The IVS Warranty Support & Maintenance (WSM) plan is a combination of services offered by IVS to our customers.
This document details the services included in the WSM offering. The services are broken down into:
The below document refers to the “Software” which is defined as either VALT or BEAM. The VALT & BEAM Software is wholly owned and maintained by Intelligent Video Solutions.
IVS provides a standard warranty on all hardware sold and warranty on all labor including wiring. This includes but is not limited to IVS supported products that are listed below. For any warranty replacement IVS reserves the right to replace a part or device with a comparable or refurbished model.
IVS will make a best effort to validate warranty coverage of requested equipment repair by referencing the equipment serial number with the purchase date of the equipment. If IVS is unable to obtain warranty verification and you believe the equipment should be covered you may need to provide proof of purchase. All items returned must have a valid RMA number written on the box. An RMA number will only be provided after remote diagnostics are performed by an IVS technician. Items received without a valid RMA number may be returned to Customer at Customers expense.
Optional On-Site Hardware Warranty
An on-site warranty may be purchased from IVS at an additional cost. This on-site warranty will appear as a separate line item on the initial invoice as well as each yearly renewal invoice. If this service is purchased the component warranty changes from the above to the following:
Warranty is included for all components from the date of invoice for a 3-year period. After the 3-year period components will be replaced and the material cost of the component will be billed to the customer. If the customer chooses to not renew the yearly WSM all hardware will revert to OEM manufacturer warranty and the customer will need to work directly with the component manufacturers to obtain any related warranty services. IVS does not provide warranty services for products not provided by IVS.
Optional Extended Hardware Warranty
An extended hardware warranty may be purchased from IVS at an additional cost. This extended hardware warranty will appear as a separate line item on the applicable invoice. If this service is purchased the component hardware warranty will extend beyond the 3rd year in 1 year increments equal to the number purchased. The maximum number of years this service can be extended for will be at IVS’s discretion.
IVS does not proactively monitor the health of customer systems. Any issues or concerns must be reported by the customer using the methods described in the “Obtaining Warranty Service” section below. The delivery of any warranty service provided by IVS does not cover problems attributed to the following:
Obtaining Warranty Service
To request warranty services please contact Intelligent Video Solutions (IVS) by phone: 262-746-9290 #2 (monitored 8-5 M-F CST) by email: [email protected] (monitored 8-5 M-F CST) or using our support booking calendar: https://ipivs.com/book. Prior to sending a system in for service you should back up any data on the hard drives you wish to maintain. Any removable media should be removed from the system or device (do not remove the license key). If you are sending a system in for depot repair do not include any accessories with the system. IVS will not accept any liability for lost customer data or software. Any cost associated with lost data or reconstructing data stored on removable media will not be covered under this warranty.
IVS makes no express or implied warranties beyond those stated in the warranty section. IVS disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. Some states do not allow limitations on implied warranties. IVS’s responsibility for malfunctions and defects in hardware is limited to repair and replacement set forth in this warranty statement. IVS does not accept liability beyond the remedies set forth in this warranty statement or liability for incidental or consequential damages, including without limitation any liability for products not being available for use, additional customer time or labor associated with service, or for lost data or software.
The Software Support Agreement (SSA) is an annual subscription that includes:
The SSA is part of the IVS Warranty Support & Maintenance (WSM) bundle.
The term is 12 months starting after the invoice date.
Vendor Responsibilities (IVS)
IVS will notify Customer of enhancements, updates and bugfixes these will be published in one of the following methods: IVS’s website or wiki, email, telephone or written letter. IVS will, from time to time, notify Customer with relevant documentation revised to reflect significant updates and enhancements to the Software made by IVS, if any, while the customer is under SSA using one or more of the following methods: IVS’s website or wiki, email, telephone or written letter.
IVS will supply Customer with reasonable means of accessing and applying modifications and enhancements to the Software, through the use of a network download or remote session. IVS is not obligated under this Agreement to perform on-site installation of modifications and enhancements to the Software.
