1.1 The Client is hereby granted for the term of this agreement a non-exclusive, non-transferable license to use the product and documentation on a month-to-month basis.
1.2. Paradigm Software is a subscription based license registered for 31 days per paid period.
1.3. Paradigm Software is licensed via a fully automated internet system which requires ongoing internet access with a maximum break of 72 hours.
1.4. The Client may terminate this agreement with no cancellation period required.
2. FEES, PAYMENTS, ESCALATIONS
2.1. Paradigm Software’s monthly subscription is payable in advance using any of the following payment options:
2.1.1. Debit Order - Signed with Paradigm Software which will be automatically renewed until notice is given by the Client.
2.1.2. Stop Order - the Client signs with their own bankers and can terminate when necessary.
2.1.3. EFT Payment - manual payments made by the Client.
2.2. Monthly renewal entitles the Client to:
2.2.1. Free upgrades to the latest Paradigm Software software version.
2.2.2. Unlimited telephonic/dial-up support desk services, between 08:00 and 16:30 from Monday to Friday.
2.2.3. Certain software development services, to be assessed and approved by Paradigm Software.
2.3.1 Price escalation will be limited to a maximum of ZAR CPI per annum.
2.3.2 The Client will be charged the lower of their existing price plus CPI or Paradigm’s current retail price.
3. PARADIGM SOFTWARE OBLIGATIONS
3.1. Paradigm Software will support the product during the paid period by providing reasonable telephonic, email and dial-up support during working hours (GMT+2).
3.2. This service includes any corrections for any errors found in the product or documentation, which Paradigm Software will remedy as soon as reasonably possible in the circumstances.
3.3. If Paradigm Software cannot effect any correction telephonically, Paradigm Software, or a qualified Paradigm Reseller, upon receipt of written authorisation from the Client, may attend at the Client’s premises to effect the correction, in which event such attendance together with travelling time and expenses shall be charged to the Client by Paradigm Software or Paradigm Reseller.
3.4. Paradigm Software shall not be responsible for and shall not be obliged to correct errors which result:
3.4.1. from failure of equipment or other software which are not covered by this agreement including faults in electrical supply and operator error from whatever cause or caused by cable or connector malfunction or breaks.
3.4.2. from environmental conditions such as humidity and air-conditioning.
3.4.3. from accident, negligence, misuse or default by the Client or any third party.
3.4.4. from failure or fixed or removal storage media.
3.5. Any time spent by Paradigm Software investigating an error caused by any of the above shall be charged for by Paradigm Software as an additional cost at then current rates of service and travelling.
4. INTELLECTUAL PROPERTY
Paradigm Software retains the right, title, or interest in ownership of the copyright and all other intellectual property rights in the product and the documentation. The Client acknowledges that nothing contained in this agreement shall give the Client any right, title, or interest in the intellectual property.
Paradigm Software makes no warranties and representations whether express or implied in respect of the product, or the documentation attaching to the product and in no event will Paradigm Software be liable for direct, indirect, special, incidental or consequential damages arising out of the use or inability to use the product or documentation even if advised of the possibility of such damage. In addition, Paradigm Software specifically does not warrant or guarantee or make any representations concerning the use of or the result of the use of the product and the product is purchased at the sole risk of the purchaser.
6. THE CLIENT’S OBLIGATIONS
The Client undertakes –
6.1. to appoint a manager as a contact person to deal with all correspondence and communication with Paradigm Software.
6.2. to institute any new releases or error fixes and version of product in line with Paradigm Software’s recommendations and to keep machine operating software up to date and to pay all costs associated therewith.
6.3. not to reverse engineer, dissemble, or translate, decode or modify the product.
6.4. not to loan, rent, assign, sub-lease or in any other manner or transfer the product to any unauthorised third party.
7. SOFTWARE USER ACCESS/RESTRICITONS
7.1 Base module includes 5 Admin Users.
7.2 Users can process on one monitor and display dashboards to a 2nd monitor or wall mounted display.
7.3 User count can be changed monthly.
8. DEVELOPMENT SERVICES
8.1 All development work agreed to be done at no charge will be done subject to a minimum of a 3 month subscription payable in advance.
8.2 Certain development requests will be declined or only done at a quoted fee.
9.1. This agreement constitutes the whole agreement between the parties. No variation, addition or cancellation of this agreement or any waiver of any rights shall be of any force unless reduced to writing and signed by the parties.
9.2. No indulgence, leniency or extension of time which Paradigm Software may show to the Client shall in any way prejudice or preclude Paradigm Software from exercising its rights in the future.
9.3. This agreement and all matters or disputes arising there from or incidental thereto shall be governed and construed in accordance with the laws of the Republic of South Africa.
9.4. Paradigm Software requires the Sage Pastel Software Development Kit (SDK) Connector.
9.5. Any Sage Pastel products required are not included and must be purchased separately.
10. HARDWARE RECOMMENDATIONS
The Client acknowledges that the following system specifications are recommended by the Company for optimum performance:
|Workstation||Server 1 - 10 Users||Server 11 - 20 Users|
|Minimum||Single-core 1 Ghz||Dual-core 2 Ghz||Dual-core 2 Ghz|
|Recommended||Single-core 1 Ghz||Dual-core 2 Ghz||Quad-core 2 Ghz|
|Minimum||Microsoft Windows 7 Professional Edition||Windows Server 2008 R2 Standard Edition||Windows Server 2008 R2 Standard Edition|
|Recommended||Microsoft Windows 8 Professional Edition||Windows Server 2012 R2 Standard Edition||Windows Server 2012 R2 Standard Edition|
|Minimum||2 GB||4 GB||8 GB|
|Recommended||4 GB||8 GB||16 GB|
|Minimum||1366 x 768||1366 x 768||1366 x 768|
|Recommended||1920 x 1080||1920 x 1080||1920 x 1080|