Software Maintenance And Support Services Agreement

Upon purchase or renewal of a maintenance and support period (“Effective Date”), Sencha provides Customer with the services relating to the software described in Section 1 below, for which Sencha has granted Customer a license under a software license agreement (the “License Agreement”) of Sencha and Customer and for which the corresponding maintenance and support fees have been paid. 1. Services IncludedThe services listed below apply only to Sencha products for which they were purchased (“Software”)) and do not apply to other applications, libraries or products developed or sold by Sencha or Sencha resellers. The support, if any, for another product of this type is governed by a separate agreement. All features listed below are only available for the support period (defined below) and the Services will no longer be available immediately upon termination of this Agreement. neither Sencha nor Sencha`s resellers are responsible for the provision of services to the extent that the problem is due to (a) abuse, misuse, misconfiguration, modification or deterioration of the software by the customer; (b) customer`s use of the software with hardware or software that is not provided or supported by Sencha; (c) Customer`s inability to install an update for the Software if such an update had resolved the issue; or in a manner that is not in accordance with the agreement. Sencha is not responsible for the loss or damage of customer data, regardless of the cause of such loss or damage. . . .

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