Control Module, Inc. Software Support Plans

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1 Control Module, Inc. Software Support Plans In addition to the resources of the Control Module, Inc. support Web site, the company offers annual support plans to meet your support needs. Each support plan is per license and allows you to submit support requests based on the specific annual plan. Support Plans can be purchased as part of a bundle with a product or separately. If you would like to upgrade, CMI offers upgrade pricing for active contracts. For Support Renewals, please contact Control Module, Inc. at Yearly Support Plans include: Tier 1 Tier 2 Tier 3 Telephone support requests (incidents) Access to priority support channels for quickest service Priority involvement in Beta Programs and customer code CMI certification of a single version Automatic notification of and access to software updates (point releases) 24 x 7 access to Knowledge Base Sample Code, Sample Projects, White Papers Technical Webinars / Online Product Demonstrations Web-based requests Hours of operations 8:30 5:00 EST Weekdays 8:30 5:00 EST Weekdays 8:30 5:00 EST Weekdays Initial Response Time 2 days 1 day 4 hours 16 Business Hours 8 Business Hours Per Severity Chart Below Severity* Priority 1 Outage Priority 2 Degraded mode Priority 3 Important Initial Response Time 4 business hours 2 business days 5 business days 3/3/2009 Page 1

2 Control Module, Inc. Per-Incident Software Support Per-incident support allows you to submit one incident regarding one support issue. Per-incident support may be purchased for currently supported products. Support Plans are also available for current products and can be purchased either as part of a bundle with a Control Module, Inc. product or separately. If you own a previous version of a Control Module, Inc. product, these bundles are also available at special upgrade pricing. Support Plans are only available directly from Control Module, Inc. Per Incident Support is available for all currently supported versions of Control Module, Inc. software products and can be purchased directly from Control Module, Inc. at any time. Per Incident Support is not available for products/versions that have reached their end-of-life. Control Module, Inc. also provides complimentary resources for self-help such as online help and knowledge bases. Feature Price - Technical Support Per Incident Support Per hour per incident - Engineering Support Hours of Operation Warranty Product Updates Product Upgrades Per hour per incident 8:30 am 5:00 pm Eastern Time Zone, USA Monday through Friday Valid for 90 days after purchase No No Contact for Purchase Telephone Control Module, Inc. Support Website Number of solutions per event Initial Response Time One 2 business days Per Incident Definition Per Incident Support is defined as a single support issue. One incident may involve several interactions with Technical Support to resolve. A reasonable effort will be made to resolve the issue to the customer's satisfaction. Separate per-incidents must be purchased for multiple support issues or requests. Upon purchasing a Per Incident Support event, the customer will receive an order confirmation with a serial number. Please retain the order confirmation since the serial number is required to deliver support. Under the "Per-incident Support Program", contact for a support incident can be via phone or online incident submission. 3/3/2009 Page 2

3 EXHIBIT A CONTROL MODULE, INC. SOFTWARE SUPPORT AND MAINTENANCE CMI s goal is to provide comprehensive technical support for its licensees to facilitate their optimal use of the Licensed Software in support of their business operations and objectives. Support and Maintenance coverage ( Support ) includes telephone and technical support, error resolution processes, and delivery of Upgrades and Maintenance Releases (as defined below), in each case on the terms set forth below. 1. Support Hours. Support will be available to Licensee via and telephone during the hours of 08:00 to 17:00 EST, Monday through Friday (excluding any United States or company observed holidays). CMI Support CMI Support Telephone: Standard Support includes annual calls of telephone, and Error resolution support. Calls provided in excess of the annual quota shall be payable by Licensee at CMI s then current service rates. 2. Support Contacts. Licensee may access CMI Support through two designated Licensee employees who shall be familiar with and trained on the Licensed Software. Licensee may change its Support contact persons from time to time by written notice to CMI, which notice may be delivered via to CMI s support address, Licensee may also designate, via to CMI, a back-up support contact who shall be authorized to access CMI Support in the absence of a regular contact being available (e.g., due to vacation, sickness, or business travel). 3. Covered Releases. CMI Support coverage extends to the most current and next most current release of the Licensed Software. However, the period of Support coverage for any major release (i.e., a release containing material new functionality and enhancements) shall not be less than one (1) year from the release date of such software. 4. English Language. Support shall be provided in English. 5. Technical Support. Technical support relating to configuration, administrator, user and other non-code-based problems is available during the applicable coverage window via and telephone. Technical support issues are escalated from first line support engineers to software developers if not resolved within a reasonable timeframe by the support engineers. 6. Error Reporting. Licensee shall promptly notify CMI in writing of a material failure of the Licensed Software to perform in accordance with its Documentation (an Error ). Such notice shall include a description of the Error and the impact of the Error on the performance, output and/or functionality of the Licensed Software, the identity and characteristics of any equipment on which the Licensed Software may be installed and of any third party software with which the Licensed Software may be interacting, the content of any error messages which may appear in connection with the Error, and, such additional 3/3/2009 Page 3

