Common use of Software Maintenance Support Clause in Contracts

Software Maintenance Support. Pitney ▇▇▇▇▇ Customer Support is available at a toll-free Pitney ▇▇▇▇▇ customer support number and internet during normal operating hours, which are from 7 a.m. to 7 p.m. Central Time, Monday through Friday, excluding PBI-observed U.S. holidays, except as otherwise noted in the related SOW (“Normal Operating Hours”). You may request service by contacting Pitney Bowes by telephone or you may place a request via Pitney Bowes’ website ▇▇▇.▇▇.▇▇▇. (a) During Maintenance Support, Pitney ▇▇▇▇▇ shall use commercially reasonable efforts to respond to issues identified by Licensee within a commercially reasonable time. The determination and classification of reported issues by Licensee shall be made by ▇▇▇▇▇▇ ▇▇▇▇▇’▇ Customer Service Department (“CSD”). ▇▇▇▇▇▇ ▇▇▇▇▇’▇ CSD shall evaluate and identify each issue and assign it an appropriate severity level. In the absence of unusual circumstances, issues with a greater severity level shall be treated with a higher priority level than those with a lesser severity level. Pitney Bowes currently classifies severity levels and responds as follows: Severity Level 1: Primary functionality of the Pitney ▇▇▇▇▇ Software has been lost and there is no work-around. Until the severity level is reduced or the problem is resolved, Pitney ▇▇▇▇▇ CSD will work continuously during Normal Operating Hours (as defined below) to develop a plan to resolve the problem and, thereafter, will assign appropriate resources to implement plan. Pitney ▇▇▇▇▇ CSD will provide status updates to Licensee regularly, which shall be no less frequently than daily at end of day. Severity Level 2: Same as Severity Level 1, except there is a reasonable work-around. Severity Level 3: Use of the Pitney ▇▇▇▇▇ Software is impaired and there is a work-around. Until the severity level is reduced or the problem is resolved, Pitney ▇▇▇▇▇ CSD will work during Normal Operating Hours to develop a plan to resolve the problem and, thereafter, will assign appropriate resources to implement plan. Pitney ▇▇▇▇▇ CSD will provide status updates to Licensee no less frequently than weekly. Rev 5/15 page 1 of 4

Appears in 1 contract

Sources: Software Maintenance and Data Subscription Agreement

Software Maintenance Support. Pitney ▇▇▇▇▇ Customer Support is available at a toll-free Pitney ▇▇▇▇▇ customer support number and internet during normal operating hours, which are from 7 a.m. to 7 p.m. Central Time, Monday through Friday, excluding PBI-observed U.S. holidays, except as otherwise noted in the related SOW (“Normal Operating Hours”). You may request service by contacting Pitney Bowes ▇▇▇▇▇ by telephone or you may place a request via Pitney Bowes▇▇▇▇▇’ website ▇▇▇.▇▇.▇▇▇. (a) During Maintenance Support, Pitney ▇▇▇▇▇ shall use commercially reasonable efforts to respond to issues identified by Licensee within a commercially reasonable time. The determination and classification of reported issues by Licensee shall be made by ▇▇▇▇▇▇ ▇▇▇▇▇’▇ Pitney Bowes’s Customer Service Department (“CSD”). ▇▇▇▇▇▇ ▇▇▇▇▇’▇ Pitney Bowes’s CSD shall evaluate and identify each issue and assign it an appropriate severity level. In the absence of unusual circumstances, issues with a greater severity level shall be treated with a higher priority level than those with a lesser severity level. Pitney Bowes ▇▇▇▇▇ currently classifies severity levels and responds as follows: Severity Level 1: Primary functionality of the Pitney ▇▇▇▇▇ Software has been lost and there is no work-around. Until the severity level is reduced or the problem is resolved, Pitney ▇▇▇▇▇ CSD will work continuously during Normal Operating Hours (as defined below) to develop a plan to resolve the problem and, thereafter, will assign appropriate resources to implement plan. Pitney ▇▇▇▇▇ CSD will provide status updates to Licensee regularly, which shall be no less frequently than daily at end of day. Severity Level 2: Same as Severity Level 1, except there is a reasonable work-around. Severity Level 3: Use of the Pitney ▇▇▇▇▇ Software is impaired and there is a work-around. Until the severity level is reduced or the problem is resolved, Pitney ▇▇▇▇▇ CSD will work during Normal Operating Hours to develop a plan to resolve the problem and, thereafter, will assign appropriate resources to implement plan. Pitney ▇▇▇▇▇ CSD will provide status updates to Licensee no less frequently than weekly. Rev 5/15 page 1 Severity Level 4: There is a minor problem with the Pitney ▇▇▇▇▇ Software. Pitney ▇▇▇▇▇ CSD will provide status updates to Licensee in accordance with a mutually agreed upon schedule. Severity Level 5: Licensee has requested a new feature or modification of 4the Pitney ▇▇▇▇▇ Software. Pitney ▇▇▇▇▇ CDS will discuss the request with Licensee, inform Licensee if the request can be accommodated, with or without additional charge, and if it can, provide status updates to Licensee in accordance with a mutually agreed upon time schedule. (b) Maintenance Support shall be limited to telephone, Internet or electronic customer support response(s) at our sole discretion; and is contingent upon Licensee providing access, as requested by Pitney ▇▇▇▇▇, for Internet and/or electronic remote support. Maintenance Support is provided under the condition that Licensee provides adequate information with respect to any malfunction in the Pitney ▇▇▇▇▇ Software. (c) On-site support shall be provided at U.S. locations only and upon written request of Licensee and the execution of, or in conjunction with, an additional agreement with Pitney ▇▇▇▇▇. If Licensee requests on-site assistance, Licensee shall be billed for and pay appropriate time and travel-related expenses. If Pitney ▇▇▇▇▇ determines that error corrections must be performed on- site, the related services are billable to Licensee unless Licensee has elected coverage under a Tier 2 Service Plan. (d) If Licensee is provided with Internet and/or electronic customer support, it is Licensee’s responsibility to determine the access allowed to its equipment. Pitney ▇▇▇▇▇ accepts no responsibility for any problems, loss or damage caused directly or indirectly by Pitney ▇▇▇▇▇ personnel or any other third parties when providing such service except to the extent directly caused by Pitney Bowes’s, and not caused by Licensee’s, negligence or willful misconduct. (e) We service your Software on-site at our sole discretion, Monday through Friday, 8 a.m. to 5 p.m. in your local U.S. time zone, excluding PBI-observed U.S. holidays. If we deem it necessary, a service engineer will be dispatched to arrive at Licensee location for on-site service, in most cases within eight- (8) normal business-day working hours after your initial contact with Pitney ▇▇▇▇▇ reporting the Software failure. If Licensee has elected coverage under a Tier 2 Service Plan there will be no hourly charges unless Pitney ▇▇▇▇▇ performs service outside those hours. (f) Professional services and training services, other than repair and maintenance services specifically referred to herein, are not covered by this Agreement.

Appears in 1 contract

Sources: Software License Agreement