Customer agrees to follow the IVS’s minimum hardware and software requirements in order for the Software to function properly in a production environment. Customer agrees that IVS is not responsible, nor obligated to change the Software due to Customer’s change in business practices, polices or procedures. However, Customer may request new features or upgrades to accommodate all or part of said practices, polices or procedures. Customer acknowledges that it is the sole responsibility of the Customer, at all times, including specifically during all service functions performed by IVS pursuant to this Agreement and undertaken on the Customer’s local installation of the supported Software, to protect and maintain an up-to-date and restorable backup of any and all related databases and files. Customer also must provide and keep up to date proper contact information for notification purposes.
The Customer may receive support by calling IVS’s telephone support phone number, email or by booking a support appointment.
Support assistance may be delivered by telephone, email and/or remote assistance via a web meeting. Support will be provided to the Customer for assistance with software bugs, repair of known issues, troubleshooting of software malfunctions, installation and deployment, general questions, end user questions, software administration and best practices procedures. IVS is not responsible for software or hardware of third parties, but may, at the discretion of the support engineer, assist in troubleshooting these third-party hardware/software issues as they relate to the IVS Software. IVS will give reasonable assistance to Customer in installing and operating any new release or enhancement, provided, however, that if such assistance is to be provided onsite, such services will be charged at IVS’s then current consulting rate.
While the customer is under the SSA, IVS will provide the Customer with patches, bug fixes, and new releases of the Software along with other generally available technical material. All patches, bug fixes and releases shall be subject to the license agreement related to the Software.
If under SSA the customer is eligible for all software upgrades. Customer agrees that the releases of software upgrades are at the sole discretion of the IVS and shall follow the IVS’s internal quality standards. Further, IVS will choose software features to be depreciated or included. If a customer not engaged in a current SSA wants a software upgrade they will be required to purchase an upgrade at a rate of the IVS’s current upgrade pricing.
If under the SSA the customer is eligible for all Software upgrades. Customer agrees that the releases of Software upgrades are at the sole discretion of the IVS and shall follow the IVS’s internal quality standards. Further, IVS will choose Software features to be depreciated or included.
Optional 24×7 Support
24×7 support is available at an extra cost. This service is purchased on a yearly increment and appears as a separate line item on the applicable invoice. Customers who have purchased this service are given a different support number and are able to call that support number 24 hours a day 7 days a week with the exception of IVS holidays. Note when requesting support outside normal business hours Customers must use the 24×7 phone number. This is the only support option monitored 24×7 and is only provided to customers who have purchased the 24×7 support service.
Not all calls may be resolved while the technician is on the phone. Some calls require testing and/or assistance from our development department to resolve. IVS will keep the designated contact person updated as to the status of the open call if the problem cannot be resolved while on the phone with the technician.
If a customer not engaged in a current SSA wants a Software upgrade or technical support they will be required to purchase a WSM for a minimum of 1 year and may be subject to a re-activation fee.
This Service Level Agreement “SLA” covers all support and maintenance services provided by Intelligent Videos Solutions “IVS” to the customer relating to the VALT (“Video Audio Learning Tool”) and BEAM Software packages. This agreement is effective from the date of installation of the VALT Software and will continue while the customer is under an active support and maintenance agreement.
This agreement is subject to change at the discretion of Intelligent Video Solutions.
Intelligent Video Solutions will provide technical assistance and troubleshooting for the following items:
At the customer’s request Intelligent Video Solutions will perform requested maintenance on customer owned VALT physical and virtual appliances. These maintenance activities may include the following:
All maintenance requests must be scheduled with IVS and must occur during the support hours stipulated in this agreement.
Intelligent Video Solutions will perform updates to the VALT Software periodically. Notice of all major releases will be provided to the customer within 30 days of release. This notice may take the form of on IVS’s website or wiki, email, telephone or written letter. All updates must be requested by customer and scheduled a minimum of 24 hours in advance with IVS. No updates will be applied to a customer owned appliance without prior approval from the customer.
Intelligent Video Solutions will not be responsible for any support for equipment provided by or installed by an authorized reseller or other third party. For the purposes of this SLA, a customer performing a self-install will be considered a third-party installer. The only exception to this policy will be the VALT Software, which IVS will provide support for. Any issues that IVS identifies as being related to hardware provided by a reseller or installation work completed by a third-party installer, will be the responsibility of the that party to resolve.
