MRV Communications Customer Support Program. 1. Overview

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1 1. Overview This describes MRV s support and service capabilities and terms within the. MRV shall provide the Services described below as selected and detailed on the Purchase Order for which MRV has been paid the appropriate fee. 2. Service Summary: MRV Customer Support maintenance service includes: Remote maintenance based on an annual service term. Technical Support for systems covered under the program. 24x7 telephone support from the MRV Technical Assistance Center (TAC) Access to Major Release and Minor Release Software Updates Access to Maintenance Release Software Updates (e.g. Bug Fixes, Patches) Online access to MRV Global Technical Support Portal which includes case management, warnings, bulletins and alerts RMAs for advance replacement of defective FRUs with same business day shipment, when request is made prior to 3pm Depot Time. 3. Warranty Summary MRV product warranty provide limited service from MRV to address defects in Hardware and Software. The warranties are limited in both duration and the support level they offer. Warranties do not include MRV Technical Assistance Center (TAC) support or any of the additional benefits obtained under a service agreement. To gain access to MRV s Customer Support, which provides enhanced service levels, troubleshooting and problem management, access to feature and bug releases along with options for more comprehensive hardware services, the customer is advised to upgrade the standard warranty to one of the more comprehensive support programs. For more detail of Warranty provisions, time periods and service levels, the customer should refer to MRV s warranty policy for the product purchased. 4. Service Specifications:

2 MRV Communications services under the Consists of the following features: 24x7 Technical Support Software Support Hardware Advanced Replacement Services 24x7 Technical Support MRV Customer Support provide remote technical assistance for customer operation and maintenance of MRV Product solutions. MRV engineers deliver expert level support to assist the customer while providing remote diagnostics, troubleshooting, restoration of configurations and product level deficiencies. All reported incidents will be logged and managed as a specific Case. The Case provides a unique reference number to track reported problems, describes the issue and contains a record of all work, actions and diagnostic findings until Case closure. Technical assistance will be provided 24x7 for Severity 1 cases, while lower severity cases will be handled during regular business hours. Software Support: Provide support for any release of MRV Software for the current Major Release and the preceding one Major Release and all Minor Releases released subsequently. Generate workarounds to reported Software problems using reasonable commercial efforts or implement a patch to the Software. Make available Major Release(s), Minor Release(s), and Maintenance Release(s) software updates upon customer request, for Supported Software. (Requests for on-site Software support are available as a separate billable service.) Hardware Advanced Replacement Services: Provide Return Material Authorizations (RMAs) for advance replacement of defective Field Replaceable Units (FRUs).

3 Under the Gold Program, ship all advance replacement field replacement units (FRUs) to Customer via express transportation using overnight shipment. Advance replacement requests that are processed via MRV Support Portal and received prior to 3:00pm Depot Time will ship same business day from the serving depot location. Requests made after 3pm Depot Time will be processed on the next business day. For international shipments, compliance with export controls, customs processes and local transportation infrastructure may delay delivery. All Products returned for maintenance service must be labeled and identified with the RMA Number issued by MRV. The End User shall return the Products to MRVs' designated repair facility, freight prepaid. 5. Support Levels The MRV Gold Support Program provides Level 3 and Level 2 support only. Level 1 support is the responsibility of the customer or partner. The activities and responsibilities of these levels are described below. Level 1 Support Basic Support on standard protocols, features and general product information including configuration support. Return Material Authorization (RMA) processing. Hardware/Software fault triage and escalation. Level 1 support resources will be responsible for the following activities. This function will be the responsibility Customer or Partner. Performing operations such as basic system setup, license installation, base configuration, backup/restore and routine maintenance Responsible for all onsite activities Responsible for fault triage and isolation to MRV Hardware and Software products Opening and administering service tickets on Level 2 call logging and tracking system. The following will be the minimal information needed to open a case: Customer name and contact information Product Serial Number Software version Problem severity and impact statement Symptoms and complete description of the problem.

