Ext JS Support Agreement
Version 1.8
THIS DOCUMENT IS A LEGAL AGREEMENT ("Agreement") BETWEEN SENCHA INC., ("We," "Us", "Our", or "Sencha") AND YOU OR THE
ORGANIZATION ON WHOSE BEHALF YOU ARE UNDERTAKING THE AGREEMENT DESCRIBED BELOW
("Customer", "You") IN RELATION TO SENCHA SUPPORT SERVICES. BY UNDERTAKING TO RECEIVE AND/OR PAYING
FOR THE SERVICES DESCRIBED IN SECTION 1 BELOW ("Services"), YOU ACCEPT THE FOLLOWING TERMS
AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT,
DO NOT PROCEED WITH RECEIVING THE SERVICES. THIS AGREEMENT DESCRIBES YOUR RIGHTS AND
OBLIGATIONS WITH RESPECT TO THE SERVICES.
For a period of one (1) year from the date of purchase or renewal of a support term ("Effective
Date"), We will supply the Services to Customer with respect to the Software described in
Section 1 below, for which We have granted a license to Customer pursuant to a software
license agreement (the "Software License Agreement") by and between Ext and Customer.
1. Included Services
All support plans listed below apply only to the Ext JavaScript Library ("Software") and do not
apply to any other application, library or product developed or sold by Us. The support, if any,
for any other such product will be governed by a separate agreement. All support features listed
below are available only for the Maintenance Term plus any extensions or renewals, and such
support features will become unavailable immediately upon termination of this Agreement.
All support plans include the following basic features:
* Remote and downloadable access to the most current source code documentation
available, including tutorials and examples.
* Read-only web access to the most current source code repository for the Software.
* Unlimited, 24x7 access to the community-driven Sencha public support forums.
* Unlimited, 24x7 access to the Sencha member-only support forums that are monitored
by the Sencha development and support teams. The number of people provided with
member-only forum access is determined by each plan as listed below.
* Limited email support as detailed in Section 2a.
All other support features are plan-specific as described below:
a. Silver Support Plan
* 1 support contact provided with member-only support forum access.
* 40 x-credits included that can be spent on any metered support services
as detailed in Section 2.
* Maximum incident response time of 72 hours as detailed in Section 3a.
b. Gold Support Plan
* 1-5 support contacts provided with member-only support forum access.
* 150 x-credits included that can be spent on any metered support services
as detailed in Section 2.
* Maximum incident response time of 48 hours as detailed in Section 3a.
* Eligible to receive emergency hot-fix builds on an as-needed basis.
* Telephone support as detailed in section 2b.
* Emergency bug fix escalation available on an as-needed basis.
* Remote trouble-shooting services available as detailed in Section 2c.
c. Platinum Support Plan
* 1-25 support contacts provided with member-only support forum access.
* 400 x-credits included that can be spent on any metered support services
as detailed in Section 2.
* Maximum incident response time of 24 hours as detailed in Section 3a.
* Eligible to receive emergency hot-fix builds on an as-needed basis.
* Telephone support as detailed in section 2b.
* Emergency bug fix escalation available on an as-needed basis.
* Remote trouble-shooting services available as detailed in Section 2c.
* Performance tuning services available as detailed in Section 2c.
* Code review services available as detailed in Section 2c.
* On-site training available as detailed in Section 2c.
d. Diamond Support Plan
* 1-100 support contacts provided with member-only support forum access.
* 1,000 x-credits included that can be spent on any metered support services
as detailed in Section 2.
* Maximum incident response time of 12 hours as detailed in Section 3a.
* Eligible to receive emergency hot-fix builds on an as-needed basis.
* Telephone support as detailed in section 2b.
* Emergency bug fix escalation available on an as-needed basis.
* Remote trouble-shooting services available as detailed in Section 2c.
* Performance tuning services available as detailed in Section 2c.
* Code review services available as detailed in Section 2c.
* On-site training available as detailed in Section 2c.
