Common use of Scope of Service Coverage Clause in Contracts

Scope of Service Coverage. 1) Contractor shall provide Support Services and provide Upgrades during the term of this Maintenance Agreement for the Software. 2) During the term of this Maintenance Agreement, Contractor will furnish Error, Defect or Malfunction correction in accordance with the Priority Categories listed below, based on the City's determination of the severity of the Error, Defect or Malfunction and Contractor's reasonable analysis of the priority of the Error, Defect or Malfunction. a) Priority 1: An Error, Defect or Malfunction which renders the Software inoperative; or causes the Software to fail catastrophically. b) Priority 2: An Error, Defect or Malfunction which substantially degrades the performance of the Software, but does not prohibit the City’s use of the Software. c) Priority 3: An Error, Defect or Malfunction which causes only a minor impact on the use of the Software. 3) Contractor will furnish Error, Defect or Malfunction correction in accordance with the following protocols: a) Priority 1 Protocol: Within two hours, Contractor assigns a product technical specialist(s) to diagnose and correct the Error, Defect or Malfunction; thereafter, Contractor shall provide ongoing communication about the status of the correction; shall proceed to immediately provide a Fix, a Patch or a Workaround; and exercise all commercially reasonable efforts to include a Fix or Patch for the Error, Defect or Malfunction in the next Subsequent Release. Contractor will escalate resolution of the problem to personnel with successively higher levels of technical expertise until the Error, Defect or Malfunction is corrected. b) Priority 2 Protocol: Within four hours, Contractor assigns a product technical specialist(s) to diagnose the Error, Defect or Malfunction and to commence correction of the Error, Defect or Malfunction; to immediately provide a Workaround; to provide escalation procedures as reasonably determined by Contractor's staff; and to exercise all commercially reasonable efforts to include a Fix or Patch for the Error, Defect or Malfunction in the next Software maintenance release. c) Priority 3 Protocol: Contractor may include a Fix or Patch in the next Software major release.

Appears in 2 contracts

Samples: Software License and Maintenance Agreement, Software License and Maintenance Agreement

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Scope of Service Coverage. 1) a. Contractor shall provide Support Services and provide Upgrades during the term of this Maintenance Agreement for the Licensed Software. 2) b. During the term of this Maintenance Agreement, Contractor will furnish Error, Defect or Malfunction correction in accordance with the Priority Categories listed below, based on the City's ’s determination of the severity of the Error, Defect or Malfunction and Contractor's reasonable analysis of the priority of the Error, Defect or Malfunction. a1) Priority 1: An Error, Defect or Malfunction which renders the Licensed Software inoperative; or causes the Licensed Software to fail catastrophically. b2) Priority 2: An Error, Defect or Malfunction which substantially degrades the performance of the Licensed Software, but does not prohibit the City’s use of the Licensed Software. c3) Priority 3: An Error, Defect or Malfunction which causes only a minor impact on the use of the Licensed Software. 3) c. Contractor will furnish Error, Defect or Malfunction correction in accordance with the following protocols: a1) Priority 1 Protocol: Within two hours, Contractor assigns a product technical specialist(s) to diagnose and correct the Error, Defect or Malfunction; thereafter, Contractor shall provide ongoing communication about the status of the correction; shall proceed to immediately provide a Fix, a Patch or a Workaround; and exercise all commercially reasonable efforts to include a Fix or Patch for the Error, Defect or Malfunction in the next Subsequent Release. Contractor will escalate resolution of the problem to personnel with successively higher levels of technical expertise until the Error, Defect or Malfunction is corrected. b2) Priority 2 Protocol: Within four hours, Contractor assigns a product technical specialist(s) to diagnose the Error, Defect or Malfunction and to commence correction of the Error, Defect or Malfunction; to immediately provide a Workaround; to provide escalation procedures as reasonably determined by Contractor's staff; and to exercise all commercially reasonable efforts to include a Fix or Patch for the Error, Defect or Malfunction in the next Licensed Software maintenance release. c) Priority 3 Protocol: Contractor may include a Fix or Patch in the next Software major release.

