1- GENERAL SUPPORT
1.1. Support Center. iBASEt maintains a technical support center with trained and experienced technical personnel to provide the Support Services. Such support center will be available Monday through Friday, from 8:00 a.m. to 5:00 p.m. PT (excluding iBASEt’s published holidays) for Customer to report problems with the Software.
1.2. Reporting and Acknowledgment of Problems. Each problem experienced by Customer related to use of the Software that is reported by Customer must be accompanied or followed by as much information as is reasonably available to help enable iBASEt to reproduce and verify such problem. Once iBASEt has received all such information and the problem is reproduced, iBASEt will acknowledge the problem (an “acknowledged problem”) via telephone, facsimile transmission or electronic mail to Customer’s contact
personnel. Customer shall provide a method of remote access for the purposes of remote diagnostics for the Support Services.
1.3. Resolution of Acknowledged Problems. iBASEt shall use commercially reasonable efforts to remedy each acknowledged problem. Remedies may include providing instructions for Customer to cure the acknowledged problem or delivering an updated version or patch of the Software at no additional charge. If iBASEt determines that it is necessary for iBASEt to send a technician to Customer’s
facility to reproduce or verify any problem that cannot be reproduced or verified by iBASEt at its own facility, then iBASEt will bear the costs to provide such on-site technical support. However, if the problem is not attributable to the Software or iBASEt supplied hardware, Customer shall pay iBASEt all costs incurred by iBASEt in connection with the technician’s visit to Customer’s facility and a service fee for the technician’s travel and consultation time, as calculated in accordance with iBASEt’s then standard charges for such services.
1.4. Limitations. iBASEt’s obligations under this Agreement apply to the current and one preceding major update release versions of the Software. Unless contracted by Customer, iBASEt will not be responsible for responding to questions or problems arising in connection with (a) hardware on which Customer operates the Software, (b) any third party software or (c) any portions of the Software which have been modified by Customer or any third party without iBASEt knowledge or consent. If iBASEt provides any services under this Exhibit C in response to problems arising in connection with issues arising under (b) or (c), Customer shall be charged for such services on a time and material basis at iBASEt’s then standard charges for such services.
2.1. Releases and Updates. iBASEt may, from time to time, release Updates (as defined below). iBASEt will notify Customer when an Update has been issued. Customer acknowledges and agrees that iBASEt is under no obligation to issue any Updates under this Agreement, other than to correct problems with the Software as set forth in Section 1.3 above. All Updates shall be regarded as the Software for purposes of this Agreement and shall be subject to all the terms herein. An “Update” means a release of the Software which includes error corrections and/or new features or functionality for the Software; Updates do not include new modules that are separately licensed by iBASEt to all its customers.
2.2. New Modules. If Customer requests any new modules in writing, such new modules shall be subject to separate fees and may be provided under new or different terms from those set forth in this Agreement.
3- ADDITIONAL TERMS
A. Scope. Software Support and Updates includes (a) Update Subscription and (b) Product Support.
i. Update Subscription. iBASEt’s update subscription provides e-mail notifications of product releases and grants the right to download maintenance and upgrade Product releases from the Customer Support FTP site or as otherwise specified within an email notification. Notification will be provided to an authorized, designated contact for licensed Product instance.
ii. Product Support. For purposes of this Agreement, both “Software” and/or “Product” shall refer to the type and version of Solumina® software that Customer purchased prior to or at the time of executing this Agreement; and “Optional Products” shall have the definition as stated in Article 2 herein. Support for Optional Products shall be provided only to None
B. Problem Resolution. Resolution of Incidents may include the following: (1) Defects that materially and adversely affect the use of the Software through a future major or minor release, (2) referring Customer to the application of existing patches, maintenance updates or release(s), (3) description of a workaround, (4) referring Customer to definitions (Manuals, Release Notes, and Release Bulletins), or (5) any combination of the preceding.
C. Response Efforts. iBASEt will use commercially reasonable efforts to respond to Customer Incidents according to the priority level of the calls. iBASEt will also ensure that best efforts are made to resolve all Incidents within a commercially reasonable period.
