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Software Maintenance and Support Policy

This Software Maintenance and Technical Support Policy (MSP) describe the Riversand Technologies, Inc. (RTI) policy for the ongoing delivery of Software Maintenance Support Policy Services to Subscribers of RTI’s OnDemand MDMCenter™ and MDMProduct Center™ solutions.

1.1. Maintenance Services Generally

1.1.1. During the term of the Subscription Agreement, Subscriber agrees to buy and RTI agrees to provide the software maintenance services described herein (“Maintenance Services”) with respect to the OnDemand Software solution, Documentation and related materials (the “OnDemand Software”) supplied by RTI under the Subscription Agreement (the “Agreement”)

1.2. Response to Request for Service

1.2.1. RTI shall provide such technical assistance and will remedy any failure, malfunction, defect or nonconformity in the OnDemand Software as specified in the Agreement.

1.3. Updates and Enhancements

1.3.1. During the term of the Agreement, RTI shall promptly notify Subscriber of any defects or malfunctions in the OnDemand Program or Documentation of which it learns from any source. RTI shall promptly correct any material defects or malfunctions in the OnDemand Program or Documentation discovered during the term hereof and provide Subscriber with corrected copies of same, without additional charge.

1.3.2. RTI shall make available to Subscriber such point releases, updates, upgrades and/or enhancements to the OnDemand Software that RTI makes generally available to its OnDemand customers, including, at no additional charge any “Updates” or Major Releases of the subscribed software modules. New products and additional non-subscribed modules (“New Products”) will be offered to Subscribers for an additional charge. In the event that services are required in connection with Subscriber’s implementation of any New Products, Subscriber may be billed for such services at RTI’s standard rates then in effect which are set forth in the Rate Card, Attachment 1 hereto.

1.4. Additional Support

1.4.1. During the term of this Agreement, RTI shall provide to Subscriber, without additional charge, all reasonably necessary telephone or written consultation requested by Subscriber in connection with its use and operation of the Software or any problems therewith under the terms defined herein.

Technical Support

RTI utilizes a multi-tier support model for Problem Resolution. When initial contact with RTI is made, a unique Service Request (SR) number will be assigned and delivered to the Subscriber Designated Contact via email. This SR number will be used to track any given issue from initial contact to final Problem Resolution.

If appropriate, Riversand will attempt to reproduce the error in RTI Test environment. Additional testing and problem duplication may require RTI to access the client’s OnDemand environment. Further investigation, including additional troubleshooting or debugging activity may be required. Based on the results of the Test Lab investigation, an issue may be resolved, or, if an anomaly is identified, elevated to the appropriate RTI Team member for final Problem Resolution

1. Technical Support Defined

Subject to the specifications of this SLA, Subscriber will be entitled to access RTI Support via telephone and email request. RTI Support personnel provide assistance with diagnosis and resolution of defects and/or failures when RTI products fail to conform to RTI published documentation when the products are installed and operated according to RTI specifications.

1.1. RTI agrees to provide Support, where appropriate, to Subscriber, which can include but is not limited to the following actions:

1.1.1. Receive technical questions

1.1.2. Analyze the technical questions and provide answers to Subscriber

1.1.3. Provide assistance in answering questions that may arise concerning the operation and use of OnDemand Subscription that cannot be resolved by Subscriber

1.2. Unless otherwise specified herein, support does not include the following items or actions:

1.2.1. Onsite services, Professional Services, Normal Configuration Services, Implementation Services or Educational Services

1.2.2. Modification of software code, customization of software code, security policy configuration, audits, or design

Definitions

1.3. Designated Contacts – Subscriber resources who are named and established as the Subscriber Support contacts.

1.4. Enhancements – All Software changes, including new releases, new versions, product improvements, system modifications, updates, upgrades, patches, and field modifications.

1.5. Error – An Error in the product, which degrades the product as defined by the Severity definitions, as compared to RTI published functionality and performance specifications.

1.6. Fix(ed) – The repair or replacement of object or executable code versions of product to remedy an Error.

1.7. Level 1 Support – Ability to provide general pre- and post-sales product information; hardware and software configuration; questions on upgrade Support; collect relevant technical problem identification information; perform base problem determination; provide basic Support on the standard protocols and features.

1.8. Level 2 Support – Ability to provide Level 1 Support plus the ability to resolve the majority of mis-configurations, troubleshoot and simulate complex configuration, hardware, and software problems; support problem isolation and determination of product specification defects; provide lab simulation and interoperability and compatibility testing for new software and hardware releases prior to being deployed into a Subscriber production network; define an action plan; provide advanced Support on most features.

