Software Maintenance (SIN 132-34)
Ironhawk Software Maintenance is designed to provide comprehensive coverage for software license acquisition, product upgrades and remotely delivered technical support under a single, common set of agreements, processes and tools. In today’s business and government environments, software-related issues can severely hamstring a business. IT organizations are expected to manage highly complex, multi-platform IT systems while simultaneously improving availability and reducing support costs. And they’re being asked not only to support complex software implementations, but also to minimize the negative business impact that those software changes can create, leverage automation to reduce costs and spur innovation. A complex environment often means that your IT staff must coordinate business strategy with expensive individual support agreements from multiple vendors, each with limited expertise, differing support terms and multiple points of contact—creating prolonged problem resolution, increased downtime and frustration within your client base and IT department.
SmartSync® Software Maintenance
Standard Support, Maintenance, and Update Service. Pursuant to Ironhawk’s Support Agreement, Ironhawk will provide Customer with commercially reasonable amounts of advice and assistance regarding the use of the Ironhawk Software. Customer’s questions regarding the Ironhawk Software normally will beanswered by telephone or email during Ironhawk’s normal support hours and within one business day. Ironhawk will provide telephone, facsimile, and email consultation from the Ironhawk Technical Support Center, or such other office as Ironhawk reasonably may designate from time to time. Collect calls will not be accepted. Ironhawk will provide service during Ironhawk’s normal business hours, which are presently Monday through Friday, from 9:00 a.m. to 5:00 p.m. Pacific Time, Ironhawk holidays excepted. If Ironhawk’s business hours are changed or extended during the term of this Supplement, Ironhawk will notify Customer of the change.
Prioritization of Service
Ironhawk will use commercially reasonable efforts to provide prompt technical assistance. However,Customers with inoperative or perceived inoperative software will receive technical assistance prior tothose customers with less serious problems or technical questions.
If the Ironhawk Software itself does not perform in substantial accordance with the specifications set forth in the documentation provided by Ironhawk or if there is an error in the documentation, Ironhawk will either replace or correct the defective Ironhawk Software or documentation. Ironhawk shall exercise a level of effort commensurate with the severity of the error, provided that Ironhawk shall have no obligation to correct all errors in the Ironhawk Software. Ironhawk will provide Customer with any known error avoidance or error bypass procedures as soon as possible after Customer notifies Ironhawk of a reproducible error that causes the Ironhawk Software to fail to conform to the specifications set forth in its documentation. In addition, Ironhawk will use commercially reasonable efforts to correct any reproducible non-conformity within a reasonable time after Ironhawk is able to verify and reproduce the reported error. This service may be provided by remote access to Customer’s computer or by the delivery of tangible media depending on the nature of the problem.
Limitations on Support
Applies only to the operation of the Ironhawk Software when it is used under the conditions and in the environment for which it was designed as described in the License and the Ironhawk Softwaredocumentation. Ironhawk is not required to provide support under this Support Agreement for the Ironhawk Software if it has been altered by anyone other than Ironhawk unless such alteration was made at Ironhawk’s express direction. Ironhawk does not guarantee that it will be able to correct all apparent errors.
Inability to Correct
If Ironhawk is unable to correct a material nonconformity between the Ironhawk Software and its documentation within a reasonable time, Ironhawk may offer Customer the choice terminating the pro-rata portion of this Support Agreement as the Customer’s only remedy.
Current Versions Only
Ironhawk only will support the then current version, and one version previous, of the Ironhawk Software, and shall have no obligation to provide support or maintenance services to Customer under this Support Agreement if Customer fails to implement a new version of the Ironhawk Software within thirty (30) days after it is delivered by Ironhawk if the difficulty giving rise to the support request would be cured by implementing the new version.
Corrections and Enhancements
Ironhawk will provide Customer with one (1) copy of any corrected or enhanced versions of the Ironhawk Software, which Ironhawk makes generally available for use by Ironhawk’s customers during the term of this Support Agreement without additional charge on an exchange basis. Customer is authorized to replace each authorized copy of the Ironhawk Software that Customer covered under this Supplement. Customer’s use of each version of the Ironhawk Software provided under this Support Agreement shall be subject to the same License terms and conditions as the original version of the Ironhawk Software being replaced.
When Ironhawk delivers corrected or enhanced versions of the Ironhawk Software under this Supplement, it will include any documentation, instructions, or data conversion utilities that are reasonably necessary for the Customer to install and implement the new versions of the Ironhawk Software in the Customer’s existing hardware and operating system platform, unless a hardware or operating system upgrade is required.
If a hardware or operating system modification or update is necessary for an error correction or a new release of the Ironhawk Software to be compatible with Customer’s hardware and operating system platform, Ironhawk will attempt to give Customer commercially reasonable advance notice of the upgrade requirements. Customer at its expense promptly shall make any hardware or operating systemmodifications that are required to correct problems in the performance of the Ironhawk Software.
Compatibility with Unsupported Software
If it becomes necessary to modify any application or other software that is not covered by this Support Agreement or another software support agreement between Customer and Ironhawk in order for that software to function with a new release of the Ironhawk Software, Customer shall make the required modifications at Customer’s expense.
New Software not Included
New software that provides substantial numbers of new features or additional functionality that are not provided by the Ironhawk Software covered by the License will not be provided under this Supplement, but may be available from time to time at additional charge.