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2021-536-E-IT Dept-Innovative Interfaces Inc-Sierra and Encore Annual Maint (Library)
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2021-536-E-IT Dept-Innovative Interfaces Inc-Sierra and Encore Annual Maint (Library)
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Last modified
10/5/2021 12:13:30 PM
Creation date
10/5/2021 12:13:05 PM
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Contract
Date
9/30/2021
Contract Starting Date
9/30/2021
Contract Ending Date
10/2/2021
Contract Document Type
Contract
Amount
$164,396.09
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Exhibit A.3 <br />Innovative Interfaces Incorporated <br />Perpetual License Agreement <br />Maintenance and Support <br />Terms and Conditions <br /> <br /> These Maintenance and Support Terms and Conditions (“Support Terms”) apply to the License Agreement <br />if, and only to the extent that, Maintenance and Support are identified on the Pricing Exhibit to the License <br />Agreement as a purchased service and Client is current on its payment for such service. Unless otherwise specified, <br />capitalized terms in these Support Terms have the same meaning as those in the GTCs. The terms set forth herein <br />supplement, but do not replace or modify, the GTCs. <br />1. Maintenance and Support. To the extent Maintenance and Support is identified on the Pricing Exhibit to <br />the License Agreement as a purchased service, Innovative will offer maintenance and support on the terms set <br />forth herein (“Maintenance and Support”) for the latest generally available version of the Software and for certain <br />earlier versions in accordance with Innovative’s support policy, at the price set forth in the corresponding Pricing <br />Exhibit. New Releases will be made available to Client during the T erm of the Maintenance and Support set forth <br />in the License Agreement, so long as Client is current on its payment for such service. Client may discontinue <br />Maintenance and Support at the end of the Initial Term or any Renewal Term in accordance with the termination <br />notice provisions set forth in the License Agreement, but must pay Maintenance and Support Fees for any <br />discontinued Term in order to renew Maintenance and Support. <br />2. Error Response. Error descriptions (each an “Error”), the Error severity levels and corresponding t argeted <br />response time per level are each described in the table below. The Targeted Response Times in the table below <br />identify the response times that Innovative will target for the corresponding Error, however, such Targeted <br />Response Times are not guaranteed. <br />Severity Description Target <br />Response Time <br />One - Site Down A major component of the software is in a non-responsive state <br />and severely affects library productivity or operations. A high <br />impact problem that affects the entire library system. Widespread <br />system availability, production system is down <br />1 hour <br />Two – Critical Any component failure or loss of functionality not covered in <br />Severity 1 that is hindering operations, such as, but not limited to: <br />excessively slow response time, functionality degradation; error <br />messages; backup problems; or issues affecting the use of the <br />module or the data <br />2 business <br />hours <br />Three - High Lesser issues, questions, or items that minimally impact the work <br />flow or require a work around <br />2 business days; <br />excludes <br />holidays and <br />weekends <br />Four – Routine Issues, questions, or items that don’t impact the work flow. Issues <br />that can easily be scheduled such as an upgrade or patch <br />4 business days; <br />excludes <br />holidays and <br />weekends <br /> <br />3. Error Reporting and Diagnosis. <br />a. Client must designate a representative as the contact that will report Errors to Innovative and be <br />Innovative’s primary contact for the provision of Maintenance and Support pursuant to the terms of this Agreement <br />(such representative is referred to herein as the “Client Contact”). When a Client Contact reports an Error, <br />Innovative will use commercially reasonable efforts to diagnose the root cause of the Error (“Diagnosis”). Upon <br />completing the Diagnosis, each Error will be classified as either a “Warranty Error” or a “Non-Warranty Error” <br />pursuant to Section 3.b. below. Innovative will use commercially reasonable efforts to diagnose and repair both <br />Warranty and Non-Warranty Errors as described below. <br />DocuSign Envelope ID: F014C755-030D-478F-806C-6FB970D9CCD2
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