These terms and conditions apply to the technical support service product from PostgreSQL, Inc. ("PgSQL"). Read these terms and conditions carefully. To purchase this support product, print off this form, fill it out, and send by mail to:

PostgreSQL, Inc.
360 Main Street, Suite 21
Wolfville, Nova Scotia, Canada
B4P 1C4

YOUR SIGNATURE AND SUBMISSION OF THIS DOCUMENT IS AN ACCEPTANCE BY YOU OF THESE TERMS AND CONDITIONS.

PostgreSQL, Inc. ("PgSQL") must receive this signed document before you can obtain Support services from PgSQL. The date PgSQL receives the Document is the Commencement Date.

This Agreement entitles you to obtain technical support ("Support") from PgSQL. Support means answers to questions, guidance, and other assistance as determined by PgSQL. Support excludes configuration of hardware and networking services; consulting services; general solution provider related services; and general computer system maintenance. You will be responsible for performing operations on your computer system, and PgSQL shall have no responsibility to perform operations on your computer system.

You agree to provide to PgSQL all information reasonably requested by PgSQL to enable PgSQL to provide Support. Such information may include, but not be limited to, the type of hardware you are using, a description of the problem for which you seek Support, and additional software you are using that falls outside the Subject Matter Scope of Coverage. You understand and agree that the completeness and accuracy of the information you provide to PgSQL pursuant to this Section may affect PgSQL's ability to provide Support.

PostgreSQL, Inc. ("PgSQL") will provide Support for the current release (7.x.x), and past releases since (6.5.x) of the official versions of the PostgreSQL object-relational database management system product. PgSQL will provide no Support for software that is not included as part of the official PostgreSQL database product.

You understand and agree the PostgreSQL database may not function with certain operating systems and software. Such software is unsupported software. PgSQL shall have no obligation to provide Support for any system that is or that includes unsupported software. Supported operating systems and software are identified in the official releases of PgSQL.

You are entitled to seek Support 8:30am thrus 4:30pm Atlantic Standard time, Monday thru Friday, throughout the term of this Agreement.

You or any one person you designate may seek Support. You are responsible for all persons who seek Support pursuant to the Certificate. PgSQL shall have no responsibility for any unauthorized use of Support pursuant to the Certificate.

PostgreSQL, Inc. ("PgSQL") shall respond to requests for Support within 1 working day of the request.

A response to a request for Support may consist of receipt of and acknowledgement by PgSQL of your request for Support, and may not include answers to your request for Support. You acknowledge and understand that no software is perfect or error free, and that despite its commercially reasonable efforts, PgSQL may be unable to provide answers to or resolve some or all requests for Support. PgSQL makes no promises, guarantees or assurances of any kind that it will be able to provide the Support you seek.

This Agreement shall begin on the Commencement Date and shall terminate 30 (thirty) days after the Commencement Date, regardless of whether all incidents are used or not used. PgSQL may terminate this Agreement in the event that you commit a material breach of this Agreement and fail to remedy that breach within 15 days of receipt of notice of material breach, or as otherwise provided in this Agreement.

This Agreement entitles you to seek Support for unlimited Incidents. An Incident is a problem that cannot be broken down into subordinate problems and is a problem with the installation of PgSQL. You agree to cooperate with PgSQL in classifying your requests for Support as Incidents, and you agree that PgSQL retains the discretion to determine what constitutes an Incident.

You understand and agree that no software is perfect or bug-free, and that despite PgSQL's commercially reasonable efforts, PgSQL may be unable to resolve Incidents or otherwise provide the Support you seek. In the event that PgSQL is unable to resolve an Incident, that Incident shall not be charged against the number of Incidents available to you.

Any and all payments made by you pursuant to this Agreement shall be non-refundable. There shall be no refunds or credits for any unused Incidents or other unused services upon the termination of this Agreement for any reason or at any other time. In the event that you fail to make payment to PgSQL pursuant to this Agreement, PgSQL's obligations to provide Support shall be suspended until PgSQL receives full payment from you for all fees, including late fees and interest, due to PgSQL.

Any re-use, transfer, assignment or distribution of the Certificate without the prior written permission of PgSQL is prohibited and shall render the Certificate null and void. Any attempt to transfer, assign or re-use the Certificate in violation of this section shall be a violation of this Agreement and shall immediately terminate this Agreement and all your rights under it.

THE SUPPORT, OTHER SERVICES, INFORMATION, AND SOFTWARE PROVIDED TO YOU BY PostgreSQL, Inc. ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NEITHER YOU NOR PostgreSQL, Inc. SHALL BE IN BREACH OF THIS AGREEMENT DUE TO ANY FAILURE OF PERFORMANCE THAT ARISES OUT OF CAUSES BEYOND ITS REASONABLE CONTROL. PostgreSQL, Inc.'S LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES WHICH ARE PROVEN IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY YOU PURSUANT TO THIS AGREEMENT, OR $1,000, WHICHEVER IS LESS. PostgreSQL, Inc. SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST DATA IN CONNECTION WITH THIS AGREEMENT, EVEN IF PostgreSQL, Inc. HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PostgreSQL, Inc. WILL NOT BE LIABLE TO YOU ON ACCOUNT OF ERRORS, OMISSIONS, DELAYS OR LOSSES UNLESS CAUSED BY ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

This Agreement shall be interpreted in accordance with the laws applicable to agreements executed and wholly performed in the Province of Nova Scotia, Canada (the "Jurisdiction"). Any dispute or claim arising out of or in relation to the terms of this Agreement, in part or in whole, or any beach thereof, shall be resolved by arbitration before a single arbitrator in accordance with the rules and procedures of the Jurisdiction's governing commercial arbitration Act. Such rules and procedures shall be considered to constitute a part of this Agreement by reference.

This Agreement, including all Schedules, constitutes the entire understanding of the parties. This Agreement supersedes and terminates all prior representations, warranties and agreements, written or oral, regarding the subject matter of this Agreement. Any modification to this Agreement must be in a writing signed by both parties.

If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

Failure or delay on the part of any party to exercise any right, remedy, power or privilege hereunder will not operate as a waiver. Any waiver must be in writing and signed by the party granting such waiver in order to be effective.

 

Contract

The Customer hereby wishes to purchase this support contract from PgSQL Inc. and accepts all terms and conditions stated above.