Bocada Support Services
This sets forth the Support Services provided pursuant to the Bocada end user license agreement (EULA).
1. Scope. Upon full payment of the License Fee Bocada will provide Support Services for the Licensed Software as follows:
A. Assistance Support. Bocada will exercise reasonable efforts to provide assistance and workarounds for Defects (“Assistance Support”). “Defects”, with respect to the Software, means problems experienced by Licensee that can be reproduced by Bocada, and that result from the Software’s failure to perform in accordance with its Documentation. Assistance Support will be available by Bocada for individual(s) designated by Licensee via email and by phone from 6:00 a.m. to 6:00 p.m. Pacific Time, Monday through Friday, except the designated holidays listed below.
New Year’s Day Memorial Day Independence Day
Labor Day Thanksgiving Day Day after Thanksgiving Day
B. Maintenance Support.
(i) Bocada will exercise reasonable efforts to provide Updates, as needed, with respect to the Software (“Maintenance Support”). “Updates“ are modifications and/or additions to the Software code for the purpose of (a) correcting Defects including, but not limited to, programming errors, bug fixes, and/or error corrections, and/or (b) providing updates including, but not limited to, substantial improvements in and/or new additions to existing functionality and/or features of the Software; provided, however, that Updates do not include modifications and/or additions to the Software for which Bocada generally charges a professional services fee.
(ii) Bocada will provide Updates, if any, in machine-readable object code format to Licensee within a reasonable period of time from the date such Updates are generally made available to all licensees. Additionally, Bocada will promptly provide revised documentation with Maintenance Support deliverables, if and as necessary.
(iii) Maintenance support is available for the current release and two prior major releases. Bocada will declare a release as a “Major Release” or “Minor Release” when it is made available. A “Major Release” will be published every 3-5 months. A “Minor Release” of the Software will be published monthly between major releases.
(iv) Bocada version scheme has the following form: <Year>.<Major Version>.<Month=Minor Version>.<Build Number>. For example, if we have three major versions in 2020, they would be 20.1, 20.2, 20.3. If 20.2 was released in June with the build number 12345, the final version will be: 22.214.171.12445
|Column / Digit||Description|
|1. Year||Year of the release|
|2. Major Ver||Major version of the release e.g. 1,2,3|
|3. Month||Month of the release (1 through 12)|
|4. Build||Build id from Bocada build system|
C. Support Services Limitations. Licensee acknowledges and agrees that Bocada is under no obligation to provide Support Services to Licensee with respect to (i) any version of the Software altered or modified by Licensee or any other person unless specifically authorized in writing by a duly authorized representative of Bocada; (ii) third party software or applications being used in conjunction with the Software, unless specifically authorized in writing by a duly authorized representative of Bocada; (iii) Software 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 Software not operated on a Certified Operating Environment (as identified in the Software License Terms and Conditions).
D. 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, on an as-available basis via Purchase Order for Professional Services); (ii) modification of the Software to operate with new and future versions of any software, operating system, database, middleware or models of hardware installed by Licensee; (iii) response to Licensee’s calls for support if, in Bocada’s reasonable opinion, Licensee has failed to provide sufficient information, as reasonably requested by Bocada, to enable Bocada to identify, reproduce and analyze the reported problem.
2. Licensee’s Obligations. Bocada’s provision of Support Services is contingent upon the following Licensee obligations:
A. designation and training of at least one (1) qualified individual;
B. designation of one (1) to three (3), qualified and trained individuals as a primary contact for Support Services;
C. acceptance of Software Updates, so that Licensee is operating either the Latest Release (defined in Section 3(A)) or the most recent prior release of the Software on Bocada Certified Operating Environment;
D. prompt notification to Bocada of any malfunction, programming error or other problem in accordance with procedures furnished by Bocada at bocada.wpengine.com; and
E. prompt destruction of all materials related to versions of the Software that are no longer in use and copies thereof when Licensee implements an Update; provided that copies of the Software made incidental to normal nightly backup of Licensee’s computer network are not required to be destroyed but are prohibited from use by Licensee.
3. Prior Software Versions.
A. The latest version of the Software is referred to as its “Current Release”. The Current Release could be a Major Release or a Minor Release. Licensee may continue to use Licenses for the most recent prior version of the Software, however, Bocada’s obligations with respect to Support Services for such Software will be the ongoing “Maintenance Support” for Current Release and two prior Major Releases and “Assistance Support” for all prior Major releases.
B. Notwithstanding the foregoing, at any moment in time the combined total number of Licenses installed by Licensee (previous versions and Latest Release, combined) may not exceed the total number of Licenses purchased by Licensee.
Bocada expressly reserves the right to declare an end-of-life decision related to any Product. In this event, Bocada will notify Licensee of the Software’s end-of-life date, and Support Services will be available to Licensee, with respect to the Latest Release of such Software, for a period of up to twelve (12) months from the declared end-of-life date (subject to the payment by Licensee of any Support Services fees that are necessary to co-terminate the expiration of Licensee’s then-current Support Services Term with the expiration of such twelve (12) month period).
4. Bocada Support Response Times. Upon prompt notification by Licensee to Bocada of any malfunction, programming error or other problem, the following response times can be expected during normal business hours:
Critical (1). Licensee’s use of the Bocada application is critically impacted, requiring an immediate solution. The Software, in its current state, is of no value to the customer.
Severe (2). Licensee’s use of the Software is severely impacted, requiring a near-term solution. An essential part of the system is unusable or not working as documented or data loss/corruption is happening or imminent. Unusable means that Licensee cannot or will not use an essential part of the system because of a defect or its design. Essential parts of the system are those that the Licensee needs to use the system effectively. The value of the Software, in its current state, is significantly hindered.
Medium (3). Licensee’s effective use of the Software is compromised. Effectiveness refers to Licensee’s productivity and satisfaction with the work process provided by the Software. A part of the system is non-functional, compromising the system’s effectiveness, although all essential parts of the system can be used.
Low (4). Licensee can circumvent the problem and use the system with only slight inconvenience; all essential parts of the product can be used. Licensee is dissatisfied with the work process including unpleasant or frustrating processes that affect the system’s ease of use.
Response Time Requirements
Initial. The initial response to an issue will confirm receipt of the issue, request additional information if necessary, provide a time estimate for next update and, when possible, provide corrective actions or troubleshooting steps to be taken. Each time an issue is opened, a specific severity disposition will be determined. The severity level may change during the resolution process, but an initial severity must be set.
Severity 1. All Severity 1 issues received via normal support channels and during standard business day hours will receive an initial response within four (4) hours of receipt. If it is determined during the initial communication that the issue is not Severity 1, response times will default to the determined severity level’s response times.
Severity 2. All Severity 2 issues received during standard business day hours will receive an initial response within twelve (12) hours of receipt.
Severity 3 and 4. All Severity 3-4 issues received during standard business day hours will receive an initial response within twenty-four (24) hours of receipt.