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This Software Maintenance Services Exhibit (this “Exhibit”) is an attachment to the ESChat Service Agreement (the “Agreement”) and sets forth the ESChat Software Maintenance Services to be provided by ESChat to Subscriber. This Exhibit includes by reference the terms and conditions of the Agreement. In the event of any inconsistencies between this Exhibit and the Agreement, the Parties agree that the terms and conditions of the Agreement will prevail.

ESChat agrees to provide the following Software Maintenance Services to Subscriber for the Product:

During the period of subscription or purchased Maintenance Services (“Operational Period”), ESChat will correct any failure of the ESChat Software to operate in accordance with the Specifications and provide to Subscriber all revisions, updates, upgrades and enhancements. Unless the Parties specifically agree otherwise in this Exhibit, the Maintenance Services provided hereunder will be separately terminable without impacting the underlying Agreement.

1. ESChat will correct any maintenance related malfunction, defect or nonconformity detected by Subscriber in any Software that prevents such Software from performing in accordance with the Specifications set forth in the Agreement, following notification by Subscriber to ESChat of the existence of same, in accordance with the Response and Resolution schedule below.

2. ESChat will provide remote Tier 3 Maintenance (as defined below) assistance and consultation to Subscriber for Severity Level 1 and Severity Level 2 issues 24 hours a day / 7 days a week via telephone and email. ESChat will provide remote technical assistance and consultation to Subscriber for Severity Level 3, 4 and 5 issues during the hours from 8:00 A.M. – 5:00 P.M., Pacific Time, Monday through Friday (excluding holidays identified in Exhibit D) via telephone and email.

For purposes of this Exhibit, “Tier Maintenance” means engineering level support responsible for the most difficult or advanced problems. If it is determined that a problem can be solved, the engineering group is responsible for designing and developing one or more courses of action, evaluating each of these courses in a test case environment, and implementing the best solution to the problem. Once the solution is verified, it is delivered to the customer and made available for future troubleshooting and analysis. If the problem is a bug in the system, the appropriate bug will be filed.

For ESChat Cloud Hosted services and Customer Hosted services managed by ESChat, ESChat shall install all Software Maintenance updates.

Response and Resolution Times:

Severity Level Response Time Resolution Time
Severity Level 1 1 hour 12 hours
Severity Level 2 8 hours 24 hours
Severity Level 3 24 hours 7 Calendar Days
Severity Levels 4 & 5 24 hours 30 Calendar Days

For the purposes of the Schedule of Response/Resolution Times set forth above, the following definitions will apply:

Severity Level: The level of severity that ESChat assigns to a given malfunction, defect or nonconformity of the ESChat Software.
Severity Level 1: (Critical) Means a problem that renders the Product unfit for use and/or unable to be serviced. Problems of this severity usually result in the replacement or repair of all Products containing the defective item.
Severity Level 2: (Serious) Means a problem that produces intermittent loss of function or degraded performance. Problems of this severity usually result in a stop-ship of the Product until the problem is corrected.
Severity Level 3: (Moderate) Means a problem that impedes, but does not prevent the user from accomplishing the desired function. The customer will likely ignore the problem or find a “work around.” Some customers may register a complaint.
Severity Level 4: (Minor) Means a minor problem that does not impede a customer from accomplishing any desired function.  The customer may or may not notice the problem, and is unlikely to register a complaint.  The customer’s perception of the quality may be damaged if several such problems are evident.
Severity Level 5: (Transparent) Means a problem that is invisible to the customer. The problem may be outside the executable software, e.g., development documentation.  Documentation problems are at least a Severity Level 4.

Where resolution requires approval of a third party, i.e. Apple or Google, resolution shall be considered complete upon successful submission to the third party.
Issues classified as severity Level 3, 4 or 5 may alternately be assigned into a pre-established maintenance release schedule.

Response: A written communication to Subscriber acknowledging that a problem has been reported, ESChat’s analysis of the problem information provided to determine if it is complete and the ESChat’s work to attempt to reproduce the problem if the problem information is deemed complete.
Response Time: The maximum time as defined in this Section permitted for ESChat to complete a technical assessment of the problem and establish a course of action for problem resolution, with such period commencing on receipt of Subscriber telephonic notification of such problem.
Resolution Time: The maximum time period permitted for ESChat to resolve the problem, with such time period commencing upon the completion of the technical Response Time.

If ESChat does not correct the Software within one hundred and twenty (120) hours from the time of notification by Subscriber, ESChat will dedicate at least one (1) senior technician to provide remedial Services until the issue is resolved. This shall only apply to issues classified as severity 1 or severity