4 information as CMI may reasonably request in order to replicate the Error and effect its correction or develop a workaround for the same. The term Errors shall not include defects which are not replicable or defects resulting from (a) misuse or improper use of the Licensed Software, (b) any modifications to the Licensed Software not made by CMI, or (c) operation of the Licensed Software with third party software or equipment. 7. Error Prioritization. Licensee shall indicate the severity level of each reported Error. CMI, in its sole discretion, may reclassify such Error and shall notify Licensee of any reclassification. Licensee may discuss with CMI any reclassification with which Licensee disagrees it being understood, however, that CMI s final determination as to the severity level of an Error shall be conclusive. Priority 1: The Error is classified as a Priority 1 Error if there is no reasonable workaround for the Error and the Error causes (a) the Licensed Software as a whole, or any major functionality thereof, to cease functioning, (b) data corruption problems, or (c) a material disruption to Licensee s operations. CMI will give the highest scheduling priority and resource allocation to the verification, analysis, response, temporary avoidance and full solution and correction of Errors in this category. Priority 2: The Error is classified as Priority 2 if there is no reasonable workaround for the Error and the Error causes (a) a substantial inconvenience to but not material disruption to Licensee s operations, (b) intermittent problems with major functionalities, (c) a substantial decrease in the performance of the Licensed Software, or (d) a minor functionality of the Software to cease functioning. Severe Errors also include those Errors which would be classified as Critical if there was not a reasonable workaround for the same. CMI will give the second highest scheduling priority and resource allocation to the verification, analysis, response, temporary avoidance and full solution and correction of Severe Errors. Priority 3: The Error is classified as Priority 3 if (a) it has a relatively minor impact on the functionality or performance of the Licensed Software and/or there is a reasonable workaround available, or (b) relates to the Documentation. CMI will respond to Priority 3 Errors in the next regularly scheduled Upgrade. 8. Response and Resolution Times. CMI will address identified Errors with an effort commensurate with the severity of the Error and will use commercially reasonable efforts to respond to Error reports and resolve Errors (via an Error correction or reasonable workaround) in accordance with the timetable set forth below. Licensee understands that the target response and resolution times set forth in the table below represent targets only, not guarantees, and that CMI will have no liability for any failure to deliver responses or resolutions in accordance with such timeframes. Priority Target Response Time Target Resolution Time Priority 1 Error Less than 4 hours 3 business days Priority 2 Error Less than 2 business days 7 business days Priority 3 Error Less than 5 business days Next Upgrade 3/3/2009 Page 4

5 9. Disclaimer. CMI does not represent that all Errors will be corrected or that workarounds will be developed for the same. 10. Errors Not Caused by the Licensed Software. The cost of CMI time spent diagnosing problems that turn out not to be attributable to the Licensed Software, or which are attributable to modifications to the Licensed Software not made by CMI or to misuse or abuse of the Licensed Software or to the interoperability of third party software or equipment, will in each case be the responsibility of Licensee and will be invoiced to Licensee at CMI s then current rates unless other rates have been agreed to in writing by the parties. 11. Maintenance; Distribution of New Releases. CMI will distribute to Licensee Maintenance Releases and Upgrades as these become generally available to CMI distributors of the Licensed Software. Maintenance Releases shall refer to releases of the Licensed Software which are primarily remedial in nature, including, without limitation, patches with suitable release notes describing fixes, other software corrections, workarounds to Errors, and releases designed to improve safety or avoid intellectual property infringement. Upgrades shall refer to new releases which primarily enhance, extend or improve the functionality or performance of the Licensed Software and which are made generally available to CMI licensees who have purchased Support & Maintenance. Implementation of Software Upgrades is optional but failure to implement the same may jeopardize Licensee s eligibility for Support coverage and/or CMI s obligations with respect to intellectual property infringement claims asserted with respect to the Software. Installation services for Upgrades and Maintenance Releases are not included within Support coverage but may be purchased from CMI at CMI s then current rates. 12. On Site Support. On site Support services are not included in the Support & Maintenance fee but may be provided by CMI, in its discretion, upon a request for the same by Licensee. In such event, Licensee will (a) reimburse CMI for all materials, travel, accommodation and out-of-pocket expenses that are reasonably incurred by CMI in the performance of such on-site services, and (b) pay for such Services at CMI s then current hourly rates. Travel time associated with any such on site services shall be invoiced at one half of the service professional s then current hourly rate. 13. Unsupported Releases. Licensee may obtain Support coverage for otherwise unsupported releases of the Licensed Software at CMI s then standard rates for time and materials or such other rate as may be agreed upon in writing by the parties. 14. Support Problems. CMI encourages Licensee to report any problems or concerns with the Support coverage it receives directly to CMI s Support Manager ( telephone: ). 15. Changes to Support. CMI reserves the right to modify the scope of Support coverage and the terms on which such coverage is offered and provided with respect to any Support renewal term by providing Licensee with written notice of any material modification(s) at least 45 days prior to the expiration of the then current term. 16. Support Term. The initial term of Support shall commence on the effective date of the license for the Licensed Software and shall continue through December 31 of that year, if the effective date is prior to June 30, or through December 31 of the following year, if the 3/3/2009 Page 5

6 effective date of the license occurs on or after July 31. The annual Support fee shall be prorated or increased on a pro rata basis, as applicable, for the initial term of Support and shall be prepaid for the full term. 17. Renewal Terms. Support coverage shall automatically renew on a calendar year to calendar year basis unless either party provides written notice to the other party, at least 30 days prior to the expiration of the then current term, of its intent not to proceed with a renewal term. Support renewal fees shall be due and payable 30 days prior to the commencement of a renewal term. Reinstatement of Support following any failure to renew coverage shall be subject to a reinstatement fee equal to no less than the amount of Support fees which would otherwise have been due had Licensee consistently renewed Support for successive one year periods. In addition, CMI may, in its discretion and at Licensee s expense, require a recertification of the Licensed Software installation and the implementation of any remediation measures which might be required to bring the installation to a supportable level using current releases of the Licensed Software before allowing Licensee to reinstate Support coverage. Product Type: Qty: Select Tier Option: Tier 1- Tier 2 - Tier 3 - Customer Customer Representative Title Date Control Module, Inc. CMI Representative Title Date Customer Information: Contact 1: Contact 2: Phone: Phone: Customer Address: State: Zip: 3/3/2009 Page 6

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