MAINTENANCE SERVICES (PARTY-1 SELLS) |
MAINTENANCE SERVICES.
(a) Revisions and Upgrades. Party-1 agrees to provide Maintenance Services for the current Upgrade as of the Effective Date. Revisions are included with the Maintenance Services fee and are not subject to an additional charge. Upgrades are subject to an additional fee (at the same price Party-1 generally charges its customers) over and above the fee for Maintenance Services. [QR-125] Party-2 agrees to offer Revisions and Upgrades to Party-1 when and if available. Each Revision and Upgrade must be functionally compatible with the prior release or version of the Maintained Item, and must comply with the requirements of this Agreement that apply to the Maintained Item. Party-1 may not be required to install any Revision or Upgrade except: (i) as a prerequisite to installing a subsequent Revision or Upgrade; or (ii) to avoid violation of intellectual property or proprietary rights of a third party, in which case the Revision or Upgrade will be provided at no charge. Revisions and Upgrades must include appropriate changes to the documentation that is generally provided to the Maintained Item's customers.
(b) Corrections. After Party-1 has informed Party-2 of a Malfunction, and subject to Party-1 reasonably assisting Party-2 in attempting to recreate and diagnose the Malfunction, Party-2 agrees to: (i) provide a progress report to Party-1 within twenty four (24) hours of receiving each request to do so from Party-1, (ii) for Priority 1 level Malfunctions, promptly assign a Party-1 employee to address the Malfunction, provide a response within twenty four (24) hours during Business Hours, and ensure that the assigned employees work continuously during Business Hours until a Correction is provided and (iii) for Priority 2 level Malfunctions, within twenty four (24) hours respond and assign technical support resources, and provide a Correction within a reasonable amount of time and at the same time or sooner than Party-1 provides the Correction to its other customers. In order to remotely address Malfunctions and provide Corrections, Party-2 consents to Party-1 remotely accessing the Maintained Item to do so. [QR-124]
(a) Revisions and Upgrades. Party-1 agrees to provide Maintenance Services for the current Upgrade as of the Effective Date. Revisions are included with the Maintenance Services fee and are not subject to an additional charge. Upgrades are subject to an additional fee (at the same price Party-1 generally charges its customers) over and above the fee for Maintenance Services. [QR-125] Party-2 agrees to offer Revisions and Upgrades to Party-1 when and if available. Each Revision and Upgrade must be functionally compatible with the prior release or version of the Maintained Item, and must comply with the requirements of this Agreement that apply to the Maintained Item. Party-1 may not be required to install any Revision or Upgrade except: (i) as a prerequisite to installing a subsequent Revision or Upgrade; or (ii) to avoid violation of intellectual property or proprietary rights of a third party, in which case the Revision or Upgrade will be provided at no charge. Revisions and Upgrades must include appropriate changes to the documentation that is generally provided to the Maintained Item's customers.
(b) Corrections. After Party-1 has informed Party-2 of a Malfunction, and subject to Party-1 reasonably assisting Party-2 in attempting to recreate and diagnose the Malfunction, Party-2 agrees to: (i) provide a progress report to Party-1 within twenty four (24) hours of receiving each request to do so from Party-1, (ii) for Priority 1 level Malfunctions, promptly assign a Party-1 employee to address the Malfunction, provide a response within twenty four (24) hours during Business Hours, and ensure that the assigned employees work continuously during Business Hours until a Correction is provided and (iii) for Priority 2 level Malfunctions, within twenty four (24) hours respond and assign technical support resources, and provide a Correction within a reasonable amount of time and at the same time or sooner than Party-1 provides the Correction to its other customers. In order to remotely address Malfunctions and provide Corrections, Party-2 consents to Party-1 remotely accessing the Maintained Item to do so. [QR-124]