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for Fast Lane International from day 1. You are the most supportive, helpful and
responsive company when it comes to customer service , tech support and trouble
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Tom Ingegno of OmniPop: “I've been using Book-It since 1992 and I'm very
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EBT Maintenance Agreement
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COMMXTECH d/b/a ENTERMAINMENT BUSINESS & TECHNOLOGY "EBT"
PER USER SOFTWARE MAINTENANCE AGREEMENT
This agreement sets forth the terms applicable to the purchase of maintenance
services for Book-It Program, BKX, BK2, AvailSoftware, or ArtistAvail
(“Service”), software licensed on a per user basis and subject to the EBT
software license agreement. This agreement does not apply to clients that have a
separate written maintenance agreement with EBT. |
Use of Service Terms
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- You must be 18 years of age to agree to the following terms.
- You must be authorized to use the credit card attached to the EBT account.
- You must be a human. Accounts registered by “bots” or other automated
methods are not permitted.
- You must provide your legal full name, a valid email address, and any
other information requested in order to complete the signup process.
- You may not use the Service for any illegal or unauthorized purpose. You
must not, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
- Maintenance price is based upon customizations and needs of the Client, and can
be changed.
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Re-Occuring Payment and Refund Terms
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- A valid credit card is required for paying accounts. Trial accounts are not
required to provide a credit card number.
- The Service is billed in advance on a monthly basis and is non-refundable.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing
authorities, and you shall be responsible for payment of all such taxes, levies,
or duties, excluding only United States (federal or state) taxes.
- If at anytime a payment is not made for the current month you have 10 days to
make payment. If payment is not received you forfeit any maintenance services,
and are subject to any pricing and agreement based on non-maintenance status.
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Maintenance Terms & Time
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Since Maintenance is a monthly service and can be canceled at any time EBT has a
graduated Maintenance program that all users must comply to. There are no
exceptions.
- 0-6 Months on Maintenance: Available for current updates, without cost
(if not customized changes) Receive 15% off any major upgrades
- 6-12 Months on Maintenance: Available for current updates, without cost
(if not customized changes) Receive 20% off any major upgrades
- 1 Year or More on Maintenance: Available for current updates, without
cost (if not customized changes) Receive up to 80% off any major upgrades
If at any time you have been on EBT maintenance, but have chosen to go off the
plan you are not eligible for the discounts as those who have remained on
maintenance.
If you decided not to update your software, at the time an update was available,
and you are on a version EBT no longer supports, at the time of a major upgrade
you will be given New Customer status and all pricing and availability will be
provided accordingly.
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Term and Payment
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1.1 CommxTech d/b/a Entertainment Business & Technology . (“EBT”) hereby offers
to provide the following software maintenance and support services for the
software (the “Covered Software”) for which the maintenance services are
purchased by the client (“Client”) pursuant to a written order (“Order”). To the
extent that Client and EBT have entered into a written agreement regarding
maintenance services for EBT software, the terms of such written agreement will
prevail over this Software Maintenance Agreement with respect to such EBT
software. |
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1.2 Client shall pay EBT the monthly maintenance fee (the “Maintenance Fee”) in
advance. EBT reserves the right to change the Maintenance Fee from time to time
upon 30 days written notice, which change shall become effective upon the next
Renewal Term. If specified on an Order, the Maintenance Fee may be included in
the monthly license fee for the Covered Software if licensed on a fixed-term
subscription basis. |
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1.3 Unless otherwise set forth in an Order, these terms and conditions shall be
in effect for a monthly term, and shall renew automatically for successive terms
(each, a “Renewal Term”) unless either party provides the other with written
notice of its intention not to renew at least 30 days prior to the next renewal
date. Without prejudice to its other rights, EBT may terminate support and
maintenance services under in the event that: (a) Client fails to pay the
applicable Maintenance Fee; or (b) Client’s license to the Covered Software for
which Client has purchased support and maintenance services is terminated. |
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Scope of Maintenance
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2.1 EBT will provide the software maintenance and support services listed in
Sections 2.2 through 2.4 to the Client for the Covered Software while the
maintenance fee for the Current Release of the particular Covered Software is in
effect and paid in full. “Current Release” means the then-current unmodified,
unimproved release of the Covered Software made generally available by EBT to
similarly situated customers. EBT shall not be obligated to provide maintenance
or support services for any customizations or modifications to the Current
Release as part of the Maintenance Fee. Such services may be available from EBT
for an additional fee. EBT may provide maintenance and support services for the
version of the Covered Software immediately preceding the Current Release at its
discretion |
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2.2 EBT will use reasonable efforts to correct any failure in the Covered
Software to substantially comply with its Documentation (“Errors”), provided
such Errors are identified by Client in writing, are replicable by EBT, and
confirmed by EBT to arise directly from the unmodified Covered Software.