1.9. Level 3 Support -Ability to provide Level 1 and Level 2 Support plus the ability to provide software enhancements such as patches and fixing or generating workarounds that address software bugs; troubleshoot bugs that were not diagnosed during Level 2 Support; work with Subscribers to resolve critical situations; and building action plans with Subscribers to address complex issues. Level 3.

1.10. Previous Sequential – Release of Software product, which has been replaced by a subsequent release

1.11. Problem Resolution – The use of reasonable commercial efforts to resolve the reported problem by the following methods:

1.11.1. The reported Error is corrected by reinstalling the Software; or

1.11.2. A solution has been generated in the form of a tested patch or a new image that corrects the Error without causing major additional problems, the solution was delivered to Subscriber, was successfully installed, the solution has worked, and the Service Request was closed; or

1.11.3. An Error and its cause has been identified, however, a correction was not generated because Subscriber and RTI have agreed that a preliminary analysis of the correction indicates that a patch may cause unknown and/or serious regressions or subsequent problems due to constraints in the design and/or implementation of the affected Software; or

1.11.4. Subscriber and RTI agree that the Software conforms to design specifications and need not be changed; or

1.11.5. The Software conforms to design specifications and Subscriber and RTI jointly agree that the Error will be treated as a request for new features, functionality, or enhancement and will be considered for future implementation according to the RTI development schedule; or

1.11.6. The Software conforms to design specifications and will not be changed, but the Error exists in the documentation and the appropriate documentation will be corrected and/or clarified; or

1.11.7. The Error has only occurred once and Subscriber agrees that adequate time and effort has been expended and that the Error could not be reproduced; or

1.11.8. A workaround is delivered to and accepted by Subscriber as a final solution and the Service Request is closed; or

1.11.9. Subscriber and RTI agree that RTI will correct the Error in a future release of the Software when Subscriber and RTI have determined that the Error cannot be economically or feasibly resolved and requires a redesign of the product or rewrite of the segment of code or image; or

1.11.10. Subscriber and RTI jointly concur that further effort is not warranted; or

1.11.11. Subscriber and RTI agree that the Software does not cause the Error

1.12. Respond – Addressing the initial request and taking ownership of the issue.

1.13. Response Time – The amount of time elapsed between the initial contact by Subscriber to RTI Support and the returned response to Subscriber by RTI Support staff.

1.14. Severity 1 Error – An Error isolated to Software that renders product inoperative or causes the product to fail catastrophically; e.g., major system impact, system down. A reported defect in the OnDemand Subscription, which cannot be reasonably circumvented, in which there is an emergency condition that significantly restricts the use of the OnDemand Subscription to perform necessary business functions. Inability to use the OnDemand Subscription or a critical impact on operations requiring an immediate solution.

1.15. Severity 2 Error – An Error isolated to Software that substantially degrades the performance of the product or materially restricts business; e.g., moderate system impact, system hanging. This classification is a reported defect in the OnDemand Subscription, which restricts the use of one or more features of the OnDemand Subscription to perform necessary business functions but does not completely restrict use of the OnDemand Solution. Ability to use the OnDemand Subscription, but an important function is not available and operations are severely impacted.

1.16. Severity 3 Error – An Error isolated to the OnDemand Software that causes only a minor impact on the use of the product; e.g., minor system impact, performance/operational impact. The severity level three defects is a reported defect in the OnDemand Software that restricts the use of one or more features of the OnDemand Solution to perform necessary business functions. The defect can be easily circumvented. The Error can cause some functional restrictions, but it does not have a critical or severe impact on operations.

1.17. Severity 4 Error – A reported anomaly in the OnDemand Software that does not substantially restrict the use of one or more features of the OnDemand Software to perform necessary business functions. This is a minor problem and is not significant to operation. An anomaly may be easily circumvented or may need to be submitted to RTI Research and Development as a request for enhancement.

1.18. SLA – The Subscriber Service Level policy, as represented by the published RTI OnDemand SLA Policy, which identifies the features and defines the processes, involved with the RTI delivery of various support functions to Subscriber.

1.19. Support – Technical telephone and email assistance provided by RTI to help the Subscriber Designated Contact with Problem Resolution. Support is provided only on the then-current Major Release of product and the previous two Sequential Releases of the OnDemand Software. RTI will also provide commercially reasonable technical assistance on older versions of OnDemand software, but Problem Resolution may be limited to the current two Major Releases of OnDemand Software. Support does not include any Education Services, Configuration, Implementation or Professional Services. Products such as training and/or onsite services may be purchased in addition to Support, at the then-current standard services rates.

