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SOFTWARE SUPPORT and MAINTENANCE POLICY

This document describes Portrait Software's program for providing annual support and maintenance ("Support") for licensees of Portrait Analytics, Uplift Optimizer, Self-Service Analytics and Interaction Optimizer (the "Software").

This policy may be varied from time to time. The current policy definition is always available at http://support.quadstone.com/info/support.

1. SOFTWARE SUPPORT AND MAINTENANCE PROVIDED
  1. Portrait Software will use reasonable efforts to provide its licensee with technical advice and assistance in connection with their use of the Software according to severity level.

    Severity One: The Software has ceased to work, which prevents performance of critical day-to-day business activities. Portrait Software will allocate a member of staff to investigate the problem upon notification and will use all commercially reasonable efforts to provide either a practical solution or a work-around within 4 working hours. If this is not achieved, a full-time resource will be allocated to the problem until either a practical solution or a work-around is provided. If a solution or work-around cannot be provided within one working day, then onsite support may be provided if it is determined by Portrait Software to be beneficial to resolving the problem. Status reports will be made on a daily basis for as long as the problem remains unresolved.

    Severity Two: An essential function of the Software has ceased to work. Portrait Software will allocate a member of staff to investigate the problem upon notification and will use all commercially reasonable efforts to provide either a practical solution or a work-around within 2 working days. If this is not achieved, Portrait Software will allocate a full-time resource to the problem until either a practical solution or a work-around is provided. Status reports will be made on a weekly basis for as long as the problem remains unresolved.

    Severity Three: The Software is causing a problem that is only having a minor impact on normal operating activities of the Software (such as a function of the Software has ceased to work as efficiently as previously). Portrait Software will, on request, allocate a member of staff to investigate the problem upon notification and will use commercially reasonable efforts to provide either a practical solution or a work around within 5 working days. Status reports will be made on a weekly basis for as long as the problem remains unresolved.

  2. Support shall be available from the following sources:
    • Email: support@portraitsoftware.com
    • World Wide Web: support.portraitsoftware.com
    • Free Phone Numbers:
      • USA 1 800 335 3860
    • Other Contact Numbers:
      • Telephone (All) +44 131 240 3140
      • Telephone (US and Canada) +1 617 457 5200
      • Fax (All) +44 131 220 4492
      • Fax (USA and Canada) +1 617 457 5299
  • Support is available in the US and Canada between the hours of 9 a.m. and 6 p.m. EST, and in Europe between the hours of 9 a.m. GMT (10 a.m. CET) and 5:30 p.m. GMT (6:30 p.m. CET), Monday to Friday each week, (with the exception of Portrait Software company holidays). For requests received by phone, fax or email, Portrait Software's intent is to provide an initial response within four business hours.
  • Portrait Software will provide licensees of the Software with all updates, upgrades and enhancements to the Software which it makes generally available under Support, together with all required amendments to the associated documentation.

  • 2. SOFTWARE SUPPORT AND MAINTENANCE LIMITATIONS
    Support specifically excludes:
    • defects or errors resulting from any modifications of the Software made by any person other than Portrait Software;
    • any version of the Software released by Portrait Software more than twelve (12) months prior to the release date of the most current minor release of the Software;
    • incorrect use of the Software or operator error;
    • any fault in the customer's use environment or in any Software used in conjunction with the Software; and
    • defects or errors caused by the use of the Software on or with computer hardware or databases (other than hardware or databases specifically approved for use by Portrait Software (Please go to http://support.quadstone.com/info/requirements/ for a complete list of approved hardware and databases) or Software not supplied by or approved in writing by Portrait Software.
    • direct support for Portrait Analytics Results Viewers and Result Viewer Plugins for users without a Portrait Analytics client license.

    Additionally, Support does not include training or any technical advice or assistance with respect to data analysis methodologies. This assistance is available from Portrait Software's Professional Services Group at then-current rates.


    3. OBLIGATIONS OF LICENSEES
    Portrait Software's Support Software requires that licensees shall:
    • ensure that the Software is used in accordance with the terms of the applicable license agreement between the licensee and Portrait Software;
    • keep full security copies of the Software and of the licensee's databases and computer records in accordance with best computing practice;
    • not request, permit or authorize anyone other than Portrait Software to provide any maintenance or support services for the Software;
    • co-operate fully with Portrait Software's personnel in the diagnosis of any error or defect in the Software; and
    • make available to Portrait Software, free of charge, all information, facilities and services reasonably required by Portrait Software to enable Portrait Software to perform the Support services described in this policy.

    4. DISCONTINUATION OF SOFTWARE SUPPORT

    Portrait Software may, from time to time in its sole discretion, decide to discontinue Support for one or more of its Software products. In such event, Portrait Software shall:

    • Use commercially reasonable efforts to provide written notice ("Notice") to its licensees of the Software for which Support shall be discontinued of its decision to discontinue Support; and
    • Offer its licensees of such Software the option to purchase Support from Portrait Software for a final twelve-month period beginning on a date specified in the Notice (which date Portrait Software intends to be three (3) months from the date of the Notice) in consideration of a one-time Support fee equal to fifty percent (50%) of the then-current annual Support fee for the Software.

    5. REINSTATEMENT OF LAPSED SUPPORT

    Should a licensee of the Software terminate Support from Portrait Software, then seek to reinstate Support, Licensee must

    • Pay Portrait Software all Support fees that would have been due to Portrait Software during the intervening period had the licensee not terminated Support; and
    • Pay Portrait Software a one-time reinstatement fee equal to twenty-five percent (25%) of the then-current annual Support fee for the Software.