Intrad Technical Supprt, Sftware License and Maintenance Terms fr 911 Enable (Enterprise) 911 Prducts and Services Versin 2015.07.07 2015 Intrad Inc., Lngmnt, Clrad, USA - All rights reserved. This dcumentatin may nt be altered, cpied, distributed, published, r displayed in whle r in part withut Intrad s prir written cnsent.
1. INTRODUCTION This dcument describes the sftware license terms as well as services available t custmers f Intrad s enterprise (business) 911 prducts and services, including Emergency Ruting Services ( ERS ) and Emergency Gateway ( EGW ), Phne Discvery Manager, and Desk Alert TM sftware ( Sftware ). Fr Emergency Ruting Services, technical supprt is included as part f the subscriptin. Fr all ther prducts, supprt and maintenance service is included fr the first year after delivery, and is available fr purchase thereafter, payable annually in advance. 2. SOFTWARE LICENSE TERMS Subject t the terms f the applicable Order fr and full payment f all applicable fees, Intrad grants t Custmer a persnal, nnexclusive, nntransferable, nn-sublicensable, license t use the Sftware delivered t Custmer, including virtual appliances and any sftware embedded in delivered hardware, at the lcatin and n the number f servers, wrkstatins and users r ther applicable metric set frth in this Order r Custmer s accepted purchase rder, in accrdance with the system specificatins and requirements prvided by Intrad. All right, title and interest in and t the Sftware, including any custmizatins made t the Sftware, r updates r upgrades t the Sftware supplied by Intrad, will remain vested with Intrad and its licensrs. Custmer s rights t use the Sftware will terminate n ntice frm Intrad if Custmer fails t cmply with any prvisin f this Order. On terminatin, Custmer will destry all cpies f Sftware and assciated dcumentatin in its pssessin r cntrl. Custmer will nt itself, r thrugh any affiliate, agent r ther third party: (a) sell, lease r sublicense r therwise transfer the Sftware; (b) decmpile, disassemble, reverse engineer r therwise attempt t derive surce cde frm the Sftware; (c) mdify r enhance the Sftware r write r develp any derivative sftware r any ther functinally cmpatible, substantially similar r cmpetitive prducts; (d) netwrk the Sftware r use the Sftware t prvide prcessing services t third parties, cmmercial timesharing, rental r sharing arrangements r therwise use the Sftware n a service bureau basis; (f) prvide, disclse, divulge r make available t, r permit use f the Sftware by any third party withut Intrad s prir written cnsent; r (g) use r cpy the Sftware except as reasnably required fr archival purpses nly. 3. TECHNICAL SUPPORT 3.1 What is included 24x7x365 telephne, web, and email supprt. Access t nline supprt at supprt.911enable.cm, which allws Custmer t submit tickets, receive sftware updates, release infrmatin, and updated prduct dcumentatin. Custmer must register t btain a user name and passwrd in rder t access the extranet services. Prduct use guidelines and available cnfiguratins Reslutin f sftware defects, usage and cnfiguratin Dcumentatin irregularities Custmer-wned Intrad hardware fault diagnsis and reslutin 1 Intrad Cnfidential and Prprietary
Nte: With the exceptin f hardware faults, all wrk is perfrmed remtely, accrding t Custmer s security requirements. 3.2 What is excluded The fllwing are nt cvered by the Supprt Services. Hwever many f the services can be purchase thrugh a Prfessinal Services Order: Cnfiguratin change request requiring validatin retesting r redesign. Fr example: prvisining a new IP address t cnnect t the ERS accunt, changing the IP address f the EGW, r prvisining additinal PBX in the EGW. Incidents traced back t faulty third party cmpnents (firewalls, switches, sftswitch, NNI circuits, nt managed by Intrad fr either physical (hardware) r lgical (cnfiguratin) reasns. Prblems and/r errrs related t Custmer failure t back up data. Sftware r hardware nt fficially supprted, validated r apprved as specified in the applicable Intrad prduct dcumentatin. Sftware which is n lnger cvered under the Intrad End f Life Plicy (see Sectin 6 belw). In additin, Intrad may require Custmer t upgrade t a mre recent Release t receive supprt services (patches and dcumentatin) if the Release is lder than 12 mnths. Repair any issue r supprt any prduct that: (a) has been altered, except