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3.4 provide you with a copy of all major and minor releases to the Tyler Software (including updates and <br /> enhancements) that we make generally available without additional charge to customers who have a <br /> maintenance and support agreement in effect; and <br /> 3.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with our then- <br /> current release life cycle policy. <br /> 4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support services <br /> remotely. Therefore,you agree to maintain a high-speed internet connection capable of connecting us to your <br /> PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may <br /> reasonably require to perform remote services. We will, at our option, use the secure connection to assist with <br /> proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a <br /> support issue remotely,we may be required to provide onsite services. In such event,we will be responsible for <br /> our travel expenses, unless it is determined that the reason onsite support was required was a reason outside <br /> our control. Either way,you agree to provide us with full and free access to the Tyler Software,working space, <br /> adequate facilities within a reasonable distance from the equipment, and useof machines,attachments, <br /> features,or other equipment reasonably necessary for us to provide the maintenance and support services, all at <br /> no charge to us. We strongly recommend that you also maintain a VPN for backup connectivity purposes. <br /> 5. Hardware and Other Systems. If in the process of diagnosing a software support issue it is discovered that one of <br /> your peripheral systems or other software is the cause of the issue,we will notify you so that you may contact <br /> the support agency for that peripheral system.We cannot support or maintain third party products except as <br /> expressly set forth in the Agreement. <br /> In order for us to provide the highest level of software support,you bear the following responsibility related to <br /> hardware and software: <br /> (a) All infrastructure executing Tyler Software shall be managed by you; <br /> (b) You will maintain support contracts for all non-Tyler software associated with Tyler Software (including <br /> operating systems and database management systems, but excluding Third-Party Software, if any); and <br /> (c) You will perform daily database backups and verify that those backups are successful. <br /> 6. Other Excluded Services. Maintenance and support fees do not include fees for the following services: (a) initial <br /> installation or implementation of the Tyler Software; (b) onsite maintenance and support(unless Tyler cannot <br /> remotely correct a Defect in the Tyler Software,as set forth above); (c) application design; (d)other consulting <br /> services; (e) maintenance and support of an operating system or hardware; (f) support outside our established <br /> support hours; or(g) installation,training services,or third party product costs related to a new release. <br /> Requested maintenance and support services such as those outlined in this section will be billed to you on a time <br /> and materials basis at our then current rates. You must request those services with at least one (1)weeks' <br /> advance notice. <br /> 7. Current Support Call Process. Our current Support Call Process for the Tyler Software is provided Schedule A to <br /> Exhibit 1. <br />