1.20. Workaround – A change in the followed procedures or data to avoid error without substantially impairing use of the OnDemand Software solution.

2. Contacting Technical Support by Telephone

Call 713-934-8899 for Standard Support Subscribers. You will be asked for your email address registered with your organization’s User Center Account and you will be verified as a Designated Contact. After this, the Support Team Member will create a support call number in the RTI database.

3. Contacting Technical Support by Email

Support@nullriversand.com  – Correspondence on an open Service Request may be made via email, as long as the Subscriber Designated Contact writes a reply to emails received from the RTI Support. PLEASE NOTE: If you do not receive an email reply acknowledging receipt of your email correspondence within two (2) hours and your email was sent during business hours, you should assume that the email link is down and proceed to make a voice call to the RTI Support.

4. Support Information – SEVERITY 1 AND 2

4.1. The following information is requested to open a Severity 1 or Severity 2 issue with RTI Support:

4.2. Complete contact information, (name, title, company name, email address, phone number, pager number, fax number, onsite phone number, time zone) for all parties involved in the issue

4.3. Provide a detailed description of the problem or issue, including any symptoms noted, any patterns seen (time of day or only certain users affected, etc.), and any specific error messages/errors received

4.4. General information about the clients end user workstation configuration including browser type and version, operating system type and version: Approximate number of users affected, approximate number of simultaneous sessions per user, types of other applications in use, network traffic passing through the customers network at the time of error, user CPU utilization, user memory allocation, and utilization

In order to provide better service to the Subscriber, RTI requests this information and additional information (as needed), as soon as possible, as access to the appropriate data and information facilitates Problem Resolution. If it is not possible to provide this information, RTI may be hindered in its ability to bring timely resolution to an issue.

 5. Support Information—SEVERITY 3 AND 4

5.1. The following information is requested to open a Severity 3 or Severity 4 issue with RTI Support:

5.2. Complete contact information, (name, title, company name, email address, phone number, pager number, fax number, onsite phone number, and time zone) for all parties involved in the issue.

5.3. Describe the hardware platform(s) involved in this issue, including the amount of memory, and disk space

5.4. Describe the operating system(s) involved in this issue, including the version number and patch-level information. (Include which service pack and patches for Windows 2000 or 2003 etc.)

5.5. Provide a detailed description of the problem or issue, including any symptoms noted, any patterns seen (time of day or only certain users affected, etc.) and any specific error messages received

In order to provide better service to the Subscriber, RTI requests this information and additional information (as needed), as soon as possible, as access to the appropriate data and information facilitates Problem Resolution. If it’s not possible to provide this information, RTI may be hindered in its ability to bring timely resolution to an issue.

6. Availability of Riversand Support

Telephone and email request access is available (subject to the situations in section FORCE MAJEURE) to Subscriber 8 hours per day, 5 days per week during normal business hours in the clients selected time zone.

7. Severity Level Response Time/Resource Commitment

RTI agrees to use commercially reasonable efforts to respond to Subscriber calls based on the severity of the issue as follows:

SeverityLevel DefinitionSubscriber Response TimeCommitment
1An Error isolated to software that renders product inoperative or causes the product to fail catastrophically, e.g. major system impact, system down.2 working hoursRTI and Subscriber will commit the necessary resources around the clock for Problem Resolution to obtain workaround or reduce the severity of the Error. Fix will be applied as soon as possible.
2An Error isolated to Software that substantially degrades the performance of the product or materially restricts business, e.g. moderate system impact, system hanging.6 working hoursRTI and Subscriber will commit full-time resources during normal business hours for Problem Resolution to obtain workaround or reduce the severity of the Error and alternative resources during non-Standard Business Hours. Fix will be applied as soon as possible.
3An Error isolated to Software that causes only a minor impact on use of the product; e.g. minor system impact, performance/operational impact.8 working hours

RTI and Subscriber will commit full-time resources during normal business hours for Problem Resolution.
Fix will be applied in the next patch release

4A reported anomaly in the OnDemand Subscription, which does not substantially restrict the use of one or core features of the OnDemand Subscription to perform necessary business functions.2 working  daysRTI and Subscriber will provide resources during normal business hours for Problem Resolution. Fix will be applied in the next patch release or next full release

8. Service Request Closure

RTI agrees to use commercially reasonable efforts to work with the Subscriber for problem resolution for an issue in accordance with the specifications of this SLA. Timely efforts must be made by all parties involved. If communication from Subscriber ceases without notice, after five (5) business days, RTI may, upon notice, close a Service Request due to inactivity on the part of the Subscriber. A Service Request may be reopened within thirty (30) consecutive days of closure. Once a Service Request is closed for 30 consecutive days, this issue will be considered permanently closed, and it cannot be reopened. If further work is necessary, a new Service Request will be opened, and all pertinent materials may need to be resubmitted before work can continue.

