CUSTOMER SUPPORT POLICIES
FOR EZROBOTICS SOFTWARE
means the License Agreement pursuant to which Customer ordered EZROBOTICS Software and Services.
AMC (“Annual Maintenance Charge”) is a yearly charge for Support Services. With the purchase of the PLC, the Customer is exempt from paying the AMC for the first year. After the initial year term, Support Services will require payment of the AMC. Payment of the AMC for Software entitles Customer to: (a) Support Services for the Software for one year; and (b) A license to use the Release of such Software made available by EZROBOTICS during such year, in lieu of the license(s) on the previous Release(s) of the Software delivered to the Customer. Without the AMC, the Customer may still use the current version and last release of the Software prior to the termination of the Support Services, but will not receive any Support Services from EZROBOTICS or the Distributor.
Company or EZROBOTICS means EZROBOTICS Co., Ltd., a South Korean company with its registered office at #1101, D-dong, Digital Empire Bldg., 16, Deogyeong-daero 1556beon-gil, Yeongtong-gu, Suwon-si, Gyeonggi-do, Korea.
Defect (or “Bug” or “Error”) means a material malfunction in the performance of Software, as performance is described in its Documentation, and which is reported in accordance with the support policy and reproducible by EZROBOTICS.
Customer also designated by the term “You”, “Your”, means any legal entity, which is licensed the Software pursuant to the Agreement.
Distributor (or “Sub-Distributor” or “Reseller” or “VAR”) means EZROBOTICS’s authorized distributor identified in the Quote submitted to Customer for the Software.
Documentation Documentation means, at any time, the current user documentation in any form or media as made available by EZROBOTICS for use in connection with Software.
General Maintenance Release means periodic update of the same version of a Software which mainly includes the correction of Error(s) for a given Release, if and when made generally available to the market.
Initial Response Time means the amount of time elapsed between the initial Service Request submitted by Customer to the Distributor and/or EZROBOTICS, and the initial response to Customer by the Distributor and/or EZROBOTICS, in connection with such Service Request. It corresponds to the first feedback to a Customer with the first steps of troubleshooting and incident determination.
EZROBOTICS Support Team composed of technical experts, can comprise several organizations within EZROBOTICS Co., Ltd. depending upon the type of Service Request issued by Customer.
EZROBOTICS Research and Development is the organization covering all brands and in charge of developing new EZROBOTICS Software and providing Point and/or General Maintenance Releases (Defect/Bug correction).
License Status means the type of license provided for the purchased software. The license status will be dependent upon the terms and conditions related to the purchase and/or extension of the annual subscription Support Services provided to the Customer. There are two licenses statuses: subscription and perpetual.
Subscription License refers to licenses that are still receiving Support Services, whether that is due to the initial purchase of the license or extending the Support Services via the payment of the AMC, and are updated on a periodic basis in line with the Support Services provided.
Perpetual License refers to licenses that do not have an expiration due to the Customer opting to waive the subscription services via an official letter to EZROBOTICS stating that the Customer would like to stop the Support Services and/or via an official request to change the License Status from Subscription to Perpetual while retaining the Support Services but preferring not to receive license updates unless necessary.
Non-Defect means any incident encountered in relation with use of any Software and which is not qualified as a Defect. For avoidance of doubt, it shall not include: training on Software, support regarding any customized versions of Software, development of new Software or methodologies, enhancements requests, information about future Software Point and/or General Maintenance Releases, enhancement requests and the development of in-depth methodologies. Support for the development of customization and/or new applications using EZROBOTICS DMWorks and/or LSA Solution tools can be arranged under a separate agreement.
Platform is a third-party hardware architecture and/or a third-party software framework which allows the Software to run. Platforms can include one or several of the following hardware and/or software components such as hardware architecture, operating system (including national language parameter settings), programming languages and frameworks, runtime libraries, application servers, databases, and other middleware.
PLC (“Primary License Charge”) means the charge applicable for each license of each Software ordered under the PLC/AMC pricing structure. The PLC is a one-time, non-refundable charge. Payment of the PLC for Software provides Customer with perpetual license to use the Release of such Software made available by EZROBOTICS.
