(6.3.2)--ViaviSystemSoftwareMaintenancean.pdf

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1、 2020 Viavi Solutions Inc.All Rights Reserved.SYSTEM SOFTWARE MAINTENANCE AND SUPPORT SERVICES-PREMIUM 1 System Software Maintenance and Support Services PREMIUM 10139523-223 Rev 004 These Premium System Software Maintenance and Support Service terms and conditions(“Terms and Conditions”)apply to an

2、y quote,order,order acknowledgment,and invoice,and any sale or provision of Premium System Software Maintenance and Support Services as defined herein provided to Customer by Viavi Solutions Inc.(“Viavi”),in addition to Viavis General Terms(“General Terms”)and/or Software License Terms,which are inc

3、orporated by reference herein and are either attached hereto,available at or available upon request.1.PURPOSE AND SCOPE These Terms and Conditions describe the Services that Viavi will provide to,and perform for,Customer.These Terms and Conditions apply to Services for standard Software,as defined h

4、erein,and are limited to the System configuration specified in a Statement of Work(“SOW”)or other ordering document(i.e.,a quote,order,order acknowledgment or invoice)which contains a description of the System.All Services and Documentation shall be provided in English.If Viavi performs any services

5、 outside the scope of the Services including,but not limited to,services requested by Customer in accordance with Section 4 j)(Out-Of-Scope Errors)or services required due to actions or events listed in Section 7 c)SUIS Exclusions and Limitations)of these Terms and Conditions such services will be r

6、endered at Customers additional expense under a separate SOW;provided,however,that Viavi shall not be obligated to perform any services outside the scope of the applicable Services.Viavis obligation under these Terms and Conditions shall solely be to undertake the agreed Services activities and not

7、to achieve certain technical,economic,or other results.The Services shall be governed by these Terms and Conditions,including any Annexes hereto,the quotation sent to Customer by Viavi(“Quotation”),General Terms and any valid SOW,if applicable,between the parties.These documents comprise the entire

8、agreement between Customer and Viavi with respect to Services for the Software or Systems supported by Viavi.In case of conflict,the order of precedence is as follows:these Terms and Conditions,the General Terms,any SOW between the parties,and the Quotation.2.DEFINITIONS a)Acceptance shall be define

9、d as either(i)the date the Software is shipped to Customer if operating under a re-seller or system integrator agreement,or(ii)the date acceptance occurs as defined in an applicable SOW if Viavi is directly delivering the project and/or responsible for implementation.b)Business Hours shall be define

10、d as 8:30 a.m.to 5:00 p.m.,Monday to Friday in the time zone of the Customers designated site and excluding Viavi holidays.c)Customer shall be defined as either(i)the re-seller or system integrator if one is engaged in the delivery or re-sale of the project or(ii)the end customer if Viavi is directl

11、y delivering the project and/or responsible for implementation.d)Customer Contact means an employee of Customer designated by the Customer to be the primary contact and/or a second employee designated by Customer as the backup contact.Only Customer Contacts will have access to the Services.e)Defect

12、means a failure to materially conform to Viavis published Documentation in effect on the date Viavi ships Customers Software order.f)Documentation means Viavis information manuals that(i)contain operating instructions and performance specifications for the Software and/or System;(ii)Viavi delivers t

13、o Customer with the Software and/or System;and(iii)Viavi generally makes available to all users of its Software and/or System.g)Firmware means embedded software(i)installed on tangible products,including back-up copies of such software that are delivered with such tangible products,and(ii)not referr

14、ed to by Viavi with individual product numbers and line item prices.Software Update Service is provided for Firmware contained within the System.h)Response means initial contact with Customer by Viavi System Engineer following Customers initial contact with Viavis technical support line.i)Response T

15、ime means the measurement of the amount of time between Receipt of the Problem Report(phone or web)from Customer Contact and the time Viavi makes initial contact with customer to acknowledge receipt and notify intent to initiate problem resolution.Response time does not include hours outside coverag

16、e period.j)Service or Services means Premium Viavi System Software Maintenance and Support Services consisting of Technical Support,and Software Update Subscription(“SUS”)as further described in these Terms and Conditions.k)Severity Level means classification of a problem determined by Viavi personn

