Maintenance and support exhibit



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MAINTENANCE AND SUPPORT EXHIBIT

This Exhibit (the “Exhibit”) describes the support services Adaptive Computing (the “Company”) will provide to ____________________(the “Customer”) under the terms and conditions of the Adaptive Computing Software license.


Any changes to this Exhibit need to be submitted in writing and agreed upon by both parties.


  1. In addition to the definitions set forth in the License Agreement to which this Exhibit is appended, the words below shall have the following meaning ascribed to them for the purposes of this Exhibit. In the event there is a conflict of terms or definitions between the License Agreement and this Exhibit, the terms contained herein shall have precedence only as they pertain to this Exhibit.


DEFINITIONS - GENERAL:

    1. "Continuous Effort" means that Company will work through evenings, weekends and holidays with all available resources to stabilize the customer's environment. Tasks may be rotated across people and time zones, but given the nature of the work, this may mean that the process suspends temporarily while a key individual rests. During this period Company will invoke all necessary processes/resources, as long as reasonable progress is being made on Company side, to resolve an issue as quickly as possible. Once the Customer's system is stable, work will continue during normal business hours unless additional processes or resources are required. Daily status information will be provided until resolution.

    2. “Resolved” means that a permanent solution to a Problem has been delivered to Customer by Company. If the fix requires a software change to the Program then the fix will be delivered in the form of a patch or patch release. Any temporary resolution to a Problem delivered in the form of a change to the binary version of the Program (a “Site Specific Patch” or “SSP”) or as a workaround will in general not be sufficient to cause a Problem to be considered Resolved. In certain circumstances the problem will be placed in a suspended status until the permanent fix is delivered. Exceptions can be agreed upon between the Company and Customer.

    3. “Resolution Time” is defined as the time it takes to deliver to Customer a patch or fix to resolve a Problem permanently. Resolution Time is measured from when Customer submits a Problem to Company.

    4. “Callback Response Time” is defined as the time it takes for Company to communicate with the Customer contact person after a Problem has been submitted by Customer to the Company.

    5. “Version” means a release of a Program that contains new features, enhancements, and/or maintenance updates, or for certain Programs, a collection of revisions packaged into a single entity and, as such, made available by Company to Customer.

    6. “End-of-Support” means the last date when Company will deliver support and maintenance to customer with respect to the Program.

  1. Definitions – Call Priority:

    1. “Critical Priority”: The customer experiences real or perceived data loss or corruption or an essential part of the production system is unusable. Unusable means that the customer cannot or will not use an essential part of the system due to a defect. Essential parts of the system are those that customer needs in order to use the system effectively (for example, a vital business process is impacted).

    2. “Serious Priority”: A very important part of the production system functionality functions incorrectly and cannot be used but all business processes continue to work. This can be measured by comparison to published Program specifications, previous release(s) of the same Program or quality objectives established for the Program.

    3. “Medium Priority”: A part of the Program functions incorrectly but the system can be used. The error interferes with normal operations or occurs intermittently. All business processes continue to work.

    4. “Low Priority”: A minor deficiency or inefficiency in the Program. The customers’ use of the Program is not affected. The customer can circumvent the problem and use the system with only slight inconvenience.

    5. “Enhancement Request”: A request for Program functionality change that is not part of the current architecture or specifications of the Program.



  1. DEFINITIONS - SUPPORT LEVELS:

    1. Premium Support Features: Customer portal or call reception, caller entitlement, entry of case into call tracking system, and assignment of customer’s call priority. Priority calls routing and call management. Critical Priority calls will be responded to within one hour, seven days per week, twenty-four hours per day. Continuous Effort will be employed for Critical Priority calls.

    2. Standard Support: Customer portal or call reception, caller entitlement, entry of case into call tracking system, and assignment of customer’s call priority. Next available call routing and call management. Best effort response during normal business hours, 8:00am to 8:00pm Eastern Standard Time. Monday through Friday. No coverage during United States holidays and U.K. bank holidays.

    3. Premium and Standard support include available current product engineering, workarounds, bug fixes, SSPs, patches, updates,release notes and documentation.



  1. CUSTOMER RESPONSIBILITIES:

    1. Customer will provide up to four contacts that have attended Adaptive Computing Administration training.



  1. SUPPORT LIFE

Adaptive Computing will provide support to Customer for the current version of a product, and for the previous Minor version of the current release and the latest Minor version of the previous release.
Therefore, Adaptive Computing will provide support to Customer for both the current and previous versions of the Adaptive Computing products in accordance with this commitment.


  1. COVERED PRODUCTS





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