Point Release means a minor release of a Software which can include specific correction of Error(s), targeted fixes, or small cleanups for a given Release of a Software.
Release means any period and/or maintenance updates of the same version of a Software if and when made generally available to the market.
Service Request means a single entry in the Support tool (subject to temporary unavailability for system maintenance), submitted for a single incident, by Customer and validated and registered by the Distributor and/or EZROBOTICS.
Software means (i) any DMWorks and LSA Solution software belonging exclusively to EZROBOTICS or its licensors, for which a license is ordered by and provided to Customer pursuant to the Agreement, consisting of instructions or databases in machine readable form; (ii) associated Documentation; (iii) Point Releases; and (iv) General Maintenance Releases. Software does not include new versions of Software, including any successor product which significantly differs in architecture, user interface, or mode of delivery.
ST means the Software Terms which are specific terms related to a Release.
Support Policies means the present document.
Support Services means the maintenance, enhancement, and/or other support services as defined in these Support Policies.
Support Service Team means, depending on the Agreement, qualified personnel from the Distributor and/or EZROBOTICS Support Team who will provide Support Services defined in these Support Policies.
Workaround means a change in the way of using Software followed procedures or data in order to avoid Defect without substantially impairing use of the Software.
These Support Polices describe the Support Services applicable to the Software ordered by Customer pursuant to the Agreement.
If Your License Agreement is not an Agreement entered into between You, the Distributor, and EZROBOTICS Co., Ltd., please refer to the support websites related to the applicable Software.
The Support Service Team will provide Support Services according to the terms of the Agreement. Support Services are delivered subject to continuous payment by Customer of all applicable charges payable pursuant to the Agreement or any additional support services contract subscribed by Customer.
Support Services are available exclusively for the supported Releases of Software when they are run on Platforms documented by EZROBOTICS as Qualified, Validated, or Compatible.
The Support Service Team will make reasonable effort to provide high quality Support Services and comply with these Support Policies.
The EZROBOTICS Support Team welcomes Your suggestion and comments, which can be sent either directly to EZROBOTICS or to EZROBOTICS via the Distributor.
2. What Support Service is Available to You under Your Agreement?
Subject to the conclusion of related agreement and payment by Customer of all applicable charges, whether that is due to the purchase of the Software where the initial year period includes the Support Service or via the payment of the AMC once the initial year period has concluded, the Support Services available to You is defined below. In the event the one-year term of the Support Services concludes or after a fixed period of time once a new major version has been launched, the Support Services and maintenance for the previous version will be concluded.
If You purchased more than one license, You must extend either all or none of the Support Services for Your licenses. Thus, if You have two licenses, You cannot extend one but not the other. Both licenses must be extended to be provided the full benefits prescribed for the Support Services detailed below.
The obligation to provide Support Services hereunder is conditioned upon EZROBOTICS first receiving the complete payment of the AMC.
2.1 New Releases
EZROBOTICS proactively corrects Defects, improve Non-Defects, enhance various features (work environment, algorithm, supplementary functions), and better the data storage methods for its self-developed Software to maintain stability and efficiency via distribution of Point Release and/or General Maintenance Releases. During the term of the Support Service, Customers are entitled to request the Point Releases and/or General Maintenance Releases for the currently purchased version of the Software.
2.2 Maintenance Regarding Defects
In the event You encounter a Defect during the Support Service period, You can contact the Support Service Team regarding Your incident via a Service Request, as outlined in Section 4, which will then be validated and registered by the Support Service Team for processing. Depending on the “Urgency Level” of the Defect, the closure of the Service Request will follow the procedure in Section 5.
2.3 Reinstallation Services for Hardware and/or Operating System Changes
During the Support Service period and if technical support is possible or feasible, reinstallation due to hardware and/or operating systems changes may be available to You. However, the Reinstallation Service is limited to cases where EZROBOTICS has developed the technology for the changes to the hardware and/or operating system.
