometimes block these important messages. Please insure that FrontRange emails are not filtered out. Patch release notifications are sent out via email as well to the active contact(s) on the incident related to the issue which was resolved by the patch. What is the difference between a product version, release and build? A version is a major release of the product signified by the first digit in the number (e.g. 9). A version will contain new features and updates. A release is usually a maintenance version of a major version, containing bug fixes, occasionally, minor features and updates; indicated by the digits immediately to the right of the point and first number. (e.g. 9.1 - Major Version 9 maintenance release 1) A build denotes the specific id of that release and is usually required (when specified by the product) for Support & Development purposes. How do I get the latest product release or patch? Product releases are posted on our Support Site for download. Once logged in you can locate available product downloads under the Drivers and Downloads Section. http://www.frontrange.com/Support/Login.aspx GoldMine customers may access product releases via the NetUpdate process within the software; under Help>>Update GoldMine How do I know if I should apply a release or patch? Before applying a new release or patch please make sure to read the release notes as there are different upgrade paths and criteria for each release. Patches are released to fix specific product issues. Please do not load a patch unless you have been so directed by a FrontRange Solutions Support Analyst or you have an issue that has been resolved in the particular patch. If you are not sure, please contact Support Services and an analyst will review the situation with you.

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GLOBAL SUPPORT SERVICES FAQ

FrontRange Solutions Global Support Services FAQ – August 2010 Page 9 of 13

How do I know if my request should be handled by Support Services or Professional Services (Consulting)? Support will work diligently to address your issues and answer your questions. However, there may be times Support Services is unable to address a request, or a request may fall outside the scope of Support Services, in which case the Support Analyst will refer you to our Professional Services Organization or to a Certified Solutions Partner for assistance. http://www.frontrange.com/Services/ For example, the situations listed below are not within the scope of your Maintenance and Support agreement and may require the additional engagement of Professional Services consultants or a Certified Solutions Partner.

• Supporting database products, including set-up, alteration and configuration of database products, database connectivity or database software specific errors

• Resolving network, workstation or environmental errors not directly related to the Licensed Software

• Supporting any Licensed Software on or with any software or hardware that is not specifically identified as interoperable with the specific version of the Licensed Software (and specifically excludes any “Beta” or non-certified versions of such products/systems)

• Supporting any Licensed Software customizations (changes to the Licensed Software made outside of the product’s administration interface) Supporting any Licensed Software being used in a manner for which it was not designed

Below is a list of commonly requested services that are also outside the scope of the Maintenance and Support agreement.

• ODBC drivers for any database type or version • ODBC-specific errors not related to our products • Product Training • Data importation or manipulation other than through the use of the tools and utilities included with

our products • Setup, configuration or troubleshooting of third-party products • Recommendations on third party products/vendors for use with any FrontRange Solutions

product • Installation and configuration of Internet Information Services • Environments and configurations not approved per the Compatibility Matrix for your product (a

Compatibility Matrix for each product can be found on our support site under the Support Documentation for the product)

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GLOBAL SUPPORT SERVICES FAQ

FrontRange Solutions Global Support Services FAQ – August 2010 Page 10 of 13

I am experiencing a data loss or corruption; will Technical Support assist me with that? It is your responsibility to have a disaster recovery plan in place and to implement regular and adequate back-ups of your data. FrontRange Solutions Technical Support will not assist with any data loss or corruption issues. What happens if my Maintenance and Support Agreement has terminated and I need Support? FrontRange Solutions values its customers and wants to ensure they get optimum performance out of their product investment.

If the Maintenance and Support Agreement has terminated and Support is needed, reinstatement of the agreement is needed to obtain support. To reinstate, maintenance and support fees must be paid for the lapsed period and a ‘reinstatement fee’ equal to 10% of the maintenance and support fees for the lapsed period. It is also a requirement to pay the applicable fees for the new Maintenance and Support term. Please contact the Maintenance and Support team for more information on reinstatement by emailing [email protected] or contacting your local office. A listing of regional contact numbers is located here for your reference http://www.frontrange.com/contact/support.aspx How do I get a copy of FrontRange Solutions’ standard Maintenance and Support Agreement? You can find our standard End User Maintenance & Support Agreement on the last page of this document. This agreement may vary by physical location. If you would like to request a copy of your specific agreement, please contact the Maintenance Renewal team at the address or phone numbers listed at the following link. http://www.frontrange.com/contact/support.aspx

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GLOBAL SUPPORT SERVICES FAQ

FrontRange Solutions Global Support Services FAQ – August 2010 Page 11 of 13

FrontRange Solutions Global Support Services Welcome Letter & Contact Information

