Kofax MarkView Software Support Terms and Conditions

Kofax, Inc. MarkView Software Support Terms and Conditions:

Kofax Software Support Services are provided for licensed MarkView Programs not identified as Solution Support Materials as set forth below. These terms and conditions are subject to change.

Kofax Software Support is comprised of Silver Support, described herein, as well as Gold Support which may be purchased separately and are described on our Service Packages page. Software Support is not available for materials identified in a mutually agreed upon document as being Solution Support Materials. Terms and Conditions for Kofax Solution Support offering are located at Solution Support Terms and Conditions.

Software Support Contact Information:

Clients will have 7 x 24 access to the Kofax online technical support knowledge database via Support Web. This database contains an extensive library of solutions to common client incidents and frequently asked questions/answers.

In the event that a client is not be able to resolve an incident based on the information in the knowledge database, the client may contact Kofax for software support during Business Hours, as defined below, via Support Web, the Kofax online Software Support website.

In the event that the Internet is inaccessible, Kofax provides a dedicated voice mail system, which can be reached by calling 800-788-6170 in North America and +44 0208 610 6709 in Europe. Only individuals from a client's organization who have been trained by Kofax in the proper use of the Programs and pre-specified by the client will be allowed to contact Kofax support or be provided with accounts to access the online Support Web.

Software Support Response Time:

For any communication from a client requesting Software Support, Kofax's standard response times are based on the severity of the incident. The severity is defined by the client's categorization of the incident when completing the required fields in Support Web. Please refer to the table below for definitions and response times for each severity level. Kofax reserves the right to modify the severity of an incident if a client has incorrectly categorized the incident in Support Web.

Severity Level	Environment	Functionality Loss	Users Impacted	Response Time
1	Production	Major	Many or All	1 Business Hour
2	Production	Major Minor or None	Few or None Any	2 Business Hours
3	Non-Production	Any	Any	4 Business Hours
4	Account Requests	N/A	One	1 Business Day Eastern
4	Enhancement Requests	None	Any	Periodic Review

All Severity Level One incidents logged on the Support Web will trigger an alert in Kofax paging system.

Business Hours are defined as Monday through Friday, excluding official Kofax company holidays, from 8 AM to 5 PM in the time zone in which client's corporate headquarters are located. Requests received outside of the Software Support Business Hours will be considered received at the beginning of the next business day for purposes of the response time commitment.

Response times represent the maximum time it will take a Kofax's Technical Support Analyst to acknowledge receipt of a client's reported incident and begin diagnoses. The response times are not a commitment to resolution of the incident. In the event the resolution of the incident requires escalation to another Technical Support Analyst and/or to Kofax Product Development Team, the Technical Support Analyst handling the incident will gather all required information and assign the issue to the appropriate resource.

Client's Escalation of Incidents:

A Client may escalate an incident via Support Web. Escalation of Severity Level One incidents will trigger an alert in Kofax paging system. Incidents may generally be escalated if the severity level of an incident increases and/or if the response time to an incident is deemed inadequate.

Updates to Programs:

From time to time, Kofax will make enhancements or newer versions of its Programs available to supported clients ("Updates"). All Updates shall be deemed a part of the Programs already licensed by the client under its applicable license agreement.

Bug Fixes:

Kofax provides bug-fix versions of the supported Programs when they become available. Kofax will employ commercially reasonable efforts in providing prompt bug fixes or patches. All bug fixes or patches shall be deemed part of the Programs already licensed by the client under its applicable license agreement.

Software Support for Upgrades and Bug Fixes:

As part of a client's Software Support, the client is entitled to Software Support assistance for Upgrades and Bug Fixes to troubleshoot and diagnose any incidents which may arise. All incidents will be addressed through the Software Support process described in these Terms and Conditions.

It is Kofax's strong recommendation that a client apply all system changes in a test environment and thoroughly tests all changes before migrating such system changes into a production environment. Please see the detailed list of steps outlined in Support Web. Before making any system changes, a client may wish to contact their Kofax Practice Manager to discuss options for analyzing the overall impact of any changes on the client's MarkView implementation.

If a client would like to purchase services for dedicated support for Upgrades (i.e. a dedicated Kofax resource to be on call and to directly assist the client with any incidents which may arise), the client should contact its Kofax Practice Manager.

Certification, Support and De-Support Policies:

MarkView Programs are periodically desupported. As part of a client's Kofax Software Support, the client will be notified when Kofax plans to de-Support an existing component or version of MarkView. The certification, support and de-support definitions, processes and policies are outlined in detail at Certification, Support and De-Support Policies.

Exclusions:

Software Support does not cover (i) correction of database errors, (ii) operator training or training in general, or (iii) systems engineering services, programming and operations procedures of any sort.

Kofax is not required to provide any Software Support related to issues arising out of (i) a client's failure to implement Modifications, Bug Fixes or Upgrades to the Programs, (ii) changes to the operating system or environment not in accordance with Kofax's instructions that adversely affect functionality, (iii) the use of an operating system or any software or hardware or networking system(s) not approved by Kofax, (iv) interconnection or integration of the Programs with products not designated Certified or Supported by Kofax, (v) any unauthorized alteration, disassembly, modification or addition to the Programs, (vi) use of the Programs in a manner for which it was not designed.

Reinstatement of Support Services:

If a client has failed to pay the Annual Software Support Fees in prior year(s) and wishes to be reinstated in the Software Support program, client must pay the accumulated Annual Software Support Fees for all years during which payment was not made.

Clients access Support Web here.