Support Services
- Defined Terms. In addition to terms defined elsewhere in this
Agreement, where capitalized, the following words and phrases shall be defined
as follows:
- “Defect” means problems experienced by End User that can be reproduced by Bocada, and that result from the Product’s failure to perform substantially in accordance with its Documentation.
- “Latest Release” means the most current version of the Product, whether in the form of either a Major Release or a Minor Release.
- “Major Release” means a new version of the Product identified by a change of the first digit of the Product nomenclature (e.g., version 3.x to version 4.x).
- “Minor Release” means a new version of the Product identified by a change of the second digit of the Product nomenclature (e.g., version 3.5 changes to version 3.6) and made generally available by Bocada in its discretion, with modifications and/or additions to the Product code for the purpose of (i) correcting Defects including, but not limited to, programming errors, bug fixes, and/or error corrections; or (ii) providing general improvements including, but not limited to, substantial improvements in and/or new additions to existing functionality and/or features of the Product.
- Scope. Bocada will provide Support Services as follows:
- Assistance Support.Bocada will exercise reasonable efforts to provide assistance and workarounds for repairing Defects (“Assistance Support”). Assistance Support will be available by Bocada via email and by phone from 6:00 a.m. to 6:00 p.m. Pacific Time, Monday through Friday, except the designated holidays published yearly by Bocada to the End User via email or its web site at www.bocada.com.
- Maintenance Support.
- Bocada will exercise reasonable efforts to provide Minor Releases, as needed, with respect to the Product.
- Bocada will provide Minor Releases, if any, in machine-readable object code format to End User within a reasonable period of time from the date such Minor Releases are generally made available to all licensees. Additionally, Bocada will promptly provide revised Documentation with each Minor Release, if and as necessary.
- Maintenance Limitations. Bocada is under no obligation to provide Support Services with respect to (i) any version of the Product altered or modified by any person unless specifically authorized in writing by a duly authorized representative of Bocada; (ii) any version of the Product other than the Latest Release and the most recent prior Minor Release; (iii) Product being used in conjunction with third party software or applications, unless specifically authorized in writing by a duly authorized representative of Bocada; and/or (iv) any version of the Product not operated on a Certified Operating Environment (as specified in the Product’s Documentation).
- General Limitations. The following are specifically excluded from Support Services: (i) installation support, consulting or training (these Services may be obtained at mutually agreeable rates, if available, via an order for Professional Services); (ii) modification of the Product to operate with new and future versions of any software, operating system, database, middleware or models without Bocada’s approval; (iii) response to End User’s calls for support if, in Bocada’s reasonable opinion, End User has failed to provide sufficient information, as reasonably requested by Bocada, to enable Bocada to identify, reproduce and analyze the reported Defect.
- End User’s Obligations. Bocada’s provision of Support
Services is contingent upon the following End User obligations:
- designation of at least one (1), and no more than three (3), qualified and trained individuals as a primary contact for Support Services;
- installation of Minor Releases, so that End User is operating either the Latest Release or the most recent prior Minor Release of the Product on Bocada Certified Operating Environment;
- prompt notification to Bocada of any malfunction, programming error or other Defect in accordance with procedures furnished by Bocada at www.bocada.com; and
- prompt destruction of all materials related to versions of the Product that are no longer in use and copies thereof when End User implements a Minor Release; provided that copies of the Product made incidental to normal nightly backup of End User’s computer network are not required to be destroyed, but are prohibited from use.
- Prior Product Versions.
- End User may continue to use Licenses for prior versions of the Product, however, Bocada’s obligations with respect to Support Services for such Product will be the lesser of (i) six (6) months after a subsequent Minor Release, and (ii) one (1) month after two (2) subsequent Minor Releases, or (iii) the release of a third Minor Release.
- Notwithstanding the foregoing, at any moment in time the combined total number of Licenses installed by End User (previous versions and Latest Release, combined) may not exceed the total number of Licenses purchased.
- End-Of-Life of Latest Release.
