Software Maintenance and Support Services Policy
Any capitalized terms used in this Software Maintenance and Support Services Policy (“M&S Policy”) which are not defined in this document shall have the same meanings as set forth in the applicable EULA or order document (“order document”) between Customer and FireScope.
“Customer” refers to the entity or organization that has ordered M&S Services from FireScope.
“Error” means any failure of the Supported Software to: (i) operate in accordance with and conform in all materials respects to the functions described in the associated Documentation; and (ii) be compatible with and function on the machines and with the operating systems, database management systems, and other computer networks, platforms, and equipment for which the Supported Software has been designed as set forth in the Documentation.
“M&S” means the Maintenance and Support Services for the Supported Software.
“Supported Software” means (i) the then-current version of the FireScope Software licensed by Customer as listed in the applicable order document (the “Current Version”); and (b) all releases of the FireScope Software made available on or subsequent to the release of the immediately preceding major version release of such Software, but only for a period of 12 months following the release of the initial major version release of the Current Version, provided that all such FireScope Software is then generally available from FireScope and are operated on the platform that is a supported platform as set forth in FireScope published documentation. For example, during the time that the Current Version is v.3.1, FireScope shall provide support for v2.0 and all subsequent releases for a period of 12 months from the date on which FireScope released v3.0.
“Update(s)” shall mean (a) subsequent releases of the FireScope Software that FireScope makes generally available to its customers who are current on their M&S fees, and that (i) add new features, functionality, and/or improved performance, (ii) operate on new or other databases, operating systems, or client or server platforms, or (iii) add new foreign language capabilities; (b) bug or Error fixes, patches, workarounds, and maintenance releases; provided, however, that Updates shall not include new or separate products which FireScope offers only for an additional fee to its customers generally, including those customers purchasing Maintenance Services.
2. M&S SERVICES
To receive technical support as provided by FireScope Technical Support and described in Section 2 below, all Software must be properly licensed. Upon payment of the applicable M&S Fees, Customer shall receive the following M&S Services for Supported Software:
2.1 Standard M&S Services. FireScope will provide technical support to Customer according to its M&S Policy updated from time to time for current Supported Software which may be by telephone, e-mail or FireScope’s Support Portal from 7:00 a.m. to 7:00 p.m. (U.S. Central Standard Time) and from 9:00 a.m. to 7:00 p.m. (U.K. Time) for Customers based in the United Kingdom and the European Union, Monday through Friday excluding FireScope holidays. Customer shall have access to product releases, supported platforms, technical and other support related information and materials through FireScope’s Support Portal: https://Support.firescope.com. M&S Services will be provided by FireScope for up to two (2) Customer designated personnel. Customer agrees that designated personnel will be appropriately trained on Supported Software. Customer agrees that designated personnel will make reasonable efforts to diagnose and solve problems or questions for Supported Software before engaging FireScope Technical Support (including but not limited to searching available online knowledge base resources, online discussion forums, and product documentation). Designated Personnel must register for Support Services by completing the online registration process on FireScope’s Support Portal. As requested by FireScope, Customer agrees to provide FireScope with necessary remote access such as WebEx or other web-based remote technology or PC Anywhere via modem, to assist Customer in the remote troubleshooting of Supported Software or the provision of other M&S Services. FireScope does not ensure the performance of the M&S Services described herein if such remote access is not provided when requested by FireScope Technical Support. M&S Services cover Supported Software during both implementation and production use of such Software.
FireScope will use reasonable commercial efforts to cure or provide a workaround, as described below, reported and verifiable Errors in Supported Software so that such Software will perform in all material respects the functions described in the associated Documentation. FireScope will provide the following service levels based on the four severity levels of Supported Software Errors recognized by FireScope. Service requests for all FireScope Supported Software should be submitted by Customers online through FireScope’s web-based customer support systems. The service request severity level is selected by Customer and then verified by FireScope and is be based on the following severity definitions:
Severity 1 – Critical Business Impact. Customer’s production use of the Supported Software is stopped or so severely impacted that the Customer cannot reasonably continue work. FireScope will begin work on the Software Error within four hours of notification during Technical Support’s normal business hours and will engage development staff until a cure or workaround is achieved.
Severity 2 – Significant Business Impact. Important Software features are unavailable with no workaround. Customer’s implementation or production use of the Supported Software is continuing but not stopped; however, there is a serious impact on the Customer’s productivity and/or service levels. FireScope will begin work on the Software Error within six hours of notification during Technical Support’s normal business hours and will engage development staff until a cure or workaround is achieved.
Severity 3 – Some Business Impact. Important Software features are unavailable, but a workaround is available, or less significant Software features are unavailable with no reasonable workaround. Customer’s work, regardless of the environment or product usage, has minor loss of operational functionality or implementation resources. FireScope will provide an initial response regarding the requested information or documentation clarification within 72 hours of notification during Technical Support’s normal business hours and will consider a cure or workaround, if appropriate, and Supported Software enhancements for inclusion in a subsequent Software Update.
