Sample FileMaker Maintenance Terms

This document is a sample of the FileMaker Maintenance terms. This document does not constitute proof of your license to use the FileMaker software. These License terms are subject to change without notice.

These FileMaker Maintenance Terms ("Maintenance Terms") supplement the applicable volume license agreement ("Agreement") between the Licensee identified on the front cover of the Agreement ("Licensee") and FileMaker, Inc. and/or FileMaker International (collectively, "FMI") for the software products enrolled in Maintenance as specified on the front cover of the Agreement ("Enrolled Software"). In the event of a conflict between the terms of the Agreement and these Maintenance Terms, these Maintenance Terms shall prevail with respect to the Enrolled Software. All other terms of the Agreement provided by FMI shall otherwise apply to the Enrolled Software. PLEASE READ THESE MAINTENANCE TERMS CAREFULLY. BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE ENROLLED SOFTWARE, LICENSEE AGREES TO BE BOUND BY THESE MAINTENANCE TERMS FOR THE ENROLLED SOFTWARE.

If Licensee has paid all the applicable license and maintenance fees for the Enrolled Software, then the following terms apply to the Enrolled Software:

  1. Definitions.

    1. "Maintenance Software" includes both Upgrades and Updates.
    2. "Upgrade" means an improvement to an existing product through added functionality and/or enhanced performance. Upgrades are identified by a change in the number to the left or right of the decimal point in the product version number (e.g., an upgrade from FileMaker Pro 7.0 to 8.0, or an upgrade from version 5.0 to 5.5).
    3. "Update" means bug fix updates containing fixes, compatibility updates to maintain compliance with specifications, and standards compatibility updates to interoperate with specific standards. Updates are identified by a change in the number to the right of the "v" (e.g., FileMaker Pro 8.0v2). Updates are generally made available only through electronic download.
  2. Licensee's existing license, as well as any related warranties, conditions, disclaimers and limitations of liability under the Agreement, will extend to the Maintenance Software that is commercially released during the period between the License Date and the Expiration Date set forth on the front cover of the Agreement. FMI will provide or make available to Licensee a master copy of such Maintenance Software commercially released during this period. Licensee may use each release of the Maintenance Software solely to replace a previous version of the same Enrolled Software (i.e., Licensee may not use the Maintenance Software in addition to the copy of the Enrolled Software which the Maintenance Software is replacing). Licensee may only use the number of copies of the Enrolled Software up to the quantity enrolled and paid for under the terms of the Agreement and under these Maintenance Terms.

  3. Licensee represents and warrants that for each Enrolled Software product identified in the Agreement, Licensee has licensed valid copies of the current version of such Enrolled Software at least equal to the quantity enrolled in maintenance under these Maintenance Terms.

  4. Licensee's enrollment under these Maintenance Terms does not grant Licensee the right to acquire products bearing different names or running on different platforms from the Enrolled Software or special versions of the Enrolled Software created for certain customers or market segments, even though they may contain similar features or perform similar functions. From time to time products will be offered in the retail or other channels in different configurations as special promotions, which will not be made available under these Maintenance Terms, except in FMI's sole discretion.

  5. FMI is not obligated to provide Licensee any technical support services for the Enrolled Software under the Agreement or these Maintenance Terms. Licensee may separately order and pay for value added support services as currently offered by FMI during the term of these Maintenance Terms.

  6. MAINTENANCE SOFTWARE WILL BE DEVELOPED AND RELEASED BY FMI AND ITS LICENSORS IN THEIR SOLE DISCRETION. FMI AND ITS LICENSORS DO NOT WARRANT OR REPRESENT THAT THEY WILL DEVELOP OR RELEASE ANY MAINTENANCE SOFTWARE DURING THE TERM OF THESE MAINTENANCE TERMS. FMI AND ITS LICENSORS DO NOT WARRANT THAT THE MAINTENANCE SOFTWARE WILL BE PROVIDED TO LICENSEE OR MADE AVAILABLE WITHIN ANY SPECIFIED TIME PERIOD FOLLOWING THE COMMERCIAL RELEASE OF SUCH MAINTENANCE SOFTWARE.

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