Common use of SOFTWARE MAINTENANCE AND TECHNICAL SUPPORT Clause in Contracts

SOFTWARE MAINTENANCE AND TECHNICAL SUPPORT. (a) OneSoft Product Support. USWeb/CKS will, through its Global Network Operations Center provide necessary Tier 1 and Tier 2 support for OneSoft products and related service to all customers. USWeb/CKS also agrees to fund 100% of the development cost of software agents ("Software Agents") to proactively monitor the health of CONFIDENTIAL - DO NOT DUPLICATE USWeb/CKS iAMcommerce Solutions Powered by OneSoft. Software Agents will not interface directly with OneCommerce Enterprise Edition but instead will obtain necessary data from operating system logs (including without limitation NT Event Viewer and Performance Monitor) written to by OneCommerce Enterprise Edition. All right title and interest in any Software Agent created that is not derivative of OneSoft intellectual property and for which development is paid for in full by USWeb/CKS pursuant to such funding shall be vested in USWeb/CKS. OneSoft agrees to develop at its expense extensions (the "Extensions") to OneCommerce Enterprise Edition to write reasonable types and amounts of data to such logs to reasonably support proactive monitoring of the health of OneCommerce Enterprise Edition. All right title and interest in the Extensions shall be vested in OneSoft.OneSoft will also provide necessary Tier 3 level support to USWeb/CKS for the Software, to assist USWeb/CKS in its support of its USWeb/CKS iAMcommerce Solutions Powered by OneSoft customers. OneSoft will provide advance notice to USWeb/CKS with planned version support and maintenance discontinuation plans. OneSoft will provide Tier 3 support for all current releases of software, and for the previous release for 6 months (for example with v3 released on November 1, 1999 support would continue for release 2.1 until April 30, 2000, thereafter level 3 support for v2.1 would no longer be covered by OneSoft). OneSoft shall provide USWeb/CKS, any and all enhancements, bug fixes, modifications, revisions, updates, new releases and new versions, of or to the Software, as and when provided to OneSoft's customers generally under OneSoft's standard maintenance agreement, for Software. The support process and other related responsibilities of the Parties shall be as set forth in Section [6] of the Statement of Alliance Efforts. (b) OneSoft Maintenance and Support Fee. USWeb/CKS will pay OneSoft maintenance and support fees in accordance with the provision of Schedule 4(a). Monthly maintenance must be contracted and paid for all of a Third Party Customer's licensed Software (based on applicable pricing units) during the entire term of a Third Party Customer's USWeb/CKS Commercial Service agreement.