2011-199 Finance - IMMIX Technology for Kronos Automated Time Keeping System

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immixTe~hnc~logy, Ir~c. asuL^z+rl~ryot ~ Pr#ut,izG Performance Tuning maintenance scripts such as updating statistics, free space, indexes and database integrity checks as described in Contractor Best Practices. Contractor Application Service Service packs and legislative updates are provided and installed as required to repair reported product Packs and Legislative Updates issues. Modifications to product or report customizations impacted by Service packs or legislative updates are not included and can be ordered separately. Backup ~ Restore Assistance Data backup configuration planning assistance. Ordering Activity is required to perform data backups. Contractor is not responsible for data loss. DEFAULT Ordering Activity shall have the right to terminate Contractor support services in the event that Contractor is in breach of the support services warranty set forth below and such breach is not cured within fifteen (15) days after written notice specifying the nature of the breach. In the event of such termination, Contractor shall refund to Ordering Activity on a pro-rata basis those pre-paid annual support fees associated with the unused portion of the support term. Contractor reserves the right to terminate or suspend support service in the event the Ordering Activity is in default under this Attachment A with Contractor and such default is not corrected within fifteen (15) days after written notice. WARRANTY Contractor warrants that all support services shall be perrormed in a professional and competent manner. CONTRACTOR SOFTWARE SUPPORT SERVICE POLICIES The following Contractor Support Services Policies shall apply to all Software Support Services purchased by Ordering Activity: a. Product Coverage. (i) For each installation, Ordering Activity's must purchase the same software support service type for all software and must purchase the same equipment support service type for all equipment. (ii) Workforce Central suite Contractor only provides service packs for the current release and the two immediately prior releases of the Software. Contractor currently come out with new releases every eighteen months. Resolution of an issue may require that you upgrade to the current release of the Software. Workforce HR and Workforce Payroll are exceptions to the rule. Contractor provides service packs for the current release and the immediately prior release of the Software only for Workforce HR and Workforce Payroll. (iii) Contractor iSeries Central suite Contractor only provides service packs for the current release and the two immediately prior releases of the Software. Resolution of an issue may require that you upgrade to the current release of the Sofiware. (iv) Timekeeper Central Contractor only provides "defect repairs" for the current release of the Software. (v) Contractor defines Version, Release, and Service Pack as follows: (a) Version: A software product upgrade that includes major new features or functionality. (b) Release: A software product upgrade that includes minor new features or functionality. (c) Service Pack: One or more defect repairs bundled into a single update. Service packs are cumulative -Service Pack N will, at minimum, include all of the changes delivered in Service Pack N-1. (d) The software product hierarchy is: Version .Release .Service Pack b. Support Exclusions. (i) Support service does not include service to the Software resulting from, or associated with: (a) Any cause external to the Software including, but not limited to, electrical work, fire, flood, water, wind, lightning and transportation, or any act of God; or (b) Ordering Activity's failure to continually provide a suitable installation environment as specified in Contractor' specifications; or (c) Ordering Activity's improper use, management or supervision of the Software or other failure to use the Software in accordance with Contractor' specifications; or (d) Ordering Activity's repair, attempted repair or modification of the Sofiware without prior authorization from Contractor; or (e) Ordering Activity's use of the Software for purposes other than those for which they are designed or the use of accessories or supplies not approved by Contractor; or (f) Ordering Activity's computer or operating system malfunctions; or (g) Services required for application programs and/or conversions from products or software not supplied by Contractor; or (h) Reprogramming, including reconfiguration of the Software or the rebuilding of Ordering Activity's database. GS-35F-0265X www.immixtechnoloav.com Page ST-157