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2 <br /> 3.4 Termination for Lack of Funds.For government or a. Tier 1 Support Provided by Licensee <br /> government-owned entities only,either party may <br /> terminate this ELA for Lack of Funds.Lack of Funds 1. Licensee shall provide Tier 1 Support through <br /> is the inability of Licensee to secure appropriation of the Tier 1 Help Desk to all Licensee's authorized <br /> funds through the legislative or governing body's users. <br /> approval process for annual payments due. <br /> 2. The Tier 1 Help Desk will use analysts fully <br /> trained in the Software they are supporting. <br /> 4.0—ENTERPRISE PRODUCT UPDATES <br /> 3. At a minimum,Tier 1 Support will include those <br /> 4.1 Future Updates.Esri and its Authorized Distributor activities that assist the user in resolving how-to <br /> reserve the right to update the list of Enterprise and operational questions as well as questions on <br /> Products in Table A by providing written notice to installation and troubleshooting procedures. <br /> Licensee.Licensee may continue to use all Enterprise <br /> Products that have been Deployed,but support and 4. Tier 1 Support analysts will be the initial points <br /> upgrades for deleted items may not be available.As of contact for all questions and Incidents.Tier 1 <br /> new Enterprise Products are incorporated into the Support analysts shall obtain a full description of <br /> standard program,they will be offered to Licensee each reported Incident and the system <br /> via written notice for incorporation into the configuration from the user.This may include <br /> Enterprise Products schedule at no additional charge. obtaining any customizations,code samples,or <br /> Licensee's use of new or upda Pd Enterprise Products data involved in the Incident.The analyst may <br /> requires Licensee to adhere to applicable additional also use any other information and databases that <br /> or revised terms and conditions of the License may be developed to satisfactorily resolve <br /> Agreement. Incidents. <br /> 4.2 Product Life Cycle.During the term of this ELA, 5. If the Tier 1 Help Desk cannot resolve the <br /> some Enterprise Products may be retired or may no Incident,an authorized Tier 1 Help Desk <br /> longer be available for imlimited quantity individual may contact Tier 2 Support.The <br /> Deployment.ELA Maintenance shall be subject to Tier 1 Help Desk shall provide support in such a <br /> the individual Product Life Cycle Support Status and way as to minimize repeat calls and make <br /> Product Life Cycle Support Policy,which can be solutions to problems available to Licensee. <br /> found at http://resources.arcais.com/content/ <br /> product-life-cycles.Updates for Enterprise Products 6. Tier 1 Help Desk individuals identified by <br /> in the mature and retired phases may not be available; Licensee are the only individuals authorized to <br /> however,Licensee may continue to use Deployed contact Tier 2 Support.Licensee may revise <br /> Enterprise Products for the term of this ELA,but named individuals by written notice. <br /> Licensee will not be able to Deploy retired Enterprise <br /> Products. b. Tier 2 Support Provided by Esri or Its Authorized <br /> Distributor <br /> 5.0-ELA MAINTENANCE 1. Tier 2 Support shall log the calls received from <br /> Tier 1 Help Desk individuals. <br /> ELA Maintenance is included with the ELA Fee.ELA <br /> Maintenance includes standard maintenance benefits 2. Tier 2 Support shall review all information <br /> specified in either(i)the most current applicable Esri collected by and received from Tier 1 Help Desk <br /> USA Software Maintenance Program document(found at individuals including preliminary documented <br /> http://www.esri.com/legal)for USA-based Licensees or troubleshooting provided by Tier 1 Help Desk <br /> (ii)the applicable Authorized Distributor software when Tier 2 Support is required. <br /> maintenance policy as modified by this Article 5.0—ELA <br /> Maintenance.At Esri's sole discretion,Esri may make 3. Tier 2 Support may request that Tier 1 Help <br /> patches,hot fixes,or updates available for download.No Desk individuals provide verification of <br /> Software other than the defined Enterprise Products will information,additional information,or answers <br /> receive maintenance under this ELA.Licensee may to additional questions to supplement any <br /> acquire maintenance for other Software(non-Enterprise preliminary information gathering or <br /> Products)outside this ELA. troubleshooting performed by Tier 1 Help Desk. <br /> E214-3(Level 3) Page 4 of 6 02/27/2014 <br /> 31 <br />