29.137We will provide you with reasonable email support twenty four hours a day, seven days a week. This 24/7 email support includes the following assistance: (a)logging in and T-MDM platform access; (b)resolving problems with features and functions of the T-MDM platform not working as designed; (c)Supported Device connectivity to your T-MDM platform; and (d)escalation of technical faults in relation to your T-MDM platform. 29.138The following is excluded from this 24/7 email support: (a)training or demonstrations; (b)customer purchased equipment configuration; (c)third party software configuration or troubleshooting; (d)customer or third party settings on the devices that are not working; and (e) registering and maintaining your Compatible Devices on your T-MDM platform. 29.139If you use a Supported Device overseas then we may only be able to provide limited support to you. 29.140To request technical support for a Supported Device, you must contact the Telstra helpdesk at 1800 010 253 (for high severity events) or send your support query by email to tmdm@team.telstra.com. Depending on the nature of the problem, we may require you to perform troubleshooting activities.
Additional obligations and acknowledgements
29.141Subject to any non-excludable rights under consumer protection laws in relation to our provision of the T-MDM service, while we will use reasonable care and skill in providing T-MDM: (a)you must test any settings or software before they are sent to your End Users' Compatible Devices over the T-MDM service; (b)we do not warrant that the T-MDM service will meet all of your or your End Users' requirements or expectations; (c)we do not warrant or represent that the T-MDM platform is free from errors or omissions, programming bugs or viruses or secure; and (d)the availability of the T-MDM platform may be subject to numerous factors, including routine maintenance and factors outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that the availability of the T-MDM platform will be continuous or uninterrupted, that any defects will be corrected, or that the T-MDM platform or server that makes it available are free of viruses. 29.142You may have non-excludable rights under consumer protection laws in relation to the T-MDM service. Subject to any non-excludable rights: (a)we exclude all liability in tort (including negligence), contract, statute or otherwise for any loss, expenses or damage, incurred by you, your End Users or a third party in connection with the provision of the T-MDM service, including (but not limited to) any: (i)liability for illness, personal injury or death to you, your employees, agents and contractors; (ii)loss or damage that was not reasonably foreseeable; (iii)loss or damage that was caused by your breach of contract or your negligence; and (iv)loss or damage caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission); (b)we exclude all other warranties, rights and remedies you would otherwise be entitled to at law; and (c)if we breach any such non-excludable rights, and it is fair and reasonable to do so, we limit our liability to correcting any error in relation to the T-MDM platform. 29.143You must take reasonable steps to minimise the extent of any loss or damage you may suffer as a result of the provision of the T-MDM service. 29.144You indemnify us for any loss we suffer as a result of you, your nominated representative(s) or your End Users breaching this clause 28. 29.145You agree that we may provide your contact details and all other necessary information to AirWatch (Australia) Pty Ltd or Citrix Systems Asia Pacific Pty Ltd for the purposes of arranging installation of your software and associated services.
T-MDM Shared Platform End User Licence Agreement (AirWatch)
29.146Your and your End Users’ use of the T-MDM Shared Platform is also subject to the following provisions set out in clauses 29.147 to 29.150 below ("End User Licence Agreement"). 29.147The following definitions apply to the End User Licence Agreement:
"Derivatives" mean: (i) for copyrightable or copyrighted material, any translation, abridgment, revision or other form in which an existing work may be recast, transformed or adapted; (ii) for patentable or patented material, any improvement thereon; (iii) for material which is protected by trade secret, any new material derived from such existing trade secret material, including new material which may be protected by copyright, patent or trade secret; and (iv) results of any research, tests or analysis of a party’s confidential information, or intellectual or proprietary property.
"Documentation" means only those written user guides, specifications, and manuals supplied or made available to you by Telstra or its licensors, that set forth the specifications for the Software and/or explain, facilitate, or instruct in the use of the Software, as such may be updated by Telstra or its licensors from time to time. Documentation specifically excludes, without limitation, marketing, advertising, sales, and promotional materials and any oral or email communications regarding Software capabilities or specifications.
"Embedded Software" means any software provided as an included part of the Software that is owned by one or more third parties and licensed to Telstra or its licensors.
"Enhancements" means (i) any revision, amendment, or modification to the Software requested by User for which User may or may not pay an agreed-upon fee to develop and provide such revision, amendment, or modification and/or (ii) Enhancements that are generally distributed by Telstra or its licensors to users who are current on maintenance services, in its sole discretion.
"Software" means proprietary software supplied by AirWatch (Australia) Pty Ltd ACN 151 471 788 in machine-readable, object code form only and includes T-MDM, Secure Content Locker and any software related to T-MDM, including (i) the Embedded Software, if any, (ii) any Updates made available to you pursuant to any maintenance services purchased by you, and (iii) Enhancements, if any.
"Updates" means error corrections, patches, bug fixes, new releases, new versions, and updates of the Software that are generally made available by Telstra or its licensors, and may contain substantial new features, functions of performance, and/or extensions or improvements of capabilities, provided, however, that to the extent that Telstra or its licensors, for a fee, offers to users generally (including those users who have purchased maintenance services) any new products, such products will not be included in the definition of Updates.
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