MAINTENANCE AND SUPPORT POLICY
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING OR USING OASIS. BY USING OR PURCHASING OASIS, YOU SIGNIFY YOUR ASSENT TO THIS AGREEMENT. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN YOU MUST NOT USE OR PURCHASE OASIS.
1.1 “Annual Maintenance Service Fee” shall mean a rate paid by Licensee for product maintenance and support.
1.2 “Maintenance Services” shall mean any maintenance, telephone support, website support, and/or email support provided in accordance with this Agreement.
1.3 “Term” shall mean the initial one (1) year term of Maintenance included in the purchase of OASIS license by the Licensee.
1.4 “Renewal Term” shall mean any one (1) year term of Maintenance services elected by licensee subsequent to the Term.
1.5 “Updates” shall mean any release for revisions, modifications, updates, and changes to the Software and documentation that are made commercially available.
2 SERVICE AGREEMENT TERM
The term of this agreement is an initial one (1) year. The licensee has the option to purchase additional one (1) year extensions at the Licensee’s election.
3 LICENSEE RESPONSIBILITIES
3.1 Obligations — The Licensee agrees to provide Ingen Software with reasonable access to all necessary personnel to answer any questions about any problems reported by Licensee regarding the Software. Licensee also agrees to promptly implement all Updates provided by Ingen Software.
When requested and necessary, the Licensee shall provide Ingen a reasonable description of the suspected error and the following information:
- Name and Agency information
- Version of OASIS in use
- System’s make, model, processor type, and speed.
- The name and version number of the operating system.
- A detailed description of the problem.
- Any other information that is pertinent to diagnosing and solving the Licensee’s suspected error.
Ingen will promptly investigate the facts and circumstances of the error and provide an explanation or a reasonable workaround solution as is appropriate for the circumstance.
4 SUPPORT PACKAGE
We endeavor to provide the best service in the industry. Individuals attempting to set up the OASIS demo, users in their first year of OASIS use, and those with paid maintenance and support contracts may contact us in the following manner:
4.1 Open Ticket — Users may send OASIS the transaction in which they are experiencing the issue. Customer service will receive the transaction and respond to the user within 24 hours during the business week.
4.2 Email — Users may send OASIS requests and questions to email@example.com. These items will be handled by customer service who will respond to the user within 24 hours during the business week. Email sent to a specific individual may not receive a response within 24 hours as that person may be out of the office.
4.3 Phone — Users may call us at 501-843-6750 from 7am-7pm CST.
4.4 Installation/Relocation of Database — In deference to the needs of businesses to conduct setup and maintenance outside of regular business hours, we will be available by appointment to assist IT personnel after regular business hours. Appointments must be made 5 business days in advance to assure that someone can be available to work with your IT person at your chosen time.
Ingen cannot guarantee response time or accurate assistance without the following information being provided at the time of the request (This information is required regardless of which manner you choose to access support.):
· Name and contact information — email and phone
· Business Name
· Version of OASIS
· Area in which you are experiencing the issue
· Transaction and any errors
5 COVERED ITEMS
5.1 Updates to the OASIS software including access to new features, etc.
5.2 Installation of OASIS on your hardware
5.3 Answering questions about a feature of OASIS (limited to individual features; this does not include training on any applications in OASIS)
5.4 Common Workarounds
5.5 Error Identification — Upon identification of any programming error, Licensee shall notify Ingen of such error and shall provide Ingen with a problem report and enough information to reproduce the error. Ingen shall use its reasonable efforts to respond to problem reports. This may include using web based interaction to gather additional information for the problem reported.
Ingen shall correct any reproducible programming errors in the Software attributable to Ingen with the level of effort commensurate with the error, provided Ingen shall have no obligation to correct all errors in the Software. Ingen shall not be responsible for correcting any errors not attributable to Ingen. Errors attributable to Ingen shall be those that are reproducible by Ingen on unmodified software.
Licensee shall reimburse Ingen at Ingen’s then-current time and material rates for all work undertaken by Ingen during the process of investigating an error or malfunction that Ingen reasonably determines to have been caused by a modification to the Software that was neither made nor authorized by Ingen or that Ingen determines to have been caused by another software process or another software product(s).
5.6 Database recovery attributable to Sybase
5.7 Set up of Backups (Integrity of data and actual backing up of data are the responsibility of the user)
6 ITEMS NOT COVERED
6.1 Installation, operation, functions or service of other non-OASIS software products. OASIS may work with other installed programs on your system. Errors attributable to that software, its installation, or its use are not covered in OASIS maintenance and support.
6.2 Training on the use of OASIS as a whole or applications inside of OASIS
6.3 WEB based training — While we have the ability to train users over the web, this will incur additional fees not contemplated by service and maintenance.
6.4 Hardware/Network configuration. This includes printers and their drivers.
6.5 Assistance in researching/retrieving data lost caused by improper backups, hardware failure, or deletion. In these situations, assistance in retrieving data will be billed at an hourly rate.
6.6 During the software development process, it will become necessary for us to determine an “End of Life” date for a version of the software. Once this date has been determined and announced, we will do our best to help all holders of current support and maintenance contracts to update to a supported version. Users who do not have a current support and maintenance contract will be able to continue use of the version they have paid for but will not be eligible for customer support or upgrades to the latest version.
6.7 PDF repair — PDFs that are locked or encrypted.
6.8 Access to source code — Customers will not be allowed access to source code outside extraordinary circumstances. Customer must have individual or be covered under a group escrow agreement. The triggering conditions for the escrow must have been met and a court has ordered the escrow company to release the code.
7 CUSTOM SOFTWARE
On certain occasions, we will agree to create custom code to meet the needs of our customers. When considered whether custom code is the answer to your business need, you might want to consider the following:
7.1 The concept must be fully agreed upon and developed prior to the creation of the code.
7.2 Custom code is released, “as is” without an agreement to repair or upgrade without a separate support and maintenance agreement.
7.3 Users must test and approve custom feature before deployment.
7.4 Ingen cannot guarantee that updates in the core OASIS code will not adversely affect custom code as there is no way to test it prior to release.