{
  "key": "tanuki-maintenance",
  "short_name": "Tanuki Maintenance Addendum 1.3",
  "name": "Tanuki Maintenance Support Services Addendum 1.3",
  "category": "Commercial",
  "owner": "Tanuki Software",
  "homepage_url": "https://wrapper.tanukisoftware.com/doc/english/licenseDevelopment.html#maintenance",
  "spdx_license_key": "LicenseRef-scancode-tanuki-maintenance",
  "ignorable_emails": [
    "wrapper-support@tanukisoftware.com"
  ],
  "text": "Tanuki Software, Ltd.\nMaintenance Support Services Addendum\nVersion 1.3\n\nMaintenance Support Agreement Number: TSIMS-_____________\n\nThis Maintenance Support Services Addendum to the Development Software\nLicense Agreement, number TSILA-_______________ (\"Agreement\") is\neffective on ______ __, ____. All terms and definitions contained in\nthe Agreement to which this Addendum refers shall apply to the\nSoftware Program and services provided hereunder unless superseded by\nthe terms below.\n\n\n1. DEFINITIONS: The following definitions apply to this Addendum.\n\n1.1 \"TSIMS\" means the annual, prepaid Maintenance Support services\nplan provided to Licensee by Tanuki Software, Ltd. (\"TSI\") which\nincludes email based technical support during business hours\n(wrapper-support@tanukisoftware.com) for the Software Program version\nlicensed hereunder including any applicable Updates and New Versions.\n\n1.2 \"New Version\" means a major Software Program release that includes\nnew product functionality and is denoted by a whole new product\nextension number (i.e., 3.3 to 4.0). New Versions shall include the\nfollowing deliverables online:\n- documentation,\n- installation guide,\n- authorization codes,\n- release notes.\n\n1.3 \"Site\" means a single physical location, a single purchasing\ncontact, and a single Licensee support contact where Software Program\nis in use. TSIMS must be purchased for all Software Programs at a Site\nwhen TSIMS is renewed at that Site.\n\n1.4 \"Updates\" means all bug fixes, patches, workarounds, and\nenhancements contained in any of the releases of the Software Program\n(i.e., 3.3 to 3.4).\n\n\n2. SERVICES:\n\n2.1 Licensee shall be entitled to the level of service as described in\nSection 7 herein.\n\n2.2 TSIMS is provided subject to the terms and conditions set forth in\nthis Addendum. TSI has no obligation to provide TSIMS unless;\n(a) Licensee is in compliance with all terms and conditions of the\nAgreement, (b) the Software Program is unmodified by Licensee or any\nthird party, and is properly maintained by Licensee at the current or\nimmediately preceding version level, (c) and Licensee provides to TSI\ntechnical support personnel the name of its sole point of contact for\ntechnical support. Additional support services may be available to\nLicensee at TSI's current hourly consulting rates.\n\n3.3 Prior to or upon expiration of this Agreement, upon Licensee's\nrequest, the parties hereto will negotiate in good faith an ongoing\nSoftware Program support plan.\n\n\n3. TERM AND RENEWALS:\n\n3.1 TSIMS shall commence on (a) the day of the Software Program\nshipment or (b) the date specified in this Agreement; or (c) as\notherwise specified and agreed to in writing by TSI but in no case not\nlater than six (6) months from date of Software Program shipment and\nwill continue for a period of one year from the date established in\n(a), (b) or (c) above. If no specific TSIMS start is established, then\nTSIMS will commence on the Software Program shipment date. TSIMS may\nbe renewed for subsequent one (1) year periods subject to then current\nTSIMS fees and the execution of a new Maintenance Support Services\nAddendum.\n\n\n4. CONDITIONS AND DISCLAIMER:\n\n4.1 TSI's obligation to provide TSIMS hereunder shall be limited to\nthe express undertakings described herein and shall not extend to any\nsoftware or hardware products, (a) owned by any third party (b)\nfurnished, modified, revised or repaired by persons other than\nemployees or agents of TSI, (c) operated under improper or unsafe\nconditions, (d) transferred without notice to TSI, or (e) any Licensee\nhardware or expendable supplies. TSIMS shall not include, without\nlimitation, relocation or transfer of the Software Program, or\nmodifications required to adapt products to other hardware or to other\nsoftware not bearing the TSI trademark and not supplied by TSI, or\nmodifications required to bring any outdated TSI Products to a\nrevision level acceptable to TSI.\n\n4.2 Licensee shall notify TSI promptly of problems requiring support\nor corrective action by TSI. Licensee shall maintain at its own cost\n(i) any necessary backup and security of software and any data; and\n(ii) the overall performance of the Licensee system.\n\n\n5. ASSIGNMENT:\nThe rights to prepaid TSIMS are assignable by Licensee, upon written\nnotice to TSI, to any successor of Licensee who agrees in writing to\nbe bound by the terms hereof and pays for the services provided.\n\n\n6. Standard level Maintenance and Support\n\n6.1 Scope of Services\nTSI will provide the following services to all Licensees:\n- Answers to Installation and Authorization Questions\n- Product Use Guidance\n- Problem Diagnosis\n- Software Program Configuration Help\n- Software Program Updates\n- New Media and documentation\n- New Versions of the Software Program\n\nThese services exclude explicitly:\n- Third-Party Products\n- Hardware Platform Related Support\n- Operating System Related Support\n- Integration Advice or Any Other Consulting\n- Training.  TSI maintains training and consulting departments that\ncan assist, on a fee-for-service basis, with some or all of the\nservices explicitly excluded as above.\n\n6.2 Limitation\nTSI supports the Software Program as described in the then-current\nprice book for which an annual TSIMS fee is paid. However, TSI will\nfix errors in the current version and the immediately preceding\nversion of the Software Program. The Licensee will provide TSI with\nall the necessary information on the application, the platform, and\nthe infrastructure at the supported Site. If any of such information\nis confidential, the Licensee should notify TSI in accordance with the\nconfidentiality provision of the License Agreement.