Technical Support and Training. 17.1. With effect from the Commencement Date and for the duration of this Agreement the Licensor shall provide in respect of each of the MMS Licensed Programs such category of Technical Support within such Response Time as shall be indicated in Part 11 of the Information Schedule. 17.2. The Licensee shall supply in writing to the Licensor a detailed description of any fault requiring Technical Support and the circumstances in which it arose forthwith upon becoming aware thereof. 17.3. Technical Support shall not include the diagnosis and rectification of any fault resulting from - 17.3.1. the improper use, operation or neglect of the MMS Licensed Program Materials or the equipment on which they are operated; 17.3.2. the modification of the MMS Licensed Programs or their merger (in whole or in part) with any other software, unless such modification or merger has been carried out with the written consent of the Licensor and, in such event, has been carried out in accordance with any conditions or restrictions set out by the Licensor in such written consent; 17.3.3. the use of the MMS Licensed Programs on any equipment other than that for which they are specified; 17.3.4. the failure by the Licensee to implement recommendations in respect of or solutions to faults previously advised by the Licensor; 17.3.5. any repair, adjustment, alteration or modification of the MMS Licensed Programs by any person other than the Licensor without the Licensor’s prior written consent; 17.3.6. the Licensee’s failure to install and use any MMS New Release within 14 days of receipt thereof; 17.3.7. the use of the MMS Licensed Programs for a purpose for which they were not designed. 17.4. The Licensor shall upon request by the Licensee provide Technical Support notwithstanding that the fault results from any of the circumstances described in Clause 11.3 above. The Licensor shall in the circumstances described in Clause 11.3 above be entitled to levy additional charges at its then time and materials charge rates, which shall be payable by the Licensee (together with value added tax thereon) within 30 days of receipt of an invoice therefor. 17.5. The Licensor shall provide to the Licensee the training referred to in Clause 8.2 above plus the training set out in Part 12 of the Information Schedule at no additional fee to the Licensee, provided that the cost of travel and accommodation in providing such training shall be for the account of the Licensee. All training in addition thereto shall be provided at the Licensor's then standard rates for the provision of training.
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Technical Support and Training. 17.1. With effect from the Commencement Date and for the duration of this Agreement the Licensor shall provide in respect of each of the MMS Licensed Programs such category of Technical Support within such Response Time as shall be indicated in Part 11 of the Information Schedule.
17.2. The Licensee shall supply in writing to the Licensor a detailed description of any fault requiring Technical Support and the circumstances in which it arose forthwith upon becoming aware thereof.
17.3. Technical Support shall not include the diagnosis and rectification of any fault resulting from -
17.3.1. the The improper use, operation or neglect of the MMS Licensed Program Materials or the equipment on which they are operated;
17.3.2. the modification of the MMS Licensed Programs or their merger (in whole or in part) with any other software, unless such modification or merger has been carried out with the written consent of the Licensor and, in such event, has been carried out in accordance with any conditions or restrictions set out by the Licensor in such written consent;
17.3.3. the The use of the MMS Licensed Programs on any equipment other than that for which they are specified;
17.3.4. the The failure by the Licensee to implement recommendations in respect of or solutions to faults previously advised by the Licensor;
17.3.5. any Any repair, adjustment, alteration or modification of the MMS Licensed Programs by any person other than the Licensor without the Licensor’s prior written consent;
17.3.6. the The Licensee’s failure to install and use any MMS New Release within 14 days of receipt thereof;
17.3.7. the The use of the MMS Licensed Programs for a purpose for which they were not designed.
17.4. The Licensor shall upon request by the Licensee provide Technical Support notwithstanding that the fault results from any of the circumstances described in Clause 11.3 above. The Licensor shall in the circumstances described in Clause 11.3 above be entitled to levy additional charges at its then time and materials charge rates, which shall be payable by the Licensee (together with value added tax thereon) within 30 days of receipt of an invoice therefortherefore.
17.5. The Licensor shall provide to the Licensee the training referred to in Clause 8.2 above plus the training set out in Part 12 of the Information Schedule at no additional fee to the Licensee, provided that the cost of travel and accommodation in providing such training shall be for the account of the Licensee. All training in addition thereto shall be provided at the Licensor's then standard rates for the provision of training.
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