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digiTICKET <br />electronic ticketing solution <br />11. INDEMNIFICATION. Provided that Customer complies with all terms and conditions of this Agreement, Saltus <br />agrees to indemnify, defend, and hold harmless Customer from and against any and all liabilities, actions, claims, <br />damages, reasonable costs, and reasonable expenses arising from or relating to any claim that the Software <br />infringes upon or violates any patent, copyright, trade secret, or other proprietary right of any third party. If a <br />claim for indemnity is made pursuant to this paragraph, Customer shall give Saltus prompt written notice of any <br />alleged liability or action and shall offer to tender the full defense thereof to Saltus. Saltus shall not be liable for <br />any settlement of any such liability or action effected without the prior written consent of Saltus. <br />4.0 SOFTWARE MAINTENANCE AND SUPPORT <br />1. SERVICES. During the term of this Agreement, Saltus agrees to provide maintenance and support services, as <br />described herein, for the Software operating under the license(s) and on the hardware configurations listed in <br />Section 1.0 of this Agreement so as to maintain the Software in good working order, keeping the Software free <br />from material defects so that the Software will function properly and in accordance with the accepted level of <br />performance as set forth in Section 3.0 of this Agreement. Such maintenance and support shall include (i) <br />diagnosis of problems or performance deficiencies of the Software and (ii) a resolution of the problem or <br />performance deficiencies of the Software. Saltus will provide telephone software support twenty-four (24) hours a <br />day, seven (7) days a week. Saltus will use its best efforts to cure, as described below, reported, and reproducible <br />errors in the Software. Saltus utilizes the following four (4) severity levels to categorize and respond to reported <br />problems: <br />Severity 1: Critical Business Impact <br />The impact of the reported problem is such that the Customer is unable to either use the Software or reasonably <br />continue work using the Software. Saltus will provide a response by a qualified member of its staff to begin to <br />diagnose and to correct a Severity 1 problem as soon as reasonably possible, but in any event a response via <br />telephone will be provided within one (1) hour. Saltus will make its best efforts to resolve Severity 1 problems in <br />less than forty-eight (48) hours, but in any event, will engage staff until an acceptable resolution is achieved. <br />Severity 2: Significant Business Impact <br />Important features of the Software are not working properly and there are no acceptable, alternative solutions. <br />While other areas of the Software are not impacted, the reported problem has created a significant, negative <br />impact on the Customer's productivity or service level. Saltus will provide a response by a qualified member of its <br />staff to begin to diagnose and to correct a Severity 2 problem as soon as reasonably possible, but in any event a <br />response via telephone will be provided within four (4) hours. Saltus will exercise its best efforts to resolve Severity <br />2 problems within five (5) days, but in any event, will engage staff until an acceptable resolution is achieved. <br />Severity 3: Some Business Impact <br />Important features of the Software are not working properly, but an alternative solution is available or non- <br />essential features of the Software are not working properly with no alternative solution. The Customer impact, <br />regardless of Software usage, is minimal loss of operational functionality or implementation resources. Saltus will <br />provide a response by a qualified member of its staff to begin to diagnose and to correct a Severity 3 problem as <br />soon as reasonably practical, but in any event a response via telephone will be provided within one (1) day. Saltus <br />will exercise its best efforts to resolve Severity 3 problems within one (1) week, but in any event, will engage staff <br />during business hours until an acceptable resolution is achieved. <br />Severity 4: Minimal Business Impact <br />A noticeable situation exists in which use of the Software is affected in some way which is reasonably correctable <br />by a documentation change or by a future, regular maintenance release. Saltus will provide, as agreed by the <br />parties, a fix, or fixes for Severity 4 problems in future maintenance releases. <br />With respect to any reported problems, Saltus may, with the concurrence of the Customer, elect to send senior <br />support or development staff to the Customer location to accelerate problem resolution. Saltus will be responsible <br />for the costs associated with this escalated problem resolution if the problem is determined to be related to the <br />Confidential Paris Police Department Page 6 <br />Copyright © 2023 Saltus Technologies, LLC All Rights Reserved <br />