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<br /> <br />Rev. 06022016 2 of 13 <br />providing Tier II support are responsible for: helping Tier I customer care specialist <br />solve basic use problems, for handling basic technical issues, for investigating <br />escalated issues by confirming the validity of the reported issue and identifying <br />known solutions related to these more complex issues. If an issue is new and/or <br />the assigned technician cannot determine a solution, they are responsible for <br />escalating this issue to the Tier III technical support group. <br /> <br />Tier III: This is the highest level of technical support and is provided by <br />manufacturer technicians with extensive experience and knowledge of the product <br />for handling the most difficult and advanced problems. Often the Tier III technical <br />support group includes the staff that developed and tested the product. <br /> <br />3. PROPRIETARY PROPERTY <br /> <br />All software development, design, documentation, and programs necessary to operate and <br />maintain the systems described herein that were produced by shall remain the <br />proprietary property of . Restriction of this proprietary property does not limit the <br />Customer from making such copies of programs, documentation, and software -related <br />materials for internal use. Disclosure of such materials to third parties or other contractors <br />is strictly forbidden without the express written consent of . <br /> <br />4. CUSTOMER RESPONSIBILITY FOR ENVIRONMENT <br /> <br /> To operate the supported software, will provide Customer with a definition of <br />minimum requirements for the Customer’s environment, infrastructure and related <br />applications, which include, but are not limited to, Customer’s operating system, database <br />tools, and other support tools. will provide Customer with at least ninety (90) days <br />written notice of changes to those minimum requirements . Customer must meet those <br />minimum requirements or may decline to provide Maintenance. has no <br />obligations to upgrade the suppor ted software because of Customer’s changes to its <br />environment, infrastructure and related applications, including, but are not limited to, <br />Customer’s operating system, database tools and other supported tools. <br /> <br />5. SOFTWARE MAINTENANCE FEE – PAID UP LICENSE <br /> <br />In consideration of the Maintenance services to be provided for the initial term, Customer <br />shall pay to in accordance with the Software Maintenance Fee Schedule attached <br />hereto as Schedule 1. For each Subsequent Term, reserves the right to change <br />the annual Maintenance fee by providing Customer written notice of the increase at least <br />forty-five (45) days prior to start date for any Subsequent Term. <br /> <br />6. ADDITIONAL SOFTWARE – PAID UP LICENSE <br /> <br />In the event the Customer requires maintenance for additional Software ("Additional <br />Software"), the parties may mutually agree to modify this Agreement to include the Additional <br />Software on Schedule 1 and make any other changes necessary for coverage of the <br />Additional Software hereunder. The Software Maintenance Fee due under this Agreement <br />shall also be modified to include a prorated amount of the annual maintenance fee for the <br />Additional Software covering the term remaining under then current term of this Agreement . <br />The Maintenance Fee for this initial period of coverage shall be in an amount equal to twenty <br />two percent (22%) of the non-discounted license fee paid for the Additional Software . For <br />the first Subsequent Term, the amount due for the Additional Software shal l be of the full <br />value of the 22% of the non-discounted cost of the license fee. Thereafter, any change in <br />the amount of annual Maintenance Fee due shall be provided as set out in this Agreement <br />