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MOOGSOFT MAINTENANCE AND SUPPORT AGREEMENT
1.1 Maintenance and support services
1.1.1. “End User” is the entity who has entered into an Agreement with Moogsoft Inc. or Moogsoft Limited (“Moogsoft”) to purchase the Product Offering.
1.1.2. “Product Offering” means the Moogsoft product offering identified in an order form, purchase order, or online order entered through Moogsoft’s online order portal accepted by Moogsoft (an “Order Form”), consisting of either (a) the on-premise version of the Moogsoft application intelligence software product (“Software Product”) or (b) the hosted, software-as-a-service version of the Moogsoft application intelligence software product (“SaaS Product”).
1.1.3. “Support” is defined as the responsibilities with respect to the Product Offering as set forth herein. “Maintenance” means the provision of error corrections, bug fixes, new releases, updates, product extensions and enhancements with respect to the Product Offering, in each case as made generally commercially available by Moogsoft in its sole discretion, but excluding new products that are subject to a new license fee, as determined by Moogsoft in its sole discretion.
1.1.4. “Normal Working Hours” means the hours of 9.00 a.m. to 5.00 p.m. Monday to Friday, excluding bank and public holidays in California, US (if you are a non-European entity) or the UK (if you are a European entity)
1.1.5. “Maintenance and Support Fees” are the applicable fees for Maintenance and Support agreed in the Order Form.
1.1.6. Subject to payment by the End User of the Maintenance and Support Fees for the relevant period, Moogsoft shall provide Support and Maintenance for the Product Offering during Normal Working Hours beginning on the date Moogsoft delivers to End User the Software Product or Software license keys, as applicable (in the case of the Software Product), or access credentials for logging in to the hosted service (in the case of the SaaS Product).
1.1.7. End User shall install and use the most recent versions of the Product Offering made generally available by Moogsoft as part of Maintenance as soon as reasonably practicable after their release. End User understands and acknowledges that it is necessary for the End User to ensure that all such bug fixes, error corrections and enhancements are implemented by the End User in order for Moogsoft to properly provide Maintenance and Support. Moogsoft will only provide Maintenance and Support for the most current, generally available release of the Product Offering, the previous release (N-1), and all bug fixes, error corrections and enhancements made generally available over the preceding 12 (twelve) months.
1.1.8. Maintenance and Support is not provided for evaluation licenses or beta or non-production products unless otherwise specified in writing.
1.2. Maintenance and Support will comprise the following:
1.2.1. A telephone help desk to provide first-line technical support via remote diagnosis to End Users Support Contact(s) for support of the unmodified Product Offering; and
1.2.2. All bug fixes, error corrections and enhancements for the Product Offering generally released by Moogsoft during the term of the License.
1.3. First line technical support covers:
1.3.1. Problems that are demonstrable in the currently supported version of the Product Offering running unaltered on an appropriate hardware and operating system configuration; and
1.3.2. Bugs which have been reproduced by technical support in the latest supported release of the Product Offering.
2. Support Staff
2.1. Moogsoft shall appoint a support representative, who shall be responsible for the co-ordination of all matters relating to Maintenance and Support (the “Support Representative”).
2.2. The End User shall ensure an appropriate number of employees are trained to deal with the day to day support of the Product Offering (the “Service Personnel”). One (or more, subject to the agreement of Moogsoft) of such Service Personnel shall be appointed as the End User’s Support Contact(s) through whom all support calls are channeled to the Moogsoft Support Team.
2.3. The End User shall ensure that its Support Personnel have attended a training course in the Product Offering, and are familiar with the Product Offering in use on the End User’s site. The Support Contact(s) must be able to relate questions or describe problems to the Moogsoft Support Team. In addition, the End User shall ensure that the Support Contact is able to assess and implement any advice provided by Moogsoft.
3.1. Moogsoft aims to respond to logged support calls in the response times shown below. Response times are measured during Normal Working Hours from when the support call was logged to the time that the support call is picked up by the Moogsoft Support Team. Category Fault Initial Target response
S1 The Product Offering causes the product to be down and out of production, interrupting utilization and completely impacting the ability to produce meaningful results 30 minutes acknowledgement upon receipt of issue
S2 A consistent problem resulting in a reproducible error impacting functionality of the product but isolated to a smaller user community or a specific non-critical functionality. 2 hour acknowledgement upon receipt of issue during Normal Working Hours
S3 A non-critical failure described as intermittent and cannot be reproduced consistently. End users are able to complete work successfully. 6 hour acknowledgement upon receipt of issue during Normal Working Hours
4.1. The following is not covered under Maintenance and Support and Moogsoft shall have no obligation to provide Maintenance and Support where faults arise from:
4.1.1. Misuse, incorrect use of or damage to the Product Offering from whatever cause (other than any act or omission by Moogsoft), including failure or fluctuation of electrical power, communications network or other utility;
4.1.2. Failure to maintain the necessary environmental conditions for use of the Product Offering;
4.1.3. Use of the Product Offering in combination with any equipment or software not provided by Moogsoft or not designated by Moogsoft for use with the Product Offering, or any fault in any such equipment or software;
4.1.4. Relocation or installation of the Product Offering by any person other than Moogsoft or a person acting under Moogsoft’s instructions;
4.1.5. Failure to use the latest version of the Product Offering as detailed in clause 1.1 of this Exhibit.;
4.1.6. Any attempts at repairs, maintenance , or modifications to the Product Offering by any person other than Moogsoft or a person acting under Moogsoft’s instructions;
4.1.7. Modified or bespoke versions of the Product Offering (whether or not such modifications have been carried out by Moogsoft).
4.1.8. Moogsoft may, at its discretion and the End User’s request, provide maintenance and support services to the End User that would otherwise be excluded under this Maintenance and Support Agreement on a time and materials basis as a consultancy service, at the Moogsoft’s standard rates, and shall be agreed between the parties in a separate agreement
Last Updated September 12, 2016