Intelligent Video Solutions will classify all support and maintenance requests with a severity level according to the following list. The severity level will be used to determine the required response time as stipulated in the Target Response Section below. When determining a severity level, the following conditions will be taken into consideration:
Severity Level 1
VALT application is completely down and unusable. The customer’s workflow is severely impeded by the outage of the video recording software.
Severity Level 2
VALT application is experiencing a critical issue resulting in reduced functionality. This issue is directly impacting the customer’s workflow.
Severity Level 3
The issue relates to the VALT application, but does not affect all users of the system. Most users are able to utilize the VALT software without issue or the issue does not significantly impact the customer’s workflow.
Severity Level 4
The issue is maintenance related and does not significantly impact the customer’s workflow.
Severity levels often cannot be properly assigned until the situation is assessed by an IVS technician.
All issues will be assigned a severity level based upon the initial reporting. That severity level may be adjusted after an IVS technician has reviewed the situation.
Target Response Times
Any issues submitted during covered support hours will be assessed by an IVS technician and assigned a priority. IVS will make every effort to respond to all support issues in a timely manner. The chart below outlines the target response times for all issues based on severity. All times listed are based on covered support hours. Any issues submitted outside support hours will be treated as having been submitted at the beginning of the next support day.
Target Response Time
Intelligent Video Solutions recognizes that resolution of an issue may require multiple resources both from IVS, the customer, and third parties. As such, IVS offers no guarantees or warranties as to resolution timeframe for any reported issue. All issues will be resolved on a best effort basis.
All support and maintenance issues should be submitted to IVS via one of the methods listed below.
Any issues submitted via email will automatically be classified as a severity three or below. IVS should always be notified of critical issue via phone. The customer acknowledges by submitting an issue via the booking page that they are selecting a support time of their choosing and forgo any expectation of response times listed in this document. Support issues should not be reported directly to any IVS employee or contractor. IVS cannot guarantee response time or resolution of any issues not reported to IVS customer support in the appropriate manner.
Unless stated otherwise, all services associated with the maintenance and support of the VALT application and related equipment will be covered under the VALT maintenance and support agreement.
The maintenance and support agreement covers remote support services only. Any issues that cannot be resolved remotely which require a site visit from a VALT technician or contractor, may be billable. Billing for such services may include both on site hours and travel expenses.
Intelligent Video Solutions, LLC
END USER LICENSE AGREEMENT
for IVS VALT SOFTWARE and Related Software Products and Services
Thank you for choosing software (“Software”) from Intelligent Video Solutions (IVS). This End User License Agreement (this EULA) is a legally binding license agreement between you and IVS that describes your rights to use this software and services provided by IVS. IF YOU DO NOT AGREE TO EACH AND EVERY TERM AND CONDITION OF THIS EULA, YOU MAY NOT USE ANY SOFTWARE PROVIDED BY IVS. THIS EULA IS AN AGREEMENT TO LICENSE SOFTWARE, NOT AN AGREEMENT FOR THE SALE OF SOFTWARE.
For adequate consideration, IVS and End User (“You”) agree as follows:
1. Software Licensed, Not Sold. The Software is licensed, not sold. This EULA does not transfer or modify any ownership rights related to the Software, which are exclusively held by IVS.
2. License Grant to the Software. Subject to the terms of this EULA and of applicable fees, IVS hereby grants you a limited, worldwide, nonexclusive, nontransferable, revocable license, without rights to sublicense, to download and install the Software on one (1) server, and to use the Software for the purposes set forth in the applicable Software documentation, to the extent permitted by your payment of applicable fees and any specifications of your specific license grant and license type.
3. Title. IVS retains all right, title and interest in and to the Software.
4. Intellectual Property Rights Confidential. The IVS VALT Software is valuable trade secret(s) and the confidential and proprietary information of IVS. The Software and any copies thereof are the exclusive intellectual property of IVS and protected by copyright laws and international treaties and as well as other intellectual property laws and treaties. The structure and organization of the Software, along with its source code and object code, are confidential information and valuable trade secrets of IVS. You agree that any disclosure by you of this confidential information will cause immediate, irreparable harm to IVS for which a court of competent jurisdiction may award equitable remedies, as well as any other available legal remedies. IVS does not grant you any intellectual property rights in or to the Software. You agree to maintain the confidentiality of the Software, License Keys, and other intellectual property of IVS using your best efforts, and in no case less than reasonably prudent care for extremely sensitive and proprietary confidential information. You agree to reasonably communicate the terms and conditions of this EULA to those persons employed or engaged by you, or who otherwise come into contact with the Software, and other intellectual property of IVS, and to use best efforts to ensure their compliance with the terms and conditions of this Section 4.