2. Metered Support Services
All support features listed in this section are valued in x-credits and are only available
up to the amount of x-credits available in the Customer's support account at the time of the
support incident. Additional x-credits may be purchased and spent on additional support at
any time (provided such credits have not expired according to Section 3e). All references to
"cost" in this section mean the cost 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 support account of the Customer.
a. Email Support
Email support (addressed to support@sencha.com) is valued per incident, with all emails
in a single related thread constituting all of the email support required to resolve that
incident. Email support costs 10 x-credits per incident, and can contain 1 or more emails
with no limit to the total number. If telephone support is also required to resolve the
incident, the cost for the telephone support is added separately and billed in addition
to the email support cost under the terms of Section 2b. Support request emails determined
to be unrelated to the original email in a support thread shall constitute a new support
incident at the sole discretion of Sencha support personnel.
b. Telephone Support
Telephone support is valued in 30 minute increments, with a 30 minute minimum x-credit
cost per call (even if the call does not have an actual duration of 30 minutes). Each 30
minutes of telephone support costs 25 x-credits, and the number of separate phone calls
is limited only by the total cost in x-credits available in the Customer's support account
balance. Telephone support must be scheduled in advance so that Sencha and the Customer can
establish mutually-agreeable availability, and Sencha agrees to complete the scheduling of
telephone support within the telephone support response time listed in the appropriate
plan in section 1.
c. Expert Services
Expert services include, but are not limited to, remote trouble-shooting on the Customer's
computer systems, performance tuning and code review of the Customer's application code
by Sencha support staff, and on-site training of Customer staff by Sencha training staff. Each
30 minutes of any expert service except on-site training costs 25 x-credits with a 30
minute minimum x-credit cost per request (even if the service does not have an actual
duration of 30 minutes). On-site training costs will be quoted on request based on the
specifics of the training and travel requirements. Customers are responsible for all travel
expenses incurred during the performance of on-site training. All requests for expert
services must be scheduled in advance so that Sencha and the Customer can establish mutually-
agreeable availability.
3. Terms of Support
a. Hours of Availability
Access to all web-based support features (online documentation and source code, online
help forums) are generally available 24 hours per day, 7 days a week, 365 days a year
barring unforeseen interruptions in Internet service or planned exceptions by Sencha.
Notwithstanding anything to the contrary in this Agreement, such availability is not
guaranteed by Sencha. All metered support services are also generally available 24 x 7 x 365,
although the response to each request for metered support may not happen immediately, and
will be governed by the response time terms outlined in section 3b. Any planned
exceptions to the availability of support services will be communicated on the Sencha
website as far in advance as possible.
b. Response Time
The response time listed in each support plan is the elapsed time between the receipt
of a support request via email or telephone and the time when Sencha begins the support
service, including a verbal or written confirmation to the Customer thereof. The actual
time required to fully resolve the support request, if such full resolution occurs, may
be longer than the maximum response time listed.
c. Our Responsibilities
We will use commercially reasonable efforts to assist Customer to resolve problems in
its use of the Software as described in Section 1. We make no guarantee that it can,
or will, solve any problems with respect to the Software presented by Customer, and
further disclaims any warranties above and beyond any limited warranties that may have
been expressly made by Us in the Software License Agreement.
We will offer Services for the then-current version of the Software. For not less
than twelve (12) months from the release date of the then current version, We will also
offer Services for the immediately preceding major version of the then-current version.
A major version of the Software is defined as the number in the version preceding the
first decimal place, e.g., version 1.5 has a major version of 1 (and a minor version of
.5). As an example, if 3.1 is the current major version, then any version of the
Software numbered 2.x would be supported until version 4.x becomes current, at which time
support for all 2.x versions of the Software would no longer be offered.
d. Customer's Responsibilities
Customer is responsible for all hardware, operating systems, network setup, network
maintenance and setup and use of any file access control systems required in the support
of the Software. Customer may be required to grant Us certain limited access rights
to Customer's proprietary computer systems in order that We may render support Services.
Customer is responsible for ensuring that its personnel have sufficient training to
attain and maintain competence in the operation of the Software. If We determine,
in Our sole discretion, in responding to a Customer request for email or telephone
Support, that the solution is provided in available media (including, but not limited
to, the source code documentation, tutorials and examples, websites or support forums),
We may direct Customer's personnel to the appropriate media for the solution to the
problem. Even if the support request is resolved in so doing, any minimum support
charges outlined in section 2 would still apply.
e. TERM AND TERMINATION
Our provision of the Services to Customer will commence on the Effective Date and
will continue for an initial term of one (1) year. At the end of the term the Services
automatically terminate and any accumulated x-credits that have not been spent will be
lost. The Customer may choose to renew Services at any level at any time, subject to
Our written agreement, but x-credits from previous support terms will not be applied
to the new term at the time of renewal and must be used during the term in which they
were purchased.
