Common use of Software Maintenance and Support Services Clause in Contracts

Software Maintenance and Support Services. A. At the expiration of the Warranty Period, Licensee may buy maintenance and support services for the Software for an initial twelve (12) month period (a "Maintenance Period") upon payment to Riverbed of the amount specified on the Summary Page. At the expiration of the Initial Maintenance Period or any subsequent Maintenance Period, Licensee may buy Maintenance and Support Services for the Software for another Maintenance Period at Riverbed's then-current prices: provided that: (i) Riverbed is still offering maintenance and support Services for the Software; (ii) Licensee has paid the maintenance fees for all prior Maintenance Periods; and (iii) Licensee incorporates into the Software within 30 days of the issue date all enhancements and corrections to the Software that Riverbed has made available to Licensee. Notwithstanding the foregoing, Riverbed will provide Maintenance and Support Services for the currently released version of the Software and the immediately prior version of the Software. B. Maintenance and Support consists of the following services: (i) Riverbed will consult with Licensee for a reasonable amount of time by telephone during Riverbed's normal business hours to assist Licensee in the use of the Software; (ii) Riverbed will use its best efforts to supply computer program code to correct any material nonconformities in the Software from the Documentation; and (iii) Riverbed will provide Licensee with all fixes, workarounds, and enhancements to the Software that Riverbed develops and generally makes available at no charge to other licensees of the Software. C. Riverbed may, at its option, investigate and correct suspected Errors at Riverbed's offices to the extent possible. If Riverbed's personnel travel to Licensee's place of business at Licensee's request to perform maintenance and support services that Riverbed could have performed remotely, Licensee will pay Riverbed for the actual travel time and reasonable travel and out-of-pocket expenses of Riverbed's personnel. If Riverbed and Licensee mutually determine that a suspected nonconformity is attributable to a cause other than the unmodified Software as delivered by Riverbed, then Licensee will pay for Riverbed's work on a time-and-materials basis, including reasonable travel and out-of-pocket expenses of Riverbed's personnel. If no mutual determination can be agreed upon, Licensee will pay for the reasonable travel and out-of-pocket expenses of Riverbed's personnel only. D. All enhancements and corrections to the Software provided by Riverbed under this Section 8 will become a part of the Software for the purposes of this Agreement at the time they are provided to Licensee and are hereby included within the license grant, and subject to the provisions of, this Agreement. E. Except for the maintenance and support services provided pursuant to this Section 8, this Agreement does not include any other professional services in connection with Riverbed's provision of the Software. Additional Consulting Services are offered to Licensee under the terms specified in Exhibit B.

Software Maintenance and Support Services. A. At If provided on the expiration of the Warranty PeriodSummary Page, Licensee may buy is enrolled in the optional maintenance and support services for the Software ("Maintenance and Support Services") for an the initial twelve (12) month period (a "Maintenance Period") upon payment according to Riverbed of the amount fees specified on the Summary Page. At the expiration of the Initial initial Maintenance Period or any subsequent Maintenance Period, Licensee may buy Maintenance and Support Services for the Software for another Maintenance Period at RiverbedAether's then-current prices: ; provided that: (i) Riverbed Aether is still offering maintenance Maintenance and support Support Services for the Software; (ii) Licensee has paid the maintenance fees for all prior Maintenance Periods; and (iii) Licensee incorporates into the Software within 30 thirty (30) days of the issue date all enhancements and corrections to the Software that Riverbed Aether has made available to Licensee. Notwithstanding the foregoing, Riverbed Aether will provide Maintenance and Support Services for the currently released version of the Software and the immediately prior version of the Software. B. Maintenance and Support consists of the following services: (i) Riverbed Aether will supply electronic product support via the internet; (ii) Aether will consult with Licensee for a reasonable amount of time by telephone during RiverbedAether's normal business hours to assist Licensee in the use of the Software; (iiiii) Riverbed Aether will use its best reasonable efforts to supply computer program code to correct any material nonconformities in the Software from the Documentation; and (iiiiv) Riverbed Aether will provide Licensee with all fixes, workarounds, and enhancements to the Software that Riverbed Aether develops and generally makes available at no charge to other licensees of the Software. C. Riverbed Aether may, at its option, investigate and correct suspected Errors at RiverbedAether's offices to the extent possible. If RiverbedAether's personnel travel to Licensee's place of business at Licensee's request to perform maintenance and support services that Riverbed Aether could have performed remotely and Aether notifies Licensee as soon as practicable after learning that such services could be performed remotely, Licensee will pay Riverbed Aether for the actual travel time and reasonable travel and out-of-pocket expenses of RiverbedAether's personnel. If Riverbed Aether and Licensee mutually determine that a suspected nonconformity is attributable to a cause other than the unmodified Software as delivered by RiverbedAether, then Licensee will pay for RiverbedAether's work on a time-and-materials basis, including reasonable travel and out-of-pocket expenses of RiverbedAether's personnel. If no mutual determination can be agreed upon, Licensee will pay only for the reasonable travel and out-of-pocket expenses of RiverbedAether's personnel onlypersonnel. D. All enhancements and corrections to the Software provided by Riverbed Aether under this Section 8 will become a part of the Software for the purposes of this Agreement at the time they are provided to Licensee and are hereby included within the license grant, and subject to the provisions of, this Agreement. E. Except This Agreement does not include any other professional services in connection with Aether's provision of the Software except for (i) the warranty obligations set forth in Section 6; (ii) the maintenance and support services provided pursuant to this Section 8, ; and (iii) any additional Professional Services which may be set forth in an appendix (which if executed shall be designated Appendix 2 and incorporated herein by this Agreement does not include any other professional services in connection with Riverbed's provision of the Software. Additional Consulting Services are offered to Licensee under the terms specified in Exhibit B.reference).

