Winshuttle, LLC Technical Support and Maintenance Program

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1 Winshuttle, LLC Technical Support and Maintenance Program Overview The Winshuttle Technical Support and Maintenance Program ( Support Program ) is the comprehensive technical support and maintenance service offered with respect to Winshuttle software. This document sets forth the terms and conditions applicable to Winshuttle s provision of technical support and maintenance with respect to the Support Program. The Support Program is available to customers who are currently enrolled as subscribers (each a Subscriber ) Winshuttle, LLC. All rights reserved. 7/13

2 1. Software Updates and Upgrades Winshuttle shall provide each Subscriber with any update or upgrade applicable to the Software for which they are currently licensed and are currently enrolled in the Support Program that Winshuttle makes generally commercially available to Subscribers during the term of each Subscriber s Support Program subscription coverage. 2. Support Program Subscription Renewal Winshuttle shall have no support or update obligation to Subscriber at the end of each Subscriber s Support Program subscription unless Subscriber elects to pay Winshuttle the fee to renew Subscriber s subscription to Support Program. Subscriber must renew Support Program subscription prior to its expiration or Winshuttle will have the right to charge a reinstatement fee of fifteen percent (15%) of the Support Program Subscription fee. 3. Support Definitions Error means the failure of the Software to conform 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 in the diagnosis and resolution of Errors, in accordance with the specifications set forth in this document. Severity One Error - Urgent Severity Two Error - High Severity Three Error - Normal Severity Four Error - Low An Error that causes a component of the Software to be totally inoperable, critically affecting the Subscriber s business operations, data integrity and/or multiple users, and for which the Subscriber has not been able to establish a workaround. This severity level is reserved for situations involving Software already installed and operating in production environments. An Error that causes a 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. An Error that causes the Software to be limited or degraded, and the Subscriber s business operations and user productivity can substantially continue or for which the Subscriber has a workaround or alternative configuration. An Error that has no significant adverse effect on a Subscriber s use of the Software. A business day means a regular business workday other than a Saturday, a Sunday or a public holiday in the country from which technical support and maintenance services are provided to Subscriber. Business hours means the hours between 8 am and 5 pm local time (or other normal local business hours) in the country from which technical support and maintenance services are provided to Subscriber during a business day. 2

3 Error Resolution/Escalation Support Stages Level 1 Support Level 2 Support Level 3 Support Involves the gathering of data, investigating and isolating the Error, and testing configuration changes that may have an effect on the error. The goal of Level 1 Support is to resolve the error or to develop a complete description of the symptoms, configuration information, revision level information, and detail on reproducibility of the error. If required the issue will be moved to Level 2 Support. Involves resolving the error by correlating the error with other known Software issues, reproducing the error, and localizing Software defects, as applicable. The goal of Level 2 Support is to provide the Support Contact with a fix or workaround for the error. If required the issue will be moved to Level 3 Support. Involves resolving the error through efforts required that were not possible through Level 1 and Level 2 Support activities. This could include code changes and/or product development assistance. 4. Technical Support 4.1 Support Hours Technical support is provided via telephone, and Web directly to current Subscribers with respect to Software covered under the Support Program, as follows: Telephone Support Support Web Help Technical support is available to Subscribers via telephone business days during local business hours. + 1 (800) (0) (0) (0) (0) Technical support is available to receive support requests from Subscribers 24 x 7 at Web-based knowledge base is available to Subscribers 24 x 7 at 3

4 4.2 Support Contacts Each Subscriber can identify up to two (2) individuals per site or foundation system to act as Subscriber s designated contacts ( Support Contact )for all Software-related technical support communications. Those designated contacts are expected to be the contact point Winshuttle with technical support related issues and communications. 4.3 Support Request Acknowledgement Following receipt of a support request from a Support Contact, Winshuttle shall use commercially reasonable efforts to provide an acknowledgement of receipt to the Subscriber within thirty (30) minutes ( Initial Acknowledgement ). Each Initial Acknowledgement shall include confirmation of the receipt of the support request by Winshuttle as well as assignment of a tracking number for that support request. 5. Response, Resolution and Escalation Winshuttle shall use commercially reasonable efforts to respond to support requests within the times specified based on the severity levels as shown below. The Response Time is the maximum time elapsed between the receipt of the support request by Winshuttle Technical Support and when Winshuttle expects to provide an initial response to your support request. Severity Response Time 1 2 business hours 2 4 business hours 3 4 business hours 4 4 business hours Winshuttle shall also use commercially reasonable efforts to conform to the resolution times and escalation standards set forth in the tables below. The times listed by Priority and Level of support below refer to the maximum time from receipt of the support request to the start of work at the next level. Hours and days shown are business days and business hours. Support Stage Escalation / Completion Goals Error Severity Level 1 Support Level 2 Support Level 3 Support Severity 1 2 Hours 1 Day 2 Days Severity 2 4 Hours 2 Days 5 Days Severity 3 1 Day 5 Days 10 Days Severity 4 2 Days 20 Days N/A 4

5 6. Subscriber s Cooperation and Obligations Each Subscriber shall assist Winshuttle or its agents in resolving any error; including replicating the error and retrieving applicable workstation, server and log file data relating to the error, as required. Additional technical information may be required from the Subscriber to resolve an error and any delays in providing that technical information may impact the resolution time. In order to receive the most effective support, Subscriber agrees to promptly install applicable Software Updates provided by Winshuttle. Failure to implement such Updates may render the Software unusable or non-conforming to the applicable Documentation. Winshuttle s ability to provide technical support and maintenance services to Subscriber may be limited if you have not properly implemented all Updates provided to you. You agree to give Winshuttle access to the installed Software as necessary for Winshuttle to determine the cause of the problem and find a resolution. You are solely responsible for your data, information and software, including making back-up copies and security. If you request Winshuttle to provide technical support and maintenance services for (i) problems caused by your use of the Software outside the scope of the Software license or documentation or by any changes or modifications to the Software not authorized by Winshuttle; (ii) problems caused by any changes to Subscriber s system environment; or (iii) any problem for which Winshuttle is not obligated to provide technical support and maintenance services, those technical support and maintenance services are subject to availability of Winshuttle personnel and will be billed to Subscriber at Winshuttle s standard time and materials consulting rates at the time of such service. 7. 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 Product 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 with thirty (30) days prior notice; 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. Corporate Headquarters Bothell, WA Tel + 1 (800) Fax + 1 (425) United Kingdom London, U.K. Tel +44 (0) Fax +44 (0) Germany Bremerhaven, Germany Tel Fax France Maisons-Alfort, France Tel +33 (0) Fax +33 (0) India Research & Development Chandigarh, India Tel +91 (0)

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