\n\n6.3 Levels of Support\n1st Level (or First Line Support) Support includes filing the problem\nas an issue in TSI's database, querying the TSI database for similar\nproblems, bugs, and resolutions on the topic and communicating a\nresolution or plan for a resolution back to the Licensee.\n\n2nd Level Support includes further research on the issue and includes,\nbut is not limited to: recreating the problem in house, receiving and\nworking with pieces of Licensee's code that illustrate the behavior;\ndebugging Licensee's code and working to resolve the issue. 2nd Level\nSupport issues are typically assigned to a TSI Product Specialist.\n\n3rd Level Support includes but is not limited to the assistance of\nProduct Support Specialists and Engineering Level Developers to assist\nin debugging code, providing hints to solve the problem, working with\nTSI product code to determine root causes.\n\nWhen the Licensee acquires TSI products through a TSI Partner, it is\nexpected that the main support channel will be established through\nthat Partner. In that case, 1st level support will be handled by that\nPartner, and TSI will communicate solely with the Partner on\nLicensee's issues.\n\n6.4 Priority of an Issue\nThe Licensee and TSI customer support staff shall jointly set issue\npriority levels.\n\nSEVERITY LEVEL 0 - CRISIS - An emergency deployment or production\nenvironment situation where the Software Program is inoperable or\nfails catastrophically and there is no workaround.\n\nSEVERITY LEVEL 1 - HIGH - A detrimental situation where one of the\nfollowing conditions occurs:\n1.) performance of the Software Program degrades substantially under\nreasonable loads causing a severe impact on use; or 2.) one or more\nprimary functions or commands of the Software Program is inoperable.\n\nSEVERITY LEVEL 2 - MEDIUM - Occurs when use of the Software Program is\nnoticeably affected but reasonably correctable by a workaround,\ndocumentation change, or patch which may be completely resolved and\nintegrated into a future release.\n\nSEVERITY LEVEL 3 - LOW - An inconvenient situation where the Software\nProgram is usable but does not provide a function in the most\nconvenient manner and the Licensee suffers little or no significant\nimpact.\n\n6.5 Licensee Assistance and Responsibility in Problem Resolution\nWhen filing an issue, Licensee shall make the following information\navailable to TSI:\n- Maintenance Support Agreement Number\n- Version (including revision level) of the TSI Software Program\n  involved and any supporting product of software involved\n- Platform (Including Operating System Revision Level) of the\n  Operating Environment\n- Error or other warning or advisory messages which you have been\n  receiving\n- A reproducible test case where applicable\n- Any trace, log, and/or console files\n- Configuration files\n- Severity Level of problem\n- Priority Business or other justification for Severity Level 0\n  priority issues\n- Licensee responsibility with regard to assisting in resolving the\n  Licensee issue includes providing a Licensee on-site technical\n  contact, whose availability and response should mirror the response\n  level requested of TSI, to provide resource and operational\n  assistance.\n\n6.6 Response/Resolution Time\nWithin the business hours of the Customer Support Engineer responsible\nfor the issue:\nResponse Time: For the most prompt service, relevant technical detail\nand quickest response time, (generally less than 1 day) issues should\nbe reported via email at wrapper-support@tanukisoftware.com. Response\nto issues reported to Customer Support through fax, or telephone may\nhave longer response times.\n\nInitial Analysis/Resolution Time:\n\nCrisis Handled on a Case by Case Basis, but initial response will be\nwithin 1 Business Day\n\nHigh Within 5 Business Days\n\nMedium Within 10 Business Days\n\nLow Subject to Development and Customer Support Priority\n\nResolution means that Customer Support will use its reasonable efforts\nto resolve Licensee issues as prioritized above. Resolution may\ninclude: specification of a workaround; identification of a bug; or\nthe recognition that additional analysis work needs to be done, on the\npart of Customer Support and the Licensee, which will extend beyond\nthe initial resolution time.\nIn all cases, resolution of issues by Customer Support will require\nthe Licensee to assist in the following: documentation and\nreproduction of the issue; provision of a Licensee contact person with\nwhom TSI Customer Support can maintain contact to arrange for\nanalysis, testing, systems, and other resources and other tasks in\nsupport of resolution of the Licensee's problem and to whom status\nreports and requests for resources can be addressed.\nOngoing communication shall be maintained regarding Licensee issue\nstatus and progress towards resolution between TSI Customer Support\nand the Licensee's issue contact.\n\n6.7 Notification\nThe Licensee will, by default, be notified by e-mail of all relevant\nupdates on the issue since appropriate levels of technical detail are\noften best captured and presented via written e-mail.\nTSI's Support staff can also maintain telephone contact with the\nLicensee, if requested.\n\n6.8 Distribution of Updates\nShipment of Updates and New Versions will be made on a request-only\nbasis. Requests can be made through an e-mail message.\n\n6.9 Licensee Issues Are Typically Handled by Customer Support\nEngineers\nThis is the primary and usual scenario. Contact is maintained between\nthe Licensee and the TSI Customer Support Engineer (\"CSE\") responsible\nfor the issue. The e-mail address to be used is: \nwrapper-support@tanukisoftware.com"
}