ActiLife6 owners will automatically receive all major, minor and bug builds released by ActiGraph for up to one year after initial purchase or upgrade to ActiLife6, that is until the end of that user’s maintenance and support agreement. After the expiration of the maintenance and support agreement, users will receive all bug build releases associated with their latest minor release. For example, users who were eligible for 6.3.0 prior to the expiration of their maintenance agreement will receive all bug builds released for that version (6.3.1, 6.3.2, and so on) regardless of the expiration date on the agreement. Bug builds identified during development of minor releases will be retroactive but only for the two most recent minor releases. For example, bugs identified in 6.4.0 will be rolled back to 6.2.x and 6.3.x, but not to 6.1.x. This will afford users the benefit of bug fixes for some time after expiration of the maintenance agreement and will ensure, as much as possible, stable software.
Users will be invoiced the applicable renewal fee preceding the expiration of their maintenance and support agreement. Failure to renew the agreement will result in termination of the maintenance and support agreement and the aforementioned licensing terms will apply. Pricing for maintenance and support renewals and for ActiLife first-time purchases is subject to change without notice from ActiGraph or ActiGraph’s distributors.
ActiLife users with an active maintenance and support agreement will be entitled to unlimited 24 hour Premium Support, meaning that all telephone calls and emails received by ActiGraph Customer Support will be returned within one business day. Inquiries submitted by users without an active maintenance and support agreement will be handled on a case by case basis in the order in which they were received. Any inquiries relating to major bugs or security issues will be given top priority, regardless of status of the customer’s maintenance and support agreement.
These terms are subject to change at any time. In the event of a change of terms, ActiGraph will notify all licensed ActiLife users of these changes.
Neither ActiGraph nor any of its employees shall be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone’s use of the information. In no event shall ActiGraph or its employees be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement or substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this system, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action.
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