Common use of Error Correction Services Clause in Contracts

Error Correction Services. (1) During Regular Technical Support Hours, with respect to any Errors in the Supported Software which are reported by Licensee and which are confirmed by ▇▇▇▇▇▇, in the exercise of its reasonable judgment, Hyland will use its commercially reasonable efforts to correct the Error, which may be effected by a commercially reasonable workaround. ▇▇▇▇▇▇ shall promptly commence to confirm any reported Errors after receipt of a proper report of such suspected Error from Licensee. Hyland may elect to correct the Error in the current available or in the next available commercially released version of the Supported Software and require Licensee to implement an Upgrade and Enhancement to the version selected by ▇▇▇▇▇▇ in order to obtain the correction. (2) During any time outside of Regular Technical Support Hours, ▇▇▇▇▇▇ will receive and initially respond to reports of Errors in Supported Software by Licensee only to the extent that the Supported Software is inaccessible or the functionality of the Supported Software is substantially impaired, in either case in Licensee's production environment, and Licensee's business operations are materially adversely impacted by such circumstances. Reports of Errors outside of Regular Technical Support Hours will be made by calling ▇▇▇▇▇▇'▇ regular telephone support number and using ▇▇▇▇▇▇'▇ after hours paging system. ▇▇▇▇▇▇'▇ designated support engineer on call will contact Licensee regarding the problem within three (3) hours after the page. Licensee will not call outside of Regular Technical Support Hours for any other purpose or in any other circumstances. Hyland reserves the right to notify Licensee that it is making unauthorized use of Maintenance and Support outside of Regular Technical Support Hours and to terminate the provision thereof after such notice is given, unless Licensee pays ▇▇▇▇▇▇ for such continued after- hours Maintenance and Support at the rate of $187.50 per hour (with a minimum charge of one hour per call). Licensee shall be informed at the time of a call if such call is considered an unauthorized call and Licensee shall have the opportunity to terminate the call and delay Maintenance and Support until Regular Technical Support Hours on the next business day.

Appears in 1 contract

Sources: End User License Agreement

Error Correction Services. (1A) During Regular Technical Support Hours, with respect Hyland will use its commercially reasonable efforts to correct any Errors in the Supported Software which are reported by Licensee Customer and which are confirmed by ▇▇▇▇▇▇Hyland, in the exercise of its reasonable judgment, Hyland will use its commercially reasonable efforts to correct the Error, which correction may be effected by a commercially reasonable workaround. ▇▇▇▇▇▇ Hyland shall promptly commence to confirm any reported Errors after receipt of a proper report of such suspected Error from LicenseeCustomer. Hyland may elect to correct the Error in the current available or in the next available commercially released version of the Supported Software and require Licensee Customer to implement an Upgrade and Enhancement to the version selected by ▇▇▇▇▇▇ Hyland in order to obtain the correction. Only a Qualified Employee of Customer shall make a request or report on a matter requiring Error Correction Services. (2B) During any time outside of Regular Technical Support Hours, ▇▇▇▇▇▇ Hyland will receive and initially respond to reports of Errors in Supported Software, the Network, Third Party Software or the Host Web Site by Licensee Customer only to the extent that the Supported Software is inaccessible or the functionality of the Supported Software is substantially impaired, in either case in Licensee's Customer’s live production environment, and Licensee's Customer’s business operations are materially adversely impacted by such circumstances. Reports of Errors outside of Regular Technical Support Hours will be made by calling ▇▇▇▇▇▇'▇ regular telephone support number and using ▇▇▇▇▇▇'▇ after hours paging system. ▇▇▇▇▇▇'▇ designated support engineer on call will contact Licensee Customer regarding the problem within three (3) hours after as outlined in the pageProcess Manual. Licensee Customer will not call outside of Regular Technical Support Hours for any other purpose or in any other circumstances. Hyland reserves the right to notify Licensee Customer that it is making unauthorized use of Maintenance and Support outside of Regular Technical Support Hours and to terminate the provision thereof after such notice is given, unless Licensee Customer pays ▇▇▇▇▇▇ Hyland for such continued after- after-hours Maintenance and Support at the rate of $187.50 150 per hour (with a minimum charge of one hour per call). Licensee Customer shall be informed at the time of a call if such call is considered an unauthorized call and Licensee Customer shall have the opportunity to terminate the call and delay Maintenance and Support until Regular Technical Support Hours on the next business day. (C) Error Correction Services are not available for Retired Software.

Appears in 1 contract

Sources: Hosting Agreement