Voxel51 Enterprise Support and Maintenance Terms

These Voxel51 Enterprise Support and Maintenance Terms (the “Support Terms”) apply to any customer (“Customer”) who is entitled to receive support services from Voxel51, Inc. (“Voxel51”) for specific Voxel51 product(s) and/or service(s) (the “Service”) pursuant to a written agreement between Customer and Voxel51 (an “Agreement”). Customer is not entitled to Enterprise support unless Customer has ordered and paid for Enterprise support as provided in the Agreement. To the extent Voxel51 has become obligated for support and maintenance, the following will apply with respect to Services so long as they remain Voxel51’s standard terms for Enterprise support and the Customer is in full compliance with the Agreement.

1. Voxel51 Standard Support and Maintenance Terms. Customer is entitled to receive all Terms provided in Voxel51’s then-current Standard Support and Maintenance Terms, the current version of which is enclosed and hereby incorporated by reference (the “Standard Terms”), as well as the Support and Maintenance Services described in this Support Terms (and in the event of any conflict or inconsistency between these Support Terms and the Standard Terms, these Support Terms shall control).
2. Support and Maintenance Services. Support and Maintenance Services consist of using reasonable efforts to provide (a) Error Correction and Telephone Support provided to a single consistent technical support contact concerning the installation and use of the then current release of a Service and the Previous Sequential Release, (b) Chat/E-mail Support, (c) Web Support, and (d) Service updates that Voxel51 in its discretion makes generally available to its support and maintenance customers without additional charge (collectively, “Support”).
3. Error Priority Levels. Voxel51 shall exercise commercially reasonable efforts to correct any Error reported by Customer in the current unmodified release of Service in accordance with the priority level assigned to such Error by Voxel51 (in Voxel51’s sole and absolute discretion).
   Priority 1 Errors – Voxel51 shall respond within 10 Business Hours and promptly commence the following procedures: (i) assign Voxel51 engineers to correct the Error; (ii) notify Voxel51 management that such Errors have been reported and of steps being taken to correct such Error(s); (iii) provide Customer with periodic reports on the status of the corrections; and (iv) initiate work to provide Customer with a Workaround or Fix.
   Priority 2 Errors – Voxel51 shall respond in 15 Business Hours and promptly commence the following procedures: (i) assign Voxel51 engineers to correct the Error; (ii) provide Customer with periodic reports on the status of the corrections; and (iii) initiate work to provide Customer with a Workaround or Fix.
   Priority 3 Errors – Voxel51 shall respond in 30 Business Hours and promptly commence the following procedures: (i) assign Voxel51 engineers to correct the Error; (ii) provide Customer with periodic reports on the status of the corrections; and (iii) initiate work to provide Customer with a Workaround or Fix.
   Priority 4 Errors – Voxel51 will use reasonable efforts to acknowledge Customer’s problem report and commence reasonably efforts to supply a Fix for the Error.
   If Voxel51 believes that a problem reported by Customer may not be due to an Error in a Service, Voxel51 will so notify Customer. At that time, Customer may (1) instruct Voxel51 to proceed with problem determination at its possible expense as set forth below, or (2) instruct Voxel51 that Customer does not wish the problem pursued at its possible expense. If Customer requests that Voxel51 proceed with problem determination at its possible expense and Voxel51 determines that the error was not due to an Error in the Service, Customer shall pay Voxel51, at Voxel51’s then-current and standard consulting rates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith. Customer shall not be liable for (i) problem determination or repair to the extent problems are due to Errors in the Service; or (ii) work performed under this paragraph in excess of its instructions; or (iii) work performed after Customer has notified Voxel51 that it no longer wishes work on the problem determination to be continued at its possible expense (such notice shall be deemed given when actually received by Voxel51). If Customer instructs Voxel51 that it does not wish the problem pursued at its possible expense or if such determination requires effort in excess of Customer’s instructions, Voxel51 may, at its sole discretion, elect not to investigate the error with no liability therefor.
4. Exclusions. Voxel51 shall have no obligation to support: (i) altered or damaged Services or any portion of a Service incorporated with or into other software and/or hardware; (ii) any Service that is not the then current release or immediately Previous Sequential Release; (iii) Service problems caused by Customer’s negligence, abuse or misapplication, use of Services other than as specified in Voxel51’s user manual or other causes beyond the control of Voxel51; (iv) Services installed on or used from any hardware or software that is not supported by Voxel51; or (v) third party products not provided by Voxel51. Voxel51 shall have no liability for any changes in Customer’s hardware which may be necessary to use Services due to a Workaround or maintenance release.
5. Definitions.
   “Business Hours” means the hours during which Voxel51 makes Telephone Support available on its regular business days.
   “E-mail support” means ability to make requests for technical support assistance by e-mail, including automated reply and/or ticketing generation, at any time (with reasonable efforts by Voxel51 to respond within one business day) concerning the installation and use of the then current release of a Service and the Previous Sequential Release.
   “Error” means an error in a Service which significantly degrades such Service as compared to Voxel51’s published performance specifications.
   “Error Correction” means the use of reasonable commercial efforts to correct Errors.
   “Fix” means the repair or replacement of object or executable code versions of a Service or documentation to remedy an Error.
   “Previous Sequential Release” means the release of a Service which has been replaced by a subsequent release of the same Service. Notwithstanding anything else, a Previous Sequential Release will be supported by Voxel51 only for a period of twelve (12) months after release of the subsequent release.
   “Priority 1 Error” means an Error which causes Customer’s production use of the Service to be stopped, or so severely impacted that Customer cannot reasonably continue use of the Services.
   “Priority 2 Error” means an Error which causes important Service features to be unavailable with no acceptable Workaround, but Customer’s production use is continuing.
   “Priority 3 Error” means an Error which causes important Service features to be unavailable, but a Workaround is available, or less significant Service features to be unavailable with no reasonable Workaround, but Customer’s production use is continuing.
   “Priority 4 Error” means any Error which is not a Priority 1 Error, Priority 2 Error, or Priority 3 Error.
   “Telephone Support” means technical support telephone assistance between 8:00AM and 6:00PM Eastern Time on Voxel51’s regular business days concerning the installation and use of the then current release of a Service and the Previous Sequential Release.
   “Web Support” means information available on the World Wide Web, including access to product and support forums, frequently asked questions, product documentation and bug reporting.
   “Workaround” means a change in the procedures followed or data supplied by Customer to avoid an Error without substantially impairing Customer’s use of a Service.

THESE TERMS AND CONDITIONS CONSTITUTE A SERVICE CONTRACT AND NOT A PRODUCT WARRANTY. ALL SERVICES AND MATERIALS RELATED THERETO ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE AGREEMENT. THIS ATTACHMENT IS AN ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT EXCEPT TO THE EXTENT UNAMBIGUOUSLY CONTRARY THERETO.