THESE WARRANTY SERVICE TERMS, effective as of May 2022, describe the warranty services, as may be amended from time to time, that Licensor provides to Licensee (“Warranty Services”).
1.0 Definitions. Capitalized terms used and not otherwise defined herein shall have the following meanings:
1.1 “Trouble Ticket” means a completed form describing suspected code or documentation Errors that potentially need correction.
1.2 “Closing Codes” refers to a set of codes used to denote the final resolution of a Trouble Ticket; currently including:
- Fixed, tested, and released as a hotfix
- Minor issue, consider for a future update
- Logged as an enhancement request
- Invalid, works as expected
1.3 “Error Corrections” means revisions that correct Errors in the Licensor Software.
1.4 “Response Times” means the objectives set out below for resolution of Errors and distribution of the Error Correction to the Licensee.
- “Severity Level 1: Critical Production System Down” requires maximum effort support until an emergency fix or bypass is developed and available for shipment to Licensee. Critical production system down situations may require Licensee and Licensor personnel to be at their respective work locations or available on an around-the-clock basis. The objective will be to provide a workaround to the Licensee within twenty-four (24) hours and provide a final solution or fix within four (4) days;
- “Severity Level 1: Regular” requires maximum effort support until an emergency fix or bypass is developed and available for shipment to Licensee. The Licensor will strive to provide a workaround to the Licensee within one (1) business day and provide a final solution or fix within four (4) business days; Severity 1 issues, that are not production system down, will be addressed during regular United States West Coast business hours (i.e., Pacific Standard Time);
- “Severity Level 2” should be resolved within fourteen (14) calendar days;
- “Severity Level 3” should be resolved within twenty-one (21) calendar days; and
- “Severity Level 4” should be resolved within twenty-eight (28) calendar days.
The Response Times include building, testing, certifying successful tests of Error Corrections, packaging for, and shipment to, Licensee any applicable Error Corrections.
The calendar days begin when Licensor receives the Trouble Ticket and supporting documentation and end when the Error Correction or other resolution is shipped to Licensee. Licensee will consider exceptions from these objectives when warranted by technical or business considerations.
1.5 “Severity Levels” means designations assigned by Licensee to Errors to indicate the seriousness of the Error based on the impact that the Error has on the Licensee’s operation:
Severity Level 1 is a critical Error. The Licensee cannot use the Licensor Software or there is a critical impact on the Licensee’s operations that requires an immediate solution;
Severity Level 2 is a major Error. The Licensee can use the Licensor Software, but an important function is not available or the Licensee’s operations are significantly impacted;
Severity Level 3 is a minor Error. The Licensee can use the Licensor Software with some functional restrictions, and it does not have a severe, critical or significant impact on the Licensee’s operations; and
Severity Level 4 is a minor Error that is not significant to the Licensee’s operations. The Licensee may be able to circumvent the Error.
1.6 “Service Level” refers to the tier of service provided when a user identifies an Error.
Service Level 1 is the service provided in response to the Licensee’s initial phone call which provides entitlement and appropriate call routing.
Service Level 2 is the service provided to reproduce and attempt to correct the Error or to determine that the Error cannot be reproduced.
Service Level 3 is the service provided to isolate the Error at the Source Code level. The Licensor distributes to Licensee the Error Correction or circumvention or gives notice if no Error Correction or circumvention is found.
2.0 Knowledge Center Resources
2.1 Licensor will provide a Knowledge Center portal where Licensees can search/discover a wide range of materials (e.g., training guides, FAQ's and technical notes), leverage community learning, and collaborate with fellow Licensees and Licensor technical staff.
3.0 Warranty Responsibilities
3.1 Licensee will perform the following warranty responsibilities, as described below. Licensee will:
- obtain a description of the Error, and help determine its severity;
- analyze Error symptoms and gather additional data as required;
- recreate the Error on a test system;
- determine if the Error is due to missing an available software patch and apply any available patches;
- determine if the Error is due to improper installation;
- determine if the suspected Error is due to prerequisite or operationally related equipment or software, providing available information, if any, to address the Error;
- if no resolution and the Error appears to be a newly discovered Error in code or documentation, create or as appropriate update a Trouble Ticket record;
- attempt a bypass or circumvention for high impact Errors, i.e., Severity 1 and Severity 2; and
- document what is known and pass this information to Licensor
3.2 Licensor will:
- receive the Trouble Ticket and supporting documentation and materials;
- analyze the Error symptoms and diagnose the suspected Error;
- notify Licensee if additional information, materials or documentation are required;
- attempt to recreate the Error, if necessary or appropriate;
- assist Licensee in attempting to develop a bypass or circumvention for high impact Errors, i.e., Severity 1 and Severity 2;
- determine if Error Corrections are required or appropriate for the Licensor Software;
- if Error Corrections are required or appropriate for the Licensor Software, provide Error Corrections to Licensee;
- provide Closing Codes on all Trouble Tickets, including text describing the resolution of the Error. In the event an Error was found, provide the rationale for the closing of the Trouble Ticket;
- provide resolution to Trouble Tickets within the defined Response Time assigned to the Severity Level;
- will ensure Error Corrections are included in future releases of the Licensor Software;
- receive technical questions and create, supporting documentation and materials such as technical notes, flashes and whitepapers which will be posted in the Knowledge Center;
- analyze the technical questions and provide answers;
- provide warranty support to Licensee on the Licensor Software as provided above;
- provide assistance in answering questions that may arise concerning the operation and use of the Licensor Software that cannot be resolved by the Licensee; and
- resolve Errors and other problems.
3.3 As corrected versions become available, Licensor will provide to the Licensee a corrected version of the Licensor Software that includes all Error Corrections.
3.4 Licensor will maintain procedures to ensure that new Error Corrections are compatible with previous Error Corrections.
3.5 Licensor to provide packaging of Error Corrections and, if applicable, migration Code (e.g., a script to update a schema).
3.6 Licensor to provide support for usage and known defects for versioned releases of Licensor Software provided that the version is no more than two (2) years old.
3.7 Licensor will promptly notify Licensee when Licensor determines that the cause of an Error resides within the Licensee infrastructure and not the Licensor Software, and in such event, will provide Licensee with available details to support such determination.
4.1 Licensor will provide to Licensee procedures to follow when high priority Errors are encountered within or outside of normal working hours that require immediate assistance or increased attention.
4.2 Licensor will provide to Licensee, on request, information regarding the status of Trouble Tickets.
4.3 Use of telephones for communications and materials exchanged using facsimile, courier services or e-mail, will be at each party’s own expense.
4.4 In the extraordinary event Licensor cannot be provided remote access to solve a critical situation, thus requiring Licensor to travel on-site, Licensee will pay in advance or promptly reimburse all direct third party out of pocket travel and living expenses.