To the extent Aspect has become obligated for support and maintenance, the following will apply with respect to softwareProducts so long as they remain Aspect’s standard terms and the Licensee is in full compliance with the Agreement.Capitalized terms not defined in Section 5 below have the same meaning as in Aspect’s standard License and SupportTerms.
Support and Maintenance Services consist of (a) Error Correction andprovided to a single consistent technical support contact concerning the installation and use of the then current release ofa Product and the Previous Sequential Release, (b) Slack Support, (c) E-mail Support, and (d) Product updates that Aspectin its discretion makes generally available to its support and maintenance customers without additional charge.
Aspect shall exercise commercially reasonable efforts to correct any Error reported byLicensee in the current unmodified release of Product in accordance with the priority level reasonably assigned to suchError by Aspect.
If Aspect believes that a problem reported by Licensee may not be due to an Error in a Product, Aspect will so notifyLicensee. At that time, Licensee may (1) instruct Aspect to proceed with problem determination at its possible expenseas set forth below, or (2) instruct Aspect that Licensee does not wish the problem pursued at its possible expense. IfLicensee requests that Aspect proceed with problem determination at its possible expense and Aspect determines that theerror was not due to an Error in the Product, Licensee shall pay Aspect, at Aspect’s then-current and standard consultingrates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith.Licensee shall not be liable for (i) problem determination or repair to the extent problems are due to Errors in the Product;or (ii) work performed under this paragraph in excess of its instructions; or (iii) work performed after Licensee has notifiedAspect that it no longer wishes work on the problem determination to be continued at its possible expense (such noticeshall be deemed given when actually received by Aspect). If Licensee instructs Aspect that it does not wish the problempursued at its possible expense or if such determination requires effort in excess of Licensee’s instructions, Aspect may,at its sole discretion, elect not to investigate the error with no liability therefor.
Aspect shall have no obligation to support: (i) altered or damaged Products or any portion of aProduct incorporated with or into other software; (ii) any Product that is not the then current release or immediatelyPrevious Sequential Release; (iii) Product problems caused by Licensee’s negligence, abuse or misapplication, use ofProducts other than as specified in the Aspect’s user manual or other causes beyond the control of Aspect; or (iv) Productsinstalled on any hardware or system that is not supported by Aspect. Aspect shall have no liability for any changes inLicensee’s hardware or systems which may be necessary to use Products due to a Workaround or maintenance release.
To the extent Licensee is entitled to Premium support: Licensee will be given access toexpanded Aspect contact information, including technical support managers and engineers; Licensee will be assigned anAspect technical support engineer as primary contact during Aspect business hours (PST); and Licensee’s Error reportswill be given priority over Error reports of the same priority level from Basic support customers.
“E-mail support” means ability to make requests for technical support assistance by e-mail at any time (withreasonable efforts by Aspect to respond within one business day) concerning the installation and use of the then currentrelease of a Product and the Previous Sequential Release.
THESE TERMS AND CONDITIONS CONSTITUTE A SERVICE CONTRACT AND NOT A PRODUCTWARRANTY. ALL PRODUCTS AND MATERIALS RELATED THERETO ARE SUBJECT EXCLUSIVELY TOTHE WARRANTIES SET FORTH IN THE AGREEMENT. THIS ATTACHMENT IS AN ADDITIONAL PART OFTHE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT EXCEPTTO THE EXTENT UNAMBIGUOUSLY CONTRARY THERETO.