ServiceRocket shall provide Software Support to Customer for the Software and Documentation licensed pursuant to the License Agreement in accordance with this ServiceRocket Software Support Plan (the “Plan”).
ServiceRocket means ServiceRocket Inc. of 2741 Middlefield Road, Suite 200, Palo Alto, California 94306 USA.
License Agreement shall mean the software license agreement under which the Software is licensed to Customer.
Customer means the company or person licensed for the product.
Authorized Technical Contact means an individual designated by Customer to be responsible for contacting ServiceRocket’s Support organization.
Documentation means the user manuals that ServiceRocket delivers to the customer.
Error shall mean any verifiable and reproducible failure of the Software to substantially conform to the Specifications for such Software. Notwithstanding the foregoing, “Error”shall not include any such failure that is caused by: (i) the use or operation of the Software with any other software or programming languages or in an environment other than that intended or recommended by ServiceRocket in the Documentation, (ii) modifications to the Software not made or approved by ServiceRocket in writing, or (iii) any bug, defect, or error in third-party software used with the Software.
Error Correction shall mean either (i) a modification or addition to or deletion from the Software that substantially conforms such Software to the then-current Specifications, or (ii) a procedure or routine that, when exercised in the regular operation of the Software, eliminates any material adverse effect on Customer caused by such Error. An Error Correction may be a correction, workaround, fix, or service pack.
Software means the ServiceRocket software programs licensed to Customer under the License Agreement.
Software Releases means all generally available updates and enhancements which will be released from time to time by ServiceRocket.
Option means any additional or replacement code that can be added to the Software to provide optional capability or functionality. Optional capabilities are those that some customers may require and others may not.
Specifications shall mean the published description of the Software, as set forth in the Documentation for the Software.
Update means additional or replacement code or Documentation for the Software that is provided by ServiceRocket to remedy an Error.
Business Day(s) means a day on which banks are open for business in Palo Alto, California, other than a Saturday, Sunday or public holiday.
All support plans are subject to change at the sole discretion of ServiceRocket.
During the term of this support plan, ServiceRocket will provide technical consultation and advice on the Software to the Customer’s Authorized Technical Contacts between the hours of 9:00 a.m. and 5:00 p.m., during Business Days. Basic Support is limited to e-mail support (no telephone support). Support Services are provided in accordance with Section 4 of this Plan. Customer shall also receive Software Maintenance as more fully described under Section 3 of this Plan.
a. Software Release availability
During the term of the applicable support plan, and provided that Customer is not in breach of the License Agreement, ServiceRocket will make available new Software Releases to Customer, as they become generally available. New Software Releases shall be delivered electronically over the Internet.
If installation and/or configuration are required for the new release then ServiceRocket will negotiate terms and conditions for the provision of those services with the Customer.
If the Customer has modified the Software and requires their modifications to be incorporated into current or future releases of the ServiceRocket Software then ServiceRocket will negotiate terms and conditions for the provision of those services with the Customer. Such agreement will be subject to ServiceRocket determining the feasibility of the inclusion of the customisations. There is no training or education included with any update or New Software Releases.
b. Error Corrections
(i) During the term of the applicable support plan, ServiceRocket shall use commercially reasonable efforts to provide Error Corrections for Errors in the Software reported by Customer to ServiceRocket.
(ii) ServiceRocket shall have no obligation under this Plan to correct Errors which result from the breach by Customer of this Plan or the License Agreement, or which cannot be remedied due to any modifications of the Software made by Customer or any third party.
Any Error Corrections to the Software or Documentation effected or delivered under this Plan and any Updates, Error Corrections, or Software Releases delivered under this Plan shall be deemed part of the applicable Software and subject to all of the confidentiality and proprietary provisions of the License Agreement in addition to the terms governing it use.