17、el based upon the Customers assessment of business impact.The three(3)Severity Levels that apply to the Services are as follows:1)Problem Report Critical means conditions that severely affect the primary functionality of the System and because of the business impact to the customer requires non-stop

18、 immediate corrective action,regardless of time of day or day of the week as viewed by a customer on discussion with the organization such as:System inoperability(total or partial outage),a reduction in the capacity capability,that is,traffic/data handling capability,such that expected loads cannot

19、be handled,any loss of emergency capability(for example,emergency 911 calls),or safety hazard or risk of security breach.2)Problem Report Major means System is usable,but a condition exists that seriously degrades the System operation,maintenance or administration,etc.,and requires attention during

20、pre-defined standard hours to resolve the situation.The urgency is less than in critical situations because of a lesser immediate or impending effect on System performance,customers and the customers operation and revenue such as:reduction in the Systems capacity(but still able to handle the expecte

21、d load),any loss of administrative or maintenance visibility of the System and/or diagnostic capability,repeated degradation of an essential component or function,or degradation of the Systems ability to provide any required notification of malfunction.3)Problem Report Minor means other problems of

22、a lesser severity than“critical”or“major”such as conditions that have little or no impairment on the function of the System.a)Software means the computer software in object code or other format that Viavi agrees to deliver or make available to Customer and licensed by Customer under an Agreement,exc

23、luding related Documentation provided to Customer or supported under these Terms and Conditions.For clarity purposes,no licenses for Software granted under these Terms and Conditions shall extend to any source code.b)Software Maintenance Pack means a bundle of patches providing fixes for Defects in

24、the Software.c)Software Maintenance Period means a period of twelve(12)consecutive calendar months commencing on either(i)the date of Acceptance of the Software,or(ii)the annual renewal thereafter.d)Software Release means a particular version of Software identified by a change in the version numberi

25、ng.e)Software Update means Defect,fixes and Software enhancements on the Viavi System.A subsequent release of Software that Viavi makes,at is sole discretion,generally available to purchasers of the Services for such Software.f)System means a collection of hardware and/or software items located at o

26、ne or more physical locations where all of the items are required for proper operation.No single item can function by itself.This may include third parties products.g)System Handle means a unique reference number,assigned by Viavi to each Customer that determines entitlement to Services.h)System Sup

27、port Engineer or SSE means a qualified and skilled Viavi engineer designated to assist Customer with technical support issues.2020 Viavi Solutions Inc.All Rights Reserved.2 System Software Maintenance and Support Services PREMIUM 10139523-223 Rev 004 3.SCOPE OF SERVICES During the Software Maintenan

28、ce Period,Viavi will provide the Services described in Sections 4,5 and 6 of these Terms and Conditions that Viavi,at its sole discretion,makes generally available to all of Viavis customers.Viavi products which do not allow self-install of software Updates will also include Services included in Sec

29、tion 7.4.TECHNICAL SUPPORT Technical Support provides Customer access to an SSE as a single point of contact to help troubleshoot and resolve problems with the System.Such technical support will be provided remotely using telephone,the web and/or remote access.a)TECHNICAL SUPPORT SERVICES INCLUDE:Ca

30、se management of Problem Reports from initiation to closure.An individual case will be assigned to each customer Problem Report with status documented,tracked and updated through closure.Remote problem diagnostics,troubleshooting and repair via telephone,the web and/or remote access;Software trouble

31、shooting and repair as needed,(if a problem is determined to be caused by a Software problem and Viavi determines that it cant be resolved remotely,Viavi may perform technical support services on-site,if required and agreed upon by the parties);Troubleshooting up to isolation only of faulty hardware

32、;Unlimited number of technical support cases to restore solution functionality and for general questions related to configuration and operation;Problem Report logging via phone or web;Case management until final resolution;Self-serve web-based system support;Escalation management;Ticket reviews of o

33、pen cases;and Operational reviews based on the type of service level commitment purchased by Customer.b)VIAVI CONTACT Technical Support is available to Customer through a Services contact number and the Services web interface.c)LOGGING A TECHNICAL SUPPORT CASE After Customer has logged a Problem Rep

34、ort,Viavi will assign a SSE to the case.The SSE will be the primary Viavi person responsible for providing and coordinating the Technical Support services to Customer.The SSE will Receive the initial Problem Report via telephone or Online Problem Report Logging tool;Respond to the Customer Contact a

