Works/Technical Support/Agreement

AGREEMENT ON TECHNICAL SUPPORT OF THE "OpenSCADA" SOFTWARE

This Agreement applies to the Technical Support packages and if you do not agree to its terms, you must not use these services!

1. TERMS AND DEFINITIONS

"Contractor" – OpenSCADA software developers Team, who is providing the actions on the Technical Support.

"Customer" – private or legal person that is provided with the Technical Support on basis of this Agreement.

"Designated user of the Customer" – representative of Customer in the interaction with Contractor, who is appointed by Customer.

"Party" or "Parties" – Customer and/or Contractor.

"Period of the support" – support period, determined by the purchased TS package.

"Problem" – malfunction of the Product — a single technical problem, which cannot reasonably be subdivided into multiple parts.

"Product" – OpenSCADA software, for which the Technical Support is provided.

"Request" – notification of Contractor by Customer about a Problem of using the Product.

"Response Time" – period of time from when Customer notifies Contractor about a Problem until Contractor provides Customer with a response, but not necessarily a solution.

"Technical Support (TS)" – assistance, provided by the Contractor, which assists Designated user of the Customer in the Product installation, its use and solving Problems of the functioning.

2. SUBJECT OF THE AGREEMENT

2.1. Contractor provides Designated user of the Customer with support for the Product versions, for which Customer has purchased support, from Contractor.

2.2. Contractor invests a commercially reasonable time and effort, limited by the total equivalent labor intensity of the TS package, in resolution of a reported Problem and provides the Designated user of Customer with a response addressing the Problem.

2.3. Fixes are made to the next service update of the stable version (LTS) or the next Subversion revision of the working version (Work) of the Product, which is carried out during the Response Time of the package TS, if the process of the Problem diagnosis and solution does not exceed this time. In cases when the time of receiving the solution of the Problem is very critical and it is not possible to wait for its full solution, Contractor will provide Designated user of the Customer in a temporary solution of the Problem.

2.4. Contractor provides Customer with the related consultations on the Product's functionality, informs Customer about new versions and extensions of the Product's functionality in new versions.

3. GENERAL PROVISIONS

3.1. Contractor may include the name and logo of the Customer's company in the public list of Contractor's clients.

3.2. Customer's and Contractor's obligations:

a) maintain the "Confidential Information" of other Party in strict confidence;

b) do not disclose "Confidential Information" to third parties without the prior written consent of the other Party;

c) do not use, directly or indirectly, the "Confidential Information" for any purpose other than to carry out its duties under this Agreement;

d) the Contractor's and Customer's obligations about the "Confidential Information" continue during the Period of the support and for period of five (5) years after expiration or ceasing this Agreement.

3.3. Contractor has the right to change the provisions of this Agreement. In this case, Contractor undertakes to comply with the terms of this Agreement, existing at the time of payment by the Customer for the Technical Support service, in order to prevent deterioration of Customer's service conditions.

3.4. Contractor undertakes to publicly announce the changes made to this Agreement.

3.5. Contractor does not guarantee that the provided support will be successful in resolving any Problems reported by the Customer.

3.6. Contractor is under no circumstances liable for damage and loss of profits, interruption of business, loss or damage to the data of the Customer.

3.7. Customer has no right to assign or transfer all or part of its rights and obligations under this Agreement without the prior consent of Contractor.

3.8. When processing the Request, sent by e-mail or in other way, foreseen in the TS package, Contractor cannot be liable for the availability of postal and information services of third parties. If Customer has not received the response, Customer should re-send the Request to the e-mail or contact Contractor in another way.

3.9. In describing the Problem, Customer should use the terminology adopted in the Product.

4. PROCEDURE FOR SUBMITTING REQUESTS TO THE TECHNICAL SUPPORT SERVICE

4.1. The basis for providing the Technical Support is the Customer's Request. The Request must be sent to the email address service at oscada.org, to the forum section for the Technical Support or directly to the Contractor's email address in the domain "oscada.org".

4.2. In order to present the Problem in detail and not to use beforehand the equivalent complexity of the package TS at the consultation, unless of course it is Customer's purpose of the TS package purchasing, before submitting the Request to the Technical Support service, Customer should consult the available information on this issue in the documentation, manuals, FAQ and use the site and forum search. If the Problem is analogous to the situation described in the documentation or in the appropriate forum discussions, but requires further explanation, Customer should provide a link to the original document or discussion.