With regards to circumstances involving a Node Lock Key, the EZROBOTICS Support Team will issue Software that can be run on the new or different hardware when You send the hardware information of the computer that requires a new installation to the Support Service Team.
With regards to circumstances involving a Network Key, the purchased Software can be installed on the computer You desire without any additional support.
2.4 Up-to-Date Documentation
During the Support Service period, You can access information, such as various technical information, User’s Manual, Tutorial Manual, Data for Tutorial, Tutorial and/or Technical Videos, and FAQs, online. Information will be updated on an as-needed basis, which can include revisions and/or corrections to previously published materials due to changes made by fixing Defects and/or Non-Defects or addendums for new features and/or functions. Additionally, the EZROBOTICS Support Team will assist the Distributor and/or You by responding to and resolving Your Support Requests.
2.5 Software Training and/or On-Site Consultation
Software Training and/or On-Site Consultation will be provided to You by Your Support Service Team during the Support Service period if necessary, however, additional fees may apply. Please contact Your Support Service Team for more information
2.6 Customer Feedback
In order to improve the performance and capabilities of Your Software and to respond to changes in Your environment, Your suggestions are greatly appreciated. You can notify Your Support Service Team regarding any feedback or suggestions. If Your feedback and/or suggestions for the Software are in line with the long-term research and development plans of the EZROBOTICS Research and Development Team, the EZROBOTICS Support Team and the EZROBOTICS Research and Development Team will review the feedback and/or suggestions, incorporate Your feedback and/or suggestions into the Company’s research and development plan, and implement them in future Releases and/or Versions.
2.7 License Changes and Replacement Licenses
In the event You wish to change the License Status or You lose Your license dongle during Your Support Services period, contact Your Distributor Support Services Team and/or EZROBOTICS Support Services Team and EZROBOTICS Co., Ltd. As long as You are in the Support Services subscription period and have send an official request letter for the change in License Status, the change of the License Status, such as from Subscription to Perpetual type, will be done free of charge. In the event that the Subscription License is damaged during your Support Service subscription period, a replacement license can be reissued for a replacement fee as long as the damaged license can be returned to EZROBOTICS Co., Ltd. In the event that the Subscription License is lost during the Support Service subscription period, a rental and reissuance fee will be charged for the time remaining for the Support Services subscription period. However, if You lose Your perpetual license dongle during Your Support Services period or after opting not to continue with the Support Service subscription, EZROBOTICS Co., Ltd. will not reissue a replacement license dongle and a new license will need to be purchased.
3. Who is Your Contact for Support Services?
The Distributor is Your primary point of contact for any Service Request related to Software unless You have dealt directly with EZROBOTICS.
3.1 Support Process Overview
Depending on the regions and countries, the Support Services may be available locally in the local language and/or in the English language.
When You contact the Support Service Team, a unique Service Request number is assigned to Your incident. This Service Request number is used for tracking the resolution process as it progresses. The Support Service Team will analyze the Service Request, and if possible, provide You with an applicable solution. However, when necessary, Service Request(s) requiring more information than available at the first-tier of support will be transferred to the appropriate people within EZROBOTICS Co., Ltd. support organization. Once the Service Request has been addressed, the Support Service Team will be responsible for delivering the response to You.
3.2 Support Team Roles
The EZROBOTICS Support Team works closely with Distributors around the world to deliver the level of Support Services to which You have subscribed.
The Distributor Support Team or, in the event the Distributor Support Team is unavailable or You have directly dealt with EZROBOTICS, the EZROBOTICS Support Team is in charge of the following:
- • Be Your primary contact
- • Collect Your incident
- • Perform the preliminary investigation of the incident to check for duplicates and known incidents
- • Provide You with answers, corrections, or workarounds as appropriate or available
- • Manage with You the closure of the Service Request
The following services are executed by the EZROBOTICS Support Team:
- • Perform deeper investigation of the Service Request reported by the Distributor
- • Provide to the Distributor answers, corrections, or workarounds as appropriate or available
- • Reproduce the incident on the Release used by You
- • Validate the resolution of the Service Request
- • Update the answers, corrections, or workarounds within the EZROBOTICS knowledge base
• If the EZROBOTICS Research and Development organization involvement is required for code analysis and corrections, the EZROBOTICS Support Team communicates to the EZROBOTICS Research and Development organization the information collected during the analysis of the incident, including the reproduction results.
