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b. “Warranty Errors” are all Errors that do not qualify as Non-Warranty Errors. “Non-Warranty Errors” <br />are Errors resulting from any of the following causes: (i) misuse, improper use, alteration or damage of the Software; <br />(ii) operator error; (iii) incorrect data entry by Client; (iv) third-party software not part of the Software; (v) errors <br />and/or limitations attributable to Client environment; (vi) Client’s failure to incorporate any New Release previously <br />provided to it by Innovative which corrects such Error; (vii) modification of the Software performed by Client; and <br />(viii) technical consulting services provided by Innovative at Client’s request (e.g., change orders, integration <br />development, or configuration design and implementation), unless Client notifies Innovative of such technical <br />consulting services problem within the applicable warranty period set forth in the governing statement of work, <br />change order or agreement. Client acknowledges that the Software is intended for use only with the software and <br />hardware described in the Specifications provided by Innovative from time to time, and Client will be solely <br />responsible for its adherence thereto. <br />4. Complimentary and Chargeable Support. Innovative will respond to all reported Errors pursuant to <br />Section 2 above and will use commercially reason able efforts to resolve Warranty Errors at no additional charge if <br />Client has purchased and is current on its payment for Maintenance and Support; however, Innovative may charge <br />Client for such effort with respect to Non-Warranty Errors according to the following process: (i) When the Client <br />Contact reports any Error, prior to commencing the Diagnosis for the Error, Innovative will notify the Client Contact <br />that the Diagnosis and repair effort will be at no charge to Client unless the reported Error is det ermined to be a <br />Non-Warranty Error, in which case only the first two hours of Diagnosis will be at no charge; and (ii) Innovative will <br />then commence the Diagnosis unless instructed otherwise by the Client Contact. If more than two hours are <br />required for the Diagnosis of Non-Warranty Errors, then such additional Diagnosis hours will be charged to Client <br />at Innovative’s then-current rate for technical services. Once the Diagnosis is complete, the Client Contact will be <br />given the option of having Innovative proceed with repairing the Non-Warranty Error, and, if so requested, Innovative <br />will provide an estimate of the total cost for such effort. If agreed to by the Client Contact, Innovative will undertake <br />to repair the Non-Warranty Error and charge Client for the associated technical services performed. <br />5. Ticket Management and Escalation. Innovative manages all reported issues using a ticket management <br />system, and provides an Internet portal for Clients to report issues. Clients may review the status of issues reported <br />online. When an Error is either unresolved or not resolved in a timely fashion, the Client should contact Innovative <br />representatives pursuant to Innovative’s escalation policy made available on Innovative’s Internet portal. <br /> <br /> <br />DocuSign Envelope ID: F014C755-030D-478F-806C-6FB970D9CCD2