4.3. The Request must contain the accurately and correctly formulated Problem to be solved. The Request must contain the following information:

a) description of the Problem and comprehensive step-by-step information to reproduce the Problem by Contractor;

b) determining the runtime environment on which the Problem is reproduced, consisting of: operating system (distribution), hardware platform, startup and execution conditions, and other specifics of the environment;

c) periodicity of the Problem reproduction;

d) Customer's version of the Product;

e) criticality of the Problem;

f) additional information: crash reports, screen-shots, OpenSCADA project of reproducing the Problem, ...; all additional materials must be attached to the e-mail or message of the TS forum; preference should be given to JPEG and PNG image formats; compressed materials must be provided by ZIP or TAR-archives; executable content and documents in platform-dependent formats, such as Microsoft Office®, are not accepted;

g) contact details with determination of e-mail address and other auxiliary requisites of Designated user of the Customer, according to the package TS.

4.4. Designated user of the Customer shall promptly respond to requests from Contractor for additional information.

5. PROCEDURE FOR PROCESSING REQUESTS

5.1. The Requests are processed from 8 am to 5 pm (+2 GMT — at Kyiv, Ukraine) daily, except weekends. The answers to the questions are sent to the Customer by the question channel, from the list of channels of the TS package, and in the same period of time.

5.2. Upon receipt of the Request, Customer, in its turn, receives notification of the start of its processing.

5.3. The Requests are processed in order they are received. The maximum reaction term to the Request is determined by the TS package. The Requests with a high level of the criticality can be processed out of turn.

5.4. The Requests, from other channels (in particular — Jabber, phone and other) are not the official ones and such channels are considered only of personal and additional communication.

5.5. Resolution of the Problem can be postponed, or even impossible, for the following main reasons:

a) it is impossible to reproduce the Problem and there is no access to the configuration of Customer;

b) Customer does not provide enough information to solve the Problem;

c) the Problem is presented incorrectly or discussion of the Problem is not constructive, respectively, the resolution is delayed because of delays in providing information upon the Request;

d) the Problem needs in-depth diagnosis or is conceptual, which involves significant and long-term refinement or even revision of the concept.

6. PAYMENT

6.1. Payment must be performed before Contractor shall provide Customer with the Technical Support and through official ways of money transfer.

6.2. After receiving the payment the registration of Customer on the TS forum is made and reception of the Requests is started by e-mail.

7. SUPPORT LIMITATIONS

7.1. The Technical Support does not expand to obsolete versions and unofficial builds, but may be provided for working (Work) versions that require consideration of the risks of using the branch of developing and processing the features, unless of course you sponsor the same features with the TS package on purpose.

7.2. Contractor shall have no obligation to provide the Technical Support for hardware problems or the Product which has been the subject of improper use or modification.

7.3. Contractor shall only provide the Technical Support for Problems that can be reproduced on officially supported versions of the Product, which are listed on the Technical Support page and which, for the working version (Work), is the last one at the time of submitting the Request.

7.4. The Agreement may be completed beforehand, ie terminated the Technical Support, due to the exhaustion of the total equivalent labor intensity of the purchased package TP when the Period of the support is actual yet. What is achieved either by the large number and complexity of the Requests, or by performing related tasks, or in complex. Restoration of the Technical Support service, in this case, is possible only by purchasing a new package TP.

8. TERMINATION THE AGREEMENT

8.1. Each Party may terminate the Agreement at any time immediately upon written notice to other Party if other Party breaches this Agreement.

8.2. Each Party has the right to terminate this Agreement immediately upon written notice in the event that the other Party becomes insolvent, goes bankrupt, ceases to do business, or acts equivalently to the anything listed in accordance with the law of the other Party.

8.3. Contractor is obliged to return the cost of paid services on the TS minus the cost of services actually provided. The cost of already provided TS services is calculated by dividing the value of paid TS services to twelve (12) and multiplying the obtained value by the number of calendar months that have elapsed since payment; in the absence of direct use of the equivalent labor time, which is taken into account by subtracting this time from the total cost of the package.

9. FORCE MAJEURE

9.1. Parties are released from liability for partial or complete non-performance of obligations under the Agreement, if it was caused by force majeure circumstances, that is: fire, flood, earthquake, sabotage, military action or changes in legislation; if these circumstances directly affect the performance of obligations under the Agreement. At the same time, the term of fulfillment of obligations moves in proportion to the time during which these circumstances acted.

9.2. If these circumstances continue for more than three (3) months, each Party shall have the right to unilaterally terminate the Agreement, in which case neither Party shall have the right to compensation for loss of profits, except for obligation of Contractor within ten (10) days to return the cost of services not provided due to force majeure circumstances, but paid by the Customer at the time of the specified circumstances.