35、ccording to Response Time Criteria,described in Section 4d)Service Level Determine the necessary routing to resolve the problem.Interact with various system experts and specialists within Viavi and third parties as necessary and manage the case until final problem resolution.Escalate the case accord

36、ing to the Viavi escalation process,as described below under Section 4i)-Escalation Management.d)SERVICE LEVEL:Technical Support Availability and Response Times Coverage hours are listed in the time zone of the Customers designated site.In the case where a System has no Customer designated site,the

37、time zone shall be the time zone of the Customer Contact.The Customer Contact may log a case using the web twenty-four(24)hours a day at https:/ by telephone during Business Hours or via email.Local support contact information can be found at https:/ shall inform Viavi of an issue by providing the i

38、nformation required that will assist Viavi with problem isolation and determination as to whether this issue is a Defect,based on which Viavi will assign to the Defect a Severity Level.Viavi reserves the right to downgrade at any time the assigned Severity Level(i)if the Defect is determined to be l

39、ess severe than originally reported;(ii)as Viavi provides solutions to reduce the impact of the Defect;or(iii)if Viavi is unable to effectively provide Technical Support due to Customers failure to provide cooperation reasonably requested by Viavi.Viavi will use commercially reasonable efforts to re

40、spond to Customer within the time frames below in time zone of the Customer contact.Viavis Response,restoration,and resolution times for Software are as set out below.Such times shall constitute targets only.Restoration and resolution intervals for Software issues in 90%of cases are defined as follo

41、ws:Criteria Premium Plan Critical Response One(1)hour Critical Restoration Twenty-four(24)hours Major Response Two(2)hours Major Restoration Forty-eight(48)hours(excluding weekends and Viavi Holidays)1 Major Resolution Fifty(50)days Minor Response Two(2)Business hours Minor Resolution One-hundred ei

42、ghty 180 days 2 Note1-Major restoration times for issues requiring an engineering change(i.e.change to the Software or Documentation)will be mutually agreed upon between Customer and Viavi.Minor issues requiring an engineering change will be added to a Defects register and periodically reviewed as c

43、andidate fixes in future release plans.Note 2 Minor issues requiring an engineering change will be added to a Defects register and periodically reviewed as candidate fixes in future release plans.Viavi will record delays.The cases below will not be counted in elapsed time:Excessive delay in testing

44、or deploying a proposed solution due to Customer resource constraints.Customer delay in supplying sufficient information to commence or continue problem resolution.Not being able to access the Customers System to resolve a problem,either on-site or remotely.If,with the Customers agreement (1)a fix i

45、s deferred to a later patch,Software Maintenance Pack or Software Release;or(2)a temporary fix is in place,the time to deliver the permanent fix is not included.e)PROCEDURE FOR OBTAINING TECHNICAL SUPPORT(“Logging a Case”)To obtain technical support as referenced in this Section 4 from Viavi,Custome

46、r is responsible for complying with the following procedure:Customers System user finds a System-related problem and reports it to the Customer Contact.Customer Contact takes ownership of the problem and attempts to find a timely solution,identifies the nature of the problem,including eliminating cu

47、stomer network and non-Viavi hardware as a possible problem cause,reproduces the error if possible and document the steps needed to do so.If Customer Contact is unable to resolve the problem,Customer Contact activates technical support by logging a case,using one of the Viavi Contact procedures desc

48、ribed above to provide the System Handle,events that led up to the problem,the problem description,and Customers assessment of business impact of the problem.Customer Contact describes to the SSE the parameters,procedures and conditions resulting from the problem in sufficient detail to permit the S

49、SE to isolate the cause of the problem and commits appropriate resources to help isolating the problem.Customer Contact provides the SSE with all data files,database rules and other software,together with remote access and(if Viavi requires)on-site access,reasonably believed necessary by the SSE to

50、reproduce and analyze the problem.If the problem cannot be reproduced,no further action will be taken by Viavi.2020 Viavi Solutions Inc.All Rights Reserved.3 System Software Maintenance and Support Services PREMIUM 10139523-223 Rev 004 f)SYSTEM REMOTE ACCESS Customer agrees to provide Viavi high spe