D. Optional Products and Support for Optional Products. “Optional Products” shall mean additional non-Product software, solutions, personalized interfaces, connectors, etc. purchased by Customer for its specific needs. Provided the parties have executed a mutually agreed SOW detailing such Optional Products, and the level of maintenance, support, upgrades, etc., and provided all prerequisites have been completed as listed in Article 3(F) herein, Customer may request an advanced additional level of maintenance, support, and update services for Optional Products at an additional cost provided iBASEt. Pricing and interface definition for such optional service is on a “per proposal” basis only. Optional Product support and update service Customers are subject to all of the standard general terms and conditions of this Agreement as well as the Master Agreement of which it is a part.
E. Software Support and Maintenance Limitations
A. Support Levels. A Customer whose production environment is on a version for Software that is within mainstream support, may submit an Incident. A Customer on mainstream support will only receive fixes for P1 incident priority tickets. Such fixes will be in the form of a minor release or services configuration. Non P1 issues will be addressed in future Major releases.
B. Software Modification. Software Support and Update is contingent upon Customer’s use of the Software in accordance with iBASEt’s specifications as defined in the Solumina® technical installation and release documentation. Modifications and/or customizations made by the Customer to the Software may prevent or complicate the application of iBASEt upgrades, maintenance updates and/or Product releases. In such cases, any assurances of Incident resolution and/or ability to upgrade are void.
C. End of Life. iBASEt periodically announces the End of Mainstream Support for its Software releases, and this is the End of Life (EOL) date. After the EOL date on which Mainstream Support ends, the Extended Support shall begin. For clarification, Releases are identified by a combination of a Major, Major, Minor identifier such as i044. At the point of EOL, update for that Release also terminates.
Mainstream Support. Mainstream support refers to the first phase of a product’s lifecycle under the Fixed Policy and includes:
- Request to change product design and features
- Security updates
- Non-security updates
- Self-help support
- Standard paid support
End of Mainstream Support. Means iBASEt will no longer supply non-security hotfixes, will accept no further requests for new features and/or design changes, and will no longer accept warranty claims. End of Mainstream Support does not mean there will no longer be fixes for security and reliability issues. Further, technical support will continue until the end of Extended Support is announced.
Extended Support. Extended Support phase follows Mainstream Support for software products and Releases thereof that have entered the EOL governed by the Fixed Policy. At the defined release level, Extended Support includes:
- Security updates
- For eligible Premium Support customers, the ability to request non-security fixes for select products
D. iBASEt will notify the Customer in writing one hundred and eighty (180) days prior to discontinuance of any Software Support and Update for affected Software installed at Customer’s site.
At the end of Mainstream Support, Customer has two options: 1) upgrade to the latest release; or 2) a 10% Premium support agreement will take affect with defined SLAs. At the end of Extended Support, customer must upgrade to the latest generally available release.
E. Prerequisites for Support. Customer is solely responsible for and shall have completed the purchase of the following prior to requesting Product support: (1) iBASEt Software Support and Update subscription, (2) purchase of any Optional Products, and (3) any third-party software(s) necessary to run Optional Features as a prerequisite for Product Support.
F. Customer’s Responsibilities
A. Authorized Contacts. Customer shall designate a Single Technical Point of Contact (STPOC) to serve as the focus for incoming and outgoing communication with iBASEt Technical Support. Such contact shall be suitably trained and empowered to make relevant decisions. Customer may also identify additional individuals to serve as designated alternates in the absence of the STPOC. Customer shall also designate a Single Contractual Point of Contact (SCPOC). Customer shall inform iBASEt of any changes to these Contacts.
B. Facilities and Hardware. Customer is responsible for installation and maintenance of any equipment or communication service related to the operation of the Software
C. Infrastructure / Database Management. Each Software release includes platforms and infrastructure versions tested and approved for customer use. As applicable, iBASEt may provide updates to the approved version list for platforms and infrastructure based on specific releases as technical availability or security issues impact those platforms and infrastructure components. Customer is responsible for maintaining all Customer databases, and for performing back-ups in accordance with both the published documentation and with prudent Software / RDBMS management practices
D. Notification. Customer’s STPOC shall notify iBASEt of any Software failure either telephonically or via support ticket, according to the priority level of the Incident precipitating the communication.
