Last Updated: 12 August 2024

 

Part A - Stamus Networks Maintenance and Support Terms 

1. Stamus Networks will provide all Maintenance Releases no later than the date on which they become available. 
2. Stamus Networks will provide 10 hours a day/5 days a week email assistance at support@stamus-networks.com or support.stamus-networks.com for general advice and technical support, as well as technical assistance and remediation for operational issues as further described below. Normal support hours are 8am to 6pm.
3. Stamus Networks will correct all problems that are reported by Customer or of which Stamus Networks otherwise becomes aware in accordance with the following: 

Priority 1: The Product is not working; a significant function of the Product is not properly working or a significant number of end users are unable to access or use some functionality. 

Response and Fix Time: Stamus Networks will respond to and Stamus Networks’s senior engineers will commence efforts to fix Priority 1 problems no later than one (1) hour after Customer’s report of such problem if reported during normal support hours, or within one (1) hour of the beginning of the next business day if reported outside of normal support hours. Stamus Networks will use best efforts, to provide an acceptable work-around for the Priority 1 problem, and will provide a permanent fix for the Priority 1 problem no later than thirty (30) days after Customer’s report of such problem or Stamus Networks’s detection of such problem, whichever is earlier. 

Priority 2: Functionality of the Product is impaired, or some end users are unable to access or use some functionality. 

Response and Fix Time: Stamus Networks will respond to and Stamus Networks’s senior engineers will commence efforts to fix Priority 2 problems no later than one (1) hour after Customer’s report of such problem if reported during normal support hours, or within one (1) hour of the beginning of the next business day if reported outside of normal support hours. Stamus Networks will use reasonable efforts to fix Priority 2 problems during normal business hours, and if an acceptable work-around is provided, will provide a permanent fix of the Priority 2 problem no later than thirty (30) days after Customer’s report of such problem or Stamus Networks’s detection of such problem, whichever is earlier. 

Priority 3: Low impact to end users of the Product. 

Response and Fix Time: Stamus Networks will respond to Priority 3 problems within four (4) hours after Customer’s report of such problem if reported during normal support hours, or within four (4) hours of the beginning of the business day if reported outside of normal support hours. Stamus Networks will fix Priority 3 problems no later than thirty (30) days after Customer’s report of such problem or Stamus Networks’s detection of such problem, whichever is earlier, and if an acceptable work-around is provided, will provide a permanent fix of the Priority 3 problem in the next Maintenance Release. 

The priority level of the problems reported by Customer will be determined by Stamus Networks. If Stamus Networks fails to comply with this Section 3 in any given month, Customer, at Customer’s option, will be entitled to (a) promptly receive a credit or refund of Maintenance and Support fees attributable to the month of such noncompliance or (b) terminate Maintenance and Support and receive a refund of the prorated portion of any prepaid, unearned fees. 

4. Stamus Networks agrees that support will, at a minimum, include technical assistance and remediation for (a) the current release of the Software and (b) the two immediately preceding releases of the Software and any release of the Software that was generally available at any time during the twelve (12) month period immediately prior to the commercial introduction of the most recent release of the Software.  If a fix to a Priority 1 or Priority 2 problem includes upgrading to the latest release of software Customer agrees to implement said upgrades.
5. Stamus Networks will, in accordance with industry best practice, maintain detailed and comprehensive contingency plans against events that could affect the ability of Stamus Networks to provide Maintenance and Support in accordance with this Exhibit, including, without limitation, loss of production, loss of systems, loss of equipment, industrial relations problems with Stamus Networks’s or Stamus Networks’s subcontractors’ personnel, failures in the supply chain, failure of carriers and the failure of Stamus Networks’s or its subcontractors’ equipment, computer systems or business systems. 
6. Stamus Networks will provide such additional technical assistance and remediation services to Customer as Stamus Networks may provide from time to time to its other licensees of any of the Products. 

Part B - Hardware Support

1. Stamus Networks has subcontracted next day on site repair or replacement hardware support to Dell.  The “Dell EMC Pro Support for Enterprise” document is appended to this agreement and outlines the Dell procedures to be followed to secure support.
2. If, after following the procedure set forth in Part A, Stamus Networking and Customer believe the issue is hardware related Customer must contact Dell directly to receive prompt hardware support.
3. In the normal course of business the Dell service tag found on the rear of each appliance purchased by Customer will be transferred to Customer within 90 days of shipping the product.  The Dell service tag of each appliance will be associated with the address that Customer directed Stamus Networks to ship to.
4. In the event that there is a hardware problem before 90 days has transpired Stamus Networks will initiate the transfer of the Dell support tag to Customer within one (1) hour.
5. It is Customers responsibility to contact Dell support and update the location of any appliance if Customer chooses to move any appliance from one location to another. 

Part C -  Additional Terms for Professional Services and Access to Customer Resources 

1. Customer Data, Systems and Facilities. 
   
   a. For any data provided by Customer in connection with the Professional Services (“Customer Data”), Stamus Networks will (i) use the Customer Data solely as necessary to provide the Professional Services to Customer and for no other purpose, (ii) use industry standard safeguards (at technical, administrative and physical levels) that protect the Customer Data from unauthorized disclosure, (iii) promptly notify Customer of any security breach affecting Customer Data and (iv) at Customer’s request, make available the Customer Data to Customer in a standard format (as requested by Customer) and thereafter destroy all Customer Data in Stamus Networks’s possession or control.
   
   b. Access, if any, to any software, systems or hardware of Customer or its Affiliates or contractors (“Customer Systems”) is granted solely to allow Stamus Networks to provide the Professional Services and is limited to those specific Customer Systems, time periods, and personnel as are separately designated by Customer in writing from time-to-time. In connection with access to Customer Systems, Stamus Networks will comply with all business control and information protection policies, standards, and guidelines as may be provided by Customer.
   Stamus Networks will not use Customer Systems during other time periods or allow use by individuals not authorized by Customer. Any other use of any Customer System is expressly prohibited. 
   
   c. Stamus Networks warrants that it has adequate security measures in place to comply with the above obligations and to ensure that its use of Customer Systems or Customer Data will not impair the integrity and availability of Customer Systems or Customer Data. 
   
   d. If Stamus Networks is granted access to Customer facilities, Stamus Networks will comply with any safety, control, protection, and other policies and guidelines as Customer may provide from time to time. 
   
   e. Without Customer’s prior written consent, Stamus Networks may not subcontract any Professional Services if the subcontractors would receive access to any Customer Data, Customer Systems or Customer facilities. 
   
   f. Stamus Networks may not transfer or disclose any Customer Data to any Stamus Networks assignee or other third party without Customer’ express prior written consent. 
   
   
2. Records and Audit. Stamus Networks will keep and maintain complete and accurate records in connection with its provision of the Professional Services (including its compliance with this Exhibit B) and all fees charged to Customer under this Agreement and will retain the records for at least three (3) years after the amounts documented in the records become due. Customer may audit those records during regular business hours upon reasonable advance notice and subject to reasonable confidentiality procedures. Customer may not audit Stamus Networks more than twice per year unless any audit reveals a noncompliance.