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Terms and Conditions
1. OAR agrees to provide support services, as described below,
to the software engineers for the designated project, host and
target systems for the period of one year for current releases
of the RTEMS.
2. Customer certifies it has accurately represented the number
of development seats using RTEMS in the designated project.
3. Customer agrees to notify OAR of any problems encountered in
its use of RTEMS by e-mail to support@OARcorp.com. Each report
shall include, in the subject field, the assigned OAR Customer
Number.
4. OAR agrees to respond to all reports within 48 hours (two
working days, CST) specifying the RTEMS component affected
(kernel, add-on, toolset) and a course of action. The kernel
component includes the RTEMS executive only. Add-on components
include ports, BSPs, device drivers, application libraries, and
other non-kernel components. Toolset components include the GNU
gcc environment and other IDE packages distributed with RTEMS.
5. For kernel component problems, OAR will undertake their best
efforts to provide an acceptable workaround or patch as soon as
possible, but in no case to exceed seven working days from the
time the problem is first reported and received (CST). OAR will
provide assistance with resolution of problems with add-on and
toolset components to the best of our ability, workarounds or
patches will be provided if possible. OAR will work with the
Customer to seek problem resolution with add-on and toolset
components that are out of OAR's control.
6. For other reports, OAR will undertake their best efforts to
correct the problem in the next release of RTEMS and will
provide a patch to the customer, if requested, as soon as
practical.
7. OAR will provide website access area for the customer where
RTEMS releases will be made available, as will any patches
developed in response to customer's reports. In addition,
mailing lists are made available for the customers.
8. OAR will notify the Customer Technical Contact about
subsequent releases of RTEMS.
9. Support services shall begin on the date of the signed RTEMS
Customer Support Agreement and Profile and extend for a period
of one calendar year. Payments are assumed due 30 days from the
support begin date. OAR will issue an invoice 60 days prior to
expiration of this agreement and it will be extended another
year upon payment of that invoice. All transactions assume US
Dollars.
10. OAR reserves the right to modify the terms and conditions at
any time. Notification will be provided in the event of
alteration of the terms and conditions of this Agreement. In
the event that the modifications are unacceptable to the
Customer, the Customer may request a termination of this
Agreement.and are entitled to a prorated refund. Pro rata
Schedule (percentage refund of contract total cost based upon
termination date): 1-3mos. – 50%; 4-6 mos. – 25%; 7-9 mos. –
10%; 10-12 mos. – 0%.
SUPPORT SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGMENT. RTEMS AND ITS
ASSOCIATED COMPONENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT
SHALL OAR CORPORATION BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA OR PROFITS,
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY
THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THESE
SUPPORT SERVICES OR THE USE OF RTEMS. |