4. How to Contact the Support Team?
4.1 Prerequisite to Contact the Support
You shall designate a maximum of two (2) employees as Your authorized contacts, who shall be duly trained in using the Software, in order to submit Service Requests.
Upon Your request, the Support Service Team may authorize the appointment of additional authorized contacts, depending on the number of Software.
Before accessing the Support Service, it is Your responsibility to ensure the following steps are taken:
- • Your Distributor shall contact EZROBOTICS Co., Ltd. to consult technical advice to search for the answer. Your Distributor may authorize You to consult EZROBOTICS directly.
• If the answer cannot be found, the following information must be documented:
- o The environment in which the incident occurs, including Software, module or mode, and application menu selections;
- o Your hardware type and model, operating system version, amount of RAM, Graphic Card model, and Lock Key ID;
- o Any messages that appear in the message window;
- o Your Software Version and Release;
- o A simple step by step scenario which enables the Distributor or EZROBOTICS to reproduce the incident;
- o And any additional information required to analyze the Service Request.
- • Prior to submission of a Defect/Bug to the Support Service Team, You shall validate it on a Vanilla environment which is composed of out of the box computer software installation that is not customized from its delivered form (i.e. it is used without any customizations applied to it). The Performance of this validation aims to give the Support Service Team the necessary elements to investigate Your Defect/Bug. After such validation, You may submit a Defect/Bug to the Support Service Team. When submitting, You will have to make sure that among the information sent to the Support Service Team to analyze Your Service Request, there will be no information You consider as confidential provided by You to EZROBOTICS or the Distributor, and that You do the clean-up of Your information or data if necessary.
4.2 Submitting and Tracking Your Service Request
You may be able to submit and track Your Service Requests via phone, web, and/or e-mail according to the terms and conditions applicable to the Support Service purchased.
If the Distributor authorizes You to have direct access to EZROBOTICS Support Service website, such Support Service website is available at the following address: http://eZRobotics.com/eng/support/request.asp
Performance of Support Service depends on Your full cooperation, including, without limitation, providing at no charge to EZROBOTICS Co., Ltd., safe and timely access to Your computer systems, personnel (executives and staff), facilities, utilities, Software, data, and information reasonably necessary for the performance of Support Service.
You shall ensure that You have the appropriate licenses or rights, as may be applicable, from third party licensors for third parties’ software, third parties’ data, and information in order to allow performance of Support Service hereunder. You are responsible for the accuracy and completeness of the information and data You supply. You hereby grant a license to the Distributor and EZROBOTICS Co., Ltd. to use such information and data to perform the Support Service. You acknowledge and agree that performance of Support Service is dependent upon the accuracy and completeness of Your data. You shall maintain up to date current and complete back up of any and all data and/or programs and/or software and/or information that may be affected, altered, modified, corrupted, or otherwise impacted by performance of Support Service. You shall indemnify, defend, and hold the Distributor and EZROBOTICS Co., Ltd. harmless from any action based on a claim that any materials, information, or data provided by You infringes any third party’s patent, copyright or trademark, or a misuse of any third party’s confidential, proprietary, or trade secret information.
You shall promptly verify Your Service Request resolution and validate the closure. If such action is requested by the Support Service Team, it should be provided within a certain timeframe as defined by the Support Service Team or the Service Request will be automatically closed after two notifications.
5. When Will You Receive the Answer to Your Service Request?
5.1 Understanding the Level of Urgency
When You submit a Service Request to the Support Service Team, You propose a qualification in the Service Request according to the impact of the incident regarding Your day-to-day operation.
