MailFrontier Gateway Server, Small Business Edition Support Terms and Conditions
The following will apply as long as Licensee is in full compliance with the License Agreement (as defined below).  Capitalized terms not otherwise defined herein shall have the meaning set forth in the License Agreement.  MailFrontier reserves the right, from time to time, and without obligation or liability to Licensee of any kind, to change or terminate the level or type of support that MailFrontier makes available for the Software.

1. SUPPORT SERVICES.
Support Services consist of the following services for the then current release and the Previous Sequential Release of the Software: (i) Error Correction; (ii) Telephone Support (iii) Email Support; and (iii) Software Updates.

For any initial Support Incident, Licensee is entitled to receive MailFrontier Telephone and Email Support at no cost.  For each subsequent Support Incident thereafter that requires additional Telephone and Email Support, Licensee agrees to pay MailFrontier One Hundred Dollars ($100.00) for each subsequent Support Incident.  Should MailFrontier determine that a problem reported by Licensee is due to an Error existing in the Software,  MailFrontier may waive the foregoing fee. 

2. ERROR PRIORITY LEVELS.
MailFrontier shall exercise commercially reasonable efforts to correct any Error reported by Licensee in the then current release and the Previous Sequential Release of the Software in accordance with the priority level reasonably assigned to such Error by MailFrontier.

• Priority A Errors - MailFrontier shall promptly commence the following procedures: (i) assign MailFrontier engineers to correct the Error; (ii) notify MailFrontier management that such Errors have been reported and of steps being taken to correct such Error(s); (iii) provide Licensee with periodic reports on the status of the corrections; and (iv) initiate work to provide Licensee with a Workaround or Fix.

• Priority B Errors - MailFrontier shall exercise commercially reasonable efforts to include the Fix for the Error in the next regular Software maintenance release.

• Priority C Errors - MailFrontier may include the Fix for the Error in the next major release of the Software.

If MailFrontier believes that a problem reported by Licensee may not be due to an Error in the Software, MailFrontier will so notify Licensee. At that time, Licensee may (i) instruct MailFrontier to proceed with problem determination at its possible expense as set forth below, or (ii) instruct MailFrontier that Licensee does not wish the problem pursued at its possible expense. If Licensee requests that MailFrontier proceed with problem determination at its possible expense and MailFrontier determines that the error was not due to an Error in the Software, Licensee shall pay MailFrontier, at MailFrontier’s then-current and standard consulting rates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith. Licensee shall not be liable for (a) problem determination or repair to the extent problems are due to Errors in the Software; or (b) work performed under this paragraph in excess of its instructions; or (c) work performed after Licensee has notified MailFrontier that it no longer wishes work on the problem determination to be continued at its possible expense (such notice shall be deemed given when actually received by MailFrontier). If Licensee instructs MailFrontier that it does not wish the problem pursued at its possible expense or if such determination requires effort in excess of Licensee’s instructions, MailFrontier may, at its sole discretion, elect not to investigate the problem with no liability therefore.

3. EXCLUSIONS. 
MailFrontier shall have no obligation to support: (i) altered or damaged Software or any portion of the Software incorporated with or into other software; (ii) any Software that is not the then current release or Previous Sequential Release; (iii) Software problems caused by Licensee’s negligence, abuse or misapplication, use of Software other than as specified in the Documentation or other causes beyond the control of MailFrontier; or (iv) Software installed on any hardware or software that is not supported by MailFrontier. MailFrontier shall have no liability for any changes in Licensee’s hardware or software that may be necessary to use Software due to a Workaround or maintenance release.

4. DEFINITIONS.

“Documentation” means the user manuals relating to the use of the Software delivered with the Software.

“Email Support” means ability to make requests for technical support assistance by email at any time concerning the installation and use of the then current release of the Software and the Previous Sequential Release. 

“Error” means an error in the Software that results in the Software failing to perform in all material respects in accordance with the functional specifications set forth in.the Documentation.

“Error Correction” means the use of reasonable commercial efforts to correct Errors.

“Fix” means the repair or replacement of object or executable code versions of the Software or Documentation to remedy an Error.

“License Agreement” means the applicable license agreement between Licensee and MailFrontier pursuant to which Licensee licensed the Software.

“Previous Sequential Release” means the release of the Software that has been replaced by a subsequent release of the same Software product. Notwithstanding anything else, a Previous Sequential Release will be supported by MailFrontier only for a period of six (6) months after release of the subsequent release.

“Priority A Error” means an Error that renders the Software inoperative or causes such Software to fail catastrophically.

“Priority B Error” means an Error that substantially degrades the performance of the Software or materially restricts Licensee’s use of the Software.

“Priority C Error” means an Error that causes only a minor impact on Licensee’s use of the Software.

“Software Updates” means updates, modifications, patches and fixes or new releases of the Software that MailFrontier generally makes available at no additional charge to its customers who are subscribing to Support Services and who are current in payment of Support Services fees.  Software Updates may be used in accordance with the terms and restrictions in the Agreement relating to use of the Software. Software Updates do not include products or options that are designated by MailFrontier as new products or options for which it charges a separate fee.

“Support Incident” means any contact made by Licensee to MailFrontier that requires Telephone Support.  

“Telephone Support” means technical support telephone assistance concerning the installation and use of the Software provided to a single designated technical support contact between 6:00AM and 6:00PM Pacific Time on MailFrontier’s regular business days.

“Workaround” means a change in the procedures followed or data supplied by Licensee to avoid an Error without substantially impairing Licensee’s use of the Software.

THESE TERMS AND CONDITIONS RELATE SOLELY TO SUPPORT SERVICES PROVIDED BY MAILFRONTIER AND ARE NOT A SOFTWARE  WARRANTY. ALL SOFTWARE WARRANTIES ARE SUBJECT EXCLUSIVELY TO THE LICENSE AGREEMENT BETWEEN MAILFRONTIER AND LICENSEE. THIS ATTACHMENT IS AN ADDITIONAL PART OF THE LICENSE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE LICENSE AGREEMENT.

Last updated: August 23, 2004