2015/04/29 Council Agenda Packet

Support and Maintenance Terms and Conditions The following document describes the terms and conditions under which you will receive support and maintenance services from Magnet Forensics Inc.("Magnet Forensics") in relation to software purchased by you from Magnet Forensics and subject to Magnet Forensics's User Agreement. 1. DEFINITIONS yU 1.1 "Software"means the software licensed to you by Magnet Forensics pursuant to the terms and conditions of the User Agreement. 1.2 "Term"means: (a)the initial thirty(30)day period after your purchase of the Software,and (b)the period for which you have purchased support and/or maintenance services from Magnet Forensics,if any. 1.3"Updates"means software releases from Magnet Forensics,identified by Magnet Forensics as updates,which supplement a version of Software that you have obtained from Magnet Forensics and that may correct defects, bugs or programming errors in such version of Software or provide minor increases in functionality for such version of Software. 1.4"Upgrades"means software releases from Magnet Forensics, identified by Magnet Forensics as upgrades,which replace a version of Software that you have obtained from Magnet Forensics with a newer version of such Software. 1.5"User Agreement"means the user agreement under which Magnet Forensics provided the software to you,either by providing you with the user agreement or by • providing you with access to the user agreement 2.SUPPORT AND MAINTENANCE SERVICES 2.1 During the Term,subject to the payment of all applicable fees and subject to the restrictions set forth herein,Magnet Forensics will provide support and/or maintenance Nervices,as agreed upon by the parties on Magnet Forensics's purchase form.Support and maintenance services consist of the following: Support Services: (a)Advice provided telephonically and by e-mail on the use and maintenance of the Software where such Software is not operating in accordance with its specifications; (b) Instruction provided telephonically and by e-mail on the use and maintenance of the Software where such instructions are not included in the documentation accompanying the Software;and (c) Guidance on software failure diagnoses and suggestions for Software error correction provided telephonically and by e-mail;and (d)Commercially reasonable efforts to correct any defects in the Software which prevent the Software from operating in accordance with its specifications(including the provision of Updates or Upgrades where necessary to correct a defect in the Software which prevents the Software from operating in accordance with its specifications). Support services may take the form of specific bug fixes,special releases to remedy defects in the Software or,where bugs or defects are not critical (as determined in Magnet Forensics's sole discretion)inclusion of fixes in a future scheduled release of the Software. Maintenance Services: (a)the provision of Updates to the Software including,without limitation,enhancements to the Software. (b)where specifically agreed upon by you and Magnet Forensics in your support and maintenance purchase form,the provision of Upgrades to the Software. 2.2 Magnet Forensics's obligations to perform the support and maintenance services hereunder,as applicable,will apply only to the Software provided to you by Magnet Forensics and not to peripheral data or any third party hardware or software.Support and maintenance services shall be available between 8:30 a.m.to 5:30 p.m., Eastern Time, Monday to Friday,excluding Canadian statutory or national holidays (each a"Business Day"). 2.3 The following services(the "Excluded Services")are specifically not included in the support and maintenance services: (a)advice or instructions related to general usage of the Software;