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MENDELSON SUPPORT & MAINTENANCE PACKAGE (SMP) TERMS OF USE

These Terms of Use govern the optional Support & Maintenance Package (“SMP”) offered by mendelson for a mendelson software product and edition licensed by you (“Software”).

SMP may be purchased together with a Software license or separately for an eligible existing license. Unless otherwise stated for a specific product or offer, an SMP term (“Support Period”) is one (1) year.

The annual SMP price is generally 18% of the applicable license price for the respective Software product and edition. The price shown in the applicable offer, order, renewal notice or shop at the time of purchase shall apply.

1. Software without SMP

If you do not have an active SMP, the Software remains licensed to you in accordance with the applicable mendelson End-User License Agreement (“EULA”), but you are not entitled to technical support, maintenance releases, updates or upgrades under SMP.

mendelson may, at its sole discretion, make individual fixes, maintenance releases or other updates available without an active SMP. Such voluntary availability does not create any entitlement to future support, maintenance releases, updates or upgrades.

2. Updates, Releases and Upgrades

During an active Support Period, you are entitled to receive maintenance releases and updates made generally available by mendelson for the Software product and edition licensed by you.

You are also entitled to receive new releases of the same Software product and the corresponding edition that become available during your Support Period, provided that such release is covered by SMP.

Software, modules, functionality or services introduced and marketed by mendelson as separate products are not included in SMP unless expressly stated otherwise.

Maintenance releases, updates and new releases may contain corrections, technical changes, security improvements, compatibility changes and/or additional functionality. mendelson does not guarantee that every release will contain new features.

3. Technical Support

During an active Support Period, mendelson provides technical support for questions and issues directly related to the operation of the licensed Software.

Support is normally provided through mendelson's designated support form or by e-mail.

mendelson will use commercially reasonable efforts to respond to support requests, typically within one to two (1–2) business days during European business hours. Response times are not guaranteed unless expressly agreed otherwise in writing.

Technical support under SMP is limited to issues directly related to the operation of the licensed Software.

General consulting, implementation work, project assistance, configuration services, creation or modification of customer-specific files, mappings or processes, and other professional services are not included in SMP. Such services may be provided separately as mendelson Product Consulting.

4. Software Errors

During the Support Period, you may report Software errors to mendelson.

If mendelson determines that a reported, reproducible and material error exists and significantly impairs the intended use of the Software, mendelson will use commercially reasonable efforts to provide a correction or reasonable work-around.

A correction or work-around may be delivered through a maintenance release, update or later release of the Software at a time determined by mendelson.

mendelson is not obligated to correct errors that are immaterial or do not significantly affect the intended use of the Software.

If requested, you shall provide sufficient information to reproduce and analyze the reported issue. This may include log files, configuration information, example files, error messages, screenshots or other relevant technical information.

You agree to reasonably cooperate with mendelson in diagnosing reported issues.

5. Customer Responsibilities

You are responsible for the proper installation, configuration and operation of your systems and for maintaining an appropriate technical environment for the Software.

This includes, where applicable:

  • maintaining supported operating systems, databases, Java environments and other required third-party components;
  • installing relevant Software updates or releases where reasonably required for continued support;
  • maintaining adequate backups and recovery procedures;
  • protecting your systems, credentials, data and confidential information;
  • providing mendelson with sufficient technical information to analyze reported issues.

Updates to operating systems, databases, application software, network infrastructure or other third-party products are not included in SMP unless expressly stated otherwise.

6. Limitations of Support

mendelson is not obligated to provide support or corrections for problems caused primarily by circumstances outside the Software, including but not limited to:

  • unauthorized modification of the Software;
  • incorrect installation, configuration or operation;
  • unsupported or incompatible third-party software or infrastructure;
  • failure or malfunction of hardware, networks, operating systems, databases or other external systems;
  • malware, security incidents, natural disasters, power failures or comparable external events;
  • use of an obsolete Software release where mendelson has reasonably requested an update to a supported release.

Where an issue involves third-party systems or software, mendelson may assist in identifying the source of the issue but is not responsible for correcting defects in third-party products.

7. Term and Renewal

SMP is valid for the Support Period stated in the applicable order, invoice or renewal confirmation.

Unless expressly agreed otherwise, the Support Period is one (1) year.

SMP does not automatically renew unless an automatic renewal arrangement has been expressly agreed.

After expiration of the Support Period, entitlement to SMP services ends unless SMP is renewed.

Renewal pricing is based on the applicable license price and SMP pricing rules in effect for the relevant renewal period. Where mendelson has issued a specific renewal invoice or offer, the amount stated in that invoice or offer applies to that renewal period.

8. Relationship to the Software License

SMP does not grant a separate Software license and does not modify ownership or license rights in the Software.

Your use of the Software remains governed by the applicable mendelson End-User License Agreement or other applicable software license agreement.

mendelson's obligations under SMP are contingent upon your continued compliance with the applicable Software license terms.

9. General

These SMP Terms of Use apply unless different or additional terms have been expressly agreed in writing for a particular customer, product or service.

In the event of a conflict between these general SMP Terms of Use and a specific written agreement or offer accepted by mendelson and the customer, the specific agreement shall prevail with respect to the conflicting provision.

Last updated: 2026-11-11