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SBS MAINTENANCE & SUPPORT AGREEMENT
Products: Utility DataHub™ (All Modules)
Automated Utility Design
Substation Design Suite for Inventor
Substation Design Suite for ACADE
Support Level: [Standard]
Version Date: October 2016
Provided that the customer has a valid license to one or more of the software products listed above from Spatial Business Systems, Inc. (“SBS”) and has paid the applicable license fees due, then SBS will provide the customer with maintenance and support services by providing prior notice to customers, provided always that such modification does not materially reduce the quality, availability or benefits of these maintenance and support offerings.
1. DEFINITIONS. Capitalized terms used herein but not defined shall have the meanings given to them in the applicable License Agreement. The defined terms below shall have the meanings given to them:
1.1 “Customer” means the party that licensed the Software pursuant to a License Agreement with SBS.
1.2 “Error” means a material and reproducible failure for the Software to function in substantial accordance with the applicable user documentation despite the customer’s use of the Software in accordance with that documentation.
1.3 “License Agreement” means the applicable license agreement between SBS and Customer under which SBS grants to Customer, during the term of such license agreement, certain rights to access and use the Software.
1.4 “Maintenance” means the periodic prevention and/or correction of Errors in the Software via general release of patches, bug fixes and the like, as further described herein.
1.5 “Major Release(s)” means a release of the Software which is not merely a patch or bug fix release but which contains substantially new features or functionality (e.g., an overhaul of the interface or change in compatibility). Major Releases are currently numbered sequentially as X.0, such as 1.0, 2.0, etc.
1.6 “Minor Release(s)” means a release of the Software which is primarily a patch or bug fix release and does not contain substantially new features or functionality. Minor Releases are currently numbered sequentially after the initial period ("."), such as 1.1, 1.2, 1.2.1, 1.2.2, etc.
1.7 “Software” means those of the products specified at the start of this document that Customer has licensed from SBS pursuant to a License Agreement.
1.8 “Technical Support” means SBS’s telephone, web and/or email-based assistance with Errors in Customer’s licensed Software that are identified and submitted by Customer as described herein.
2. TECHNICAL SUPPORT.
2.1 Technical Support Benefits. Technical Support includes the following benefits:
• Unlimited access to SBS’s Technical Support staff via e- mail (email@example.com), during “Normal Business Hours”: 8:00AM-5:00PM Mountain Time (UTC-07:00), Monday through Friday (excluding standard U.S. business holidays).
• Technical Support for the Software in multiple environments (e.g. production, test, development, etc.) to the extent permitted by the applicable License Agreement and user documentation.
• Ability to submit and track support tickets in the Online Support Center.
• Up to two hours of weekend or after-hours support for planned Releases or Maintenance (48 hours’ advance notice required and subject to staff availability).
2.2 Technical Support Standards.
SBS will respond to and resolve requests for Technical Support in accordance with the table set forth below.
The assigned SBS Technical Support representative(s) will make commercially reasonable efforts to remain engaged with Customer (either on the phone, via e-mail or through SBS’s website) as shown above and will engage additional members of SBS’s development team on an as-needed basis. Technical Support is available for all versions and releases of the Software; provided, however, that resolution of an Error may require installation of a Minor Release or Major Release. For each such issue submitted by Customer to SBS, SBS shall maintain a record of such request and apprise the Customer of the status of the issue as necessary. SBS shall provide Customer with a unique ticket number for each such technical support request.
2.3 Exclusions. Support does not include the correction or resolution of Errors to the extent resulting from (a) Software misuse, modification or combination with other products by Customer or a third party, or (b) changes in, incompatibility of or modifications to any Customer or third-party hardware or software used by Customer in connection with the Software; excluding, in each such case, where such conduct is specifically pre-authorized by SBS in writing.
2.4 Customer Obligations. Customer’s technical contacts must be adequately trained and knowledgeable about the Software and the network and environment in which it is used in order to facilitate Technical Support. Additionally, when submitting a support request, the technical contact must have a baseline understanding of the specified problem and an ability to reproduce the problem in order to assist SBS in diagnosing and triaging the problem.
2.5 No Sensitive Personal Information. Notwithstanding any confidentiality obligations owed by SBS to the contrary, Customer understands and agrees that Sensitive Personal Information (as defined below) is neither necessary for nor relevant to SBS’s provision of any Technical Support and that SBS is not responsible for maintaining any data security policies or procedures related thereto. All such transmissions by Customer (or any user) are prohibited and in any event are at the sending party’s own risk. As used herein, “Sensitive Personal Information” means social security numbers; passport numbers or other government-issued identification numbers; date of birth; health or medical information; personal financial account information; and any other information which a reasonable person would recognize as being highly sensitive (but excluding, for avoidance of doubt, basic contact information such as name, business address, email address and phone or fax numbers).
3. MAINTENANCE. SBS will from time-to-time perform Maintenance as needed on the most recent Minor Release under the then-current Major Release of the Software, and such updates will be made available to Customer via either issuance of a new Minor Release, inclusion in a new Major Release, or by other reliable means offered by SBS. Customer is not obligated to install any Minor Releases or Major Releases made available hereunder; however, SBS reserves the right to (a) only perform Maintenance on the most recent Minor Release under the then-current and the two immediately preceding Major Releases of the Software and (b) discontinue Maintenance on all other releases.
4. MAJOR RELEASES. To the extent that SBS periodically makes Major Releases available to its Software licensees, SBS shall make the same available to Customer. At the time of delivery of a Major Release, SBS shall prepare and deliver to Customer any Documentation revisions, additions or updates necessitated by such Major Release. All Major Releases to the Software shall be deemed part of the Software and governed by the License Agreement and this Exhibit and shall be supported and maintained as set forth herein. Customer is not obligated to install any Major Releases made available hereunder; however, SBS will only provide Technical Support and Maintenance on the Software versions specified in Sections 2.2 and 3, respectively.