Infinio Systems, Inc. Maintenance Terms & Conditions

This Infinio Systems, Inc. Maintenance Terms & Conditions relates to and is incorporated into the End User License Agreement (the “EULA”) between Infinio and you (“Licensee”). Capitalized terms not specifically defined below have the same meaning as in the EULA.

1. Definitions
  • “Bug(s)” means a reproducible malfunction of the Product reported to Infinio by Licensee that prevents the Product from performing in accordance with the operating specifications described in the then current Documentation.
  • “Business Day” means eight consecutive Business Hours.
  • “Business Hour” means one hour of elapsed time during Standard Business Hours.
  •  “Documentation” means the technical information published by Infinio on its public website (located at http://www.infinio.com/) or within the Infinio customer portal, accessible by Licensee via the Infinio public website.  Notwithstanding the foregoing, in no case does Documentation mean or make reference to a guaranteed cache hit rate figure.
  • “Escalation Procedures” means those procedures set forth in Section 2.5 below designed to address Licensee’s service requests.
  • “Maintenance Contract” means an agreement between Infinio and Licensee pursuant to which Infinio provides the services described in this document for the period of time and for the number of CPU sockets specified at the time of purchase of such Maintenance Contract, subject to the terms set forth herein.
  • “Major Functional Release” means a new version of a Product that introduces substantial new functionality or other substantial changes, and is usually indicated by a change in the first digit of a version number, e.g. from 4.0.0 to 5.0.0.
  • “Minor Functional Release” means a new release of a Product containing minor changes, including changes made for purposes of maintaining interoperability, minor feature enhancements, or implementing error corrections, and is usually indicated by a change in the second digit, e.g. from 4.0.0 to 4.1.0.
  • “Patch Release” means a release containing one or more specific error corrections, and is usually indicated by a change in the third digit of a version number, e.g. from 5.0.1 to 5.0.2. Patch Releases are provided as needed in response to Licensee inquiry.
  • “Priority 1” means enterprise critical, and means a condition exists that causes the Product to fail to function, in one or more material and critical aspect(s), according to the Documentation, that prevents Licensee from conducting critical and primary business functions in a production environment.
  • “Priority 2” means a severe impact, and means a condition exists that causes the Product to fail to function according to the Documentation and that makes the continued use of one or more critical functions of the Product inoperable or that causes Product inconsistency that significantly decreases Licensee productivity in such a manner that it adversely affects Licensee’s ability to conduct business in a production environment.
  • “Priority 3” means degraded operations and means a reproducible limited condition that causes a slight or non-critical failure of the Product to function according to the Documentation in a production environment.
  • “Priority 4” means minimal impact and means a minor problem or error(s) in the Documentation, or a desired change in the Product which can be easily circumvented or avoided.
  • “Product” means the Software licensed to you pursuant to the EULA and the applicable Order Form.
  • “Standard Business Hours” means 9:00 am to 5:00 pm Eastern Time, except weekends and Infinio designated holidays.
  • “Updates” means new releases of the Product, including Patch Releases, Minor Functional Releases and Major Functional Releases.
2. Maintenance Services

In consideration for the fees paid at the time of purchasing the Maintenance Contract, and so long as Licensee remains in compliance with Section 3 of this agreement, Infinio will provide the following Maintenance Services:

2.1 Technical Support. For issues that are not Priority 1, during Standard Business Hours Infinio shall provide Licensee technical support services for the installation and use of the Product, the identification of Product and/or Documentation problems, and the reporting of Bugs.  Infinio shall also provide 24x7 access to Infinio’s technical support personnel for action on Licensee’s Priority 1 support requests. The priority level of any service request is determined by Infinio based on information submitted by Licensee. Over the course of resolving a service request, priority level is subject to change.

2.2 Product Updates. Infinio will timely notify Licensee of the availability of Updates via email or other mutually agreeable methods.  Infinio will make available to Licensee each new Minor Functional Release and Major Functional Release of the Product. Patch Releases are made available upon Licensee request. These releases are made commercially available without additional charge to Licensee and are intended to replace a prior Product release. Infinio may, at its discretion, make interim fixes, patches or other temporary fixes available to Licensee.  Notwithstanding the foregoing, Infinio does not make available Product releases prior to the latest release as part of the Maintenance Services.  Infinio may, in its discretion, make available prior releases of a Product to Licensee upon request.

