Common use of Reporting an Error Clause in Contracts

Reporting an Error. 3.2.1 Upon discovery of an Error, Licensee should report the incident via the Micro Focus SupportLine internet or contact the Micro Focus SupportLine Help Desk and provide the following information: i) Serial number of Maintained Software (if initial contact) or incident number (if subsequent call to a Reported Error). A new incident number will be assigned at the time the incident is reported and provided to the Licensee for future related calls/inquiries; ii) Licensee information, as needed (name, organization, location, phone number, fax, email); iii) Full product name and version number of Maintained Software; iv) Any third party or other environmental information necessary to understand the problem; v) Description of the problem and steps necessary to recreate the problem, including sample programs, files, etc. as necessary; and vi) Where appropriate a minimal length of source code program that demonstrates the Reported Error. 3.2.2 Upon receipt of an Error report and the information listed in Clause 3.2.1 above, Micro Focus will attempt to reproduce the Reported Error within a commercially reasonable timeframe. If the Reported Error is confirmed, the Reported Error shall become a Confirmed Error and Micro Focus will use reasonable efforts to provide a Correction. All Errors must be demonstrable on the Reference Environment and Support Services will be provided for the Reference Environment(s) only. If Micro Focus develops, or has previously developed, a Correction for a Confirmed Error and includes, or has included, that Correction within an Update, Micro Focus may, at its option, provide Licensee with only the Update instead of providing the specific Correction. When provided under this Agreement, such Correction or Update will be provided to Licensee without additional charge. Should the situation arise where Micro Focus reasonably determines that for technical reasons a Correction cannot be achieved by Micro Focus using commercially reasonable efforts and/or within a reasonable time, then Micro Focus will notify Licensee of this fact and will work with Licensee to agree on the course of action to be taken. 3.2.3 In the event that Micro Focus is unable to take a Reported Error and reproduce it at Micro Focus’ premises for diagnostic purposes, Licensee may provide Micro Focus with direct access to Licensee's system on which the Reported Error has occurred for the purposes of remote diagnostic efforts to determine the cause. The parties will ensure that appropriate non-disclosure agreements are in place to protect the confidential and proprietary information of both parties. Such remote access shall be through services such as Live Meeting, Placeware, and other services which allow access to receiving systems through secure connections via the internet. 3.2.4 If following Micro Focus´ responses pursuant to clauses 3.2.2 and 3.2.3 above, Licensee has reasonable grounds for concern that Micro Focus may fail to provide the relevant Correction, then Licensee may bring its concern to the attention of the Support Manager responsible for the applicable support centre from which the Support Services are to be provided until Licensee´s concern is reasonably satisfied. If such Support Manager is unable to satisfy Licensee‘s reasonable concerns promptly after having been apprised of them, then Licensee may bring its concern to the attention of the Regional Support Manager responsible for the applicable territory from which the Support Services are to be provided until Licensee´s concern is reasonably satisfied Finally, if such Regional Support Manager is still unable to satisfy Licensee‘s reasonable concerns promptly after having been apprised of them, then Licensee may bring its concern to the attention of the Global Support Manager or Director until Licensee´s concern is reasonably satisfied.