SUPPORT AND MAINTENANCE TERMS

1. DEFINITIONS.

• “Add-On Products” as used herein means software modules or services provided by Good or its partner with functionality and features that are supplemental or additional to core Software functionality and may be enabled or disabled or held back without delivery by Good without disrupting a Customer’s use of such Software functionality.

• “Customer” means an enterprise or government organization that is a licensee for the Software.

• “Eligible Customer” means a Customer who is current on support and maintenance payments to Good for the entire duration of time for which Customer has had each license or a Customer that has licensed Software on a subscription term basis and has paid all applicable fees.

• “End of Life” means the date after which Good will no longer offer and Customer will no longer receive service and support for the End of Life Software. Good shall provide notice of such End of Life Software at End of Life Notices.

• “Ineligible Customer” means a Customer who is not current on support and maintenance payments to Good for the entire duration of time for which Customer has had each license or a Customer that has not remitted all fees associated with Software licensed on a subscription term basis.   An Ineligible Customer may become an Eligible Customer with Good’s written confirmation that such Customer has either satisfied its payment obligations in arrears for licenses previously purchased OR purchased new licenses at the then current license rates.

• “Major Release” as used herein means a release designated by Good as a major version release with material enhancements and/or additional features, typically designated either (i) as a change in version number to the left of the decimal and/or (ii) a release of a newly supported handset platform operating system or data source.

• “Permanent Solution” shall mean a patch, service pack, or build and is applicable where no immediate resolution or workaround can be found.

• “Provider” means Good Technology, or its affiliate, or the applicable authorized carrier or reseller.

• “Software” means the Software Customer has licensed under an Order Form that has been accepted by Good or a Good authorized reseller.

• “Supported Software” means Provider’s Software that is supported under the terms of this agreement at the level of support as specified in the applicable Order Form. Supported Software does not include Good Dynamics or Good Dynamics Third Party Applications, provided, however that Good reserves the sole discretion to modify what Software is excluded from the support and maintenance terms set forth below.

• “Supplements” as used herein means all patches, bug fixes, and minor upgrades (releases without enhancements or new features) of the Software which Good makes generally available, typically designated as a change in version number to the right of the decimal place.

• “Update Frequency” means updates provided by Good to the Customer concerning the Incident.

2. SECURE TRANSPORT SERVICES.

Good will use commercially reasonable efforts to make the data processing and electronic communication performed by Good’s network operation center with Customer’s server across a wired network and with supported handheld devices wirelessly available to Customer at least 99.50% of the time, excluding excusable downtime (e.g., scheduled maintenance or causes beyond Good’s reasonable control).

3. MAINTENANCE

                3.1       Eligible Customers:

Good will make all Major Versions and related documentation available to Eligible Customers for no additional fee when they are generally made available to Good’s other direct Eligible Customers receiving basic support and maintenance services.  Good is not required to provide new functionality or new software products, however.  Add-On Products associated with a  Major Version release may be excluded or disabled in Good’s sole discretion subject to the payment of additional license and/or support fees.

                3.2        Ineligible Customers:

Good shall have the right but never the obligation to provide Major Versions and Supplements to Ineligible Customers, in Good’s sole discretion.  In most cases, Ineligible Customers will be required to restore their good standing on support payments.  Ineligible Customers on unsupported Major Versions are at their own risk in any continued use of such versions and must become Eligible Customers to receive any currently supported Major Versions.

4. CUSTOMER'S OBLIGATIONS.

   Good will have no liability for any changes in Customer’s hardware, software, or other systems which may be necessary to use the Software due to the installation of a Supplement.  

5. SUPPORT PLANS.  

(Note: not available for all countries/carriers and some plans may not be available for all Software.) Good shall provide Eligible Customers with the elected level of support as set forth under an Order Form for the applicable Software.– Good reserves the right to modify plan features from time to time on a prospective basis:

Basic Plan

The following services are included under the Basic Plan:
Coverage. Includes Online Support Portal providing world wide web access to log support requests, to access Good’s online knowledge base of technical information and to access Good’s electronic provisioning during business hours applicable to Customer’s time zone
• Email support during regular business hours;
• Telephone Support during regular business hours;
• Technical updates containing technical bulletins and bug reports as they are made available to assist Eligible Customers in the installation
and implementation of the Software and to provide assistance concerning the identification, diagnosis,  and  correction  of  any  failure  of  the Software  to  substantially  conform  to  the  specifications  set  forth  in  Good’s  applicable documentation (an “Error”). Support will be provided by Provider only to the Eligible Customer designated contacts, as designated pursuant to an email notice to customercare@good.com (“Designated Contacts”).  At least one Designated Contact will be identified who can be reached 24x7.  An Eligible Customer may change the identity of any Designated Contact upon email notice to Provider sent to customercare@good.com, provided that at no time will the number of Designated Contacts exceed two (unless optional levels of support are procured – see below).  Each Customer will be responsible for providing technical support directly to its users.

