DATA STREET PARTNERS OPERATING LLC (“DSP”)

SUPPORT TERMS To the extent DSP has become obligated for support, the following will apply with respect to the DSP Offering so long as they remain DSP's standard terms and the Customer is in full compliance with the Agreement. Capitalized terms not defined in Section 5 below have the same meaning as in DSP’s EULA.

• SUPPORT SERVICES. Support Services consist of (a) Error Correction and Telephone Support provided to a single consistent technical support contact concerning the installation and use of the then current release of the DSP Offering and the Previous Sequential Release, (b) E-mail Support, (c) Web Support, and (d) DSP Offering updates that DSP in its discretion makes generally available to its support Customers without additional charge.
• ERROR PRIORITY LEVELS. DSP shall exercise commercially reasonable efforts to correct any Error reported by Customer in the current unmodified release of the DSP Offering in accordance with the priority level reasonably assigned to such Error by DSP. The reported Errors are classified in the following manner:
  • Urgent: A production application is down or there is a major malfunction, resulting in a business revenue loss and impacting the application functionality for a majority of users.
  • High: Critical loss of application functionality or performance, impacting the application functionality for a high number of users.
  • Medium: Moderate loss of application functionality or performance, impacting multiple users.
  • Low: Minor loss of application functionality or product feature in question.
• FUNCTIONAL DEFINITIONS. For the purposes of Error classification, essential or major functions include: data capture features, SLA and alarming features, performance management features and application performance problem resolution features.
• RESPONSE TIME. DSP shall use commercially reasonable efforts to respond to Errors within four (4) hours for Urgent and High Errors. DSP will use reasonable means to repair the error and keep Customer informed of progress. DSP makes no representations as to when a full resolution of the error may be made.

• EXCLUSIONS. DSP shall have no obligation to support: (i) an altered or damaged DSP Offering or any portion of the DSP Offering incorporated with or into other software; (ii) any DSP Offering that is not the then current release or immediately Previous Sequential Release; (iii) a DSP Offering problem caused by Customer’s negligence, abuse or misapplication, use of the DSP Offering other than as specified in the DSP's Documentation or other causes beyond the control of DSP; or (iv) a DSP Offering installed on any hardware that is not supported by DSP. DSP shall have no liability for any changes in Customer’s hardware which may be necessary to use the DSP Offering due to a Workaround or release.
• DEFINITIONS.
  • “E-mail support” means ability to make requests for technical support assistance by e-mail at any time (with reasonable efforts by DSP to respond within one business day) concerning the installation and use of the then current release of a DSP Offering and the Previous Sequential Release.
  • “Error” means an error which significantly degrades a DSP Offering as compared to the DSP’s published Documentation.
  • “Error Correction” means the use of reasonable commercial efforts to correct Errors.
  • “Fix” means the repair or replacement of object or executable code versions of a DSP Offering or documentation to remedy an Error.
  • “Previous Sequential Release” means the release of a DSP Offering which has been replaced by a subsequent release of the same DSP Offering. Notwithstanding anything else, a Previous Sequential Release will be supported by DSP only for a period of twelve (12) months after release of the subsequent release.
  • “Telephone Support” means technical support telephone assistance from 8 a.m. – 6 p.m. Eastern Standard Time, during Business Days and Excluding Federal Holidays as defined by the Federal Reserve, concerning the installation and use of the then current release of a DSP Offering and the Previous Sequential Release.
  • “Web Support” means information available on the World Wide Web, including frequently asked questions, product documentation and bug reporting.
  • “Workaround” means a change in the procedures followed or data supplied by Customer to avoid an Error without substantially impairing Customer’s use of a DSP Offering.
• AUTHORIZED SUPPORT CONTACTS. Support will be provided solely to Customer’s authorized support contacts. Customer will be asked to designate its authorized support contacts, including its primary email address.
• CUSTOMER’S OBLIGATION TO ASSIST. Should Customer report a purported Error in the DSP Offering to DSP, DSP may require Customer to provide DSP with the following information:
  • A general description of the operating environment
  • A list of all hardware components, operating systems, and networks
  • A reproducible test case
  • Any log files, trace, and system files

Customer’s failure to provide this information may prevent DSP from identifying and fixing the reported Error.