If you use WebProvise’s API Code Support Services (“Code Support”), WebProvise will provide support for those aspects of code development and/or troubleshooting related to integrating and deploying applications with WebProvise Services. Code Support is limited to distinct, isolated issues within WebProvise’s scope of services. You acknowledge that Code Support is provided on a best efforts basis as described in the Agreement and while WebProvise will endeavor to troubleshoot and provide workarounds for code development issues, WebProvise makes no guarantee that Code Support includes resolution of code development issues submitted to WebProvise. WebProvise does not guarantee that any code developed as part of the Code Support will be error free or secure. Code developed as part of Code Support must be tested in a non-production environment. To the maximum extent permitted by law WebProvise disclaims any and all warranties not expressly stated, including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
Code Support does not include the following:
• making changes within the customers active product code
• support of the underlying application itself or application code review
• high-level design
• unsupported third-party technologies utilization and integration
• assistance with changing the software internals
• support for non-specific code issues (for example, creating code for a project)
If you use Code Support, and submit code to WebProvise in connection with the services (“Customer Code”), you represent and warrant that you have the right to distribute and modify Customer Code provided to WebProvise in connection with Code Support. You also represent and warrant that additional licenses are not necessary for WebProvise to use Customer Code as required under Code Support. You agree that if we, our affiliates, or any of our or their respective employees, agents, or suppliers is faced with a legal claim by a third party alleging facts that constitute a breach of your representations and warranties in this Section, then you will pay the cost of defending the claim (including reasonable attorney fees) and any damages awared, fine or other amount imposed on WebProvise as a result of the claim. Each of us retains all right, title and interest in and to our respective trade secrets, inventions, copyrights and other intellectual property owned or developed prior to the performance of the Code Support. Customer grants WebProvise a royalty-free, non-exclusive, sub-licensable, worldwide license to reproduce, modify and distribute Customer Code for the sole purpose of enabling WebProvise to provide Code Support in accordance with the Agreement. Any intellectual property developed by WebProvise during the performance of the Code Support shall belong to WebProvise.
To the extent that Customer Code includes any open source code, the parties agree that WebProvise may contribute any modifications or developments it makes to open source code to an open source project. Customer shall at all times be solely responsible for any loss or restoration of altered files, data, programs or code.