If Customer is purchasing any of the following offerings, the additional terms and conditions set forth below for the applicable offering will apply.
Payroll Tax Process and Reporting Services (Only available in the United States)
1. Customer understands that Empower shall supply the Payroll Tax Processing Services to Customer using Customer's data, and that Customer is required to transmit accurate data to Empower, and review all draft returns provided to Customer by Empower, in a timely fashion in accordance with the requirements of the Empower Agreement.
2. Customer understands and acknowledges that all Services (including support services) rendered by Kronos and Empower will be based upon information furnished by Customer. Assuming the receipt from Customer of accurate information, timely-submitted and correct data, and, if applicable, timely funding of payroll tax liabilities by Customer, Empower assumes full responsibility to Customer for the accurate and timely payment of applicable liabilities to the proper taxing authorities, in the manner prescribed by those agencies. Should Empower fail to comply due to its negligence, Empower shall be responsible for any related penalties which may result, provided Empower has the exclusive authority to negotiate those penalties at its own expense. Payment of such penalties on Customer's behalf constitutes the sole and exclusive obligation of Empower and Kronos. Empower and Kronos are not responsible for any increased costs or penalties assessed against Customer by any taxing or governmental authority which may reasonably be considered to be the effect of prior actions or inactions by Customer, including but not limited to, prior incurred penalties. IN NO EVENT SHALL EMPOWER OR KRONOS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOST PROFITS OR OTHER SPECIAL INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THIS AGREEMENT, HOWEVER CAUSED AND WHETHER ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
Dell Ready to Run Program
1. The Dell hardware products with which the Software is bundled ("Dell Products") are subject to Dell's U.S. Terms and Conditions of Sale ("Dell Terms and Conditions"), a copy of which is shipped by Dell directly to Customer. The only warranty applicable to Dell Products, if any, is limited to the warranty stated in the Dell Terms and Conditions. Kronos reserves the right to substitute a Dell Product with another Dell Product of equal or greater functionality if the Dell Product ordered by Customer is unavailable.
2. Kronos is not responsible for support of the Dell Products and shall not be liable for any costs, damages or expenses resulting from problems with the Dell Products. Customer is to contact Dell for any problems or questions with the Dell Products.
3. The Dell Return Policy, as described in the Dell Terms and Conditions, is not available on Dell Products purchased through the Program. All other Dell Terms and Conditions shall apply as described therein.
4. The Dell Products are sized by Kronos based on the employee capacity of the Software licensed by Customer. In the event that Customer purchases additional license capacity of the Software or adds other applications to be run on the Dell Products, it may become necessary for Customer to purchase additional Dell Products in order to maintain the increased server load.
5. If Customer is sublicensing Microsoft SQL Server software as part of the Program, the following additional terms shall apply: The Microsoft SQL Server software being sublicensed hereunder ("SQL") as part of the Kronos Software is standard edition ("Runtime-Restricted Use") software; as such, SQL may only be used to run the Software. SQL may not be used either (i) to develop and/or (ii) in conjunction with, new applications, databases or tables other than those contained in the Software. The foregoing, however, does not prohibit Customer from using a tool to run queries or reports from existing tables, and/or from using a development environment or workbench, which is part of the Software to configure or extend such Software. Notwithstanding any provision of the Agreement, Customer may only transfer SQL as part of the Software. Customer also agrees to use the Microsoft SQL Server software only on the servers, processors or other electronic devices which the Software is permitted to be connected.
Dell Extended Support Program
ADDITIONAL SERVICE OFFERINGS PROVIDED UNDER EXTENDED SUPPORT PROGRAM
Installation of every other software point release is included. Kronos will perform the technical work required to upgrade your software. New feature configuration, project management, testing, and training are not included and can be ordered separately.
Database Monitoring and Performance Tuning
Kronos is responsible for monitoring and managing performance of the DBMS. This includes running all maintenance scripts such as updating statistics, free space, indexes and database integrity checks as described in Kronos Best Practices.
Kronos Application Service Packs and Legislative Updates
Service packs and legislative updates are provided and installed as required to repair reported product issues. Modifications to product or report customizations impacted by Service packs or legislative updates are not included and can be ordered separately.
Backup & Restore Assistance
Data backup configuration planning assistance. Customer is required to perform data backups. Kronos is not responsible for data loss.