“Documentation” means the help screens accessed from within a Covered Software
and any printed or electronic user manuals provided to Client in connection with
the Covered Software. Documentation does not include training or course
materials licensed or sold separately. In particular, EBT will use reasonable
efforts to proceed as described below: |
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2.2.1 If an Error causes the Covered Software to be wholly inoperative, or so
severely impaired that that Client is unable to use the Covered Software to
perform any of its intended functions in accordance with the Documentation
supplied by EBT, (“Severity 1 Error”), EBT will: (a) within one (1) business day
after receiving notice of a Severity 1 Error from Client, assign at least one
qualified technician to dedicate full time within EBT normal business hours to
provide a correction or procedural workaround sufficient to reduce or eliminate
the effect of the Severity 1 Error; and (b) within five (5) business days after
receiving notice of a Severity 1 Error from Client, provide an error correction
or procedural workaround sufficient to alleviate any material adverse effect of
the Severity 1 Error on the operation of the Covered Software. |
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2.2.2 If an Error causes the Covered Software to fail to function in material
accordance with its Documentation so that one or more material functions are
severely impaired but the Covered Software is still operational with respect to
other functions (“Severity 2 Error”), EBT will, within ten (10) business days
after receiving notice of a Severity 2 Error from Client, provide an error
correction sufficient to alleviate any material adverse effect of the Severity 2
Error on the operation of the Covered Software. |
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2.2.3 If an Error reported by Client causes inconvenience, but does not
materially and adversely affect the functionality of the Covered Software
(“Severity 3 Error”), EBT will endeavor to include a correction of such Severity
3 Error by the next Update or Upgrade of the Covered Software. |
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2.3 EBT will provide Client with support by telephone or e-mail during the
support hours posted at EBT client support website for the Covered Software.
Such support is limited to the use of reasonable commercial efforts to answer
questions from Client regarding the general utilization of the Current Release,
but does not include support relating to any changes or customizations made to
the Current Release, or assistance with design, development and debugging of
code or implementations, including but not limited to creation or deployment of
customizations or developments using development or authoring tools licensed by
EBT. In connection with any request by Client for support, Client shall provide
EBT with all information and access to Client’s computers that is reasonably
necessary to respond to the request. |
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2.4 EBT shall provide Updates to the standard version of the major Covered
Software at no additional cost to the Client. “Updates” shall mean updated, or
revised versions of the Covered Software which may include Error corrections and
other enhancements that EBT, at its sole discretion, makes available to EBT
customers who are similarly situated to Client at no additional charge. Updates
shall not include any new releases which contain substantially new or different
functionality, which EBT licenses as separate products or which EBT creates at
the request of a specific Client. |
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Other Support Terms
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3.1 Client shall designate in writing to EBT up to three (3) appropriate and
knowledgeable persons to serve as Client’s liaisons with EBT and through whom
all contacts and questions shall be presented to EBT. Client’s liaison persons
may be changed by Client by providing written or email notice to EBT. |
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3.2 From time to time upon Client’s request, EBT may provide additional services
outside the scope of the Maintenance Services to provide support or correct
difficulties or defects caused by Client’s errors, hardware system changes,
interactions with other software of Client, assistance with design, development
and debugging of code or any authorized changes or customizing made to the
Software Programs. The scope and costs of such additional services will be
separately agreed upon by the parties in writing. |
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3.3 In the event that Client makes any unauthorized modifications, enhancements
or improvements to the Covered Software, EBT shall be relieved of its
obligations to provide support and maintenance services for any portion of the
Covered Software which has been affected, directly or indirectly, by such
changes, modifications, enhancements or improvements. |
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3.4 Client acknowledges that EBT has the right to discontinue the manufacture
and development of any of the Covered Software and the Maintenance Services for
any Covered Software, including without limitation the distribution of older
versions of the Covered Software, at any time in its sole discretion, provided
that EBT agrees not to discontinue the Maintenance Services during the active
term of Client’s Order for Maintenance Services. |
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Warranty Disclaimer
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THE MAINTENANCE SERVICES ARE PROVIDED ON AN "AS IS” BASIS WITHOUT ANY WARRANTIES
(EXPRESS OR IMPLIED) WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTIABILITY, QUALITY, PERFORMANCE OR FITNESS
FOR ANY PARTICULAR PURPOSE. |
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Limitation of Liability
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EBT AND ITS THIRD PARTY SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS,
REVENUE, DATA OR DATA USE INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN
ACTION IN CONTRACT OR TORT, EVEN IF EBT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. EBT AND ITS THIRD PARTY SUPPLIERS’ LIABILITY FOR DAMAGES HEREUNDER
SHALL IN NO EVENT EXCEED THE FEES PAID BY CLIENT FOR THE MAINTENANCE SERVICES.