Appears in 1 contract

Samples: Software Maintenance Agreement

Scope of Service Coverage. 1) a. Contractor shall provide Support Services and provide Upgrades during the term of this Maintenance Agreement for the Licensed Software. 2) b. During the term of this Maintenance Agreement, Contractor will furnish Error, Defect or Malfunction correction in accordance with the Priority Categories listed below, based on the City's determination of the severity of the Error, Defect or Malfunction and Contractor's reasonable analysis of the priority of the Error, Defect or Malfunction. a1) Priority 1: An Error, Defect or Malfunction which renders the Licensed Software inoperative; or causes the Licensed Software to fail catastrophically. b2) Priority 2: An Error, Defect or Malfunction which substantially degrades the performance of the Licensed Software, but does not prohibit the City’s use of the Licensed Software. c3) Priority 3: An Error, Defect or Malfunction which causes only a minor impact on the use of the Licensed Software. 3) c. Contractor will furnish Error, Defect or Malfunction correction in accordance with the following protocols: a1) Priority 1 Protocol: Within two hours, Contractor assigns a product technical specialist(s) to diagnose and correct the Error, Defect or Malfunction; thereafter, Contractor shall provide ongoing communication about the status of the correction; shall proceed to immediately provide a Fix, a Patch or a Workaround; and exercise all commercially reasonable efforts to include a Fix or Patch for the Error, Defect or Malfunction in the next Subsequent Release. Contractor will escalate resolution of the problem to personnel with successively higher levels of technical expertise until the Error, Defect or Malfunction is corrected. b2) Priority 2 Protocol: Within four hours, Contractor assigns a product technical specialist(s) to diagnose the Error, Defect or Malfunction and to commence correction of the Error, Defect or Malfunction; to immediately provide a Workaround; to provide escalation procedures as reasonably determined by Contractor's staff; and to exercise all commercially reasonable efforts to include a Fix or Patch for the Error, Defect or Malfunction in the next Licensed Software maintenance release. c) Priority 3 Protocol: Contractor may include a Fix or Patch in the next Software major release.

Appears in 1 contract

Samples: Services Agreement

Scope of Service Coverage. 1) a. Contractor shall provide Support Services [and provide Upgrades Upgrades] during the term of this Maintenance Agreement for the Software. 2) b. During the term of this Maintenance Agreement, Contractor will furnish Error, Defect or Malfunction correction in accordance with the Priority Categories listed below, based on the City's ’s determination of the severity of the Error, Defect or Malfunction and Contractor's ’s reasonable analysis of the priority of the Error, Defect or Malfunction. a1) Priority 1: An Error, Defect or Malfunction which renders the Software inoperative; or causes the Software to fail catastrophically. b2) Priority 2: An Error, Defect or Malfunction which substantially degrades the performance of the Software, but does not prohibit the City’s use of the Software. c3) Priority 3: An Error, Defect or Malfunction which causes only a minor impact on the use of the Software. 3) c. Contractor will furnish Error, Defect or Malfunction correction in accordance with the following protocols: a1) Priority 1 Protocol: Within two hours, Contractor assigns a product technical specialist(s) to diagnose and correct the Error, Defect or Malfunction; thereafter, Contractor shall provide ongoing communication about the status of the correction; shall proceed to immediately provide a Fix, a Patch or a Workaround; and exercise all commercially reasonable efforts to include a Fix or Patch for the Error, Defect or Malfunction in the next Subsequent Release. Contractor will escalate resolution of the problem to personnel with successively higher levels of technical expertise until the Error, Defect or Malfunction is corrected. b2) Priority 2 Protocol: Within four hours, Contractor assigns a product technical specialist(s) to diagnose the Error, Defect or Malfunction and to commence correction of the Error, Defect or Malfunction; to immediately provide a Workaround; to provide escalation procedures as reasonably determined by Contractor's ’s staff; and to exercise all commercially reasonable efforts to include a Fix or Patch for the Error, Defect or Malfunction in the next Software maintenance release. c3) Priority 3 Protocol: Contractor may include a Fix or Patch in the next Software major release.

Appears in 1 contract

Samples: Contract Agreement

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Scope of Service Coverage. 1) a. Contractor shall provide Support Services and provide Upgrades during the term of this Maintenance Agreement for the Software. 2) b. During the term of this Maintenance Agreement, Contractor will furnish Error, Defect or Malfunction correction in accordance with the Priority Categories listed below, based on the City's ’s determination of the severity of the Error, Defect or Malfunction and Contractor's ’s reasonable analysis of the priority of the Error, Defect or Malfunction. a1) Priority 1: An Error, Defect or Malfunction which renders the Software inoperative; or causes the Software to fail catastrophically. b2) Priority 2: An Error, Defect or Malfunction which substantially degrades the performance of the Software, but does not prohibit the City’s use of the Software. c3) Priority 3: An Error, Defect or Malfunction which causes only a minor impact on the use of the Software. 3) c. Contractor will furnish Error, Defect or Malfunction correction in accordance with the following protocols: a1) Priority 1 Protocol: Within two hours, Contractor assigns a product technical specialist(s) to diagnose and correct the Error, Defect or Malfunction; thereafter, Contractor shall provide ongoing communication about the status of the correction; shall proceed to immediately provide a Fix, a Patch or a Workaround; and exercise all commercially reasonable efforts to include a Fix or Patch for the Error, Defect or Malfunction in the next Subsequent Release. Contractor will escalate resolution of the problem to personnel with successively higher levels of technical expertise until the Error, Defect or Malfunction is corrected. b2) Priority 2 Protocol: Within four hours, Contractor assigns a product technical specialist(s) to diagnose the Error, Defect or Malfunction and to commence correction of the Error, Defect or Malfunction; to immediately provide a Workaround; to provide escalation procedures as reasonably determined by Contractor's ’s staff; and to exercise all commercially reasonable efforts to include a Fix or Patch for the Error, Defect or Malfunction in the next Software maintenance release. c3) Priority 3 Protocol: Contractor may include a Fix or Patch in the next Software major release.

Appears in 1 contract

Samples: Software Development Term Sheet

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