Severity 4 – Minimal Business Impact. Customer requests information, an enhancement, or documentation clarification regarding the Supported Software but there is no impact on the operation of the Supported Software. Customer’s implementation or production use of the Supported Software is continuing and there is no work being impeded at the time. FireScope will provide an initial response regarding the requested information or documentation clarification within 7 days of notification during Technical Support’s normal business hours and will consider Supported Software enhancements for inclusion in a subsequent Software Update.
2.2 Premium M&S Services. Premium M&S Services consists of all of the features of Standard Support defined in Section 2.1 above, and includes the following:
24×7 Support. Assistance with service requests 24 hours per day, 7 days a week for Severity 1 and production usage Severity 2 issues. 24 x 7 service may include pager service during off-peak hours. For all other issues, Standard Support is provided as described in Section 2.1.
Additional Technical Contacts. With the purchase of Premium M&S Services Customer may designate up to four (4) technical contacts, who may be located in multiple regional time zones worldwide, to serve as liaisons with FireScope Technical Support.
FireScope shall, from time to time, in its sole discretion, make Updates to Supported Software available to Customer at no additional charge except for media and handling charges. If a Customer transfers the Supported Software to a hardware and/or software platform which is not supported by FireScope at the time of such transfer, FireScope shall continue to provide to Customer Updates which operate on a Supported Platform and FireScope shall have no further obligation to fix errors which occur when the Software is run on any platform other than the Supported Platform. Notwithstanding the foregoing, Customer shall remain obligated to pay for M&S Services ordered by Customer prior to such transfer.
4. FIRST-LINE SUPPORT, SECOND-LINE AND THIRD-LINE SUPPORT
4.1 First-Line Support. If after reasonable commercial efforts Customer is unable to diagnose or resolve problems or performance deficiencies of the Supported Software, First Line Support to Customers will be offered by FireScope or its partners in the form of web-based and telephone and other support. First- Line Support means direct technical support of Licensed Software, including but not limited to (a) a direct response to Customer inquiries concerning the performance, functionality or operation of the Licensed Software, and (b) a direct response to reported problems or performance deficiencies with the Licensed Software.
4.2 Second-Line Support. If, after using its reasonable commercial efforts, First Line Support is not able to answer a support question or to correct or provide a workaround to a reported problem in the Licensed Software, First-Line Support shall escalate the question/problem to Second Line Support. Second Line Support will be offered by FireScope or its partners in the form of web-based and telephone and other support. Second Line Support means (a) a diagnosis of problems or performance deficiencies of the Licensed Software, and (b) a resolution of problems or performance deficiencies of the Licensed Software. FireScope will allow Customers who are current on Maintenance and Support Services payment obligations, access to product releases, supported platforms, technical and other support related information and materials through FireScope’s Support Portal: Support.firescope.com. Such Support Portal may from time to time permit Customers to access available online knowledge base resources, online discussion forums, and Documentation.
4.3 Third-Line Support. If, after using its reasonable commercial efforts, Second- Line Support is not able to answer a support question or to correct or provide a workaround to a reported problem in the Licensed Software, Second-Line Support shall escalate the question/problem to Third-Line Support. FireScope Third-Line Support shall provide Customer Updates and web-based and telephone support to respond to support questions or to correct reported problems that are due solely to the failure of the Licensed Software to perform in any material respect the functions described in the Documentation when operated on a Supported Platform.
5. M&S FEES
5.1 Annual fees for M&S Services as described herein shall be as set forth in the applicable order document.
5.2 FireScope may, at its sole option, reinstate lapsed M&S Services in accordance with its then-current reinstatement
policies firescope.com/eula/msreinstatement upon payment by of the applicable reinstatement fee.
6. EXCLUDED SERVICES
6.1 The following services are outside the scope of FireScope’s M&S Services: 6.2 Service for Supported Software which has been subject to modification by Customer other than in accordance with FireScope’s published documentation.
6.3 Service for Supported Software for which all required maintenance releases that are related to the requested service have not been implemented by Customer.
6.4 Service which becomes necessary due to: (i) failure of computer hardware or equipment or programs not covered by the applicable order document; or (ii) any cause or causes beyond the reasonable control of FireScope (e.g., floods, fires, loss of electricity or other utilities), (iii) negligence of Customer, Customer or any third party, or (iv) operator error, improper use of hardware or software or use of any Supported Software in a manner inconsistent with the respective published documentation.
6.5 Services performed at the Customer’s or Customer’s site unless the parties mutually agree otherwise.
7. M&S POLICIES
FireScope and Customer agree to comply with then-current M&S Policy available from FireScope’s Support Portal: support.firescope.com FireScope shall have the right to modify the M&S Policy at any time in its reasonable discretion.