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of the Covered Software degrades substantially under reasonable loads, such that there is a <br />severe impact on use, the Covered Software is usable but materially incomplete, one or more <br />mainline functions or commands is inoperable or the use is otherwise significantly impacted. <br />RESPONSE: The Vendor will provide a response by a qualified member of its staff to begin to <br />diagnose and correct a Severity 2 problem as soon as reasonably possible, but in any event, a <br />response via the telephone will be provided within four (4) hours. The Vendor will exercise its <br />best efforts to resolve Severity 2 problems within five (5) days. The resolution will be delivered <br />to the City in the same format as Severity 1 problems. If the Vendor delivers an acceptable <br />work-around for a Severity 2 problem, the severity classification will drop to a Severity 3. <br />3. Severity 3 Produces an inconvenient situation in which the Covered Software in usable, but <br />does not provide a function in the most convenient or expeditious manner and the user suffers <br />little or no significant impact. <br />RESPONSE: The Vendor will exercise its best efforts to resolve Severity 3 problems in the <br />next maintenance release. <br />4. Severity 4: Produces a noticeable situation in which the use is affected in some way, which <br />is reasonably correctable by a documentation change or by a future, regular release from the <br />Vendor. <br />RESPONSE: The Vendor will provide, as agreed between the parties, a fix or fixes for Severity <br />4 problems in future maintenance releases. <br />Upgrades and Enhancements <br />The Vendor maintenance contract provides the City with all bug fixes and major/minor software <br />updates throughout the life of the Agreement. The City will never have to re-buy the software. <br />Additionally, the maintenance agreement spells out the "no-change-order" policy. This policy is <br />in place so that any change the City desires to make, to any piece of the System, at any time, will <br />not cost the City any additional money. These changes can be made either by the Vendor or by <br />the City staff using the BuildIT Toolset. <br />If for any reason, the City decides not to receive the automatic updates, the Vendor will support <br />up to two versions back. If the software becomes older than two versions, there will be an <br />additional cost to "catch-up" the software if the automatic updating process cannot run <br />unattended. <br />The standard warranty period for covered software is one year, based upon the maintenance <br />agreement, but the Vendor will extend that period at the City's request. The software license <br />agreement and maintenance agreements will follow the term established in the Master <br />Agreement and will automatically renew unless terminated b the City. <br />Brazos Technology, Hand Held Ticket Writer System Agreement <br />41