by Intrad r an Intrad designated representative r in accrdance with Intrad s written instructins, (b) has nt been installed, cnfigured, perated, repaired, r maintained in accrdance with Intrad s instructins, (c) has been subjected t abnrmal physical r electrical stress, misuse, negligence r accident, including damage t hardware cmpnents frm spills, drps, pwer surge, r imprper vltage selectin n system s pwer supply, (d) has been perated utside f the envirnmental specificatins fr the prduct, r (e) when such malfunctin, damage r ther prblem is caused by use with sftware r hardware that is nt recmmended by Intrad r that des nt cnfrm t the system requirements r specificatins made available by Intrad. Other exclusins described in the relevant service descriptin and Intrad s terms and cnditins 3.3 Hw t reach Intrad Custmers can btain supprt frm Intrad thrugh telephne, web, and email supprt fr any Intrad prduct fr which Custmer is entitled t supprt services. Supprt can be btained 24/7 fr all emergency issues by phne and 5 days per week, 9:00 am 6:00 pm EST fr all ther issues and enquiries. Email supprt@911enable.cm Phne 888 908 4168 Web (Supprt Prtal) http://supprt.911enable.cm ** Mail Intrad Inc. 8270 Mayrand Street Mntreal, Quebec, Canada Custmers shuld be prepared t supply as much infrmatin as pssible including: Descriptin (descriptin f the prblem r perceived symptms) 2 Intrad Cnfidential and Prprietary
Attachments (lgs, traces, screenshts) Date/time the prblem/disruptin was detected If the Custmer calls the supprt desk, the supprt technician will create a truble ticket, analyze the prblem, and attempt t achieve prblem reslutin as quickly as pssible. When sending an email, a truble ticket/request is autmatically created in the Supprt Prtal. Custmer can either cntinue t crrespnd with Custmer s Intrad supprt representative via email r Custmer can lg-in t the Supprt Prtal t manage the request. Either way, a seamless cmmunicatins trail is applied t the request, which is viewable frm the supprt prtal. 3.4 Severity Levels and Escalatin Guidelines Severity levels are used t manage supprt resurces and t reslve imprtant issues as quickly as pssible. The severity assigned t the ticket may be later updated (increased r decreased) after analysis. Severity changes are always preceded by a Custmer cnsultatin. 4 different severity levels may be assigned t truble tickets: Severity Level Infrmatin Respnse time (frm receipt f ntificatin) Restratin target (frm time f engagement) Emergency Prductin systems that cannt rute any 911 calls t the crrect destinatin with tw way audi cmmunicatin that meets acceptable vicequality levels. Furthermre, n immediate wrkarund is available, and the issue requires immediate crrective actin. < 4 hurs < 5 hurs High Prductin systems that cannt rute sme 911 calls t the crrect destinatin with tw way audi cmmunicatin that meets acceptable vicequality levels. Furthermre, n immediate wrkarund is available, and the issue requires crrective actin. < 4 hurs < 2 days Nrmal Prductin system perfrmance is degraded, there is partial feature unavailability t the Custmer, r maintenance and backup prcesses have been significantly impacted. In all cases, a functinal wrkarund is available. If redundant cmpnents are invlved, failver t the secndary cmpnent is successful and redundancy is being restred. < 1 business day < 5 business days Lw All requests fr Lab r nn prductin systems. Minimal inaccuracies in dcumentatin. Csmetic flaws. N service impact t cmpany r peratins < 3 business days Situatin dependent N cmmitments n reslutin time Respnse time means Intrad s acknwledgement that Custmer has reprted an issue. A supprt engineer will engage and be in cntact with the Custmer via varius means 3 Intrad Cnfidential and Prprietary
