SLA and Support Policy

1. Support.  H2O will provide support comprising: (a) Error Correction and email Support provided to up to four (4) technical support contacts for the installation and use of the then-current release of the Software and the Previous Sequential Release, (b) E-mail Support, (c) Web Support, (d) Software maintenance updates that H2O in its discretion makes generally available to its Support customers without additional charge. Telephone support will be expanded to 24 hours; Customer will be given access to expanded support contact information, including technical support managers and engineers; Customer will be assigned technical support engineer(s) as primary contact(s) 24x7; and Customer’s Error reports will be given priority over Error reports of the same priority level from Basic Support customers.

2. Error Priority Levels.  H2O shall respond to any Error reported by Customer under the priority level reasonably assigned by Customer. If H2O disputes the priority level, the parties agree to promptly and diligently discuss the dispute in good faith.  The response process for all Priority Levels will be as follows:  (i) H2O will verify the Error; (ii) if verified, H2O engineers will be assigned to correct the Error; (iii) H2O management will be notified that such Error has been reported and the steps being taken to correct such Error; and (iv) Customer will be provided with periodic reports on the status of the remediation process.  

3. Silver, Gold and Platinum Support are the three levels of support offered for each Priority Level as follows:

If H2O believes that a problem reported by Customer may not be due to an Error in the Software, H2O will investigate the problem as part of the Support. If H2O’s investigation reveals the problem is not an Error, H2O will notify Customer with an estimate of fees required to fix the problem.  Customer may (1) instruct H2O to fix the problem at Customer’s expense or (2) instruct H2O that Customer does not wish the problem fixed. If Customer requests that H2O proceed with a fix at its expense, the parties will execute a statement of work to cover such services. Customer shall not be liable for problem determination or repair to the extent problems are due to Errors in the Software.

4. Exclusions.  H2O shall have no obligation to support: (i) altered or damaged Software; (ii) Software problems caused by Customer’s negligence, abuse or misapplication, use of Software other than as specified in H2O’s Documentation; (iii) Software installed on any hardware not supported by H2O; or (iv) third party products not provided by H2O.  H2O shall have no liability for any changes in Customer’s hardware which may be necessary to use Software due to a Workaround or maintenance release. H2O will have no obligation to support any Software other than the then-current major release (x.0) and the Previous Sequential Release; provided that H2O will support a Previous Sequential Release for not less than 18 months from when that Previous Sequential Release is no longer current.

5. Definitions

• “E-mail support” means ability to make requests for technical support assistance by e-mail (with reasonable efforts by H2O to respond within one hour) about the installation and use of the then release of the Software and the Previous Sequential Release, or questions relating to operating H2O’s products generally, including development related questions and issues.
• “Error” means an error in the Software that causes such Software to not conform to H2O’s published performance specifications, or that results in an inability to use, or material restriction in using, the Software (whether or not published specifications exist).
• “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 the Software or documentation to remedy an Error.
• “Previous Sequential Release” means a major release of the Software replaced by a later major release of the same Software.  Notwithstanding anything else, a Previous Sequential Release will be supported by H2O under the terms of this Exhibit for a period of no less than six (6) months after release of the later release.
• “Priority 1 Error” means an Error which renders the production instance of the Software inoperative or severely affected across most features and functions.
• “Priority 2 Error” means an Error which substantially degrades the performance of a material feature or function of the production instance of the Software (or its critical components).
• “Priority 3 Error” means an Error which causes a minor impact on a material feature or function of the Software.
• “Priority 4 Error” means an Error which causes a minor impact on a non-material feature or function of the Software.
• “Telephone Support” means technical support telephone assistance (24 hours for Premium support) about the installation and use of the then release of the Software and the Previous Sequential Release.
• “Web Support” means information available on the World Wide Web, including 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 the Software.