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Software License Agreement for Trax®Software Products <br />Annex A: Maintenance and Support Agreement <br />1.0 DEFINITIONS <br />1.1 "SUPPORT CALL (LEVEL 1)" means a reported problem in the Software which causes the system to be down <br />with no obvious work-around. <br />1.2 `SUPPORT CALL (LEVEL 2)" means a reported problem in the Software, not considered as a Level 1 support <br />problem, as defined in 1.1 above, which causes serious disruption of a function, however the system is still <br />operational. <br />1.3 "SUPPORT CALL (LEVEL 3)" means a reported problem in the Software which is not affecting the Software's <br />ability to perform substantially in accordance with the user documentation. <br />1.4 "RESPONSE TIME" means the elapsed time between the receipt of a service call and the time when Licensor <br />begins the Maintenance and Support, including a verbal or written confirmation to the Licensee thereof. <br />1.5 "RESPONSE CENTER AND CONTACT PROCEDURE" shall mean: <br />Address <br />6245 N. 24`" Parkway <br />Suite 100 <br />Phoenix, AZ 85016 <br />www.nfocus.com <br />Standard Hours of Operation <br />Monday -Friday <br />(excluding public holidays) <br />7:00 am - 6:00 pm (Phoenix, AZ time) <br />Contact Information <br />Tel: (602) 954-9557 <br />E-mail: support@nfocus.com <br />Fax: (602) 954-9557 attn: Technical Support <br />2.0 TERM AND TERMINATION <br />Licensor's provision of Maintenance and Support to Licensee will commence on date payment is received by <br />Licensor and will continue for a term of one (1) year. Maintenance and Support will renew when payment is received <br />by Licensor on or before the annual renewal date. Licensee's failure to pay the then-current renewal rate on or before <br />the renewal date will result in the following: <br />1) Termination of Licensee's Maintenance and Support Agreement with Licensor; and <br />2) Termination of hosting for Licensee's data. Licensee will be provided athen-current copy of Licensee's <br />data in Microsoft Access format within five (5) business days of termination. <br />3.0 MAINTENANCE AND SUPPORT SERVICES <br />Maintenance and Support will be provided only with respect to versions of the Software that are being supported by <br />Licensor, according to the following schedule: (a) a Major Update will be supported for two (2) years after the <br />commercial release of the next Major Update, provided always that Licensee makes use of the last Minor Update and <br />Update of the first mentioned Major Update and (b) a Minor Update will be supported for one (1) year after the <br />commercial release of the next Minor Update, provided always that Licensee makes use of the last Update of the <br />related Major Update. <br />3.1 BASIC MAINTENANCE. Basic Maintenance means that Licensor will provide support during Licensors <br />standard hours of operation: (i) Major Updates and Minor Updates, when and if available, and related on-line <br />Documentation, and (ii) telephone assistance with respect to the Software, including (a) clarification of <br />functions and features of the Software; (b) clarification of the Documentation; (c) guidance in the operation of <br />the Software; and (d) error verifcation, analysis and correction to the extent possible by telephone and/or <br />elecVonic communication methods. <br />3.2 LEVELS OF MAINTENANCE AND SUPPORT. Maintenance and Support is available at the following <br />Response Times: (i) Support Call (Level 1): response time two (2) hours, patch or work-around next day, fixed <br />or documented in neM major product release; (ii) Support Call (Level 2): response time six (6) hours, patch or <br />work-around within five (5) days, fixed or documented in next major product release; (iii) Support Call (Level <br />3): one (1) business day, problem documented and input for consideration in next major product release. <br />5 of 7 Initials of Licensee's <br />Authorized Represenfati <br />