This Support Guide provides additional information about support services (“Support”) made available to Licensees of certain dotData Software under the terms of the dotData Software License Agreement, and is incorporated therein and governed by the terms thereof.
1.1 “Business Day” means a day which is not a Saturday, a Sunday, or designated national holiday the United States.
1.2 “Critical Incident” an Error that results in total loss or continuous instability of functionality or inability to use the Software.
1.3 “Named Users” means a Licensee employee, designated by Licensee, who may submit Support requests to dotData.
1.4 “Standard Incident” any Errors that are not determined by dotData to be Critical Incidents.
2. ELIGIBILITY FOR SUPPORT. Unless otherwise agreed by dotData in writing, Support is available only for qualifying Software during the Subscription Term for which Licensee has licensed such Software. Licensee acknowledges and agrees that Support is provided solely for Licensee’s internal business purposes to support Licensee’s use of the Software covered under a valid Subscription.
3. LIMITATIONS. dotData is not obliged to provide Support for problems resulting from (a) operation or maintenance of the computer on which the Software is installed outside of the standards prescribed by the computer manufacturer; (b) use of the Licensed Materials with a version of the operating system software or computer hardware other than that specified by dotData; (c) Licensee’s failure to ensure that its personnel and staff are fully trained in the use and operation of Software, or (d) Software serviced, maintained or modified by anyone other than dotData.
4. REQUIREMENTS. Licensee must: (a) ensure that Licensee submits Support requests in accordance with the terms of the Agreement; (b) at all times maintain Subscription for the licenses for the Software for which Licensee is requesting Support; (c) ensure that Licensee provides dotData with such information, specifications, or other information as may reasonably be required by dotData to provide Support, including provision of the conditions necessary to reproduce the Error or recreate the environment that produces the Error; (d) utilize the instructions and troubleshooting procedures provided by dotData, where applicable, prior to initiating a request for Support; (e) follow the problem determination, problem analysis, and service request procedures that dotData provides; (f) promptly install all Updates and Upgrades supplied by dotData (g) agree to back up all data on or prior to the provision of Support and to provide adequate security for Licensee’s system; (h) if judged necessary by dotData, use best efforts to allow dotData access to Licensee’s systems directly or via the Internet when requested by dotData as part of any remote diagnostic service that may be offered; and (i) collect and provide dotData personnel with ready access to Software generated log files.
5. PROVISION OF SUPPORT
5.1. Licensee may appoint up to five (5) Named Users who will submit Support request(s). Support requests may only be submitted by such Named Users.
5.2 Support requests must relate solely to Licensee’s use of the Software covered by Support and may be submitted in English.
5.3 Support shall only be provided for: (a) the most current release of the Software and (b) the three (3) immediately preceding releases; provided that each release will be supported for at least one (1) year following its initial date of release.
5.4 dotData shall make reasonable efforts to :
5.4.1 provide an initial response to Standard Incidents within eight (8) Business Hours of receipt of a relevant Support request from a Named User, and within four (4) Business Hours of receipt of a relevant Support Request from a Named User for a Critical Incident. Responses will be posted to the dotData Web Service Desk and the Named User will be notified by email when a response to a request has been posted. Named Users may also be contacted by dotData by email or telephone to facilitate resolution of specific issues. A response may consist of: (a) a suggested problem resolution; (b) a request for more detailed information or clarification which will enable dotData to determine the appropriate course of action; or (c) in the case of a request which in dotData’s sole discretion requires more extensive research or escalation, a notification of the estimated time to provide the Named User with either further information or a suggested resolution or a workaround, as appropriate.
5.4.2 accept and respond to requests from Named Users involving: (i) Errors experienced by Licensee; (ii) questions about specific dotData Software functionality; (iii) other general inquiries reasonably relevant to Software functionality; and (iv) feature requests.
5.4.3 make reasonable commercial efforts to resolve all requests submitted by Named Users and in a professional and workmanlike manner, including: (i) problem isolation and diagnosis of Errors; (ii) development of patches and workarounds to remedy Software bugs; and (iii) development of workarounds to remedy Errors caused by Open Source Software distributed by dotData with the Software.
5.5 The following types Support requests are not within the scope of the Support provided by dotData: (i) advice on performing data analysis using the Software; (ii) inquiries about the use of any Third Party Software distributed with the Software; and (iii) other general inquiries not reasonably relevant to the functionality of the Software.