9. Escalation

Some work items (especially those associated with critical situations) may need to be expedited. When this becomes the case, Subscriber will notify RTI of the critical situation and RTI will agree to work with Subscriber on providing the appropriate solution for each critical situation. If RTI determines that sufficient information has been provided by Subscriber and the escalation is accepted, work on resolving the escalation begins in accordance to RTI standard business practices. RTI will provide an action plan to Subscriber. Each action plan should include the following information:

9.1. Problems statement, including early evaluation of possible resolution

9.2. Confirmation, when possible, that RTI can reproduce the problem

9.3. Problem status

9.4. Actions required

9.5. Who needs to perform the actions (where “who” may refer to RTI, Subscriber assets, other vendors, etc. It does not necessarily require the identification of a specific person)

9.6. Projected date for resolution (when possible)

10. Internal Riversand Escalation Process

When an issue needs internal escalation, an issue receives a combination of increasing levels of engineering expertise and higher levels of management. Once an issue is internally determined to be receiving the appropriate level of engineering and managerial attention then that issue need not be escalated to a higher resource level until the severity of the issue increases or progress toward resolution ceases or is unduly delayed.

11. Subscriber Obligations

Subscriber agrees to the following:

11.1. All Subscriber personnel contacting RTI for Support must be fully trained on the Major Release of the RTI.

11.2. Subscriber agrees that contact with RTI will be through the specified number of Designated Contacts. The ability to add additional contact(s) may be purchased.

12. Named Designated Contacts

12.1. The Subscriber can always “Cc” their Support alias (if they have one and if they so choose) and RTI will “Reply All” in the Service Request response, alleviating concerns that the Subscriber may have about situations where the contact who originally opened the request is not in that role anymore. Service Request is “out of the office” but the organization has other Support experts on hand working the issue.

12.2. Subscriber is allowed to have 3 named and dedicated contacts to contact support.

13. Nonconformance

If Subscriber is unable to complete, or requires assistance in, the diagnosis of a reported problem, then RTI can aid Subscriber to perform a diagnosis. If RTI determines the problem is due to nonconformance to published specifications of a Software version, or another substantial RTI-related problem, then RTI shall provide any Software fix for the reported nonconformance that may be available at the time the problem is reported. If there is no such available fix, RTI shall use reasonable commercial efforts to remedy such nonconformance, which may include a workaround or other temporary fix to the Software. If a workaround or other temporary fix to the Software is provided, RTI shall make reasonable commercial efforts to include it in a subsequent Software update.

14. Reporting Non-Riversand Errors to Subscriber

Upon working the Service Request in normal processes and with appropriate management review, if at that point RTI believes that a problem reported by Subscriber may not be due to an error in the product, RTI will so notify Subscriber. At that time, Subscriber may (1) instruct RTI to proceed with problem determination at its possible expense as set forth herein or (2) instruct RTI that Subscriber does not wish the problem pursued at its possible expense. If Subscriber requests that RTI proceed with problem determination at its possible expense and RTI determines that the error was not due to the error in the product, Subscriber shall pay RTI, at the RTI then-current standard consulting rates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith. Subscriber shall not be liable for:

14.1. Problem determination or repair to the extent problems are due to anomalies in the RTI product or

14.2. Work performed after Subscriber has notified RTI that it no longer wishes problem determination to be continued at its possible expense (such notice shall be deemed given when actually received by RTI). If Subscriber instructs RTI that it does not wish the problem pursued at its possible expense or such determination requires effort in excess of Subscriber instructions, RTI may, at its sole discretion, investigate the anomaly with no liability therefore.

15. Exclusions

RTI shall have no obligation to Support:

15.1. Altered, damaged, or modified product or any portion of the product incorporated with or into other Software not specifically approved by RTI;

15.2. Product problems caused by Subscriber negligence, misuse, or misapplication, use of product other than as specified in the RTI user manual, or in any other causes beyond the control of RTI; or

15.3. RTI shall have no obligation to Support Subscriber if:

15.3.1. The Product was not purchased from RTI;

15.3.2. Appropriate payment for Subscription has not been received by RTI; and/or,

15.3.3. The annual Subscription Term has expired without renewal

16. Updates

This policy may be updated by RTI at any time.

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