@kentico/xperience-admin-base 29.6.3 → 29.7.0

package/LICENSE.txt

@@ -1,5 +1,4 @@
 LICENSE AGREEMENT
-Version: 3.0 (7 February 2023)
 By accepting the terms and conditions of this License Agreement (the “Agreement”) in accordance with the section 3.3 hereof, this Agreement is made by and between the company from the Kentico Group that submitted the Quote (as defined below) to the customer during the procedure described in the section 3 hereof (the “Provider”), and the customer to whom the Quote was submitted (the “Customer”).The Provider and the Customer are collectively referred to as the “Parties” or any of them individually as a “Party”. In the case that the Parties have entered or will enter into a separate written agreement on provision of the Software (as defined below), such agreement shall apply in lieu of this Agreement.
 Kentico Group is formed by the company Kentico software s.r.o. with its registered office at Nové Sady 996/25, 602 00 Brno, Czech Republic, ID No.: 269 30 943, registered in the Commercial Register maintained by the Regional Court in Brno, File No: C 46072, and its subsidiaries. For the purposes of this Agreement, any other company, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with Kentico software s.r.o. is also considered to be a part of Kentico Group.
 1.	SUBJECT MATTER OF THE AGREEMENT
@@ -66,8 +65,9 @@ The Provider is entitled to collect data related to use of the Software by the C
 8.	SUPPORT SERVICES
 8.1	The Provider shall provide the Customer during the Subscription Term with support services for using the Software (the “Support Services”). The Support Services consists basically of providing technical support through means of distant communication, and providing Releases, if released by the Provider (upon its sole discretion) during the Subscription Term. The level of the Support Services is specified in the Pricelist, the Software Specification, and the Quote (if applicable) and depends on the Subscription Plan. For the avoidance of any doubt, the Parties agreed that the Provider guarantees no response times when providing the Support Services.
 8.2	The Customer shall fully cooperate with the Provider when receiving the Support Services. The Customer acknowledges that the Releases provided by the Provider may be necessary for maintaining proper functionality of the Software and that the Provider bears no responsibility for functionality of the Software in case that the Customer does not implement the Releases notified to the Customer by the Provider in reasonable time from the notification, does not implement them properly or does not implement them at all.
-8.3	The Customer is strongly recommended to use all the Support Services available to the Customer, especially during the Software implementation. Not using the Support Services by the Customer may result into inappropriate implementation of the Software, in which case the results obtained from the use of the Software by the Customer may not be optimal. For the avoidance of any doubt, the Parties agreed that the Customer is solely liable for the Software implementation, regardless whether the Support Services were used (unless otherwise agreed).
-8.4	The Provider may allow the Customer to order premium support services under a separate Customer Success Services Agreement. Further details of the premium support services including their billing are specified in the Customer Success Services Agreement. Premium Support Services are not considered Additional Services under this Agreement.
+8.3	The Customer is strongly recommended to use all the Support Services available to the Customer, especially during the Software implementation. Not using the Support Services by the Customer may result into inappropriate implementation of the Software, in which case the results obtained from the use of the Software by the Customer may not be optimal. For the avoidance of any doubt, the Parties agreed that the Customer is solely liable for the Software implementation, regardless whether the Support Services were used (unless otherwise agreed). 
+8.4	The Customer is recommended to implement the hotfixes and updates of the Software on regular basis. Notwithstanding the previous sentence, the Customer obliges to implement the updates of the Software at least once a year, always by 31st October of the given year. If the Customer breaches this duty, the Provider may suspend the provision of the Support Services until the Customer implements the available Software updates. The obligation of the Customer to pay the Fee in full amount is by suspension of the Support Services not affected, nor is the Customer entitled to any damages.
+8.5	The Provider may allow the Customer to order premium support services under a separate Customer Success Services Agreement. Further details of the premium support services including their billing are specified in the Customer Success Services Agreement. Premium Support Services are not considered Additional Services under this Agreement.
 9.	FREE EDITION AND BETA RELEASES 
 9.1	For the purposes of time-limited evaluation, the Provider may provide the Customer free of charge and for a limited period of time with (i) free or trial edition of the Software (the “Free Edition”) or (ii) “beta” or other early-stage versions, integrations, or other features of the Software (the “Beta Releases”). The Free Edition and Beta Releases are optional for the Customer to use. Customer may use the Free Edition and the Beta Releases only for the period and purposes specified by the Provider when they are provided to the Customer. The Provider is entitled to terminate the Customer's use of Free Edition or Beta Releases at any time at its discretion.
 9.2	The Provider will not provide the Customer with Support Services in relation to the Free Edition or the Beta Releases. As regards the Free Edition and Beta Releases of the Software, section 4.12 does not apply. Further, section 4.11 last sentence of this Agreement does not apply to the Free Edition.