4 Providing configuration data and log files to Level 2 engineer if requested Responsible for the continued collaboration with Level 2 personnel once a ticket is logged If requested, implementing and gather network protocol traces and provide to Level 2 engineer Resolving known problems by researching existing solutions documented in MRV technical support portal knowledge base Downloading and applying Software Updates or workarounds to the MRV Products Replacing defective FRU (Field Replaceable Units) and administration of spare parts and RMA (Return Material Authorization) activities. Level 2 Support Advanced support of all protocols and features, diagnosis of problems, reproduction of complex problems in a lab environment, trace/log collection and analysis Hardware/Software fault isolation, resolution, workaround and/or escalation. Level 2 support resources will be responsible for resolution of questions and problems as follows. This function will be commonly performed by MRV or a qualified partner. Responsible for responding and working on all problems logged by Level 1 Accept and work until resolution is reached for all cases. Escalate to Level 3 if required for more complex problems or potential defects Opening and administering service tickets on MRV call logging and tracking system for escalations to Level 3 Isolate and troubleshoot issues by analyzing logs and trace files. Resolve all issues caused by misconfiguration Collaborate with Level 3 engineer to assist with steps for replication of issues identified to be a software defect. Provide status updates and resolution details to customer via Level 2 call logging and tracking system Responsible for lab work including trouble recreation, solution testing as required Level 3 Support

5 Highest level of Support Handles the most difficult or advanced problems that cannot be solved in previous support levels Hardware/Software problem resolution or workaround. Level 3 support resources will be responsible for resolution of complex questions and problems requiring engineering analysis. This function will be performed by MRV Customer Support. Responsible for resolution of all technical escalations from Level 2. Will provide support to qualify shipment of hardware Advance Replacements for RMA cases. Will provide access for Level 2 technical resources to the Level 3 service ticket system. Will provide access to all software releases/patches as per the maintenance agreement. Will provide access to all Technical Tips (best practices), Warnings, Alerts and Bulletins. Will be accessible 24x7x365 for escalations based on the severity of cases Will escalate into MRV management, MRV engineering (Level 4), and third party vendors as required. 6. Severity Classification:

6 All service requests escalated to the MRV TAC will be assigned a Severity Classification. Fulfillment of Level 1 and Level 2 Support responsibilities are essential toward assessing the level of severity. The Severity Level will be agreed upon between the MRV TAC and the Partner/Customer according to the table below. Severity Critical Major Minor Definition Customer is experiencing a network outage or experiencing a serious degradation of the service or operations, rendering the service unusable or inoperable. Customer is experiencing a network issue that is not a Critical Problem but that interferes with, or degrades, the ability of the products to provide routine service or operation. Customer is experiencing problems and requires technical advice or a recommendation. Severity 3 problems have a reliable workaround and have, at most, a slight impact on the operational environment. 7. Service Delivery Targets Technical Support is delivered against service delivery targets applicable to the following case classification: Issue Priority Response Initial Issue Restoration Goal Software Defect Critical < 20 minutes to respond to customer < 2 hours Stable operation with permanent fix, workaround or solution action plan Final Issue Resolution Goal - Software Defect 10 business days Final resolution or agreed upon action plan complete Major <1 Business Day to respond to customer 2 business days Stable operation with permanent fix, workaround or solution action plan 30 business days Final resolution or agreed upon action plan complete Minor <3 Business Days to respond to customer 30 business days As mutually agreed 180 business days Resolution of issue as mutually agreed 8. Service Terms:

7 Audit: Customer acknowledges that it is only entitled to receive service for the products for which it has paid the applicable service fee. MRV reserves the right, upon reasonable advance notice, to perform an audit of Customer s products and records to validate such entitlement and to charge for support if MRV determines that unauthorized support is being provided. Cancellation: The MRV maintenance service is non-cancellable and nonrefundable during the Service Term. Coverage: All purchased products as identified by a Serial Number shall be placed under contract. No exclusions permitted. Maintenance Registration & Activation: Upon commencement of the maintenance period MRV shall send a notification to Customer with the following: Serial Number Maintenance Start/End Date User/Account Registration Process Login details to MRV Customer Support Portal Maintenance Renewal: 90 days in advance of the expiration of the contracted maintenance period the Customer will be sent an notification indicating that they should take steps to renew the maintenance contract. If service renewal has not been processed within 45 days of this notification then a further notification will be sent indicating that renewal should be purchased immediately otherwise the products will no longer be maintained at the expiry of the remaining 45 days. Products Relocation: Customer agrees to notify the MRV TAC of Product moves to a new location within thirty (30) days of the Product relocation Product Decommissions: Products may not be decommissioned or canceled during the then current Service Term. Products may be decommissioned from the next annual Service Term with ninety (90) days prior written notice to the renewal Service Term start date. Recertification: Products should to be maintained under maintenance service on a continuous basis. If maintenance service lapses on any product under a prior Service Term, the product must be recertified by

