BigFix Support and Maintenance Terms and Conditions

THESE SUPPORT AND MAINTENANCE TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT AND NOT A PRODUCT WARRANTY. ALL PRODUCTS AND MATERIALS RELATED THERETO ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE AGREEMENT. THIS ATTACHMENT IS AN ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT EXCEPT TO THE EXTENT UNAMBIGUOUSLY CONTRARY THERETO. To the extent the Agreement provides for support and maintenance by Company to Licensee of Reseller on Company’s standard terms, the following will apply so long as they remain Company’s standard terms and the Reseller and the Licensee are in full compliance with the Agreement. Capitalized terms not defined below have the same meaning as set forth in the Agreement.

1. Definitions.
• "E-mail Support" means ability to make requests for technical support assistance by e-mail at any time (with reasonable efforts by Company to respond within one business day) concerning the installation and use of the then-current release of a Products or Platform Components and any Previous Sequential Release.
• "Issue" means an error in a Product or Platform Components which significantly degrade such Product or Platform Component as compared to the Company’s published performance specifications therefor.
• "Issue Correction" means the use of reasonable commercial efforts to correct Issues.
• "Fix" means the repair or replacement of object or executable code versions of a Product or Platform Component or documentation to remedy an Issue.
• "Previous Sequential Release" means the release of a Product or Platform Component which has been replaced by a subsequent release of the same Product or Platform Component. Notwithstanding anything else, a Previous Sequential Release will be supported by Company only for a period of six (6) months after release of the subsequent release.
• "Severity 1 Issue" means an Issue which renders the core functionality of a Product or Platform Component inoperative.
• "Severity 2 Issue" means an Issue which substantially degrades the performance of a Product or Platform Component or materially restricts Licensee’s use of such Product or Platform Component.
• "Severity 3 Issue" means an Issue which causes only a minor impact on the Licensee’s use of a Product or Platform Component.
• "Severity 4 Issue" means an inquiry regarding capabilities of the Products or Platform Components; Licensee’s use of the Products or Platform Components is not impeded.
• "Telephone Support" means technical support telephone assistance between 7:00AM and 5:00PM in one time zone of Licensee’s choice (as specified herein or on any applicable Additions Schedule) during Company’s regular business days concerning the installation and use of the then current release of a Product or Platform Component and the Previous Sequential Release.
• "Web Support" means information available on the World Wide Web, including frequently asked questions, product documentation, and bug reporting.
• "Workaround" means a change in the procedures followed or data supplied by Licensee to avoid an Issue without substantially impairing Licensee’s use of a Product, Platform Component, or Extension.
2. Support And Maintenance. Support and Maintenance consist of: (a) Issue Correction and Telephone Support provided to a single consistent technical support contact concerning the installation and use of the then-current release of a Product or Platform Component and the Previous Sequential Release; (b) E-mail Support; (c) Web Support; and (d) Product and Platform Component updates that Company in its discretion makes generally available to its support and maintenance customers without additional charge.
3. Issue Severity Levels. Company shall exercise commercially reasonable efforts to correct any Issue reported by Licensee with the current unmodified release of Product or Platform Component in accordance with the severity level reasonably assigned to such Issue by Company. Company will use commercially reasonable efforts to initially respond to Issues reported by Licensee during Telephone Support hours within the target response times indicated below; however, these are targets only and there is no - guarantee that Company can or will resolve issue during such time.
• Severity 1 Issues -- Company shall promptly commence the following procedures: (i) assign Company engineers to correct the Issue; (ii) notify Company management that such Issues have been reported and of steps being taken to correct such Issue(s); (iii) provide Licensee with periodic reports on the status of the corrections; (iv) initiate work to provide Licensee with a Workaround or Fix; and (v) continue such commercially reasonable efforts until a Workaround or Fix has been made available to Licensee. Target initial response time: same business day.
• Severity 2 Issues -- Company shall exercise commercially reasonable efforts to provide Licensee with a Workaround or Fix. Company may include the Fix for the Issue in the next major release of the Product or Platform Component. Target initial response time: one (1) business day.
• Severity 3 Issues -- Company may include the Fix for the Issue in the next major release of the Product or Platform Component. Target initial response time: two (2) business days.
• Severity 4 Issues -- Company will provide relevant information to Licensee. Target initial response time: three (3) business days.
If Company believes that a problem reported by Licensee may not be due to an Issue with a Product or Platform Component, Company will so notify Licensee. At that time, Licensee may (1) instruct Company to proceed with problem determination at its possible expense as set forth below, or (2) instruct Company that Licensee does not wish the problem pursued at its possible expense. If Licensee requests that Company proceed with problem determination at its possible expense and Company determines that the error was not due to an Issue with the Product or Platform Component, Licensee shall pay Company, at Company’s then-current and standard consulting rates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith. Licensee shall not be liable for: (i) problem determination or repair to the extent problems are due to Issues with a Product or Platform Component; or (ii) work performed under this paragraph in excess of its instructions; or (iii) work performed after Licensee has notified Company that it no longer wishes work on the problem determination to be continued at its possible expense (such notice shall be deemed given when actually received by Company). If Licensee instructs Company that it does not wish the problem pursued at Licensee’s possible expense or if such determination requires effort in excess of Licensee’s instructions, Company may, at its sole discretion, elect not to investigate the Issue with no liability therefor.
4. Exclusions. Company shall have no obligation to support: (i) altered or damaged Products or Platform Components or any portion of a Product or Platform Component incorporated with or into other software; (ii) any Product or Platform Component that is not the then-current release or immediately Previous Sequential Release; (iii) Product or Platform Component problems caused by Licensee’s negligence, abuse or misapplication, use of Products or Platform Components other than as specified in the Company’s user manual or other causes beyond the control of Company; or (iv) Products or Platform Components installed on any hardware that is not supported by Company. Company shall have no liability for any changes in Licensee’s hardware which may be necessary to use Products or Platform Components due to a Workaround or maintenance release.
5. Premium Support. To the extent Licensee is entitled to Premium Support: Telephone Support will be expanded to twenty-four (24) hours; Licensee will be given access to expanded Company contact information, including technical support managers and engineers; Licensee will be assigned a Company technical support engineer as primary contact during Company business hours (PST or PDT as applicable); and Licensee’s reported Issues will be given priority over Issues of the same priority level reported by Basic Support customers.