Saaswedo Software, support and maintenance services terms and conditions

	mytem360 and Datalert
	Support and Maintenance Services Terms and Conditions

Definition for "Software": software related to this document: mytem360 and/or Datalert

Support and Maintenance Services Terms and Conditions

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To the extent Saaswedo has become obligated for support and maintenance, the following will apply with respect to the Service so long as the Licensee is in full compliance with the Agreement. Capitalized terms not defined in Section 5 below have the same meaning as in Saaswedo's License Terms.

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1. SUPPORT AND MAINTENANCE SERVICES.

Support and Maintenance Services consist of (a) Error Correction concerning the installation and use of the then current release of the Software and the Previous Sequential Release, (b) E-mail Support at [e-mail], (c) Web Support, and (d) Service updates that Saaswedo in its discretion makes generally available to its support and maintenance customers without additional charge.

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2. ERROR PRIORITY LEVELS.

Saaswedo shall exercise commercially reasonable efforts (up to 16 hours per month) to correct any Error reported by Licensee in the current unmodified release of Software in accordance with the priority level reasonably assigned to such Error by Saaswedo.

•  Priority A Errors — Saaswedo shall respond within one business day and promptly commence the following procedures: (i) assign Saaswedo engineers to correct the Error; (ii) notify Saaswedo management that such Errors have been reported and of steps being taken to correct such Error(s); (iii) provide Licensee with periodic reports on the status of the corrections; and (iv) initiate work to provide Licensee with a Workaround or Fix.

•  Priority B Errors — Saaswedo shall exercise commercially reasonable efforts to include the Fix for the Error in the next regular Software maintenance release.

•  Priority C Errors — Saaswedo may include the Fix for the Error in the next major release of the Software.

Release notes are available:

• For mytem360 - Release note mytem360
• For Datalert - Release note Datalert

Roamap are available upon customer service request.

If Saaswedo believes that a problem reported by Licensee may not be due to an Error in the Software, Saaswedo will so notify Licensee. At that time, Licensee may (1) instruct Saaswedo to proceed with problem determination at its possible expense as set forth below, or (2) instruct Saaswedo that Licensee does not wish the problem pursued at its possible expense. If Licensee requests that Saaswedo proceed with problem determination at its possible expense and Saaswedo determines that the error was not due to an Error in the Software, Licensee shall pay Saaswedo, at Saaswedo's then-current and standard consulting rates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith. Licensee shall not be liable for (i) problem determination or repair to the extent problems are due to Errors in the Software; or (ii) work performed under this paragraph in excess of its instructions; or (iii) work performed after Licensee has notified Saaswedo that it no longer wishes work on the problem determination to be continued at its possible expense (such notice shall be deemed given when actually received by Saaswedo). If Licensee instructs Saaswedo that it does not wish the problem pursued at its possible expense or if such determination requires effort in excess of Licensee's instructions, Saaswedo may, at its sole discretion, elect not to investigate the error with no liability therefor.

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3. EXCLUSIONS.

Saaswedo shall have no obligation to support: (i) altered or damaged Software or any portion of the Software incorporated with or into other software; (ii) the Software that is not the then current release or immediately Previous Sequential Release; (iii) Software problems caused by Licensee's negligence, abuse or misapplication, use of Software other than as specified in Saaswedo's user manual or other causes beyond the control of Saaswedo; or (iv) Software installed on any hardware that is not supported by Saaswedo. Saaswedo shall have no liability for any changes in Licensee's hardware which may be necessary to use Software due to a Workaround or maintenance release.

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4. DEFINITIONS.

•  “E-mail support” means ability to make requests for technical support assistance by e-mail at any time (with reasonable efforts by Saaswedo to respond within one business day) concerning the installation and use of the then current release of the Software and the Previous Sequential Release.

•  “Error” means an error in the Software which significantly degrades the Service as compared to Saaswedo's published performance specifications.

•  “Error Correction” means the use of reasonable commercial efforts to correct Errors.

•  “Fix” means the repair or replacement of object or executable code versions of the Software or documentation to remedy an Error.

•  “Previous Sequential Release” means the release of the Software which has been replaced by a subsequent release of the same Software. Notwithstanding anything else, a Previous Sequential Release will be supported by Saaswedo only for a period of twelve (12) months after release of the subsequent release.

•  “Priority A Error” means an Error which renders the Software inoperative.

•  “Priority B Error” means an Error which substantially degrades the performance of the Software or materially restricts Licensee's use of the Software.

•  “Priority C Error” means an Error which causes only a minor impact on the Licensee's use of the Software.

•  “Telephone Support” means technical support telephone assistance concerning the installation and use of the then current release of the Software and the Previous Sequential Release.

•  “Web Support” means information available on the World Wide Web, including frequently asked questions, product documentation and bug reporting.

•  “Workaround” means a change in the procedures followed or data supplied by Licensee to avoid an Error without substantially impairing Licensee's use of the Software.

THESE TERMS AND CONDITIONS CONSTITUTE A SERVICE CONTRACT AND NOT A SERVICE WARRANTY. ALL SERVICE AND MATERIALS RELATED THERETO ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE AGREEMENT. THIS ATTACHMENT IS AN ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT EXCEPT TO THE EXTENT UNAMBIGUOUSLY CONTRARY THERETO.