Error Correction. Good will use commercially reasonable efforts to correct any material errors or problems identified by Eligible Customers (each an “Incident”) in accordance with the priority level reasonably assigned to such Incident by Good.  Customers will notify Provider promptly of any suspected Incident and will provide sufficient detail to allow Provider to reproduce the Incident on its systems (an “Incident Report”).  Provider may perform remote diagnostics to determine the existence and nature of an Incident, subject to the Customer’s reasonable security policies.   Provider is not required to provide Customers any support, maintenance, or other services that are not expressly provided for in these Support and Maintenance Terms or under the Agreement. If additional support services are necessary, Good and Customer shall agree upon the terms for providing such services under an Order Form.  Good shall also have the right but never the obligation to provide Incident corrections and Supplements to Ineligible Customers, in Good’s sole discretion.

Exclusions. Provider will have no obligation of any kind to provide support services for problems in the operation or performance of the Software caused by any of the following (each a “Customer-Generated Incident”): (i) non Good software or hardware products or carrier network and setup issues; (ii) alteration, damage, or modification to the Software not made or authorized by Good; (iii) problems caused by Customer’s negligence, abuse or misapplication, (iv) Customer’s use of the Software other than as permitted by the License, by law or as provided in the Documentation, or (v) failure to timely install Supplements. If Good determines that it is necessary to perform support services for a problem caused by a Customer-Generated Incident, then Good will so advise Customer as soon as reasonably possible and Good will have the right to: (a) decline to provide such services; or (b) by agreement with Customer use reasonable efforts to perform such services and invoice Customer at Good’s then current standard time and materials rates for such services.

Backward Compatibility.  Provider has no obligation to support, host or maintain any version of the Software for more than one (1) year after a 12-month End-of-Life notice is issued.  Moreover, Good may require the installation and deployment of the appropriate Supplements as a condition to its support obligations. Ineligible Customers on unsupported versions are at their own risk in any continued use of such versions and must become Eligible Customers to receive any currently supported versions.

Extended 24X7 Plan

Includes all of the services of the Basic Plan described above as well as:
4 Designated Contacts – Customer can designate 2 additional individuals who can contact Good for support.
24 x 7 Support – Live phone and email support and web-based self-service is available from Good 24 hours a day, 7 days a week.
Upgrade Notification – Notification of availability of software upgrades and service releases.

Extended Plus Plan

Includes all of the services in the Extended 24/7 Plan as well as:
6 Designated Contacts – Customers can designate 2 additional individuals (for a total of six) who can contact Good for support.
Proactive Monitoring – Proactive notification by Good of instances when the server disconnects from the network operation center.
Priority Queuing – Priority status when calling for telephone support

Premium Plan

Includes all of the services described for the Extended Plus Plan as well as:
8 Designated Contacts – Customer can designate 2 additional individuals (for a total of eight) who can contact Good for support.
Designated Technical Account Manager –A single point of contact for regular ongoing communication and resolution of any outstanding issues.
New Release Previews – Early access to new releases via  electronic download site.

Support Plan Chart Overview of services:

PRIORITY DEFINITIONS FOR INCIDENTS:

Target Incident Response\Resolution\Solution Times for the Support Plans:
Provider will use commercially reasonable efforts to meet the timelines posted below based on the Support Plan designated for the Software on the Order Form.

Basic Plan

Extended 24x7 Plan/Extended Plus Plan

Premium Plan

NOTES:

1.     Customer configuration issues are not covered by the priority definitions and response\resolution\solution times listed above. Reasonable efforts will be made by Good to assist the Customer and highlight any configurations issues
2.     Priority definitions will be mutually agreed upon between the Customer and Good
3.     The target times stated for response, resolution and solution are applicable when the issue resides with Good, i.e. issue has been logged, verified and validated and Good is not waiting for further information from the Customer