MFT Software shall provide Support and Maintenance Services in accordance with the terms of this Exhibit, which such terms may be amended from time to time by MFT.
Patch Release means a progressing of the 3rd digit of the version release number in a three point version control system (e.g., v2.1.1 to v2.1.2).
Point Release means a progressing of the 1st or 2nd digit of the version release number in a three point version control system, as applicable (e.g., v1.5 to v2.0 or v2.1 to v2.2), not including any Patch Releases.
Update means a Software patch issued by MFT to correct defects or deficiencies in Software or to provide minor modifications that do not substantially change the basic character or structure of Software.
Upgrade means an incremental release of Software that provides significant improvements (not merely corrections for Software defects and deficiencies) and changes the basic character or structure of Software, including, by way of example only, the inclusion of additional features and/or functionality.
2) SUPPORTED VERSIONS OF THE SOFTWARE.
Subject to Section 9, MFT shall provide Support and Maintenance Services for the two most recent, subsequent Point Releases and Patch Releases of the Software or for a period of 12 months, whichever is longer. Support and Maintenance Services commence on the date of MFT’s general release of such Point Release or Patch Release and ends on the date that is twelve (12) months after the date that MFT releases the next chronological Point Release. For example, if version 6.1 of the Software is released on January 1, 2010 and version 6.2 of the Software is released on July 1, 2010, then MFT will provide Support and Maintenance Services for the Point Release version 6.1, and all 6.1.x Patch Releases for the period that commences on January 1, 2010 and ends June 30, 2011. Click here to find out more about OPEN USERS LICENSE.
3) ITEMS COVERED BY SUPPORT AND MAINTENANCE SERVICES.
Support and Maintenance shall include:
remote assist and email for all technical issues relating to the use of the Software (including errors or problems with the Application it self and assistance understanding specific features); and
all available Updates and Upgrades as they become available for general release (electronically via download from MFT’s website).
ITEMS NOT COVERED BY SUPPORT AND MAINTENANCE SERVICES.
MFT is not obligated to provide Support and Maintenance for errors or problems caused by the following (each, an Excluded Cause):
4) CUSTOMER OBLIGATIONS.
Customer agrees to provide MFT with all information and materials requested by MFT for use in replicating, diagnosing and correcting an error or other problem with the Software reported by Customer. Customer acknowledges that MFT’s ability to provide satisfactory Support and Maintenance Services is dependent on MFT having the information necessary to replicate the reported problem with the Software. In reporting an error to MFT, Customer will send a complete and accurate error report (an Error Report) that includes
5) CONTACT METHODS.
Customer may contact MFT to provide an Error Report and request Support and Maintenance Services by any of the following methods:
online at the following URL: http://www.mfs2u.com or
email to firstname.lastname@example.org or email@example.com
WHILE MFT WILL USE COMMERCIALLY REASONABLE EFFORTS TO RESPOND TO CUSTOMER’S REQUEST USING ALL OF THE ABOVE METHODS.
6) Business Hours.
MFT business hours are defined as 8:00 AM to 6:00 PM (GMT+8) Pacific Time, Monday through Friday,
exclusive of the weekend & public holidays:
7) Response Times..
A Critical Severity issue has significant to critical business impact on a production system, resulting in Customers production system being either down, or functioning at a significantly reduced capacity.
MFT agrees that it will provide a response by a qualified member of its staff to begin to diagnose and to correct a Critical Severity fault within one (1) business day after notification by Customer via email and/or online portal. MFT will use commercially reasonable efforts to resolve Critical Severity faults as soon as possible. The resolution will be delivered to Customer as a work-around or as an emergency software fix. If MFT delivers an acceptable work-around instead of a solution, the severity classification will drop to a Medium Severity or lower.
A Medium Severity issue has some business impact on a production system, resulting in some functionality loss on Customers production system. The Software is usable, but does not provide a function in the most convenient or expeditious manner
MFT agrees that it will provide an initial response by a qualified member of its staff to begin to diagnose a Medium Severity fault within one (1) business day of notification by Customer via email and/or online portal. MFT will use commercially reasonable efforts to resolve Medium Severity faults within thirty (30) days or in the next Update of the Software. If MFT determines, in its sole discretion, that the requirement is unique to CustomerÕs operations, MFT will notify Customer within two (2) weeks of receiving notification of the fault with an appropriate recommendation and estimate for resolving the incident.
A Low Severity issue is for non-production questions including general usage questions, issues related to a non-production environment, or feature requests. There is no impact on the quality, performance or functionality on Customer’s production system.
MFT agrees that it will provide an initial response by a qualified member of its staff to begin to diagnose a Low Severity fault within one (1) business day of notification by Customer. MFT does not guarantee a resolution time for Low Severity incidents.
8) PAYMENT NON REFUNDABLE
Once your booking is confirmed, it cannot be cancelled and the payment you made is not refundable.
After payment is received no refund will be offered for changes. Changes or amendments to the purchase will be termed as cancellations and no refund will be offered.
9) TERM AND TERMINATION.