AMENDMENT TO SOFTWARE LICENSE AGREEMENT
THIS AMENDMENT ("Amendment") dated the ______ day of ____________2010 to the Software License Agreement dated ____________ ("License") is by and between BCC Software, Inc. ("BCC") and ______________________________ ("Customer").
BCC and Customer desire to amend the terms and conditions of the License to accommodate addition of Premium 24/7 Support.
NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. The License shall be amended by adding the following:
Premium 24/7 Support:
Premium 24/7 Support services are available at an additional charge for BCC Software Solutions. as an addition to the standard Software Support identified in Article III of the Software License Agreement to which this Exhibit is a part of (the "Agreement"), and consist of the following, with defined terms non otherwise defined herein having the same meaning ascribed to them in the Agreement:
(a) Period of Coverage: Licensor’s Non-Business Hours (7:00 PM until 8:00 AM – EST Monday through Friday and 24 hours Saturday and Sunday) during the License Term.
(b) Problem Reporting: Upon discovering a Critical Defect which renders Licensee unable to continue its business operations during such day, Licensee shall report such Critical Defect to Licensor by calling (866)326-5169.
(c) Telephone Support: Within ninety (90) minutes after receiving a report of such a Critical Defect, Licensor shall commence Critical Defect troubleshooting by providing telephone support in the form of consultations, assistance and advice concerning use of the Software and correction of the Critical Defect.
(d) Correction efforts: If such Critical Defect is not corrected through Telephone Support, Licensor will conduct tests and analyses designed to reproduce, isolate and correct the Critical Defect upon receipt of information and data from Licensee sufficient to replicate the Critical Defect.
(e) Additional efforts: If Licensor is unable to correct such Critical Defect within a reasonable time after it has been taking the steps described in subparagraphs (b) through (d) above, Licensor shall implement work-around processes designed to minimize the impact of the Critical Defect.
(f) Charges: In the event it is determined that any such reported Critical Defect did not render Licensee unable to continue its business operations during such day, in addition to any other fees payable hereunder Licensee shall be charged at Licensor’s then-current rates for Licensor’s Non-Business Hours time spent on support of such reported Defect.
2. All other terms and conditions of the License not amended hereby remain unchanged and in full force and effect. The parties affirm and ratify the terms and conditions of the License except to the extent modified or amended in this Amendment.
IN WITNESS WHEREOF, the parties have caused their authorized officers to execute this Amendment on the date set forth above.
| ______________________________ | BCC Software, Inc. |
| By________________________________ | By_______________________________ |
| Title_______________________________ | Title______________________________ |