2.3 Bug Fixes. Infinio shall exercise commercially reasonable efforts to correct any Bugs, which efforts include but are not limited to Escalation Procedures as defined in 2.5.

2.4 Response time, reporting intervals, escalation resources and timing. After Licensee has submitted a request for technical support services, Infinio shall:

(i) exercise commercially reasonable efforts to determine the priority level of the issue and provide an initial response to Licensee’s request for technical support within the response times shown in the tables below;

(ii) at a minimum, maintain telephone contact providing progress reports in accordance with the reporting interval times shown in the table below. Additionally, Infinio will maintain contact with Licensee as mutually agreed; and

(iii) escalate issues internally in accordance with the general Escalation Procedures in 2.5, in the specific time intervals and using the specific resources outlined in the table below, if, and so long as, the issue remains unresolved.

Priority

Initial Response Time

Reporting Interval

Escalation Resources & Timing

1

Within 2 hours after Infinio receives Licensee’s request, 24 hours a day 7 days a week

Twice per day

Within 2 hours after initial response: On-call product engineering resource is assigned to assist support representative towards disposition as necessary.
 
Within 4 hours after initial response: Support management is notified and senior engineering resources are assigned as necessary.
 
Within 8 hours after initial response: Senior Management is notified. Account added to executive account review list.
 

2

Within 2 Business Hours after Infinio receives Licensee’s request

Once per Business Day

Within 2 Business Hours after initial response: On-call product engineering resource is assigned to assist support representative towards disposition as necessary.
 
Within 4 Business Hours after initial response: Support management is notified and senior engineering resources are assigned as necessary.
 
Within 1 Business Day after initial response: Senior Management is notified. Account added to executive account review list.
 

3

Within 1 Business Day after Infinio receives Licensee's request

Weekly

At Infinio’s discretion

4

Within 5 Business Days after Infinio receives Licensee's request

As necessary at Infinio’s discretion

At Infinio’s discretion

 

2.5 Escalation Procedures.

The following process defines the steps and actions towards problem resolution for technical support requests.

Problem Disposition

Step 1: Licensee contacts Infinio by submitting a technical support request;
Step 2: Infinio logs the technical support request into Infinio’s call tracking system for processing and assigns priority level based on information provided by Licensee;
Step 3: All Bugs are logged into Infinio’s bug tracking system as necessary.
Step 4: Infinio’s resolution efforts on the Bug begin within the targets set forth above.

Appropriate personnel in Infinio’s Quality Assurance (“QA”) and Product Development (“PD”) departments shall commence work to:

  • Evaluate workaround options;
  • Understand complexity of a Bug fix;
  • Determine and allocate necessary resources; and
  • Confirm plan of action.

For any Priority 1 or Priority 2 issue, Infinio will continue to work with Licensee on the issue until an appropriate resolution is in place.

2.6 Disclaimer.  Licensee acknowledges that performance of the Product will vary depending on a number of factors, including without limitation the Licensee’s specific environment.  For clarity and without limitation, Infinio makes no warranty or guarantee as to any specific performance levels that will be attained by the Product or as to the Services.

2.7 Supported Versions.  Support is provided for the current Major Functional Release and subsequent Minor Functional Releases and the immediately prior sequential Major Functional Release and its subsequent Minor Functional Releases. Support is not provided for any Product that has been modified by any party other than Infinio or Infinio’s authorized agent.

3. Licensee Compliance.

For Licensee to receive benefits of the services offered under this agreement, ALL sockets for which Licensee has purchased software licenses must be under an active, unexpired Maintenance Contract. For the avoidance of doubt, this means if Licensee has purchased software licenses to some number of sockets (“X”) and Licensee only has active Maintenance Contracts for a different number of sockets (“Y”) such that Y is less than X, Infinio shall have no obligation to provide any of the services outlined in this document for any Infinio software deployed in Licensee’s environment.

If Licensee does not renew a Maintenance Contract for any term and desires to reestablish Maintenance Services, then Infinio may re-enroll Licensee upon payment to Infinio of the then-applicable annual fee plus the fees which would have been due, calculated using current list prices, had the customer remained enrolled during the lapse period, plus any applicable service reestablishment fees.