On-premise Service Level Agreement and Support Terms
The On-premise Service Level Agreement outlines that the Licensor will maintain the Software free of material defects and provide support during business hours via multiple contact methods, while the Customer must maintain an internal help desk responsible for first-line support including problem documentation and initial troubleshooting, with Licensor responding to reported software errors as specified in the agreement.
1. Description of Support Services
1.1 Support Services
- 1.Licensor will provide services to maintain the Software in good working order, keeping it free from material defects so that it functions properly and in accordance with the accepted level of performance as set forth in the Schedule.
- 2.Licensor will make available to Customer documentation for how to contact the Support Help Desk, including a phone number, Support email, and access to Customer Support online portal to request service. The Support Center operates during business hours, 8:00am to 6:00pm local time, Monday through Friday, excluding Holidays.
- 3.Not covered under Support Services are reported defects caused by customer computers, local environments, networks, or third-party software.
1.2 Customer First Line Support Responsibilities
Customer is required to establish and maintain an internal help desk. This includes responsibility for internal network, local hardware, systems software on servers, desktop configuration and support, and basic user questions or problems regarding the features and functions of the Software. Any internal documentation needed to maintain the internal help desk is the Customer’s responsibility. First Line Support requires the Customer to:
- 1.Provide first call response regarding performance, functionality, or operation of the system and Software.
- 2.Attempt to recreate the reported problem.
- 3.Document the reported problem, including, when possible, screenshots and/or detailed descriptions with reproduction steps.
- 4.Document the steps taken by First Line Support to troubleshoot the problem.
- 5.Resolve, when possible, the problems users have reported.
1.3 Remedial Support
Upon receipt by Licensor of notice from Customer through Catalis Support (via phone, email, or through the Customer Support Portal) of an error, defect, or nonconformity in the Software, Licensor shall respond as provided below:
| Service Level | Service Level Definition | Initial Response Time | Resolution |
|---|---|---|---|
| 1 | Production use of the Software is stopped or severely impacted; operation is mission critical and no Circumvention Procedures are available. Support Level 1 issues must be reported via phone. | 2 business hours | 2 business days |
| 2 | Severe loss of service where essential functionality is unavailable, but operations can continue in a restricted fashion or by use of a Circumvention Procedure. Support Level 2 issues must be reported via phone. | 4 business hours | 5 business days |
| 3 | Loss of service where non-essential functionality is unavailable and a workaround is not available. | 2 business days | 25 business days |
| 4 | Loss of service where non-essential functionality is unavailable. The impact is an inconvenience, or a Circumvention Procedure is available. | 2 business days | Within next two version releases |
| 5 | Cosmetic or minor issue that does not impact operation of Software. | 2 business days | Issue may be resolved at Licensor's discretion at a future date |
| 6 | All Feature Requests, usage questions, or requests for training. Also reported problems caused by customer computers, local environments, networks, or third-party software. | 4 business days | These requests are outside the scope of support obligations |
1.3.2
Any technical or other issue for which the Customer requests services, but which is not a Defect or Error, shall be treated as a Feature Request for additional services requiring a Professional Services Work Order. Any nonconformity resulting from Customer's misuse, improper use, alteration, or damage of the Licensed Product shall not be considered a Defect or Error.
1.3.3 Feature Request
- Definition: Functionality that does not currently exist in the Product. These requests are outside the scope of support obligations. The Licensor will include for consideration in future software releases or provide a billable Professional Services Work Order upon request. Customers may request customizations by submitting a request through the Sales department.
