Backline Support. During the term of the Agreement, Marimba shall provide reasonable backline support for the Programs (i.e., support that requires access and manipulation of any part of the Programs' source code) during normal business hours directly to one or more designated support managers of OEM; OEM shall designate at least one support manager within 30 days of the Effective Date. As soon as commercially practical thereafter, such support manager shall attend and pass all courses required to become a Marimba Certified Consultant. Marimba's sole obligation with respect to the Programs or documentation errors will be to use commercially reasonable efforts to correct, at its expense, any reproducible error about which it receives written notice. The obligations contained in this Section 4 are contingent upon proper use of the Programs and shall not apply if the Programs are (i) modified by any party other than Marimba and in Marimba's reasonable judgment such modification caused the error or (ii) used on or with a version of a platform which Marimba does not support at the time of such use. As of the Effective Date, the supported platforms are Microsoft Windows NT, Microsoft Windows 95 and Sun Solaris. Upon termination of this Agreement, at the request of OEM, Marimba shall continue the service set forth in this Section 4.b. at its then standard rates for a period not to exceed 12 months from the date of termination. OEM shall also receive partner support consisting of: (i) access to senior Marimba support engineers, (ii) partner-level priority routing of hotline support inquiries, and (iii) access to the Marimba Partner Knowledge Exchange Program for one senior engineer of OEM. Partner service is provided by Marimba directly to OEM and may not be transferred to an OEM customer or any other party. The Marimba Partner Knowledge Exchange Program permits a senior OEM engineer to spend a designated period of time (not to exceed four (4) weeks) on-site at Marimba working with Marimba's support engineers. All exchanges are subject to Marimba's standard terms for visiting engineers and shall be held at a date and time as mutually agreed upon by the parties; travel, lodging and related expenses are the obligation of OEM. Marimba agrees to continue hotline support for each release of a Program for at least 12 months from release of the successor or replacement.
Backline Support. If a support case requires in-depth programming skill to resolve, the case is then escalated to DARTNet programmers for resolution. In extreme cases where no workaround is available, the pending support request is a mission-critical problem for the customer, and the problem results from a defect in the program, Backline support will provide a program patch to resolve the problem. This level of support is provided at the discretion of DARTNet management and the customer support manager overseeing the particular program.
