BOMGAR SOFTWARE MAINTENANCE SERVICES
A. Defined Terms. Unless otherwise defined herein, defined terms shall have the meaning in the applicable Bomgar Software End User License Agreement.
B. Scope of Maintenance Services. Unless otherwise provided in a Customer Services Plan between Licensor and Customer, the Maintenance Services will include the following: (i) access to the current online and print Documentation; (ii) on a periodic basis, Licensor may provide available Upgrades to the Software as they are available; (iii) Licensor shall maintain telephone number(s) which designated employees of Customer may use to obtain information regarding the operation of the Software and/or Hardware during times specified by Licensor which are currently 7:00 a.m. - 7:00 p.m. C.S.T.; (iv) Licensor shall correct errors in the Software, and/or repair or replace (as Licensor determines in its discretion) defective Hardware unless it is determined that one of the following events has occurred; (A) Customer fails to provide written notice to Licensor within twenty (20) days of any defect in the Software and/or Hardware, as applicable; (B) Customer modifies or attempts to modify the Software and/or Hardware, as applicable; or (C) the Software and/or Hardware is operated under improper or unsafe environmental conditions or subjected to improper use, including, but not limited to, use by untrained operators. Any repairs or corrections for difficulties or defects necessitated and traceable to Customer's errors or Software or Hardware changes by Customer, including but not limited to the above, shall not be included as Maintenance Services, but rather shall be billed to Customer at Licensor's normal hourly rate then existing for such services. In the event of a Hardware failure not excluded under this section, Licensor may make available to Customer a temporary access license to Licensor's hosted Software service for purposes continuity while Customer's Hardware is being repaired or replaced.
C. Limitations. Maintenance Services do not include onsite service visits by Licensor at Customer's location. Licensor may perform services other than the Maintenance Service(s) as requested and approved by Customer. In exchange for such additional services, Customer agrees to pay Licensor its normal hourly rates then existing for such services. In addition to the hourly rates, Customer shall reimburse Licensor for shipping, travel, living, and out-of-pocket expenses reasonably incurred in conjunction with the rendering of additional services hereunder.
Bomgar Corporation reserves the right to alter, modify, revise, and/or update this link and/or the scope of maintenance services in its discretion.