8 MRV as supportable and updated as may be required before that product may be placed under maintenance service. Recertification is subject to a fee which may vary by product. The applicable maintenance service fee during the lapse period of maintenance non-coverage of the product(s) shall also be charged as part of the recertification fee. Request for On-Site Service: Customer may request on-site support as a separate billable service; travel and expenses are additional. Request for RMA: Customer agrees to assist MRV in troubleshooting failed hardware down to the FRU level prior to initiating RMA procedure. Return Material Authorization (RMA): For all advanced replacements provided to Customer, Customer is responsible for returning the replaced FRU or Product in accordance with MRV Return Material Authorization ( RMA ) procedure. MRV s RMA procedure is available on MRV support web site. o Product returns must be received by MRV within ten (10) business days from receipt of replacement (20 days international) or MRV reserves the right to charge Customer list price less any applicable discounts for the non-returned product. o Customer shall ensure that the product is returned in the supplied or proper packaging, and tracking number provided to MRV. o Customer must purchase replacement cost insurance for all shipments. Returns must be shipped FOB to MRV designated repair center. o Customer must reference RMA number on shipping label of the package. o If Customer returns a damaged product that is not repairable, then MRV reserves the right to charge Customer list price less any applicable discounts. Same Day Ship: When request is made for RMA Advanced Replacement prior to 3pm Depot Time, MRV goal will be to ship same day. Otherwise, MRV will ship next business day. Serial Numbers: Customer to provide valid and applicable serial number for all Product problems and issues reported to MRV. Software Releases: Customer may be requested to install Software updates such as Maintenance Releases if required to correct a reported Software problem. Customer acknowledges that if Customer elects not

9 to install such Software updates it may adversely affect service and product performance for which MRV assumes no liability. System & Site Access: Customer shall allow reasonable remote system access to the MRV products to enable MRV to perform remote diagnosis and remedial actions as may be required. If required, endcustomer/partner shall allow reasonable site access to the products by MRV authorized service representatives. Customer acknowledges that delays caused by inaccessibility to the products may result in service delays.

10 9. Maintenance Service Exclusions: The MRV GOLD Support Program does not include the following services: Any furnishing of supplies, accessories or the replacement of expendable parts (e.g., cables, blower assemblies, power cords, and rack mounting kits). Any electrical or site work external to the products. Any customization of, or labor to install, Software. Any services for non-mrv Software installed on any MRV products. Any Hardware product change, upgrade, or new Hardware products required to run new or upgraded Software. Any reconfiguration of the products. Any services required due to unauthorized attempts by other than MRV accredited personnel to repair, maintain or modify the product. Any services to resolve Software or Hardware problems resulting from third party products not provided by MRV. This exclusion pertains also to third party optics, whereby MRV may require customer to replace with MRV provided optics as a requirement of the diagnostic procedure. Any services which in MRV s opinion are required due to external causes to the MRVmaintained product including, but not limited to, product damage, destruction or loss due to force majeure events or due to the improper treatment or use of the products. Any services for individual Hardware products that cannot be properly repaired in MRV opinion due to excessive wear or deterioration. Any services for Gray Market Products. 10. Definitions: Advance Replacement: A FRU (Field Replaceable Unit) dispatched to the Customer by MRV to remediate a Hardware problem in advance of Customer returning to MRV the replaced defective FRU. Technical Support: The action to restore a system to a pre-fault condition. It is not designed to provide support for configuring new systems or new services. Design and

11 configuration services can be purchased from MRV as an additional Professional Services. Bug Fix: Any modification or revision to the supported software version run on a contracted product, other than an enhancement, that corrects an error or provides incidental corrections. Business Days: MRV standard working period is Monday to Friday, 5 days a week, 8 hours a day from 9:00am to 5:00pm local hours excluding holidays. Custom Software: Software which is modified, altered, or customized to meet Customer requirements. Depot Time: Refers to the business hours supported by MRV s sparing depots within the specified region (North America, EMEA, APAC). Gray Market: Refers to Customers purchasing Hardware and Software products from sources other than the manufacturer or the manufacturer s authorized agents. Public Holidays: MRV Public Holidays include US observed Holidays in addition to local/regional observed Holidays. Software Update: A Major Release, Minor Release, or Maintenance Release which MRV makes available for Supported Software. Supported Software: Support for any release of Software for the current Major Release and the preceding one Major Releases and all Minor Releases released subsequent thereto. 11. Ordering Information: Ordering information Product name SVC-GOLD Program type Gold Support Contract Agreement

12 For more information on MRV Communications Products and Services or to order Maintenance Service, please contact any of our worldwide sales offices or visit the following Web site: