Raven360 (CR) will establish and maintain an organization and process to provide support for the Software to Customer. Support shall include (i) diagnosis of problems or performance deficiencies of the Software and (ii) a resolution of the problem or performance deficiencies of the Software. CR will provide telephone software support on a business day basis. Business day is defined as 9:00 AM through 5:00 PM eastern standard time, excluding holidays and weekends. In addition, CR will provide an Internet based support system generally available seven (5) days a week, business days.
CR will use its best efforts to cure, as described below, reported and reproducible errors in the Software. CR utilizes the following four (4) severity levels to categorize reported problems:
The impact of the reported deficiency is such that the customer is unable to either use the Software or reasonably continue work using the Software. CR will commence work on resolving the deficiency within four (4) hour of notification and will engage staff during business hours until an acceptable resolution is achieved.
Important features of the Software are not working properly and there are no acceptable, alternative solutions. While other areas of the Software are not impacted, the reported deficiency has created a significant, negative impact on the Customer’s productivity or service level. CR will commence work on resolving the deficiency within eight (8) hours of notification and will engage staff during business hours until an acceptable resolution is achieved.
Important features of the Software are unavailable, but an alternative solution is available or non-essential features of the Software are unavailable with no alternative solution. The customer impact, regardless of product usage, is minimal loss of operational functionality or implementation resources. CR will commence work on resolving the deficiency within two (2) business day of notification and will engage staff during business hours until an acceptable resolution is achieved.
Customer submits a Software information request, software enhancement or documentation clarification which has no operational impact. The implementation or use of the Software by the Customer is continuing and there is no negative impact on productivity. CR will provide an initial response regarding the request within one (1) business week.
During the term of this agreement, CR will provide the Customer with copyrighted patches, updates, releases and new versions of the Software along with other generally available technical material. These maintenance materials including the Software may not be used to increase the licensed number of versions or copies of the Software. The Customer agrees not to use or transfer the prior version but to destroy or archive the prior version of the Software. All patches, updates, release and new versions shall be subject to the license agreement related to the Software.