- Upon a new Major Release, Bocada automatically declares an end-of-life for the most recent prior version of the Major Release and all associated Minor Releases (the “EOL Product”). End User may continue to use Licenses for the Latest Release and most recent prior version of the EOL Product, however, Bocada’s obligations with respect to Support Services for such Product will be limited to twelve (12) months of Assistance Support and nine (9) months of Maintenance Support (subject to the payment by End User of any Support Fees that are necessary to co-terminate the expiration of End User’s then-current Support Services Term with the expiration of such twelve (12) month period).
- Additionally, Bocada expressly reserves the right to terminate Support Services with respect to any Product; provided that (i) Bocada will notify End User of the Support Services termination date, and (ii) Support Services will be available to End User, with respect to the Latest Release of such Product, for a period of up to twelve (12) months from the declared Support Services termination date (subject to the payment by End User of any Support Fees that are necessary to co-terminate the expiration of End User’s then-current Support Services Term with the expiration of such twelve (12) month period).
- Response Objectives.
- Bocada’s initial response will confirm receipt of the issue, request additional information if necessary, provide a time estimate for next version and, when possible, provide corrective actions or troubleshooting steps to be taken. Each time an issue is submitted, a specific severity disposition will be determined/confirmed. The severity level may change during the resolution process, but an initial severity must be set.
- All issues received via normal support channels and during standard business day hours
will receive an initial response from Bocada within the following response
times, measured from Bocada’s receipt of the issue and based on the severity:
Severity
Description
Initial Response
Critical
A Defect rendering the Product completely unusable.
within four (4) hours
Major
A Defect rendering an essential feature of the Product as unusable, or data loss/corruption is occurring or imminent.
within twelve (12) hours
Minor
A Defect rendering part of the Product is non-functional, compromising the system’s effectiveness, although all essential parts of the Product can be used.
within twenty-four (24) hours
Low
End User is dissatisfied with the work process including unpleasant or frustrating processes that affect the system’s ease of use, however, End User can circumvent the problem and use the Product with only sight inconvenience.
within twenty-four (24) hours
- Bocada Resolution Objectives.
- Resolution of an issue can take several forms. In most situations a resolution is the elimination of an issue that is reached through troubleshooting and/or implementing any necessary Product changes in the environment. The resolution may consist of a code change delivered via a Hotfix, Service Pack or Minor Release. It may also be a development build to address an issue that is specific to a End User or a suitable work-around that corrects the problem temporarily without negatively impacting the environment. In this instance the work-around would be used until a long-term resolution can be delivered in a code release. A resolution may also take the form of configuration changes to the application or database, by identifying that a fix is included in a more current version or simply by providing appropriate answers to questions. In some limited circumstances a fix may be out of the current scope of the application. In this case, a Feature Request may be entered into Bocada’s support portal to recommend a product enhancement be included in a future release. The Feature Request will be evaluated by Bocada to determine if and when it may be added to the Product.
- The resolution response targets assume specific expectations about the environment and deployment in which the Defect occurred. The environment must meet the specifications for the supported Product and backup application versions, SQL server version and hardware configuration. The environment must have a standard or agreed upon deployment without unauthorized customization to the Product.
- The End User must be willing to support Bocada’s stated response times. If these response times cannot be met, the severity will be lowered.
- In all cases, conditions for resolution presume the Product has already been successfully implemented or upgraded and delivered into full production at a End User site. If the environment or deployment phase does not conform to these expectations, issue severity assignment and resolution effort targets are invalidated.
- Bocada will exercise commercially reasonable efforts to resolve
issues in accordance with the following time objectives:
Severity
Resolution Effort
Critical
The objective will be to provide relief to the End User within twenty-four (24) hours and provide a solution or fix within seven (7) days. Requires maximum effort support until an emergency fix or bypass is developed and available for shipment to the End User. May require the End User and Bocada or its representative to be at their respective work locations and/or available around-the-clock.
Major
fourteen (14) calendar days.
Minor
twenty-one (21) calendar days.
Low
twenty-eight (28) calendar days.