5. Termination. IVS may terminate this EULA immediately and without notice if you fail to comply with any term of this EULA or fail to timely pay any amounts due IVS.
6. Effect of Termination. In the event of termination, you must immediately and completely cease using the Software in any way, and destroy all copies of the Software.
7. Limited Warranty. IVS warrants that the Software will substantially conform to the description contained in the applicable end user documentation for a period of 90 days after the earlier of the date IVS provides the Software or the date you downloaded the Software. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IVS PROVIDES THE SOFTWARE AND SERVICES WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION WITH YOU, AND IVS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IVS DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL MEET YOUR NEEDS OR THAT THE SOFTWARE OR SERVICES WILL BE OR PROVIDE FOR ERROR FREE OPERATION OR OPERATION WITHOUT INTERRUPTION. IN THE EVENT YOU OBTAINED THIS LICENSE FROM A RESELLER, DISTRIBUTOR, OR OTHER THIRD PARTY, IVS SHALL HAVE NO OBLIGATION TO YOU UNDER ANY WARRANTY GIVE BY SUCH RESELLER, DISTRIBUTOR, OR THIRD PARTY, OR THEIR RESPECTIVE AGENTS OR EMPLOYEES.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IVS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA,OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE RELATED TO THE SOFTWARE, SERVICES, OR OTHER SUBJECT MATTER HEREOF. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INDIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
IVS’S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE FEES, IF ANY, PAID BY YOU FOR THE SOFTWARE AND SERVICES LICENSED TO YOU UNDER THIS EULA. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER IVS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU AND IVS AGREE THAT, GIVEN THE PRICE OF THE SOFTWARE AND THE NATURE OF THE CIRCUMSTANCES, THE PRECEDING LIMITATIONS ARE FAIR AND REASONABLE.
9. Taxes. You shall be solely responsible for, and shall pay directly, all taxes, duties, and charges incurred related to this EULA or the Software or Services.
10. Entire Agreement. This EULA sets forth IVS’s entire liability and your exclusive remedy with respect to the Software, Services, and other subject matter hereof, and supersedes the terms of any purchase orders and any other communications or advertising with respect to the Software. ANY PURCHASE ORDER OR OTHER DOCUMENT PROVIDED BY OR RECEIVED FROM YOU SHALL BE FOR YOUR INTERNAL USE ONLY AND SHALL NOT BE APPLICABLE TO IVS NOR SHALL IT MODIFY THE TERMS OF THIS EULA OR GOVERN YOUR USE OF THE SOFTWARE. IVS REJECTS ANY TERMS CONTAINED IN YOUR PURCHASE ORDERS OR SIMILAR DOCUMENTS.
11. Notices. Notices required by or related to this EULA from you must be sent via U.S. Mail or reputable overnight carrier, return receipt requested, to IVS’s then current mailing address, which is presently W222N615 Cheaney Rd Suite A, Waukesha, Wisconsin 53186.
12. Severability. If a provision of this EULA is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this EULA will not be affected.
13. Relationship of You and IVS. This EULA shall not be construed to create any employment, partnership, joint venture, franchise, or agency relationship between you and IVS, or to authorize either party to enter into any commitment or agreement binding on the other party.
14. Governing Law. This EULA will be governed by the laws of the State of Wisconsin without regard to its choice of law principles. Any dispute under this EULA will be venued in Waukesha County, Wisconsin.
15. Contact Information. If you have any questions about this EULA, please contact IVS at ipivs.com.
16. Survival of Terms. These terms shall survive termination of this EULA.
Field Installation Services
Intelligent Video Solutions will provide technicians to install the necessary hardware and cabling to complete the solution as outlined in the quotation.
Field installation services include:
Field Engineering/Training Services
Intelligent Video Solutions will provide an engineer to custom configure the VALT software to meet the specific needs of the customer. Included in the set up and configuration of the head end is the following:
Installation Service Postponement or Cancellation Notice