depending n the severity level. Restratin Target means Intrad s analysis and findings that allw Intrad t temprarily r permanently restre functinality and r availability f the service via a wrkarund r permanent fix. Escalatin Guidelines Supprt Tier Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Title NOC Supprt On call Resurce Custmer Relatinship Manager Services Manager Executive Directr Nte: Fr specific cntact infrmatin, please g t the supprt prtal (http://supprt.911enable.cm) and btain the article entitled Intrad Escalatin Cntacts It is pssible t escalate t a higher tier f supprt at any time during the truble ticket reslutin prcess. During a service impairment situatin (Supprt pririty Level Emergency r High), escalatin ccurs based n a fixed prcedure. Escalatin within Intrad invlves bth defined and subjective decisins n the part f the supprt technician. Once basic trubleshting prcedures have taken place withut reslving the issue, the supprt technician will make timely decisins abut when t escalate and will identify the apprpriate resurces t reslve the issue. 3.5 Custmer Respnsibilities General Prvide a 24/7 cntact number fr use under exigent circumstances. The number, which is lcated in the custmer s Emergency Ruting Service accunt, can be used by the Emergency Call Respnse Center (ECRC) if an emergency callback fails. The ECRC will use this number as last resrt t reach the distressed caller. In additin, the number may be used when Intrad detects a serius issue that needs t be reslved immediately and regular supprt cntacts are nt available. Ensure that Intrad has the mst up t date cntact infrmatin n file. This infrmatin can be updated at any time, by cntacting Intrad Technical Supprt r by cntacting the assigned Intrad accunt manager. Designate qualified technical resurces t interact with Intrad supprt technicians. Custmer s designated resurce(s) shuld read and be familiar with Intrad prduct and services dcumentatin. Cntact and assist Intrad supprt technician with diagnstic prcedures t identify the rt cause f the prblem Perfrm verificatin and testing as required Update PBX, sftswitch, sessin brder cntrller and firewall settings as required Mnitr and respnd t system alarms and ntificatins 4 Intrad Cnfidential and Prprietary
Sftware Hardware Prvide, when requested, reasnable remte access t licensed sftware in rder t investigate and trublesht technical issues. Remte access t Custmer netwrk wuld be perfrmed using Custmer s r Intrad s preferred sharing applicatin Dwnlad and lad any applicable sftware frm Intrad prvided links Deply upgraded client applicatins (if applicable) Prvide the supprt technician with Custmer s hardware service tag and physical lcatin. Assist Intrad supprt technician with diagnstic prcedures t identify the rt cause f the prblem. In the event f a hardware failure, prvide necessary physical access t Intrad s designated field technician. Wrk with Intrad supprt technician t keep full security cpies f any sftware and data. Stre and maintain apprpriate cpies f any data Maintenance. Custmer must prvide Intrad with at least 24 hurs ntice f any planned maintenance activities that may affect r prevent the successful ruting f an E911 call. The Custmer must prvide the fllwing infrmatin when making a maintenance ntificatin: Date, time, duratin Descriptin f service impact Enumeratin f impacted netwrk elements Cntact name, number and email Interactin with PSAP Crdinate test calls with the lcal PSAP. Cntact the lcal PSAP fr address display issues caused by PSAP custmer premise equipment (CPE). 3.6 Intrad Respnsibilities Prduct Maintenance/Majr Releases. Intrad will prvide email ntificatins and annuncements whenever new maintenance releases are made available. Latest system guides and release ntes are always available n the supprt prtal. In additin, the Intrad supprt engineer may recmmend a system upgrade as part f the remedy t a specific supprt request ERS Netwrk Maintenance. Intrad will prvide the Custmer ntice at least ne week befre any maintenance affecting activities. In general, Intrad netwrk maintenance des nt impact 911 services. The scheduled maintenance windw is between 12:00 AM and 8:00 AM eastern standard time (EST) and may ccur n weekdays r weekends. Intrad will prvide Custmer with the fllwing infrmatin when making a maintenance ntificatin: Date, time, duratin Descriptin f service impact 5 Intrad Cnfidential and Prprietary
