THIS DOCUMENT IS A LEGAL AGREEMENT (“Agreement”) BETWEEN AG GRID LTD AND YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE ENTERING INTO THIS AGREEMENT (“Customer”) IN RELATION TO AG-GRID-ENTERPRISE MAINTENANCE AND SUPPORT SERVICES. BY UNDERTAKING TO RECEIVE AND/OR PAYING FOR THE SERVICES DESCRIBED BELOW (“Services”), YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT, DO NOT PROCEED WITH RECEIVING THE SERVICES. THIS AGREEMENT DESCRIBES YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE SERVICES.
Commencing on the purchase of a maintenance and support term (“Effective Date”), ag-Grid Ltd will supply the Services to Customer with respect to the Software described in Section 1 below, for which ag-Grid Ltd has granted a license to Customer pursuant to a software license agreement (the “License Agreement”) by and between ag-Grid Ltd and Customer and for whom the applicable maintenance and support fee has been paid.
1.Included Support Services
The Services listed below apply only to the ag-Grid products for which they are purchased (“Software”) and do not apply to any other application, library or product developed or sold by ag-Grid Ltd. The support, if any, for any other such product will be governed by a separate agreement. All features listed below are available only for the Support Term (as hereinafter defined), and the Services will become unavailable immediately upon termination of this Agreement. Software generally offered by ag-Grid Ltd in un-obfuscated source code format is sometimes hereinafter referred to as Source Software.
Support is provided though the member-only ag-Grid support forum that is monitored by the ag-Grid development and support teams. ag-Grid support by ag-Grid Ltd will be provided in English.
Support will be provided for the current release of the software and previous releases up to 12 months of the release date.
2.Response Time
Response time on member-only support will be within 24 hours on working days, working days as defined by the United Kingdom calendar.
3.Customer’s Responsibilities
It is the customers responsibility that raised support tickets regarding ag-Grid and not use the service to receive help on related matters. In other words, ag-Grid support should not be used for general Javascript help or help using other frameworks.
It is the customers responsibility that the support tickets are raised by aptly trained individuals, such that the cause of the issue is not due to inexperience of the raiser. In other words, the ticket should not be due to the the raiser is not proficient enough in Javascript or other related technologies.
4.Service Limitations; Limitation of Liability
ag-Grid Ltd shall not be responsible for providing Services to the extent that the issue is caused by (a) Customer’s misuse, improper use, mis-configuration, alteration, or damage to the Software; (b) Customer’s use of the Software with any hardware or software not supplied or supported by ag-Grid Ltd; (c) Customer’s failure to install an update to the Software if such update would have resolved the issue; or (d) uses in a manner not in accordance with the Agreement. ag-Grid Ltd shall have no responsibility for loss of or damage to Customer’s data, regardless of the cause of any such loss or damage.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AG GRID LTD DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. AND SERVICES. AG GRID LTD DOES NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE OR ANY OTHER CODE WILL BE UNINTERRUPTED OR ERROR-FREE, AND CUSTOMER ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR US TO DO SO.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AG GRID LTD BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LAW) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICES OR ANY OTHER SUBJECT MATTER RELATING TO THIS AGREEMENT, EVEN IF AG GRID LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NY CASE, AG GRID LTD'S ENTIRE LIABILITY WITH RESPECT TO ANY SUBJECT MATER RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE SERVICES.
5.Miscellaneous
Customer and ag-Grid Ltd are independent parties, and nothing in this Agreement shall be construed as making them partners or as creating the relationships of employer and employee, master and servant, or principal and agent between them, for any purpose whatsoever. Neither party shall make any contracts, warranties or representations or assume or create any other obligations, express or implied, in the other party’s name or on its behalf.
All notices given under this Agreement shall be effective upon receipt and shall be in writing and, if to Customer, sent to the email or physical address provided by Customer to ag-Grid Ltd, and if to ag-Grid Ltd, by certified mail at ag-Grid Ltd’s headquarters as listed on ag-Grid Ltd’s website. You may not assign or transfer this Agreement without Our prior written consent. Any attempted assignment or delegation in violation of this Section shall be null and void. This Agreement may be assigned by Us in whole or part and will inure to the benefit of Our successors and assigns.
This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. No oral or written information given by Us, Our resellers, or otherwise on Our behalf shall create a warranty or collateral contract, or in any way increase the scope of this Agreement in any way, and You may not rely on any such oral or written information. Any waivers or amendments shall be effective only if made in writing. Further, any different or additional terms of any related purchase order, confirmation, or similar form shall have no force or effect.
If any provision in this Agreement shall be determined to be invalid, such provision shall be deemed omitted; the remainder of this Agreement shall continue in full force and effect. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in this Agreement shall remain in effect. No action, regardless of form, arising out of this Agreement may be brought by either party more than one year after the cause of action has been or reasonably should have been discovered, or, in the case of an action for nonpayment, more than two years after the date the last payment was due.
This Agreement shall be governed by the substantive laws (notwithstanding conflicts of laws provisions) of England and Wales, United Kingdom and all parties irrevocably submit to the jurisdiction of the courts of the England and Wales, United Kingdom and further agree to commence any litigation which may arise hereunder in the state or federal courts located in the judicial district of England and Wales, United Kingdom.