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Support Terms and Conditions

Arcana Development support services are offered subject to the following terms and conditions (the "Agreement"). By purchasing a support plan or support incident ("Support Services") from Arcana Development, LLC ("Arcana Development"), you ("Customer") accept this Agreement.

  1. Services. Arcana Development will provide Customer with the support services described at www.arcanadev.com/support/options.aspx (the "Support Site"). The service descriptions on the Support Site (and any amendments to them) are part of this Agreement.
  2. Restrictions. Arcana Development may limit or terminate the Support Services or may elect not to renew the Support Services of any Customer who uses the Support Services in an excessive, abusive, or fraudulent manner. For subscription-based support plans, only the named Customer contacts are eligible for support. Excessive changes to the named contacts for the support account shall be grounds for termination or non-renewal. For single-incident support offerings, support shall be limited to questions related to a single, definable issue or question. Arcana Development shall have sole discretion in determining the scope of an "incident." Resale, assignment, or transfer of Support Services is strictly prohibited, and will be grounds for termination or non-renewal of the Support Services. The Support Services are not available to consultants, technical support agents, or other parties using Support Services on behalf of multiple clients or users.
  3. Supported Products. Support Services are available only for supported products and versions, as described at www.arcanadev.com/support/supportedproducts.aspx.
  4. Term and Termination. Per-incident Support Services apply to a single incident, as described in paragraph 2 above. Subscription-based support plans have a term of one year from the purchase date, absent early termination as provided for in this Agreement. The Support Services shall terminate immediately upon nonpayment of the fees for the Support Services ordered. Arcana Development reserves the right to cancel this Service Agreement at any time or change the fees, terms, conditions, support features, procedures, pricing and support availability upon thirty days notice to Customer. Customer may, by giving fifteen days written notice to Arcana Development, terminate the Agreement on the effective date of any such change. In the absence of such notice of termination, the change will be deemed accepted by Customer. Upon cancellation or termination, Arcana Development will prorate and refund any excess fees paid by Customer based on the Commencement Date and the date of cancellation or termination.
  5. Target Response Times. The Support Site provides a "Target Response Time" for Support Services. The Target Response Time represents our goal for our initial response to a support request, and does not constitute a guarantee. If we are unable to respond within the specified Target Response Time, you will not be charged for the incident or support request. Refunds will be issued as follows: a) For pay-per-incident support requests, you will not be charged if we do not meet the Target Response Time. b) For subscription-based support plans, you will, at the end of the term of the support agreement, receive a pro-rata refund for any support requests to which we were unable to respond within the Target Response Time (for example, if, during the term of the agreement, you submitted 4 support requests, and we were unable to respond to 1 of them within the Target Response Time, you will be refunded 25% of the subscription price for your plan).
  6. Warranty and Disclaimer. Arcana Development will use reasonable commercial efforts to provide the Support Services under this Agreement in a professional manner, but Arcana Development cannot guarantee that every question or problem raised by the Customer will be resolved. Nothing in this Agreement shall be construed as expanding or adding to the warranty for the supported software set forth in the License Agreement that accompanies the products. ARCANA DEVELOPMENT MAKES, AND CUSTOMER RECEIVES, NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE PROVISION OF MATERIALS OR SERVICES UNDER THIS SERVICE AGREEMENT. ARCANA DEVELOPMENT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  7. LIMITATION OF LIABILITY. ARCANA DEVELOPMENT'S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER FOR THE SUPPORT SERVICES ORDERED BY CUSTOMER. IN NO EVENT SHALL ARCANA DEVELOPMENT HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OF EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THIS AGREEMENT UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT ARCANA DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
  8. Additions. Any additional services added to this Agreement by written notice to Customer will be governed by the terms of this Agreement.
  9. General. This Agreement may not be transferred by Customer. This Agreement supersedes all other written and oral proposals, purchase orders, prior agreements, and other communications between Customer and Arcana Development concerning the subject matter of this Agreement and constitutes the entire agreement between Arcana Development and Customer regarding provision of Support Services. This Agreement shall be governed by the laws of the State of Virginia without reference to conflict of law principles. The state and federal courts located in Fairfax County, Virginia, shall have exclusive jurisdiction over all disputes relating to this Agreement.