Enumeratin f impacted netwrk elements Cntact name, number and email 4. SOFTWARE AND HARDWARE MAINTENANCE Release Availability. Custmer will be entitled t Releases which are generally made available by Intrad t its custmers at n additinal charge. Intrad is nt bligated t develp r make available Releases. Releases will be cmpatible with the mst current versin f the perating system at the time the applicatin Sftware Release is first made available. Custmer s use f all Releases is restricted t the terms and cnditins f the license under which the related Sftware was prvided t Custmer. Intrad s and its suppliers will retain all right, title and interest in all Releases. Service Detail. Custmer will prvide Intrad with remte access t the Intrad Prducts and Custmer s related systems fr the purpse f prviding the Supprt and maintenance Services. If Custmer is unable t prvide Intrad with remte access t its systems, Custmer acknwledges that it will take significantly lnger t identify and reslve issues. When accessing Custmer s systems, Intrad will: infrm Custmer befre any access is made; make backup cpies f cnfiguratin files befre any wrk is perfrmed; nt make changes t the Custmer systems withut Custmer s prir authrizatin; nce authrized, make changes n stand-by units whenever pssible; and nt retain any f Custmer s sensitive custmer infrmatin that may have been accessed r recrded, in paper r ther frmats, during the curse f prviding such services, and will securely dispse f any paper dcuments cntaining same. 4.1 Fees and Term All fees fr supprt and maintenance services are payable annually in advance, and are nt subject t refund. Reinstatement f supprt and maintenance services that have lapsed fr mre than 60 days will incur a lapse charge f 150% f the supprt and maintenance fees that wuld have been wed during the lapsed perid. Supprt and maintenance services will be prvided fr ne year cmmencing n the date f prduct delivery, and will be autmatically renewed fr additinal ne year terms, unless either party des nt renew the Services by prviding 30 days ntice befre the end f the applicable term. Any renewal will be n the terms and cnditins f the then-current supprt and maintenance service terms (including then-applicable fees). Intrad will use gd faith effrts t practively ntify Custmer when the annual supprt and maintenance ptins are nearing expiratin. An up t date supprt and maintenance cntract with Intrad ensures uninterrupted supprt. 4.2 End f Life Plicy Hardware Prducts Intrad prvides a specific End f Service Life date fr a given prduct in writing when the Sales Discntinuatin Date is annunced. Such ntificatins will be prvided t custmers in writing 180 days befre the End f Service Life Date. 6 Intrad Cnfidential and Prprietary
Sftware Prducts Regardless f the End f Service Life date, Intrad will hnr the terms f any applicable warranty r any previusly sld supprt maintenance agreements which were purchased befre the End f Service Life Date. 911 Enable fllws industry standard practices regarding the supprt f its sftware fr discntinued (EOL) prducts. Cnsistent with such standards, Intrad s plicy is t supprt sftware fr the mst current versin and ne previus majr versin OR ne year after the release whichever cmes first. 4.3 Changes t End f Life Supprt Plicy Althugh every effrt will be made t supprt EOL prducts in accrdance with the End f Life Supprt Plicy, Intrad reserves the right t change its plicy as it deems apprpriate. 911 Enable will annunce any changes t the EOL Supprt Plicy in writing t the custmer. Nte that 911 Enable may, at its discretin, stp ffering Time and Materials supprt services prir t the End f Service Life Date. 5. GLOSSARY EGW means Intrad s Emergency Gateway prduct. PSAP means Public Safety Answering Pint End f Service Life Date means the date an Intrad prduct will n lnger be supprted. EOL means end f life. Maintenance Release means a sftware release t crrect Sftware Failures. Release(s) means a Maintenance Release, Update r Upgrades, either individually r cllectively, as applicable. Sftware Failure means reprducible behavir that deviates in a material respect frm the Sftware specificatins. Supprt Business Day means any day ther than a Saturday, Sunday r statutry hliday in the Prvince f Quebec. Supprt Prtal means nline ticket/request tracking system and dcumentatin repsitry available t registered custmers Update means a sftware release t crrect any Sftware Failures and/r add features t the Sftware and is typically represented by a change in the yy cmpnent f a Versin Number. Upgrade means a sftware release t crrect any Sftware Failures, add functinality and/r new features t the Sftware and is typically represented by a change in the xx cmpnent f a Versin Number. Versin Number means the three-part versin number in the frm xx.yy.[zzzz] which identifies a Release. 7 Intrad Cnfidential and Prprietary