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06
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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011822
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06
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1/13/2022 9:49:59 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
1/18/2022
DESTRUCT DATE
15Y
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Exhibit C <br /> Innovative Interfaces Incorporated <br /> Maintenance and Support <br /> Terms and Conditions <br /> These Maintenance and Support Terms and Conditions("Support Terms")apply to the License Agreement. <br /> Unless otherwise specified,capitalized terms in these Support Terms have the same meaning as those in the GTCs. <br /> The terms set forth herein supplement, but do not replace or modify, the GTCs. <br /> 1. Maintenance and Support. Innovative will offer maintenance and support on the terms set forth herein <br /> ("Maintenance and Support")for the latest generally available version of the Software and for certain earlier versions <br /> in accordance with Innovative's support policy. Standard Maintenance and Support is included with the price for the <br /> annual license set forth in the License Agreement. <br /> 2. Error Response. Error descriptions(each an "Error"),the Error severity levels and corresponding targeted <br /> response time per level are each described in the table below. The Targeted Response Times in the table below <br /> identify the response times that Innovative will target for the corresponding Error, however, such Targeted <br /> Response Times are not guaranteed. <br /> Severity Description Target <br /> Response Time <br /> One-Site Down A major component of the software is in a non-responsive state 1 hour <br /> and severely affects library productivity or operations. A high <br /> impact problem that affects the entire library system. Widespread <br /> system availability, production system is down <br /> Two—Critical Any component failure or loss of functionality not covered in 2 hours <br /> Severity 1 that is hindering operations, such as, but not limited to: <br /> excessively slow response time, functionality degradation; error <br /> messages; backup problems; or issues affecting the use of the <br /> module or the data <br /> Three- High Lesser issues, questions, or items that minimally impact the work 2 business days; <br /> flow or require a work around excludes <br /> holidays and <br /> weekends <br /> Four—Routine Issues, questions, or items that don't impact the work flow. Issues 4 business days; <br /> that can easily be scheduled such as an upgrade or patch excludes <br /> holidays and <br /> weekends <br /> 3. Error Reporting and Diagnosis. <br /> a. Client must designate a representative as the contact that will report Errors to Innovative and be <br /> Innovative's primary contact for the provision of Maintenance and Support pursuant to the terms of this Agreement <br /> (such representative is referred to herein as the"Client Contact").When a Client Contact reports an Error, Innovative <br /> will use commercially reasonable efforts to diagnose the root cause of the Error("Diagnosis"). Upon completing the <br /> Diagnosis, each Error will be classified as either a "Warranty Error" or a"Non-Warranty Error" pursuant to Section <br /> 3.b. below. Innovative will use commercially reasonable efforts to diagnose and repair both Warranty and Non- <br /> Warranty Errors as described below. <br /> b. "Warranty Errors"are all Errors that do not qualify as Non-Warranty Errors. "Non-Warranty Errors" <br /> are Errors resulting from any of the following causes: (i)misuse, improper use, alteration or damage of the Software; <br /> (ii) operator error; (iii) incorrect data entry by Client; (iv) third-party software not part of the Software; (v) errors <br /> and/or limitations attributable to Client environment; (vi) Client's failure to incorporate any New Release previously <br /> provided to it by Innovative which corrects such Error; (vii) modification of the Software performed by Client; and <br /> (viii) technical consulting services provided by Innovative at Client's request (e.g., change orders, integration <br /> development, or configuration design and implementation), unless Client notifies Innovative of such technical <br /> Page 14 of 17 <br />
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