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<br /> <br />Rev. 06022016 1 of 13 <br /> <br />SOFTWARE MAINTENANCE AGREEMENT <br /> <br /> <br />This Software Maintenance Agreement ("Agreement") is entered into as of the ___ day of <br />__________, 20____ ("Effective Date”) by and between CourtView Justice Solutions Inc. d/b/a <br />, with offices at 4825 Higbee Avenue NW, Suite 101, Canton, Ohio 44718 (“”), <br />and Kittitas County Prosecutor’s Office with offices at 205 West 5th Ave, Room 213, Ellensburg, <br />WA 98926 (“Customer”), and describes the terms and conditions pursuant to which shall <br />provide software maintenance services to Customer for certain Software (as defined below). <br /> <br />Whereas, and Customer are parties to a Software License Agreement pursuant to which <br />Customer has licensed certain software products (“Software”) fr om . Software expressly <br />excludes software licensed by a third party ; <br /> <br />Whereas, the Software paid-up license fee includes a warranty without charge as set forth in the <br />Software License Agreement. In addition, support and maintenance (“Maintenance”) for the <br />Software is available. Maintenance includes bug fixes and telephone support and may include, if <br />they are made available by , software updates and enhancements; and <br /> <br />Whereas, the parties wish to set forth the terms and conditions upon which the parties have agreed <br />Maintenance will be provided to the Customer for the Software, and to which the Customer, at its <br />option, may subscribe annually to Maintenance from . Except as expressly provided in <br />this Agreement, does not provide Maintenance for third party software that is lice nsed by <br />a party other than . <br /> <br />Therefore intending to be legally bound, the parties hereby mutually agree to the following terms: <br /> <br />1. TERM <br /> <br />Maintenance shall commence on the Effective Date, and shall have an initial term of twelve <br />(12) months (“Initial Term”). The term shall automatically renew each year thereafter on the <br />anniversary of the Effective Date for an additional twelve (12) month period (“Subsequent <br />Term”) unless terminated as set forth below. <br /> <br />2. SCOPE OF MAINTENANCE SERVICES <br /> <br /> will provide the Maintenance as described in the Maintenance Terms attached <br />hereto and labeled as Exhibit A. <br /> <br /> will provide tier one support for third party software purchased from , tier <br />two and three support and revisions and upgrades will be provided by the manufacturer of <br />such third party software. Tier one, tier two and tier three support is defined as: <br /> <br />Tier I: Is the initial support level responsible for basic customer reporte d issues. It <br />is synonymous with first line support and denotes use support. A Tier I () <br />customer care specialist will gather the customer’s information and determine the <br />customer’s issue by analyzing the symptoms and will attempt to identify the root <br />cause of the underlying problem. If the root cause is a basic use issue the <br />assigned customer care specialist will attempt to remediate the issue before <br />escalating the issue to a higher level. If the reported issue is a technical issue the <br />assigned customer care specialist will escalate the issue to a higher level. <br /> <br />Tier II: This is a more in-depth technical support level provided by personnel with <br />additional experience and knowledge of the product. Manufacturer technicians