THE PARTIES AGREE TO THE ALLOCATION OF LIABILITY RISK, WHICH IS SET FORTH IN
THIS SECTION. The foregoing limitations will apply even if the above stated
warranty fails of its essential purposes. Some states do not allow the exclusion
or limitation of liability for consequential or incidental damages so the above
limitation may not apply. |
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Sanctions Compliance
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Client recognizes that EBT is subject to U.S. laws and regulations which require
that EBT comply with certain economic and trade sanctions, and other applicable
laws. Accordingly, Client warrants that it is not owned or controlled by, nor
does it own or control, a person or entity that is (i) on the list of Specially
Designated Nationals and Blocked Persons maintained by the Office of Foreign
Assets Control of the U.S. Department of the Treasury or any list of known or
suspected terrorists, terrorist organizations or other prohibited persons
published by any jurisdiction in which the Client is doing business, or (ii)
subject to economic or trade sanctions imposed by the United States Government,
which restrict U.S. companies from engaging in financial transactions with such
entity for any reason, including but not limited to being resident or
headquartered in or a governmental entity of a country subject to such sanctions
(currently Burma, Cuba, Iran, and Sudan) or a Designated National under the U.S.
Cuban Assets Control Regulations. Client further warrants that it is neither
resident in nor headquartered in a country to which the export or re-export of
goods or technologies that are subject to the U.S. Export Administration
Regulations are generally embargoed (currently North Korea and Syria) nor is it
owned or controlled by a governmental entity of such country. Additionally,
Client warrants that no EBT products or services will be supplied to or used for
the benefit of persons or entities resident in any of the aforementioned
sanctioned or embargoed countries or any governmental entity thereof. Client
agrees that it will notify EBT if these circumstances change. For purposes of
this provision, references to “ownership” are defined to mean any ownership
interest, direct or indirect, of 50 percent or more, and references to “control”
are defined to mean the right or ability to, directly or indirectly, dictate the
decisions, actions, and/or policies of an entity or its management by any means. |
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Amendments
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EBT reserves the right to amend this agreement from time to time by posting such
amended Terms and Conditions on its support website, which shall constitute
notice to Client of the amended agreement. Any such amendments will become
effective with respect to Client upon the next Renewal Term, and Client’s
renewal of Maintenance Services shall constitute acceptance of the amended
terms. |
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General
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If any provision of this agreement is held unenforceable by a court of competent
jurisdiction, that provision shall be enforced to the maximum extent permissible
so as to effect the intent of the parties, and the remainder of this agreement
shall continue in full force and effect. Client may not assign this agreement or
any of its rights or duties under this agreement without the prior written
consent of EBT, and any such purported assignment shall be null and void.
Subject to the foregoing, this agreement shall be binding upon and shall inure
to the benefit of each party, its successors, administrators, heirs, and
assigns. This agreement is governed by the laws of the State of TEXAS, without
reference to its conflict of law principles and without regard to the U.N.
Convention on Contracts for the International Sale of Goods. The parties hereby
consent to the jurisdiction of the courts located in Fort Worth, Texas, U.S.A.
in any action arising out of or relating to this agreement, and agree that any
action arising out of or relating to this agreement shall be maintained in the
same jurisdiction. In the event of a dispute arising out of or in connection
with this agreement, the party prevailing in such dispute shall be entitled to
recover its reasonable expenses, costs and attorneys’ fees, in addition to all
other appropriate relief. This agreement, together with any Orders or other
documents referencing this agreement, constitutes the complete and exclusive
understanding and agreement of EBT and Client relating to the subject matter
hereof and supersede all prior or contemporaneous understandings, agreements and
communications with respect to the subject matter hereof, including but not
limited to the terms set forth in any standard customer purchase order. |
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