Capitalized terms not defined in this document have the meaning assigned to them in the General Terms. This policy describes the Offering Types and associated Offering Benefits provided by Lemoine. Offering Benefits may vary depending on the Offering and may be updated from time to time. Notice of any updates will be posted on this page.

Definitions

“Administrator” or “Admins” means personnel who You authorize to use Lemoine user management capabilities to manage access to Offerings and related Offering Benefits.

“Lemoine ID” means a unique identification used by Lemoine to identify a specific, unique individual Authorized User/Workstation.

“Electronic Devices” mean (i) computers (whether desktop, laptop or tablet); (ii) virtual machines not accessed through a network connection; and (iii) mobile devices.

“Offering Benefits” means the various benefits available for each Offering, including Plan Benefits.

“Offering Types” means the types of subscription available for each Offering.

“Plan Benefits” means the administrative, customer, technical, and other support provided by Lemoine for certain Offerings.

Offering Types

Lemoine offers the following Offering Types:

• Single-User
• Multi-User, which may be described or labeled as “floating, multi-user, network” or similar

Each Offering Type, its associated Offering Benefits, and its legal terms and conditions are set forth below. Offering Benefits shall only be available as expressly provided below and, as applicable, in the section titled “Plan Benefits” herein.

Single-User

Single-User supports individuals that seek to use Lemoine products on their own. For any Single-User Offering, each Authorized User must be assigned a unique Lemoine ID. The Authorized User must install and/or access the Single-User Offering, and no other workstation may use the same Lemoine ID to access and/or use such Offering.

Multi-User

Multi-User supports Teams that seek to use Lemoine products. For any Multi-User Offering, Your Authorized Users are limited to: (a) Your individual employees, and (b) Your consultants and contractors, to the extent they work on Your premises and/or on computers and other Electronic Devices owned or leased by You. Your Authorized Users may access and/or use the Offerings solely for Your internal business needs. The number of concurrent Authorized Users may not exceed the maximum number of Authorized Users as specified in Your subscription documentation or other technical limit or subscription limit imposed by Your subscription. Your Authorized Users may access the Offerings via Your local area network (LAN) or virtual private network (VPN), but either such network must use current industry standard security, encryption and protection practices to prevent unauthorized use.

You may (i) install the license server component of the Software to which You have subscribed on an Electronic Device within Your local area network acting as a file server; and (ii) install copies of the corresponding Software on Electronic Devices used by Your Authorized Users.

Plan Benefits

Offering Benefits are described by Offering Type in the section titled “Offering Types” herein. In addition to Offering Benefits, Lemoine provides Plan Benefits for Offerings according to the type of Offering and the plan. Plan Benefits may include administrative, customer, technical, and other support, as described in this section.

Plan Benefits may include any of the following, as described herein:

• Standard Support
• Insights and Recommendations
• Virtualization, and
• Viewers

Lemoine will provide support in English to an Authorized User whom You have designated to submit support requests and receive technical support for Your Offerings (a “Support User”), though other languages may be available on request. Administrators may qualify as Support Users for select Plan Benefits.

Lemoine will provide Support via web, email, or other modes as described below. Support requests are prioritized by severity level as reasonably determined by Lemoine. Lemoine is not obligated to provide technical support to Viewers, for Trial Versions or previous versions of Offerings, for incidents caused by computer hardware not supplied by Lemoine, third party software not supplied or specified by Lemoine, inadequate training of Your Authorized Users on use of the Offerings (excluding Trial Versions), or use of Offerings (excluding Trial Versions) in a manner inconsistent with these Terms or the General Terms.

Your Support Users must submit a valid support request unless otherwise directed by Lemoine. To submit a valid support request, Your Support Users must: (a) provide Lemoine with any information reasonably requested by Lemoine to provide support; (b) follow all instructions and perform any preliminary troubleshooting or problem analysis procedures made available by Lemoine; and (c) implement any fixes, corrections, or workarounds recommended by Lemoine. Lemoine may engage third parties to assist in the delivery of technical support under Lemoine’s direction.

Lemoine will use commercially reasonable efforts to respond to web or email support requests within one (1) business day during the applicable support workweeks.

Support via Other Modes. Lemoine may offer support via other modes beyond web and email from time to time (for example, online chat, request a callback, schedule a call, remote desktop troubleshooting, or access to curated technical support resources, including articles, videos, and similar content). Modes of support may differ depending on Your Offering. Additional terms may apply to these modes of support, including but not limited to conditions relating to technical requirements. Not all modes of support will be available in every region or every language.

Adoption Support. Lemoine may also provide deployment, set up, or adoption assistance for selected Offerings in its sole discretion. Additional fees and other terms and conditions may apply to these services. Not all modes of adoption support will be available in every region or every language.

