The response time indicated in each support plan is the time elapsed between the receipt of a support request through the Sencha Support Portal (support.sencha.com) and the time Sencha begins the support service, including an oral or written confirmation to the customer. The actual time required to completely resolve the support request may, when such a complete solution occurs, be longer than the specified maximum response time. The response times mentioned above relate to English support and foreign language support is discussed in section 3c below. This Agreement is the complete and exclusive declaration of mutual understanding of the Parties and supersedes and revokes all prior written and oral agreements and communications regarding the subject matter of this Agreement. No oral or written information provided by us, our resellers or others on our behalf gives rise to a warranty or ancillary contract, nor to increase in any way the scope of this agreement, and you may not rely on such oral or written information. Waivers or modifications are effective only if they are in writing. In addition, deviant or additional conditions of an order, confirmation or similar form have no force or effect. BNY Mellon and trust have entered into a Compliance Support Service Agreement dated December 18, 2006, as amended (the “Agreement”), relating to the provision of certain compliance support services by BNY Mellon to the Trust. 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. All support features mentioned in this section are evaluated in x-credits and are only available up to the amount of x-credits available on the customer`s support account at the time of the support incident. Additional x-credits can be purchased at any time and spent on additional support (unless such credits have expired in accordance with Section 5). All references to “costs” in this section refer to costs in x-credits based on the x-credit value of the service.
All references to “billing” in this section mean the deduction of accumulated x credits from the customer support account. Expert services can be used on an availability basis as part of the support, depending on the skills required to deliver the service. Expert services may include, among other things, remote troubleshooting on the customer`s COMPUTER systems, performance optimization, and code verification of the customer`s application code by Sencha support staff. Each 30-minute expert service, with the exception of on-site training, costs 25 x credits with a minimum x-credit price of 30 minutes per request (even if the service does not have an actual duration of 30 minutes). All requests for expert services must be planned in advance to allow Sencha and the client to establish amicable availability. Depending on the demand, Sencha can provide information on the measures needed for a specific expert service. 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 (d) in a manner that is not in accordance with the agreement. . . .