Common use of Urgent Clause in Contracts

Urgent. A production application is down or there is a major malfunction, resulting in a business revenue loss and impacting the application functionality for a majority of users. functionality for a high number of users. FUNCTIONAL DEFINITIONS. For the purposes of error classification, essential or major functions include: data capture features, SLA and alarming features, performance management features and application performance problem resolution features. RESPONSE TIME. AppDynamics shall use commercially reasonable efforts to respond to error reports in accordance with the table set forth below. AppDynamics will use reasonable means to repair the error and keep End User informed of progress. AppDynamics makes no representations as to when a full resolution of the error may be made. Urgent 4 Hrs. 1 Day Immediate 1 Business Day 1 Week Daily High 12 Hrs. 3 Days 1 Business Day 1 Week 2 Weeks Weekly Medium 1 Business Day Next Release Monthly Review for All Open Issues Quarterly Review for All Open Issues None None Low 1 Business Day At AppDynamics’ Discretion Monthly Review for All Open Issues Quarterly Review for All Open Issues None None APPDYNAMICS SUPPORTED VERSIONS. Support is provided for AppDynamics Pro* Edition 3.5.x or later. Support is defined as follows: • Mainstream support: support requests are accepted and the version is maintained with bug fix releases and patches. • Extended support: support requests are accepted however the version is not maintained. • Out of support: no support requests are accepted and the version is not maintained. AppDynamics provides extended support for a period of twenty-four (24) months after a version’s release. AppDynamics provides mainstream support for a period of twelve (12) months after a version’s release. For example, if a version was released in December of 2012: Mainstream support: From <2012-Dec> to <2013-Dec> Extended support: From <2013-Dec> to <2014-Dec> Out of support: From <2015-Jan>. For Third Party Software, AppDynamics will follow the End of Life (“EOL”) timeline announced by the specific vendors around platform support which means we will announce EOL on support of the specific platform once the provider of the software announces it and will drop support for that platform once the software vendor for that platform stops supporting that version. This means that the customers would generally have an advance notice of six (6) months. AUTHORIZED SUPPORT CONTACTS. Support and maintenance will be provided solely to End User’s authorized support contacts. End User’s Order Form will indicate a maximum number of authorized support contacts for End User’s license level. End User will be asked to designate its authorized support contacts, including its primary email address. SUPPORTED VERSIONS. Support is provided for AppDynamics Pro* Edition 3.0.1 and later on Java, 3.3.1 and later on .NET.