GoldenSource® Maintenance Policy

1. For so long as CUSTOMER is current in payment of Maintenance Fees and in compliance with the terms of the Agreement, GOLDENSOURCE shall provide CUSTOMER with the Maintenance Services specified in this Maintenance Policy. CUSTOMER shall install all Service Packs and Patches for the Licensed Software within 120 days of the delivery of such Service Pack or Patch to CUSTOMER. Customer agrees to pay an annual premium support charge of twenty percent (20%) of the total then-current Fees at any point where in production is a Release or Version of the Software that is more than one Release or Version behind the then-current Release of the Software. GOLDENSOURCE may, upon one (1) year’s notice, withdraw maintenance for a prior Release of Licensed Software more than one Release older than the current Release. GOLDENSOURCE may, upon one (1) year’s notice, withdraw maintenance for a prior Version of Licensed Software more than one Version older than the current Version. GOLDENSOURCE may, upon two (2) year’s notice, withdraw maintenance for any Release or Version of Licensed Software in the event GOLDENSOURCE withdraws such Licensed Software from marketing.
2. Maintenance Services are available during the hours specified in Sections 3 and 4 below with the response times specified in Section 5.
3. CUSTOMER will be able to designate four (4) support contacts who can contact GOLDENSOURCE support personnel.
4. GOLDENSOURCE will provide CUSTOMER with help desk access during the hours of 4:00 AM until 11:00 PM Greenwich Mean Time. The help desk is a facility that records customer issues transmitted to GOLDENSOURCE and then assigns such issues within the operations of GOLDENSOURCE for resolution and response.
5. During the Maintenance Period, GOLDENSOURCE will provide CUSTOMER with a hotline phone number for non-standard, emergency telephone support which can be called 24 hours per day, seven days per week for Severity 1 production systems problems as defined below.
6. CUSTOMER shall identify each problem in accordance with the Severity Priority Table below (subject to revision by GOLDENSOURCE support management). GOLDENSOURCE shall respond within the Response Times specified in the Service Catalogue below. After the initial response, GOLDENSOURCE will classify the problem and resolve it in accordance with Resolution Time below.

SERVICE CATALOGUE AND LEVEL

7. Specified Location Assistance: In any situation where error conditions deprive CUSTOMER of the productive use of the Licensed Software for more than twenty-four (24) hours, CUSTOMER may request that GOLDENSOURCE provide Maintenance Services at the Specified Location. In this event, GOLDENSOURCE will have trained representatives at the Specified Location no later than forty-eight (48) hours after the request is made. In the event that GOLDENSOURCE personnel travel to the Specified Location at CUSTOMER’s request, CUSTOMER will pay GOLDENSOURCE for travel and subsistence expenses in accordance with Section 5.D of the Agreement. If the suspected error condition was attributable to a cause other than an error in the Licensed Software, then CUSTOMER will pay for GOLDENSOURCE’s efforts on a time and material basis, at GOLDENSOURCE’s then current rates.
8. Releases; Versions; Service Packs; Patches: For the period in which GOLDENSOURCE provides Maintenance Services hereunder, GOLDENSOURCE shall supply new Releases, Versions, Service Packs and Patches of the Licensed Software to CUSTOMER at no additional charge as part of the Maintenance Services.
   “Release” means code provided by GOLDENSOURCE to its maintenance customers generally as a new release which corrects errors in the Licensed Software, or contains revisions to the Licensed Software that include minor functional enhancements, corrections, updates and minor modifications to existing features. A new Release is usually accompanied by a change to the right of the decimal point in the number designation of the product (for example, GoldenSource Securities Version 6.X).
   “Version” means code provided by GOLDENSOURCE to its customers generally as a new version, which provides new features, functions or capabilities or other substantial changes (other than error corrections) to the Licensed Software. A new Version is usually accompanied by a change to the left of the decimal point in the number designation of the product (for example, GoldenSource Securities Version X.2).
   “Service Pack” means code provided by GOLDENSOURCE to its customers generally as a new service pack which corrects errors in the Licensed Software or includes minor functional enhancements. A new Service Pack is usually accompanied by a change in the number to the right of the second decimal point in the number designation of the product (for example, GoldenSource Securities Version 6.1.X).
   “Patch” means code provided by GOLDENSOURCE to its customers generally as a new patch which corrects errors in the Licensed Software that GOLDENSOURCE has determined to deliver in an expedited manner. A new patch is usually accompanied by a change in the number to the right of the third decimal point in the number designation of the product (for example, GoldenSource Securities Version 6.1.1.X).

GOLD LEVEL MAINTENANCE SERVICES ADDITIONAL TERMS AND CONDITIONS

9. Priority Access to Level 3 Support: In the event that source code must be changed to solve a CUSTOMER problem, CUSTOMER will have priority access to GOLDENSOURCE’S Level 3 Support (i.e. software development resources).
10. Support for Multiple Versions: CUSTOMER will have support for up to three (3) different software environments (i.e. Production Environment, Development Environment, and Acceptance Test Environment)
11. Testing: Data Functional Testing: GOLDENSOURCE will maintain a sample of CUSTOMER data up to and including fifty (50) gigabyte replicating the CUSTOMER’S environment and configuration. Functional testing for all patches delivered to CUSTOMER will be performed on this data.
    1. Data Regression Testing: For every patch delivered to CUSTOMER, GOLDENSOURCE will conduct regression testing on the affected component of CUSTOMER’S sample data maintained by GOLDENSOURCE. CUSTOMER is responsible for providing GOLDENSOURCE with the regression scenarios in an executable format.

12. Resources:
    1. Additional designated support contact: CUSTOMER will be able to designate five (5) support contacts who can contact GOLDENSOURCE support personnel.
    2. Named Resource: GOLDENSOURCE will designate a contact within the GOLDENSOURCE support center who is familiar with the CUSTOMER’S environment.
    3. Technical Resource: GOLDENSOURCE will supply a technical resource who will facilitate that the GOLDENSOURCE test environment is compatible with the CUSTOMER\’S environment.
    4. Support Account Manager: The Support Account Manager will be CUSTOMER’S primary point of contact dedicated to support issues and incident management. The Support Account Manager will co-ordinate the right resources to address product issues, handle escalations, frequently review CUSTOMER’S account for incoming support requests and provide up-to-date weekly status reports. As the liaison with CUSTOMER, the Support Account Manager will facilitate effective communication between the CUSTOMER and the relevant departments within GOLDENSOURCE.