E. Access. Customer must provide iBASEt with proper access to the Customer’s software and database in the event Customer desires iBASEt to perform remote support. Remote access can be in the form of modem access, dedicated communication lines or internet-enabled access. Such access by iBASEt must be assisted by a Customer’s System Administrator trained in administration of the operating system, database (including back-up and restore) and iBASEt tools and applications.
F. Expenses. Customer is responsible for all charges incurred resulting from communications at Customer’s facilities, whether incurred by the Customer or by an iBASEt Support Representative, while performing updates or upgrades to the Software.
G. Unauthorized Contact and Out-of-Scope Requests. Customer contact by unauthorized individuals will not be considered proper notification of an Incident and may result in processing delays. Support that is not included in the Software Support (Standard or Optional) or for Optional Products as detailed in a relevant SOW, if requested by Customer, will be performed solely at iBASEt’s discretion and, if performed, will be charged to Customer at current Time and Material (T&M) rates and in accordance with other terms then in effect. Such support may include: (1) the correction of errors which are not generated by the Software as delivered by iBASEt to Licensee, (2) service which becomes necessary due to failure or incompatibility of computer hardware, equipment or software not supplied by iBASEt, (3) service which becomes necessary due to improper installation or update other than by iBASEt accident or neglect, (4) repairs required due to failure of electric power, (5) the resolution of problems associated with storage or use in improper or adverse environmental conditions, and/or (6) correction of issues resulting from misuse, negligence, catastrophe, operator error or causes other than use in ordinary commercial or industrial applications.
H. Incident Priorities. Customer Incidents are prioritized according to the following scheme:
Priority 1 (P1). A P1 Incident call is of the highest priority, and is considered to be a critical Incident, i.e., the production system is down and normal business processes cannot proceed, and more than 90% of the Users are affected. The Customer’s STPOC (or designated alternate) must call iBASEt’s Customer Support hotline number to properly notify iBASEt, and Customer Support will respond and confirm notification within two (2) hours on a 24×7 basis. Customer Support shall (a) immediately request and document the details of the Incident, (b) log the Incident (detailed steps and attachments) into the Technical Support database, (c) check iBASEt technical documentation and the Technical Support
database, (d) provide initial feedback iBASEt will thereafter use all reasonable and available means to resolve the issue in the shortest time possible.
Urgent Priority. An Urgent Priority Incident is considered to be a non-routine Incident; i.e., the system is up but not functioning at normal capacity, and a major function is not available and affecting a significant number of production Users. The Customer’s STPOC (or designated alternate) must submit a Support ticket to properly notify iBASEt, and Customer Support will respond and confirm notification within four (4) business hours. iBASEt will thereafter use reasonable means to resolve the issue.
Normal Priority. A Normal Priority incident is considered to be a routine Incident, i.e., a minor or intermittent problem is occurring, but is not significantly affecting production. The Customer’s STPOC (or designated alternate) must submit a Support ticket to properly notify iBASEt, and Customer Support will respond and confirm notification within two (2) business days. iBASEt will thereafter use reasonable means to resolve the issue.
G. Reinstatement of Software Support and Update. In the event that Software Support and Update lapses, a reinstatement fee will be assessed upon the commencement of Software Support and Update. In order to reinstate Software Support and Update for Product releases no longer supported by iBASEt, Customer must first migrate and upgrade their program licenses at its expense to currently available Product releases. The reinstatement fee is equal to 100% of the List Price for Software Support and Update in the iBASEt Catalog in effect at the time Software Support and Update is ordered, prorated from the date the Software Support and Update is being ordered back to the date that the Software Support and Update lapsed. Once the reinstatement fee has been paid, Software Support and Update will be recommenced.