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PHDWin and PHDRMS Product Support and Maintenance Policy

(Revised 12/15/2011)
(subject to change without notice)

TRC Consultants, LC offers ongoing technical support and maintenance program for the PHDWin and PHDRMS software products. One year of technical support and maintenance is included as part of a licensee’s initial licensing purchase. This period begins on the date of the initial licensing of any TRC software product. At the one year anniversary date of a licensee’s initial purchase, the licensee has the option to purchase support and maintenance for the upcoming year. The cost of the support and maintenance will be based on all the rights licensed 60 days before the anniversary date of the initial purchase. Support and maintenance are only sold together and are only available in one year increments. Support and maintenance is only available for current software versions.

Support includes unlimited telephone and e-mail instruction to assist in operating and installing the licensed software. For authorized users, support is available Monday through Friday 9:00 AM to 5:00 PM CST on our toll free technical support phone line ((888) 248-8063 Ext. 5 or (512) 467-2639 ext. 5) or through our support e-mail address (support@phdwin.com). Support can be made available before or after the normal support periods by special arrangement.

TRC Consultants will use best efforts to keep confidential any data sent as part of a support request, but does not offer any indemnification for damages related to the release of a client’s confidential data.  Furthermore, TRC Consultants is not liable for any and all claims, demands, lawsuits, judges, damages, losses and/or expenses, including court costs and attorney’s fees, which are based in whole or related to any service or update provided by the technical support and maintenance program.

Maintenance release updates and version upgrades are available from time to time and made available as downloads from the internet. Additionally, CD versions will be made available to the license’s designated point of contact upon request. These updates and upgrades will be made available for download from the PHDWin website. These updates and upgrades are available to all licensees enrolled in the support and maintenance program. No fees will be charged for inter-version maintenance releases. TRC does retain the right to charge a fee for version updates.

If a licensee elects to not purchase additional support and maintenance, the licensee may continue to use the software version available at the time support and maintenance was discontinued. The licensee will no longer be entitled to updates and version upgrades made available after the support and maintenance was discontinued. Nothing in this document or associated with the support and maintenance program changes the licensing terms as defined by the licensee’s purchase or upgrade. If a licensee chooses not to maintain support and maintenance for a period of time, that licensee can rejoin the support and maintenance program by paying any unpaid back support up to the cost of repurchasing the software at the current rate. Specifically,  his/her  fee will be equal to the current annual support and maintenance fee multiplied by the number of years since the support and maintenance was discontinued plus any upgrade fees accessed during the period of lapsed support and maintenance. This fee shall not exceed the current rate for purchasing the software. The anniversary date of the initial licensing will be used to calculate the back support and will define the anniversary date for future support and maintenance renewal options. Back support calculations will be made based on the total amount of software licensed.

Support and maintenance is only available to entities licensed by TRC Consultants. Support and maintenance is not transferable between licenses. For additional information or questions, please contact a TRC Consultants, LC sales staff member at Sales@phdwin.com.

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