Application Patching Clause Samples

Application Patching. This feature includes the scheduled application of vendor recommended patches to the base Operating System on an “as-needed” basis. If patches are classified “Urgent” by vendor due to a security risk, or if Customer requests that a patch be classified an Urgent Incident Priority, then Bright Bear will perform an emergency patch during next scheduled emergency Maintenance Window. Bright Bear will not apply 3rd party patches to Operating System, patches to applications, patches to software or software library patches as part of this Service. If patching was performed during previously agreed upon custom patching schedule, and if Customer has agreed upon reboots after patching, then Bright Bear shall reboot Devices without any further notification to Customer. If patching performed outside of a scheduled Maintenance Window requires a reboot of Customer Devices, then Bright Bear will make a reasonable effort to contact Customer. If Customer cannot be reached after such reasonable effort, then Bright Bear reserves the right to reboot Customer Device without further notification. Any Service Outage caused by application of patches performed as part of this feature shall not be grounds for any Service Credit. Customer agrees to not hold Bright Bear responsible for any unanticipated side effects or issues caused by this feature. Customer is responsible for notifying Bright Bear of any custom applications that may be affected by applying Operating System patches. In the case of custom applications, Customer is responsible for providing pre- update and post-update steps for Bright Bear engineers to follow and for approving any non-critical Operating System patches. Customer is responsible for checking status of Devices and applications after such patches are applied. Upon discovery by Customer of any abnormality, Bright Bear will provide assistance in backing out any such patches, where possible. Bright Bear will not be held responsible if patches cannot be backed out or if Customer Device cannot reasonably be returned to a pre-patch state. Customer has the option to “opt-out” or “opt-in” to this particular feature at any time with written notice to Bright Bear.