Welcome to FrontRange Solutions Global Support Services! As Vice President of Global Support Services, I would like to personally thank you for choosing to utilize our family of software products for your organization. FrontRange Solutions is proud of our award-winning products, and we want you to be very satisfied with your purchase. We view you as our valued customer, and even more, as a partner who can provide critical feedback to help us continually develop and deliver world-class quality products, enhancements, services and

support. Historically we find that customers who utilize our professional services, such as Consulting and Training are more successful with their product implementations. I’ve included links in this letter to general information & FAQ’s to assist you with navigation on our website. Our Support Services team handles inquiries regarding the software, its features, how it works, trouble-shooting, and Maintenance and Support Agreement reinstatements. Our Professional Services team or your solutions partner can assist you in configuring and managing your business processes in relation to the software you’ve licensed. For more information on FrontRange Solutions Professional Services please visit http://www.frontrange.com/Services Our Educational Services team can help you maximize your software investment while ensuring that all members of your team are prepared to use and support the products you licensed. For more information on FrontRange Solutions Education Services please visit http://frontrange.learn.com Finally, I would like to provide my contact information should you have any questions, concerns, or suggestions on the FrontRange Solutions products you have licensed. As Vice President of FrontRange Solutions Global Support Services my focus is on your success. Please feel welcome to contact me via e-mail at [email protected] or by calling 719.532.7355. Thank you for choosing our family of products. The FrontRange Solutions Services Team and I look forward to serving you for years to come. Sincerely, W.T. “Bill” Auvil, Jr. Vice President of Customer Services

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GLOBAL SUPPORT SERVICES FAQ

FrontRange Solutions Global Support Services FAQ – August 2010 Page 12 of 13

Important Support Services Contact Information

Name Title Email Phone

W.T. Bill Auvil VP Global Support Services [email protected] 719-532-7355

Leslie Leaf Director of Global Operations [email protected] 719-532-7317

Barbie Taylor Sr. Service Delivery Manager GoldMine [email protected] 719-532-7369

Eric Ammermann Service Delivery Manager HEAT, IPCM [email protected] 719-268-4340

Hipólito (Polo) Luis Service Delivery Manager ITSM, GMEE [email protected] 719.278.7175

John M. Harriman Sr. Service Delivery Manager ITAM (Centennial, Enteo ) [email protected] +44.163.551.6801

Ulla Wondra Maintenance Renewal EMEA/APAC [email protected] +49 (711)340190.5022

Elimaris González Maintenance Renewal Americas [email protected] 719-278-7253

Client Relations Client Relations Managers World Wide [email protected]

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FRONTRANGE MAINTENANCE AND SUPPORT (M&S) TERMS & CONDITIONS (March 09)

The following Terms and Conditions (“Agreement”) govern the M&S services offered by FrontRange and ordered and paid for by you (“You” or “Customer”): 1. Maintenance. Maintenance consists of updates, upgrades, bug fixes and new releases or versions of validly Licensed Software at such time as FrontRange makes them available generally to all of its customers. Maintenance may, but does not necessarily include updates, upgrades, bug fixes and new releases or versions of any third-party software included in the Licensed Software. All Maintenance deliveries are subject to the applicable End User License Agreement (“EULA”) for the Licensed Software. 2. Support. (a) Support entitles You to telephone assistance at FrontRange’s published number, and/or assistance via E-mail or other automated processes, with the Licensed Software. Support is currently available on business days Monday through Friday during normal business hours. After-hours support will be charged at FrontRange’s then current rates and costs. FrontRange strives to respond to telephone inquiries within 4 business hours and all other inquiries within 2 business days. Support requests may be handled by any of FrontRange’s offices or employees worldwide. (b) Support will be provided only for those questions and issues forwarded to FrontRange from Customer’s internal help desk support staff, not each individual licensed user. FrontRange will attempt to answer Your specific questions; however Support is offered to You on a good faith, diligent effort basis only, and FrontRange may not be able to resolve every request for Support. Support is provided for ongoing use of the Licensed Software; it is not intended to be a substitute for training or professional services necessary for the implementation or system redesign of the Licensed Software, which are outside the scope of this Agreement. All such and other services, including without limitation on-site assistance, custom programming, database and network administration, and custom designed reports and forms, may be provided pursuant to a separate agreement by FrontRange or Your authorized FrontRange Partner. (c) Support is available for the current and immediately preceding version of the Licensed Software, and for any version released within eighteen (18) months of the date of the Support request, provided that Customer and FrontRange are parties to a current M&S agreement. Support for third party software products bundled with FrontRange Licensed Software is available according to their manufacturer’s support policies. (d) Unless otherwise stated, Support does not include any of the following: (i) supporting database products, including without limits, set-up and alteration and/or configuration of database products, and database or database connectivity software specific errors; (ii) resolving network, workstation or environmental errors not directly related to the Licensed Software; (iii) supporting any Licensed Software working on or with any version of any database, operating system or similar hardware or software product or system that is not specifically identified as interoperable with the specific version of the Licensed Software (and specifically excludes any “Beta” or non-certified versions of such products/systems); (iv) supporting any Licensed Software customizations (changes to the Licensed Software made outside of the product’s administration interface); (v) supporting any Licensed Software being used in a manner for which it was not designed. (e) It is Your responsibility to make and maintain adequate back-ups. In no event will FrontRange be responsible for lost data. 3. Term/Termination. (a) M&S services are offered on an annual basis (each, a “Term”), and will automatically renew at the end of each Term unless either party provides the other party with a written notice of its intent not to renew at least thirty (30) days before the end of the then-applicable Term. If You elect not to renew, M&S may later be reinstated through payment of the fees described under “Fees.” (b) This Agreement will automatically terminate as to each Licensed Software upon termination of the EULA corresponding to such Licensed Software. You may also terminate this Agreement for convenience at any time but You will not be entitled to a refund of any paid Fees in such event. (c) If a FrontRange breach remains uncured more than one month after FrontRange receives written notice from You of such breach, You may terminate this Agreement for breach and receive a pro-rata refund of the