Four levels of urgency are available:
- o Urgent: You are unable to use the Software and have severe/critical impacts on operations, and no Workaround exists
- o High: You are able to use the Software but operations are severely restricted by the incident. A Workaround exists.
- o Medium: You can use the Software with some restrictions on one or several functions. These restrictions, however, do not have a severe impact on Your operations.
- o Low: The incident causes little or no impact to Your operations, or a way to circumvent the incident has been found.
Once received by the Support Service Team, Your Service Request and related proposed qualification of its urgency level will be reviewed by the Support Service Team. You and the Support Service Team may have some discussions before the final qualification by the Support Service Team.
5.2 Initial Response Time Objectives
The Support Service Team will make commercially reasonable efforts to address Your Service Request based on its validated urgency level as follows. However, this does not constitute an obligation to correct or to solve any reported Service Requests.
- Urgency Level Initial Response Time
- - Urgent : 4 Business Hours
- - High : 4 Business Hours
- - Medium : 1 Business Day
- - Low : 2 Business Days
5.3 Service Request Closure Objectives
Point and/or Maintenance Release provides You code corrections, which may include corrections of Your Defect.
The Support Service Team analyzes the Service Request to determine how it will be addressed according to the urgency level.
o When the Service Request, qualified as a “Defect”, is determined to be of “Urgent” level, a Point Release may be created and delivered to You on submitted Release or a future Maintenance Release according to a timeframe to be determined by EZROBOTICS Co., Ltd. Service Request closure could reflect deferred corrections with a closing code to designate plans for inclusion in a future Release.
o When the Service Request, qualified as “Defect”, is determined to be of “High”, “Medium”, or “Low” level, EZROBOTICS Co., Ltd. may defer the General Maintenance Release on a future Release. Service Request closure may reflect deferred corrections with a closing code to designate plans for inclusion in a future Release.
For any incidents, once Service Request is created, the appropriate EZROBOTICS Research and Development team makes the commercial reasonable efforts to close all the Service Requests qualified as Defect according to the urgency level within a timeframe to be determined by EZROBOTICS Co., Ltd. However, this does not constitute an obligation to correct or to solve any reported incidents.
6. Termination and Reinstatement of Support Services
Customer may terminate Support Services for a Software ordered under the PLC/AMC pricing structure as defined in the License Agreement or ST as applicable, subject to the following conditions: (i) Customer notifies the Support Service Team with at least thirty (30) days prior notice, and (ii) such termination shall apply to Support Services related to all licenses of said Software held by Customer under any license agreement then in force between Customer and the Distributor and/or EZROBOTICS Co., Ltd. In such case for all such licenses described in the preceding sentence: (1) Customer shall have no further obligation to pay the Support Service fees, known as AMC, related to the corresponding Software; (2) Customer shall duly certify in writing to the Distributor and/or EZROBOTICS that all copies of all Releases of the Software other than those of the latest Release of the Software installed by Customer, have been duly destroyed or returned to the Distributor and/or EZROBOTICS in their entirety; and (3) Support Services for such Software will terminate at the expiration of the thirty (30) days’ notice period. The Support Service Team shall have no further obligation to provide any services or deliver any Release in support of any such licenses, except for providing license keys, if necessary. EZROBOTICS shall have no further obligation to provide replacement licenses according to the terms in Section 2.7 for any licenses that are lost after termination. If You decide to purchase new or additional licenses, the Support Services of all previously purchased software must be reinstated prior to the new or additional software purchase.
You may reinstate Support Services, provided such reinstatement is activated for all licenses of a given Software held by You under any license agreement then in force between You and the Distributor and/or EZROBOTICS Co., Ltd., and You pay all fees that would have been due in respect of Support Services from the date of termination of Support Services to the date of reinstatement of such Support Services, plus a reinstatement fee corresponding to eighty percent (80%) of such fees that would have been due in respect of Support Services from the date of termination of Support Services to the date of reinstatement of such Support Services.
END OF CUSTOMER SUPPORT POLICIES FOR EZROBOTICS SOFTWARE