1. SUPPORT
Epiq Solutions will establish and maintain an organization and process to provide support for the Flying Fox Products to the customer for the duration of the Period of Performance. SSR support shall include (i) diagnosis of problems or performance deficiencies of the Flying Fox Products and (ii) a resolution of the problem or performance deficiencies of the Flying Fox Products. Epiq Solutions will provide telephone support on a business day basis. Business day is defined as 9:00 AM through 5:00 PM US Eastern Time, excluding holidays and weekends. In addition, Epiq Solutions will provide an email-based support system.
Epiq Solutions will use its best efforts to cure, as described below, reported and reproducible errors in the Flying Fox Products. Upon receipt of problem reports from the customer, Epiq Solutions will make its best effort to respond within one (1) business day as to the status of the issue. Epiq Solutions will prioritize cases with the highest impact to the customer.
This agreement is not intended as a consulting agreement for customer services.
Flying Fox Enterprise support can be reached at http://cyntell.zohodesk.com, (833) 296-8355 Ext. 3, or support@FlyingFoxEnterprise.com.
2. SOFTWARE MAINTENANCE
For the duration of the Period of Performance, Epiq Solutions will provide the customer with copyrighted patches, updates, releases and new versions of the Product software including 3rd Party and open-source software along with other generally available technical material. All patches, updates, release and new versions shall be subject to the license agreement related to the Products.
Specific SSR software entitlements include:
- Access to a web-based repository of software and firmware downloads related to the Products (http://epiqsolutions.com/support)
- Access to a private documentation area of Epiq Solutions’ website with the latest manuals and application notes (http://epiqsolutions.com/docs)
- Access to a support center with a knowledge base and trouble ticket portal (http://cyntell.zohodesk.com)
- Access to Flying Fox sensor firmware including 3rd party and open-source packages on the sensor
- Access to Flying Fox Enterprise controller software that runs on the Flying Fox Enterprise Appliance (if purchased)
- Access to Red Hat Enterprise Linux software that runs on the Flying Fox Enterprise Appliance (if purchased)
- Access to quarterly security updates on all covered software, and emergency security updates as available
- All software bug fixes, enhancements, and new features in the software listed above
- Notifications of software updates, best practices, and application notes for the Products
3. REPAIR
For the duration of the Period of Performance, Epiq Solutions will, in its sole discretion and within a reasonable amount of time (i) repair or replace defective Flying Fox Products; or (ii) refund the fees paid for the affected Flying Fox Products. Repaired or replaced hardware may contain new or refurbished parts that are equivalent to new in performance and reliability and are at least functionally equivalent to the original parts. The customer is responsible for shipping expenses to send the affected Flying Fox Products to Epiq Solutions, and Epiq Solutions is responsible for the return shipping expenses. The customer is solely responsible for installation or removal costs. Expressly excluded from SSR repair entitlements are Products that were (a) physically damaged due to abuse, accident, neglect, or misuse; (b) modified in an unauthorized way; (c) subjected to improper environment or operated outside of the published specification; (d) damaged due to inadequate maintenance, installation, repair, or calibration; or (e) damaged due to a hazard such as lightning, flood, or other act of nature, and as such, Epiq Solutions reserves the right to charge a fee for examining and testing such returned Flying Fox Products that have been expressly excluded from the SSR repair. To notify Epiq Solutions of a defect and request an RMA number, please email: support@FlyingFoxEnterprise.com
4. WARRANTY
Epiq Solutions will undertake all reasonable efforts to provide technical assistance for the duration of the Period and to rectify or provide solutions to problems where the Flying Fox Products do not function as described in the documentation, but Epiq Solutions does not guarantee that the problems will be solved or that any item will be error-free. This agreement is only applicable to the Flying Fox Products running under the certified environments specified in the applicable Flying Fox Product’s documentation. Epiq Solutions will provide the customer with substantially the same level of service throughout the Period. Epiq Solutions may from time to time, however, discontinue products or versions and stop supporting products or versions one year after discontinuance, or otherwise discontinue any support service. THE FOLLOWING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS OR PROMISES TO CUSTOMER OR ANY THIRD PARTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING BY STATUE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE OR TRADE USAGE. EXCEPT AS PROVIDED ABOVE, THE SERVICES AND MAINTENANCE ARE PROVIDES ‘AS IS’. Epiq Solutions is not liable for incidental, special or consequential damages for any reason (including loss of data or other business or property damage), even if foreseeable or if the customer has advised of such a claim. Epiq Solutions’ liability shall not exceed the fees that the customer has paid for the Flying Fox Products. The customer acknowledges and agrees that the pricing for the Flying Fox Products and SSR services would be substantially higher but for these limitations.
5. TERM
The terms and conditions herein apply to the duration of the Period or Performance, which may be extended by any number of renewal periods (a “Renewal Term”) upon payment of applicable renewal fees. Payment for each Renewal Term shall be due prior to expiration of the Period of Performance at the then-current rates for SSR services. Epiq Solutions reserves the right to terminate SSR services for non-payment or material breach. Fees paid or due prior to termination are non-refundable.