Insights and Recommendations

Lemoine may provide You with general advice and direction, information, recommendations, insights, estimates, projections, and opinions in connection with Your Offerings. Such guidance and information are provided for informational and general discussion purposes only and do not constitute specific advice; guarantee any business, financial, or other outcome; or create a binding agreement with Lemoine. You must conduct your own independent analysis and assessment before acting on any of the guidance or information provided.

Lemoine is not obligated to provide You with electronic or physical media, authorization codes, or activations for any previous version. Installation of and access to any previous version is subject to the terms and conditions that apply to such previous version. If Lemoine provides You with ancillary products that enhance or supplement the previous version, installation and access to such ancillary products are subject to the terms and conditions that accompany such ancillary products and the terms and conditions that apply to the previous version that the ancillary product is intended to enhance or supplement. You must follow the processes and policies, if any, set out from time to time by Lemoine to request and obtain previous versions. If Your subscription expires or otherwise terminates, Your rights to use all previous versions covered by that subscription terminate, and You must immediately uninstall and stop accessing such previous versions.

Virtualization

Notwithstanding anything to the contrary contained in Section 10.2 (Acceptable Use of Offerings) of the General Terms, if You have purchased an eligible Offering, You may access and use such Offering on or via the internet or via wide-area network (WAN), other non-local network, or virtual private network (VPN) (“Virtualization”). Not all Offerings are eligible for Virtualization.

Lemoine will support any eligible Software that You virtualize, except for: (a) support requests where the reported incident cannot be reproduced by Lemoine on a physical machine, outside of any virtualization environment, and (b) incidents caused by or related to any third-party virtualization software or Your virtualization environment, including, without limitation, no obligation to assist with compatibility or interoperability issues related to use of any Software with any third-party virtualization software or Your virtualization environment.

Certification Disclaimer; Assumption of Risk. Lemoine may publish information regarding use of Software in virtualized environments (“Certification Information”) from time to time on the Lemoine Knowledge Network and similar Lemoine web properties, in Documentation, or in other locations. Such Certification Information are provided merely as a convenience to You for informational purposes and reflect only such limited testing as Lemoine has performed with respect to specific versions of specific Software used with specific third-party Virtualization technologies and/or specific Virtualization environments. Certification Information is provided on an “as is” basis and may contain errors, inaccuracies, incomplete information and other misstatements. If You intend to use Virtualization, You should perform Your own independent compatibility assessment before doing so.

By using Virtualization, You acknowledge that such Certification Information does not constitute any form of promise or commitment of any particular level of compatibility between any Lemoine Software and any third-party virtualization technology. If You use Virtualization for an Offering, You assume all risks associated with such use, including, but not limited to incompatibility between Software and third-party Virtualization technology and/or Your Virtualization environment.

Viewers

For some Offerings, You or Your Authorized User may grant read-only access to Your purchased Offering to certain individuals, subject to reasonable technical limitations that Lemoine may impose at any time without notice. Viewer access is limited to the individual who was granted access and must not be shared with any other individual or entity. Viewers may view Your Content within the Offering but may not be permitted to edit, provide input, or otherwise modify Your Content. Unless provided otherwise in these Terms or the Special Terms, Your Administrator may revoke Viewer access at any time, and Viewer access will terminate when Your Administrator revokes such access or, for some Offerings, when Your paid subscription period expires or terminates, whichever is earlier.

Lemoine makes no promise, warranty, or guarantee to Viewers or their access to Your Content. Lemoine disclaims all liability with respect to Viewers. Viewers are not entitled to any Subscription Benefits, including support. Lemoine reserves the right, without further notice, to suspend or terminate Viewer access at any time.

Success Materials

Lemoine will provide You with access to materials created to assist with Your onboarding and use of Plan Benefits and may include onboarding documentation, tools, and similar aids (“Success Materials”). Success Materials may include repeatable packaged services, curated technical support resources, and other training or informational content (e.g., articles, videos, webinars) which are designed to provide best practice guidance or assist with onboarding and adoption of Your Offerings (“Accelerators”). You are responsible for requesting access, independently evaluating, and using the Success Materials. Success Materials and Accelerators are available to You during the Support term and subject to change without notice.

All Accelerators are made available on an “as is” basis without warranty of any kind, and You access and use them at your own risk. Lemoine shall have no liability for any actions taken or results obtained by You through use of Your Success Materials.

All Success Materials are the Confidential Information of Lemoine. Lemoine reserves all intellectual property rights in and to Success Materials worldwide. You may not copy, modify, disclose, or distribute Success Materials for any reason without the express written license of Lemoine.