4. Disclaimer; Limitation of Liability
We shall not be responsible to provide Services to the extent that the issue is caused by
(a) Customer's misuse, improper use, mis-configuration, alteration, or damage to the Software;
(b) Customer's use of the Software with any hardware or software not supplied or supported by
Us; (c) Customer's failure to install an update to the Software if such update would have
resolved the issue; or (d) otherwise uses in a manner not in accordance with the Agreement.
We shall have no responsibility for loss of or damage to Customer's data, regardless of the
cause of any such loss or damage.
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, RELATING TO
PRODUCTS OR SERVICES FURNISHED TO CUSTOMER HEREUNDER. WE SPECIFICALLY DISCLAIM AND EXCLUDE
ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THOSE OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, WHETHER
MADE BY OUR EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT WILL BE DEEMED TO
BE A WARRANTY BY US FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF US WHATSOEVER.
IN NO EVENT (i) SHALL OUR MAXIMUM LIABILITY FOR ALL DAMAGES EXCEED ACTUAL DIRECT DAMAGES
CAUSED BY THE SPECIFIC PRODUCT OR SERVICE COMPLAINED OF, (ii) SHALL OUR MAXIMUM LIABILITY
FOR ALL DAMAGES EXCEED THE TOTAL AMOUNT OF FEES PAID HEREUNDER, OR (iii) SHALL WE BE LIABLE FOR
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO
LOST BUSINESS PROFITS AND THE LOSS, DAMAGE OR DESTRUCTION OF DATA) EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF THE SAME. No limitation as to damages for personal injury is hereby
intended. Some states do not allow the exclusion or limitation of incidental or consequential
damages under certain circumstances and the above exclusion or limitation may not apply.
5. Miscellaneous
The Ext JS Commercial License Agreement ("Commercial License") terms are extended to patch releases (a
build that is not made generally available as a major version or minor version) for each support
subscribed developer that is licensed under a Commercial License for the major version that the patch
release updates, subject to all the terms and conditions of the Commercial License.
You and Us are independent parties, and nothing in this Agreement shall be construed
as making them partners or as creating the relationships of employer and employee, master and
servant, or principal and agent between them, for any purpose whatsoever. Neither party shall
make any contracts, warranties or representations or assume or create any other obligations,
express or implied, in the other party's name or on its behalf.
You agree to be identified as a customer of Ours and You agree that We may refer to You by
name, trade name and trademark, if applicable, and may briefly describe Your business in Our
marketing materials and website.
All notices given under this Agreement shall be effective upon receipt and shall be in writing
and sent to the address of the other party set out at the beginning of this Agreement or to any
replacement address of which the other party has been given notice in accordance with this Section.
In no event shall either party be liable for any delay or failure to perform under this Agreement
which is due to causes beyond the reasonable control of such party.
This document contains the entire agreement between the parties relating to the matters covered
by it, superseding all other oral or written representations, understandings, proposals or other
communications between the parties. This Agreement may be modified only by a written instrument
signed by an authorized representative of each party. Customer may assign this Agreement only
with the prior written consent of Us; We may freely assign this Agreement.
In the event that any provision of this Agreement is for any reason void or unenforceable in any
respect, such provision shall be without effect to the extent of the voidness or unenforceability
without affecting such provision in any other respect and without affecting any other provision.
No action, regardless of form, arising out of this Agreement may be brought by either party
more than one year after the cause of action has been or reasonably should have been discovered,
or, in the case of an action for nonpayment, more than two years after the date the last payment
was due.
This Agreement shall be governed by the substantive laws (notwithstanding conflicts of laws
provisions) of The State of California, United States and all parties irrevocably submit to the
jurisdiction of the courts of the State of California and further agree to commence any litigation
which may arise hereunder in the state or federal courts located in the judicial district of
Santa Clara County, California, US.
