Orca  Maintenance and Support Program Standard 

(v 2016 .1 )

1. Definitions

Capitalized terms not otherwise defined in this Maintenance and Support Program are as defined in the applicable license agreement for the Software.
“Error” means a failure of the Software to conform to its specifications as described in the applicable Documentation, where failure is demonstrable in the environment for which the Software was designed and causes it to be inoperable, to operate improperly in the environment for which it was designed, or produces results different from those described in the documentation provided with the Software (“Documentation”). The specific Severity Levels are set forth below. Failure resulting from Customer’s negligence or improper use of the Software, modification or damages to the Software by Customer, or Customer’s use of the Software on a platform or with an operating system other than the designed platform in the Documentation or in combination with any third party software not provided by Orca are not considered Errors.
“Minor Release” means a generally available version of the Software released by Orca to its end user customers which is identified by a new numeral to the right of the decimal point (e.g., 6.1).
“Major Release” means a generally available version of the Software released by Orca to its end user customers which is identified by a new numeral to the left of the decimal point (e.g., 6.0).
“Release” means a Major Release or a Minor Release.
“Business Hours” means 8 a.m. to 5 p.m. Central Time, Monday through Friday, excluding Orca holidays.

2. Technical Support

Subject to payment of License Fees, Orca will provide Customer with the Support Services described below:
(a) Orca Obligations
Customer will receive unlimited technical support and Customer will report incidents hereunder via, in order of preference, the Orca Customer Support Online Portal, e-mail or telephone for the purpose of problem identification, correction and assistance from Orca for the Software. Response time for initial Orca return contact and target resolution will be as set forth below. All assistance will be given in English only to two (2)

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named employees of Customer. Each named employee will have sufficient knowledge of the Software. Named employees may be changed by written notice to Orca. Each employee will have appropriate knowledge and training.
(b) Customer Obligations
In order to properly identify and resolve errors, Customer will provide Orca with the following information:
 Incident severity as determined by Customer using definitions included below
 Contact name and preferred contact information
 Product and version
 Operating platform, and other environment specifications including third-party products involved
 Sample data, log files and sample code, if applicable
 Test case or step-by-step instructions to reproduce problem

3. Escalation Procedures

The following definitions of support levels are to be used as guidelines by Customer and Orca personnel to define each party’s obligations before any problem or issue will be escalated to the next defined level. The activities identified are the minimum required and, upon the mutual agreement of both Orca and Customer, can be supplemented by further actions during the course of the investigation in order to affect a resolution for the issue or problem. However, Customer may in good faith escalate any issue to any reasonable level at any time based on the impact to Customer’s business if in Customer’s reasonable determination escalation is required.
(a) Support Levels
 First Level Support – First Level Support will be provided by Orca’s support center. Orca’s First Level Support will include product information, configuration guidance and assistance, product and problem analysis, fact and information gathering for correction of problems, as well as attempting to duplicate the problem.
 Second Level Support – If a problem cannot be resolved with First Level Support, Orca will provide Customer with a designated Service Manager to provide detailed, in-depth product and problem analysis/solutions and will use commercially reasonable efforts to correct problems.
 Third Level Support – If a problem cannot be resolved with Second Level Support, Orca will provide Customer with full access to Orca’s senior technical staff for final confirmation and resolution of problem analysis and to formally escalate any unresolved problems to Orca’s senior management and allocate additional resources, taking into account the severity of the failure.
(b) Severity Designations

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Severity 1
Error renders the Software inoperable. The Software cannot be used and no usable work-around exists. Resulting situation is critical to the operation of the business.
Severity 2
A major Software function cannot be used or seriously impacts Customer operations, but a usable work-around exists. Resulting situation has some substantial and adverse impact on operation of the business, and the work-around allows business to continue with restrictions.
Severity 3
The Software causes Customer negligible immediate impact, yet is desirable to resolve the failure because of restrictions to operations or usability issues to Customer personnel. This does not include minor cosmetic flaws, enhancement suggestions or questions about the operation of the products.
(c) Response Times
 Severity 1 – For Severity Level 1, Orca’s response time will be two (2) Business Hours from the receipt of Customer’s initial report with regular status updates. An action plan will be developed generally within two (2) Business hours after recreation of the error condition.
 Severity 2 – For Severity Level 2, Orca’s response time will be four (4) Business Hours from the receipt of Customer’s initial report with regular status updates as determined by Customer (or upon a significant development). An action plan will be developed within four (4) Business Hours after reproduction of the error condition.
 Severity 3 – For Severity Level 3, Orca response time will be two (2) business days from the receipt of Customer’s initial call with status updates based on priority of the Severity Level 3 error. Orca will use commercially reasonable efforts commensurate with the nature of the problem to solve the problem for inclusion in the next unfrozen Release.

4. Technical Support Contact Information

Orca Online Support Portal – http://support.Orcaconfig.com
E-Mail – [email protected]
Telephone Support –512-986-7808.

5. Maintenance

All Releases of the Software made available by Orca to Customer pursuant to this Maintenance and Support Program will be supplied to Customer (a) at no additional charge for Subscription Licenses during the applicable Subscription Term, and (b) at Orca’s then-current rates for Perpetual Licenses during a Perpetual Term. Notwithstanding anything to the contrary herein, Customer at it sole discretion, may elect whether to install any Release provided to it by Orca, provided that unless separately agreed to in writing Orca will have no obligation to support a superseded Release in excess of the time periods set forth below. Orca will notify Customer whenever any Releases are available for installation by Customer and will make such Releases available to Customer at the same time as Orca makes such Release available for use by any other customer of Orca subject to this Maintenance and Support Program. At the time that Orca notifies Customer of any

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Release, Orca also will advise Customer of any modifications to Customer’s operating platforms that are necessary in order to ensure that the Software continues to function as set forth in the Documentation should Customer, at its sole discretion, elect to install such Release.
Orca Supported Releases include: (i) the then-current Major Release (with any subsequent Minor Releases of the Software (“Current Version”), (ii) the previous Major Release for a period of 18 months after release of the Current Version, and (iii) two previous Major Releases of the Software for a period of 12 months after release of the Current Version.