SUPPORT AND MAINTENANCE SERVICES
1. UPDATES. Seller will make available to Customer when and if available, and within a reasonable time after publication, one (1) copy of each Maintenance Release, New Version, and any associated Documentation for each copy of the Licensed Software licensed by Customer; provided, however, that New Versions for Third Party Software and Microsoft Software are not included but may be purchased separately for an additional fee. Any license keys provided may be used only with the specific Licensed Software/Appliance for which it is issued and may not be used for unlicensed Products or Products for which Customer has not purchased Support Service.
2.1 Support Services.
(a)Generally. Standard support of Products includes: (i) assistance related to questions on the installation and operational use of the Licensed Software and services; (ii) assistance in identifying and verifying the causes of suspected errors in the Licensed Software and services; (iii) providing workarounds for identified errors or malfunctions in the Licensed Software, where reasonably available to EVault; and (iv) access to EVault’s Customer Service Portal.
(b) Appliances. Standard support of Appliance Software is as set forth in Section 2.1(a) of this Exhibit B; provided, however, that if Appliance Software includes an operating system, support and maintenance may be provided through EVault or the Appliance Hardware manufacturer, as applicable. Standard support of Appliance Hardware includes: (i) assistance relating to questions on the installation and operational use of the Appliance Hardware; (ii) identification of hardware related issues; and (iii) a warm hand off to the hardware manufacturer, which is responsible for providing support for all hardware related issues in accordance with the terms of such hardware manufacturer’s support terms and conditions.
2.2 Availability. Support Services will be available 24x7x365.
2.3 Methods of Support. Support Services will be available via web submission, e-mail and telephone.
2.4 Error Correction. EVault shall use commercially reasonable efforts to correct any reproducible error in the Licensed Software in accordance with the following schedules. Upon identification of any error, Customer shall notify EVault of such error and provide EVault with enough information to allow EVault to reproduce the error. Notwithstanding anything to the contrary in this Agreement, EVault shall have no obligation to correct all errors in the Licensed Software.
PRIORITY LEVELS OF SUPPORT REQUESTS. Each support request will be assigned a priority in accordance with the following guidelines:
|Critical||Severe problem impacting the customer’s business operations
|High||Production system adversely impacted.
|Medium||Non-critical questions, problems or defects.
ERROR CORRECTION TARGET TIMES. EVault shall use commercially reasonable efforts to correct any reproducible error in the Licensed Software with a level of effort commensurate with the severity of the error in the following time frames:
|Priority Level||Initial Response||Status Updates||Workaround / Fix Target||Solution|
|Critical||1 hour||Every 4 hours¹||Continuous effort² until workaround or emergency Hot Fix³ is created||Workaround or Hot Fix, if required. Use commercially reasonable effort to include fix in next release for general distribution|
|High||2 hours||Every 8 hours||2 business days / 5 business days||Workaround or Hot Fix, if required. Use commercially reasonable effort to include fix in next release for general distribution|
|Medium||4 hours||Every day||5 business days / 10 business days||Use commercially reasonable effort to include fix in next release for general distribution|
|Low||Within 1 business day||Every two days||N/A||N/A|
2.5 Limitations. EVault shall not be responsible for correcting any errors not reproducible by EVault on the unmodified Licensed Software or errors caused by any of the following: (a) Customer’s failure to implement all Maintenance Releases or New Versions issued by EVault; (b) changes to Customer’s operating system or environment that adversely affect the Licensed Software; (c) any alterations of or additions to the Licensed Software or services made by parties other than EVault; (d) use of the Licensed Software or services in a manner for which it was not designed; (e) accident, negligence, or misuse of the Licensed Software; or (f) use of the Licensed Software on a CPU other than the designated CPU(s) for the Licensed Software at issue. EVault shall only be obligated to support a particular version of the Licensed Software for a period of one (1) year from the date of commercial release of such version or through six (6) months following the date of commercial release of the subsequent Licensed Software version (Maintenance Release or New Version), whichever is longer.
2.6 Training and Consulting Services. Upon request of Customer, Seller can provide training and/or consulting services for an additional fee and subject to the signing of a Statement of Work describing such services. Support for any earlier versions of the Licensed Software or for errors not covered under this Addendum will be provided only in accordance with a Statement of Work.
3. CUSTOMER RESPONSIBILITIES. Customer shall ensure that only persons properly trained in the operation and usage of the Licensed Software will utilize the Support Services. Customer’s principal contacts for support services are set forth in the Order Form. Upon request, Customer shall allow the use of on-line diagnostics of the Licensed Software during error diagnosis.
¹ Exception – for data restores, notification will occur at the beginning and end of the restore process.
² Commercially reasonable effort will be used.
³A Hot Fix is a single use emergency patch that fixes a customer’s issue.