M&S fees paid to FrontRange. Any such refund shall be Your exclusive remedy, and FrontRange’s sole liability, for FrontRange’s breach of this Agreement. 4. Fees. You will be invoiced prior to any initial or renewal Term and You agree to make payments to FrontRange no later than thirty (30) days from invoice. FrontRange’s obligations hereunder are subject to Your timely payment, and if FrontRange does not receive timely payment for products or services provided by FrontRange to You, FrontRange may immediately terminate or suspend this Agreement. Unless FrontRange otherwise instructs, You will directly pay FrontRange for M&S renewals. If Your M&S terminates, and You later reinstate M&S services, You will be charged a reinstatement fee. You are responsible for any and all federal, state, dominion, provincial or local sales, use, personal property, excise, or other taxes, fees or duties related to this Agreement (other than taxes based on FrontRange’s net income). 5. Warranty. FrontRange warrants that the M&S services provided to Customer under this Agreement shall be performed with due care, and in a professional and workmanlike manner. FrontRange does not otherwise warrant the accuracy or completeness of any services provided pursuant to this Agreement. FRONTRANGE DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE IN CONNECTION WITH THE SUBJECT OF THIS AGREEMENT. 6. Limitation of Liability. IN NO EVENT, UNDER ANY THEORY OF LAW SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF A PARTY IS ADVISED OF THE POSSIBILITY THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW FRONTRANGE’S LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE PREPAID AND UNUSED PORTION OF YOUR M&S FEES PAID TO FRONTRANGE. FRONTRANGE SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR ANY SERVICES PROVIDED BY ANY PARTNER OR ANY OTHER THIRD PARTY. 7. Severability. If any provision of this Agreement is unenforceable or invalid, such provision(s) shall be amended to achieve as nearly as possible the same economic effect as the original provision(s) and the remainder of the Agreement shall remain in full force and effect. 8. Miscellaneous. This Agreement constitutes the entire agreement between You and FrontRange relating to M&S services (and any subsequent orders of M&S services for additional License Limits or new FrontRange products which will increase Your M&S fees), and any additions to, or modifications of, this Agreement will be binding upon the parties only if in a writing duly executed by You and an authorized officer of FrontRange. THE TERMS AND CONDITIONS OF ANY CUSTOMER PURCHASE ORDER ARE ONLY BINDING ON FRONTRANGE IF THEY ARE AGREED TO IN WRITING BY AN AUTHORIZED FRONTRANGE OFFICER AND IN A DOCUMENT OTHER THAN THE PURCHASE ORDER FORM. Unless otherwise agreed to by FrontRange You will not be able to purchase additional licenses of the Licensed Software if You are not current on M&S. You may renew M&S on one group of dependent FrontRange product(s) without renewing M&S on another group of FrontRange products(s) that are determined to be distinct and separate from the first group, provided that the determination whether products(s) are distinct and separate is at FrontRange’s sole discretion. You may assign this Agreement only in connection with a proper and valid assignment of the corresponding EULA to the extent permitted thereunder, provided that You give written notice of such assignment to FrontRange. FrontRange may freely assign this Agreement to a purchaser of that portion of FrontRange’s business to which this Agreement relates, to the surviving corporation in the event of a merger, and to any affiliate or third-party whom FrontRange authorizes to provide M&S for the Licensed Software of the nature contemplated hereby. If You ordered or are provided the M&S services through a Reseller, You agree that (i) this Agreement constitutes the entire agreement between You and FrontRange regarding the M&S services (and the terms and conditions of any purchase order or any other agreement between You and the Reseller are not binding on FrontRange); and (ii) the Reseller is not FrontRange’s agent and is not authorized to alter, amend or modify the terms of this Agreement. The waiver or failure of either party to exercise in any respect any right provided for in this Agreement will not be deemed a waiver of any further or future right under this Agreement.