The Middleware Associates (hereafter MA) Annual Service Level Agreement (hereafter ASLA) includes remote support via Virtual Private Network connection. The support covers software and controller firmware support as well as Advanced Replacement of hardware controllers that were purchased through MA. The ASLA does not include major software upgrades that have new features e.g 3.1.x to 3.2.x. For this type of software upgrade there is a one time software upgrade fee.
Following the first year of software purchase, the ASLA is a proactive support service billed in advance per reader license with a minimum price of $500 per annum. The license count is based on the number of readers licensed in the license file. The license count is not based on the number or readers you have configured.
MA shall establish and maintain an organization and process to provide support direct to the end user. Support shall include
- detailed documentation of the problem or performance deficiency reported
- online remote troubleshooting to find root cause via VPN connection
- detailed documentation of the resolution to the problem via email
RESPONSE TIME AND SEVERITY OF PROBLEM
MA is located in Eastern Standard Time (GMT – 5h). Regular business hours are from 8:00 AM to 5:00 PM Monday through Friday. Problems shall be reported via email communication any time of day, 24 hours a day, 7 days a week, including holidays. With this ASLA the response time is guaranteed to be within 24 hours and in most cases less than 8 hours.
SEVERITY 1 CRITICAL BUSINESS IMPACT
The impact of the reported deficiency is such that the company operations is halted or severely impacted to a point where business revenue is negatively impacted. Example of Critical Business Impact: doors are locked and cardholders cannot freely move throughout the building. MA will commence work on resolving the problem within one (1) hour of email receipt and will engage staff beyond normal business hours until an acceptable resolution is achieved.
SEVERITY 2 SIGNIFICANT BUSINESS IMPACT
Important features of the Software are not working properly and there are no acceptable, alternative solutions. While other areas of the Software are not impacted, the reported deficiency has created a significant, negative impact on the end user’s productivity. Example: doors that are scheduled to open at pre-defined times are not opening. MA will commence work on resolving the deficiency within 2 hours of email receipt and will engage staff beyond normal business hours until an acceptable resolution is achieved.
SEVERITY 3 SOME BUSINESS IMPACT
Important features of the Software are unavailable, but an alternative solution is available or non-essential features of the Software are unavailable with no alternative solution. The customer impact, regardless of product usage, is minimal loss of operational functionality or implementation resources. MA will commence work on resolving the deficiency within (4) hours of email receipt and will engage staff during business hours until an acceptable resolution is achieved.
SEVERITY 4 MINIMAL BUSINESS IMPACT
Customer submits a suspected software bug, has a feature request or software enhancement request, none of which has operational impact on the system. The implementation or use of the Software by the end user is continuing and there is no negative impact on productivity. MA will provide an initial response regarding the request within one (1) business week of email receipt.
THIS SERVICE LEVEL AGREEMENT COVERS
- Remote installation of same version software upgrades e.g. 3.2.100 to 3.2.200
- Remote installation of controller firmware upgrades
- Resolution of device service communication issues
- Advanced replacement of defective devices
- Configuration of devices via device web servers
- Data import and export
- Setup of additional client software purchased
- Setup of Access Metrics Modules purchased (does not include programming of any kind for API web service)
THIS SERVICE LEVEL AGREEMENT DOES NOT COVER THE FOLLOWING
- Major Software Version Upgrades e.g. from version 3.2.x to 3.3.x would not be covered
- Customer’s network configuration or set up including SQL Server Native Client
- Documentation of software specifications
- Custom Software Development
- Custom enclosure circuitry
- Onsite inspection or audit of security system
- Regular System Administration
- Project Management
- Onsite replacement or repair of security hardware
- Troubleshooting Door Hardware including magnetic locks, door sensors and request to exist devices
- Set up of Microsoft® SQL native client and/or network domain settings for application client connection purchased through MA.
End User Requirements
- A broadband Internet connection
- Allow MA to remotely connect to the application server or PC via commercial VPN software or customer’s private remote connection. If this is not acceptable, the customer shall provide MA with a private VPN connection when necessary for remote connection.
- Admin access to the Access Metric™ application server, the associated SQL Server database and controller devices.
PLEASE NOTE THAT THIS SUPPORT AGREEMENT IS FOR REMOTE SUPPORT ONLY. IF THE CUSTOMER PREFERS THAT WE COME ONSITE THEN WE CHARGE OUR STANDARD PER DIEM RATE TO COVER TRAVEL COSTS.
(a) Each party acknowledges that it has read this Agreement; they understand the agreement and agree to be bound by its terms. Further, both parties agree that this is the complete and exclusive statement of the ASLA between the parties, which supersedes and merges all prior proposals, understandings and all other support agreements, oral and written, between the parties relating to this Agreement. This Agreement may not be modified or altered except by written instrument duly executed by both parties. The Software and the use thereof are subject to the license agreement related to the Software. (b) MA performance under this agreement may be postponed or affected due to causes beyond reasonable control or acts of nature. (c) This agreement and performance hereunder shall be governed by the laws of the State of Florida. Venue shall be in Palm Beach County, Florida. (d) Any claimed breach of Agreement brought forth by the End User, regardless of form, must be documented and presented to MA while this Agreement is active. (e) If any provision of this Agreement is invalid under applicable statute or rule of law, it is to that extent deemed to be omitted. (f) End User may not assign or sub-license without the prior written consent of MA, End User’s rights, duties or obligations under this Agreement to any person or entity, in whole or in part. A sale of substantially all of Licensee’s assets to a third party or any transfer of more than 50% of the voting stock of Licensee to a third party shall not constitute an assignment under this license. (h) A Customer Software problem shall be documented with as much detail as possible and sent to email@example.com. (i) This agreement does not offer any guarantees or warranties on software and by no means does this agreement place any liability on MA for any loss whatsoever.