Common use of Software Support Services Clause in Contracts

Software Support Services. If Seller provides Software as part of the Goods, then both during and following the expiration of the Software Warranty Period, Seller shall provide the following support services for Buyer and Buyer’s Customers with respect to the Software. The support services shall be provided at no additional charge, unless otherwise agreed in writing. Seller agrees to: (a) correct any failure of the Software to perform in accordance with the Software Specifications, including without limitation, defect repair, programming corrections, and remedial programming, and provide such services and repairs required to maintain the Software so that it operates properly and in accordance with the Software Specifications; (b) provide telephone support for the Software Monday through Friday, 8:00 AM to 9:00 PM EST; (c) provide online access to technical support bulletins and other user support information and forums; (d) respond to Priority One Issues (as defined below) within thirty (30) minutes of Buyer’s service request and initiate work on such issues within two (2) hours thereafter, regardless of time of day or day of week. “Priority One Issues” involve substantial failure of the Software, or those which are critical to the User’s operations. Seller shall initiate work on all other support issues within four (4) hours from receipt of a service request. In the event Seller fails to achieve the foregoing response times, Seller shall issue to the User a credit in the amount of $250.00 for each (i) additional thirty (30) minutes, in the case of call response time; and (ii) additional hour, in the case of repair initiation time; and (e) provide all updates, modification, bug fixes and releases that Seller provides to its customers generally at no additional charge, or if applicable, in exchange for the support fees to be paid to Seller as mutually agreed to by the Buyer’s Customers.