Software Maintenance and Support Services. A. At Vendor shall provide a replacement copy or correction service at no additional cost to WSP for any error, malfunction, or defect in Software that, when used as delivered, fails to perform in accordance with the expiration of the Warranty Period, Licensee may buy maintenance Specifications and support services for the Software for an initial twelve (12) month period (a "Maintenance Period") upon payment that WSP shall bring to Riverbed of the amount specified on the Summary PageVendor’s attention. At the expiration of the Initial Maintenance Period or any subsequent Maintenance Period, Licensee may buy Maintenance Vendor shall undertake such correction service as set forth below and Support Services for the Software for another Maintenance Period at Riverbed's then-current prices: provided that: (i) Riverbed is still offering maintenance and support Services for the Software; (ii) Licensee has paid the maintenance fees for all prior Maintenance Periods; and (iii) Licensee incorporates into the Software within 30 days of the issue date all enhancements and corrections to the Software that Riverbed has made available to Licensee. Notwithstanding the foregoing, Riverbed will provide Maintenance and Support Services for the currently released version of the Software and the immediately prior version of the Software. B. Maintenance and Support consists of the following services: (i) Riverbed will consult with Licensee for a reasonable amount of time by telephone during Riverbed's normal business hours to assist Licensee in the use of the Software; (ii) Riverbed will shall use its best efforts to supply computer program code make corrections in a manner that is mutually beneficial. Vendor shall disclose all known defects and their detours or workarounds to correct any material nonconformities WSP. In addition, Vendor shall provide the following Services: a. Help Desk Services. Vendor shall provide Help Desk Services for reporting errors and malfunctions and trouble shooting problems. Vendor’s Help Desk Services shall be by toll-free telephone lines. Vendor’s Help Desk Services shall include but are not limited to the following Services: Assistance related to questions on the use of the subject Software; Assistance in identifying and determining the causes of suspected errors or malfunctions in the Software; Advice on detours or workarounds for identified errors or malfunctions, where reasonably available; Information on errors previously identified by ▇▇▇▇▇▇▇▇▇ and reported to Vendor and detours to these where available; and Advice on the completion and authorization for submission of the required form(s) reporting identified problems in the Software from to Vendor. b. Error and Malfunction Service. Within two (2) Business Days of receiving oral or written notification by WSP of identified errors or malfunctions in the Documentation; and (iii) Riverbed Software, Vendor will provide Licensee either: Provide WSP with all fixes, workarounds, and enhancements detour or code correction to the Software error or malfunctions. Each detour or code correction will be made available in the form of either a written correction notice or machine-readable media and will be accompanied by a level of documentation adequate to inform WSP of the problem resolved and any significant operational differences resulting from the correction that Riverbed develops is known by Vendor, or Provide WSP with a written response describing Vendor’s then-existing diagnosis of the error or malfunction and generally makes available at no charge to other licensees of the Software. C. Riverbed mayoutlining Vendor’s then-existing plan and timetable, at its option, investigate and correct suspected Errors at Riverbed's offices to the extent possible. If Riverbed's personnel travel to Licensee's place of business at Licensee's request to perform maintenance and support services that Riverbed could have performed remotely, Licensee will pay Riverbed for the actual travel time and reasonable travel and out-of-pocket expenses of Riverbed's personnel. If Riverbed and Licensee mutually determine that a suspected nonconformity is attributable to a cause other than the unmodified Software as delivered by Riverbed, then Licensee will pay for Riverbed's work on a time-and-materials basis, including reasonable travel and out-of-pocket expenses of Riverbed's personnel. If no mutual determination can be agreed upon, Licensee will pay for the reasonable travel and out-of-pocket expenses of Riverbed's personnel only. D. All enhancements and corrections to the Software provided by Riverbed under this Section 8 will become a part of the Software for the purposes of this Agreement at the time they are provided to Licensee and are hereby included within the license grant, and subject to WSP’s approval, for correcting or working around the provisions of, this Agreementerror or malfunction. E. Except for the maintenance and support services provided pursuant to this Section 8, this Agreement does not include any other professional services in connection with Riverbed's provision of the Software. Additional Consulting Services are offered to Licensee under the terms specified in Exhibit B.