Unless otherwise defined herein, defined terms shall have the meaning in the applicable BeyondTrust Software License and Subscription Agreement. BeyondTrust reserves the right to alter, modify, revise, and/or update this link and/or the scope of support services in its discretion.
Scope of Support Services. Subject to Customer’s payment of the applicable Support Services fees, the Support Services will include the following: (i) access to the current online and print Documentation; (ii) on a periodic basis, BeyondTrust may provide available updates, patches, upgrades, and modifications to the to the Software as they are available for general release; (iii) an online Support Service portal for Customer access; (iv) telephone access during designated hours as set forth in the applicable BeyondTrust support policy; and (v) BeyondTrust shall correct errors in the Software, and/or repair or replace (as Bomgar determines in its discretion) defective Hardware.
Limitations: Support Services do not include BeyondTrust investigating, remedying, or attempting to alleviate the consequences of: (a) the improper or negligent use or operation of the Software and/or Hardware; (b) the modification, repair, adjustment, or alteration of the Software and/or Hardware by anyone other than BeyondTrust except where approved or recommended by BeyondTrust; (c) the use of the Software and/or Hardware outside of the minimum environment requirements necessary to allow the Software and/or Hardware to operate in accordance with their specifications, (d) the failure by Customer to implement recommendations made by BeyondTrust in relation to Software and/or Hardware, (d) the failure by Customer to upgrade the Software with new versions of it in substitution for previous releases when recommended to do so by BeyondTrust; provided that, Customer shall be provided a commercially reasonable period of time to implement such upgrades, or (f) the use, combination, or integration of the Software and/or Software with hardware or software not provided or otherwise approved or recommended by BeyondTrust. Any repairs or corrections for difficulties or defects necessitated and traceable to Customer's errors or Software or Hardware changes by Customer, including but not limited to the above, shall not be included as Support Services, but rather shall be billed to Customer at BeyondTrust’s normal hourly rate then existing for such services. BeyondTrust shall not be obligated to repair or replace Hardware if: (i) Customer’s Hardware is three years old or older, or (ii) three years has passed from the delivery date of the original Hardware to Customer. Unless otherwise agreed by the parties in writing, Support Services do not include onsite service visits by BeyondTrust at Customer's location. Support Services do not include the costs of installation or training which may be purchased separately by Customer from BeyondTrust. To the extent applicable, BeyondTrust reserves the right to make automatic updates to the Software to address critical updates.
Responsibilities. Customer agrees (i) to maintain the Software in good working order in compliance with minimum system requirements as set forth in the Documentation, (ii) to supply BeyondTrust with access to and use of information and personnel reasonably required by BeyondTrust to render the Support Services, and (iii) to reasonably perform and tests or procedure recommended by BeyondTrust for the purpose of identifying and/or resolving any problems.
BeyondTrust Support Services v. 1.1.19