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Winshuttle, Inc. SHUTTLEtech Support ProgramOverviewThe Winshuttle SHUTTLEtech Support Program ("Support Program") is the comprehensive technical support and maintenance service offered with respect to Winshuttle software products (the "Software"). This document sets forth the terms and conditions applicable to Winshuttle's provision of technical support and maintenance with respect to the Software to Support Program subscribers (each a "Subscriber").1. Support Definitions."Error" means the failure of the Software to conform in any material respect to the technical specifications set forth in the user manuals, training manuals and other technical documentation applicable to the Software, as delivered by Winshuttle or its agents to a Subscriber (collectively, the "Documentation"). Winshuttle's support obligations under the Support Program are limited to using commercially reasonable efforts to assist Subscribers in the diagnosis and resolution of Errors, in accordance with the specifications set forth in this document. "Priority One Error" means an Error that causes a major component of the Software to be totally inoperable, critically affecting the Subscriber's business operations and user productivity, and for which the Subscriber has not been able to establish a workaround. "Priority Two Error" means an Error that causes a major component of the Software to be severely limited or degraded, significantly affecting the Subscriber’s business operations and user productivity, and for which the Subscriber has not been able to establish a workaround. "Priority Three Error" means an Error that causes the Software to be slightly limited or degraded, and the Subscriber's business operations and user productivity can substantially continue or for which the Subscriber has established a workaround or alternative configuration. "Priority Four Error" means an Error that has no material adverse effect on a Subscriber's use of the Software. 2. Technical Support. 2.1 Support Hours. Technical support is provided via telephone, e-mail and Web directly to then-current Subscribers with respect to Software covered under the Support Program, as follows:
2.2 Support Contacts. Each Subscriber shall identify up to two (2) individuals to act as such Subscriber’s designated contacts for all Software-related technical support communications. Only those two designated contacts may contact Winshuttle with technical support related issues. 2.3 Initial Error Response Following receipt of an Error Notice from a Support Contact, Winshuttle shall use commercially reasonable efforts to provide an initial response to the Subscriber within two (2) business hours ("Initial Response"). Each Initial Response shall include confirmation of the receipt of the Error notice by Winshuttle as well as assignment of a tracking number to the Error. 2.4 Error Resolution/Escalation Procedures and Resolution/Escalation Goals. Winshuttle shall use commercially reasonable efforts to conform to the Error resolution procedures and escalation / completion goals set forth in the tables below.
2.5 Re-Hosting. Provided that Re-Hosting is permitted under the terms of the license agreement applicable to a Subscriber's use of Software, Winshuttle shall provide such Subscriber with assistance in transferring license keys from one computer to another or from one individual end user to another individual end user (collectively "Re-Hosting"). 3. Software Updates and Upgrades. Winshuttle shall provide each Subscriber with any upgrade or update applicable to the Software that Winshuttle makes generally commercially available to Support Program subscribers during the term of such Subscriber's Support Program subscription coverage. 4. Subscriber's Cooperation. Each Subscriber shall assist Winshuttle or its agents in resolving any Error, including, without limitation, in replicating the Error and in retrieving workstation, server and log file data relating to the Error, if necessary. 5. Limitations. Winshuttle shall have no obligation to correct Errors or respond to support queries arising from a Subscriber's negligence, misuse or impermissible alteration of the Software or the combination or merging of the Software with any hardware or software not identified as compatible in the applicable Documentation. Winshuttle shall have no obligation to correct Errors except with respect to (i) the then-current version of the Software, and (ii) the immediately preceding version of such Software, but with respect to (ii) only for a period of twelve (12) months following the release of the then-current version of the Software. As used herein, a "version" is any version of the Software designated, in the sole discretion of Winshuttle, by a change in the version number to the left of the first decimal point. Winshuttle reserves the right to modify the terms and conditions applicable to the Support Program at any time; provided, however, that any such modification may not materially increase a Subscriber's obligations nor reduce Winshuttle’s obligations with respect to the Support Program for the duration of such Subscriber's then-current Support Program subscription term. 6. NO WARRANTY. ALL SERVICES DELIVERED PURSUANT TO THIS SUPPORT DESCRIPTION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. |
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