See to Solve

Succeeding Starts With Seeing

SEE TO SOLVE SOFTWARE SUPPORT POLICY 2.0

See to Solve LLC (“See to Solve”) shall provide to its customers (each a “Company”) Support for the Products and Documentation in accordance with this Software Support Policy (the “Policy”), provided that such Support is limited to those Products for which Company currently has an active subscription.

  1. DEFINITIONS
    1. Authorized Support Contact: means an individual designated by Company to be responsible for contacting See to Solve’s Support organization. Company may change its Authorized Support Contact(s) at any time upon ten (10) days written notice to See to Solve.
    2. Documentation: means the technical manuals that See to Solve delivers to Company along with the Products.
    3. Error: means any verifiable and reproducible failure of a Product to substantially conform to the Specifications for such Product. Notwithstanding the foregoing, “Error” shall not include any such failure that is caused by: (i) the use or operation of the Product with any other software or programming languages or in an environment other than that intended or recommended by See to Solve in the Documentation, (ii) modifications to the Product not made by See to Solve, or (iii) any bug, defect, or error in third-party software used with the Product.
    4. Error Correction(s): means either (i) a modification or addition to or deletion from a Product that substantially conforms such Product to the then-current Specifications, or (ii) a procedure or routine that, when exercised in the regular operation of the Product, eliminates any material adverse effect on Company caused by such Error. An Error Correction may be a correction, workaround, fix, or service pack.
    5. Master Agreement: means the subscription agreement pursuant to which Products subscriptions are purchased by Company.
    6. Products: means See to Solve’s software application(s) and/or hosted data service for which Company purchases a Subscription pursuant to the terms of the Master Agreement.
    7. Software Releases: means the Major and Minor Releases made generally available from time to time by See to Solve. Software Releases do not include Options, new products being added to a product line, or new functionality that is sold as a separate product.
      1. Major Release: means any additional or replacement code for a Product that is made generally available from time to time by See to Solve that adds major new capabilities or functionality and that is designated by See to Solve, in its sole discretion, as a new Major Release of the Software, and generally designated by a change in version number to the left of the decimal.
      2. Minor Release: means any additional or replacement code for a Product that is made generally available from time to time by See to Solve that adds incremental capabilities or functionality to the Product and that is designated by See to Solve, in its sole discretion, as a Minor Release of the Software, and generally designated by a change in version number to the right of the decimal.
    8. Option: means any additional or replacement code that can be added to a Product to provide optional capability or functionality. Optional capabilities are those that some licensees may require and others may not.
    9. Specifications: means the published description of the Products, as set forth in the each Product’s Documentation.
    10. Update: means additional or replacement code or Documentation for a Product that is provided by See to Solve to remedy an Error. An Update is a newSoftware Release and includes both Major and Minor Releases.
  2. SUPPORT PLAN
    1. SOFTWARE MAINTENANCE
      1. Product Releases.
        1. During the term of the applicable support plan, and provided that Company is not in breach of the Master Agreement, See to Solve will make available new, generally available, Software Releases to Company. All such Software Releases shall be delivered electronically over the Internet.
        2. See to Solve’s support obligations shall apply only to the then-current generally available Software Release and the immediately preceding Software Release; provided that each Software Release shall be supported for a minimum of twelve (12) months from the date is it made generally available. In order to correct Errors in the Products reported by Company, See to Solve may require that Company update the applicable Products to the then-current Software Release.
      2. Error Corrections.
        1. During the term of the applicable support plan, See to Solve shall use commercially reasonable efforts to provide Error Corrections for Errors in the Products reported by Company to See to Solve.
        2. See to Solve shall have no obligation under this Plan to correct Errors that result from the breach by Company of this Plan or the Master Agreement, or which cannot be remedied due to any modifications of the Products made by Company or any third party. If See to Solve agrees to remedy any errors or problems not covered by the terms of this Plan, Company shall pay See to Solve for all such work performed at See to Solve’s then-current standard professional services rates. Company acknowledges that See to Solve is under no obligation to perform services with respect to any hardware or any software other than the Products.
      3. TERMS AND FEESUnless otherwise specified in the Master Agreement, Support is provided to Company for an annual term upon payment of the annual subscription fee.
      4. PROPRIETARY RIGHTSAny Error Corrections to the Products or Documentation effected or delivered under this Plan and any Updates, Error Corrections, or Software Releases delivered under this Plan shall be deemed part of the applicable Product and subject to all of the confidentiality and proprietary provisions set forth in the Master Agreement along with the terms governing it use.