Support Responsibilities Clause Samples

Support Responsibilities. In addition to other rights and obligations created by this Agreement, Empyrean shall: 3.1.1 Use its commercially reasonable best efforts to deliver Products set forth in Distributor's orders pursuant to the terms of this Agreement. Shipments shall be made to Distributor or directly to customers established by Distributor no later than 45 days from the date on which the order is received by Empyrean. Empyrean reserves the right to immediately cease all shipments of the Product upon the discovery of a non-conformity to specification in the Product or for regulatory reasons. Empyrean shall use its best efforts to promptly correct such non-conformity or such regulatory issue(s) and shall renew shipment upon such correction; 3.1.2 Upon Distributor's request, provide a reasonable amount of sales and Product training to key employees of Distributor at Empyrean's facilities and at Distributor's cost, for the purpose of training qualified Distributor personnel to ensure proper support of the Products. Empyrean may require Distributor to pay reasonable charges for these services; 3.1.3 Provide a reasonable quantity of current promotional material literature relating to the Products at a reasonable charge and such other samples, brochures and up-to-date information concerning the Products as Empyrean may consider appropriate or as Distributor may reasonably require in order to assist Distributor to sell the Products in the Territory; and 3.1.4 Assist Distributor at Distributor's expense, upon request and subject to Empyrean's approval, which shall not be unreasonably withheld, in making presentations to Distributor's customers or prospects.

Support Responsibilities. In addition to other rights and obligations created by this Agreement, Digene shall:

Support Responsibilities. In addition to the Product warranties found elsewhere in this Alliance Agreement, NCD shall provide Level 3 support for Deliverables and Products. Level 3 support is the support IBM provides its customers after the first two levels of support, Levels 1 and 2, have been exhausted. This support will involve the determination of whether there is a defect (patent or latent), error or other problem ("Defects") with the Product or Deliverables. These will include both problems actually reported by IBM's customers ("APARs"), as well as problems discovered internally by IBM and reported to NCD ("PTRs"). ▇▇▇▇▇ ▇ support shall be conducted so that IBM is the single point of contact for customer-reported problems. Unless requested by IBM in particular situations, NCD will have no direct contact with the customer, and will receive support requests only through IBM support representatives after reasonable efforts to resolve the problem using IBM resources have been exhausted. The IBM support representatives will determine which Defects appear to be related to Deliverables provided under this Alliance Agreement and, after exhausting IBM internal resources, will contact NCD for further diagnosis and correction if the Defect appears to be related to such Deliverables, including Code as well as Firmware. Upon notification of a Defect identified by IBM, NCD will be responsible for isolating and correcting all reported or discovered Defects with the Deliverables, and providing responses and corrections to IBM in accordance with the parameters set forth below: SEVERITY ▇▇▇▇▇ ▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇ (SL1) is for reported Defects that result in an emergency condition that can cause critical impact to a customer or to an IBM delivery schedule. Defect reports classified by IBM as SL1 require immediate and -------------------------------------------------------------------------------- ARTICLE 3-PAGE 2 OF 6 IBM-NCD ALLIANCE AGREEMENT ARTICLE 3 PRODUCT SUPPORT AND MAINTENANCE sustained work until the problem is solved. NCD shall work with IBM around the clock to provide a correction for the SL1 Defect, and shall use its best efforts to complete the correction within 24 hours of the earlier of NCD discovering the SL1 Defect or being informed of the possible SL1 Defect, unless the parties agree that a different time schedule is appropriate in light of the circumstances of the Defect report.

Support Responsibilities. In consideration for the Charges, Q Associates shall provide the Q Support Offering to the Customer, which entitles the Customer to the following: a. Software Subscription Plan (“SSP”). i. SSP provides customers with access to all software updates, which are considered major and minor patches, patch releases, maintenance releases, and functionality enhancements during the Term for the Software. Distribution for SSP is via a download from the NOW web site at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/NOW/cgi-bin/software. ii. Customer agrees as required by Q Associates and/or NetApp to upgrade to a supported release in order for Q Associates and/or NetApp to meet any support requirements. Any Hardware updates required to utilize new functionality of the Product are not included under SSP, and may be purchased at the then-current price list, less any applicable discount. iii. All software updates are governed by the terms and conditions described in the license agreement accompanying the original Software licensed by Customer.

Support Responsibilities. In addition to any warranty obligations of Vendor under this Agreement, Vendor shall: (a) Correct any failure of the Services, and Deliverables to perform in accordance with the Specifications, including without limitation, defect repair, programming corrections, and remedial programming, and provide such services and repairs required to maintain the Services, and Deliverables so that they operate properly, continuously and in accordance with the Specifications. (b) Provide email support twenty-four (24) hours a day, seven (7) days a week, three hundred and sixty-five (365) days a year. (c) Respond to and then continuously work to remedy issues of Service Unavailability, as defined in Section 6.2 of Exhibit C (Service Level Agreement): (i) within one hour of ▇▇▇▇▇▇’▇ support request made during a support window consisting of the hours of 9:00 am to 5:00 pm Pacific Time on Monday through Friday excluding New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day and the following day, Christmas Day and the following day, and New Year’s Eve. Vendor shall respond to Service Unavailability support requests made outside the support window and to all other issues within one business day. Section 14.1(c)(i) shall remain in effect until Vendor notifies ▇▇▇▇▇▇ no later than sixty (60) days after the Effective Date of this Agreement that a longer support window is available, at which point Section 14.1(c)(ii) will take effect. (ii) Upon notice given to ▇▇▇▇▇▇ no later than sixty (60) days after the Effective Date of this Agreement and continuing for the Term of the Agreement, respond to and then continuously work to remedy issues of Service Unavailability, as defined in Section 6.2 of Exhibit C (Service Level Agreement) within one hour of ▇▇▇▇▇▇’▇ support request made twenty-four (24) hours a day, seven (7) days a week, three hundred and sixty-five (365) days a year. Any support request regarding issues of Service Unavailability shall be made to the customer support contact selected by Vendor. (d) Provide online access to technical support bulletins and other user support information and forums. (e) Provide phone support during Vendor’s normal business hours.

Support Responsibilities. Company will have sole ------------------------ responsibility for customer service (including, without limitation, order processing, billing, shipping, etc.) and AV will have no responsibility with respect thereto. Company will comply with all applicable requirements of any federal, state or local consumer protection or disclosure law.

Support Responsibilities. In addition to any warranty obligations of Vendor under this Agreement, Vendor shall:

Support Responsibilities