1.4 Software Update Services
During the term of this Agreement, Licensor will maintain the Software by providing software updates and enhancements to Customer as the same are offered by Licensor to its licensees of the Software (“Updates”). All software updates and enhancements provided to Customer by Licensor pursuant to the terms of this Agreement shall be subject to the terms and conditions of the Agreement between the parties. Updates will be provided on an as-available basis and include:
- 1.Bug Fixes
- 2.Enhancements to market data service software provided by Licensor to keep current with changes in market data services or as Licensor makes enhancements
- 3.Performance enhancements to Software
Updates do not include:
- 1.Platform extensions including product extensions to different hardware, windowing system, or operating system platforms
- 2.New functions such as new functionality in the market data delivery infrastructure, new market data feeds, new applications, and new presentation tools
Updates will be provided in machine-readable format and updates to related documentation will be provided in soft copy form. All such deliveries shall be made available to Customer at a specific Licensor FTP location. Duplication, distribution, and installation of Updates are the responsibility of Customer. If requested prior to 5:00pm on the current business day, Licensor will provide assistance for the installation of Updates on the next business day.
Licensor will provide support services for previous releases for a minimum period of six (6) months following the general availability of a new release or software update. After this time, Licensor shall have no further responsibility for supporting and maintaining the prior releases.
Licensor assumes no responsibility for the correctness of, performance of, or any resulting incompatibilities with, current or future releases of the Software if Customer has made changes to the system hardware/software configuration or modifications to any supplied source code which affect the performance of the Software and which were made without prior notification and written approval by Licensor. Licensor assumes no responsibility for the operation or performance of any Customer-written or third-party application.
1.5 Services Not Included
Services do not include any of the following:
- Feature requests or custom programming services
- Support of any software that is not Software
- Training
- Out-of-pocket and reasonable expenses, including hardware and related supplies
Services, as described in this section 1.4, if required by Customer, would be executed via approved Professional Services Work Order.
2. Responsibilities
2.1 Customer Responsibilities
- 1.Properly stage all Equipment in the Production and Testing environments at the Customer Provided Network Location(s) specified in section 3.1.
- 2.Arrange for all labor, tools, and test equipment necessary to completely install and test the Equipment at the Customer Provided Network Location(s) specified in section 3.1.
- 3.Provide Licensor with a Customer contact list including names, cell and office phone numbers, and pager numbers if available of key contacts for the routine service and emergency repair of the Equipment at the Customer Provided Network Location(s) specified in section 3.1.
- 4.Make necessary arrangements to work cooperatively with Licensor in the isolation of troubles at the Customer Provided Network Location(s) specified in section 3.1.
- 5.Bear all costs associated with third party vendor efforts in disaster recovery of the Equipment and Covered Software at the Customer Provided Network Location(s) specified in section 3.1.
- 6.Provide Licensor with any necessary agency authorization, such as access badges, as may be required for Licensor to fulfill its obligations under this Service Level Agreement Schedule.
- 7.Report all troubles with the Software as outlined in section 1.
- 8.Request assistance from the Licensor with “First Level Services.”
- 9.Assure proper machine configuration, audit controls, and operating methods.
- 10.Establish adequate backup plans, based on alternate procedures.
- 11.Implement procedures and checkpoints to satisfy requirements for security and accuracy of input and output as well as restart and recovery in the event of a malfunction.
- 12.Customer will be responsible for all hardware, including but not limited to, workstations, servers, IVR equipment, printers, and scanners. Customer will run any Licensor supplied installation files to install any necessary files on a workstation or server that are required to use the Software.
- 13.Customer shall provide notification at least sixty (60) days prior to upgrading or replacing infrastructure that are part of a normal end of life replacement plan that requires the assistance of the Licensor. Upgrades include but are not limited to server upgrade or replacement, IVR upgrade or replacement, test environment or production environment changes. Emergency support due to hardware failures do not require advanced notice. However, emergencies created due to hardware and infrastructure failures fall under Billable Call Maintenance.
2.2 Licensor Responsibilities
- 1.Licensor will provide a central telephone number and email address to be used by Customer to report all troubles, schedule visits, request service, and to request Licensor Technical Support as outlined in sections 1 and 2 of this Schedule.
- 2.Licensor will provide Customer with installation files when necessary that will allow Customer the ability to install any necessary files on a workstation that are required to use the Software.
- 3.Licensor will provide Customer with updates and patches for any defect or enhancement made to the Covered Software even if the defect or enhancement was not reported by Customer.
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