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funding through the legislative or governing body's 4. The Tier 1 Help Desk will be the initial points of approval process. contact for all questions and reporting of an Incident. The Tier 1 Help Desk will obtain a full 4.O-PRODUCT UPDATES description of each reported Incident and the system configuration from the user. This may include obtaining any customizations, code 4.1 Future Updates. Esri reserves the right to update the samples, or data involved in the Incident. The list of Products in Table A—List of Products by Tier I Help Desk may also use any other providing written notice to Licensee. Licensee may information and databases that may be developed continue to use all Products that have been Deployed, to satisfactorily resolve the Incident. but support and upgrades for deleted items may not be available. As new Products are incorporated into 5. If the Tier 1 Help Desk cannot resolve the the standard program, they will be offered to Incident, an authorized Tier 1 Help Desk Licensee via written notice for incorporation into the individual may contact Tier 2 Support. The Products schedule at no additional charge. Licensee's Tier 1 Help Desk will provide support in such a use of new or updated Products requires Licensee to way as to minimize repeat calls and make adhere to applicable additional or revised terms and solutions to problems available to Licensee. conditions of the License Agreement. 6. Tier 1 Help Desk individuals are the only 4.2 Product Life Cycle. During the term of this individuals authorized to contact Tier 2 Support. Agreement, some Products may be retired or may no Licensee may change the Tier 1 Help Desk longer be available to Deploy in the identified individuals by written notice to Esri. quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and b. Tier 2 Support Product Life Cycle Support Policy, which can be found at http://support.esri.com/en/content 1 . Tier 2 Support will log the calls received from /productlifecycles. Updates for Products in the Tier 1 Help Desk. mature and retired phases may not be available. Licensee may continue to use Products already 2. Tier 2 Support will review all information Deployed for the term of this Agreement, but collected by and received from the Tier 1 Help Licensee will not be able to Deploy retired Products. Desk including preliminary documented troubleshooting provided by the Tier 1 Help 5.0-MAINTENANCE Desk when Tier 2 Support is required. The Fee includes standard maintenance benefits specified 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of in the most current applicable Esri Standard Maintenance information, additional information, or answers Program document (found at http://www.esri.com/legal). to additional questions to supplement any At Esri's sole discretion, Esri may make patches, hot preliminary information gathering or fixes, or updates available for download. No Software troubleshooting performed by Tier 1 Help Desk. other than the defined Products will receive Maintenance. Licensee may acquire maintenance for other Software outside this Agreement. 4. Tier 2 Support will attempt to resolve the Incident submitted by Tier 1 Help Desk. a. Tier 1 Support 5. When the Incident is resolved, Tier 2 Support 1. Licensee will provide Tier 1 Support through the will communicate the information to Tier 1 Help Tier 1 Help Desk to all Licensee's authorized Desk, and Tier 1 Help Desk will disseminate the users. resolution to the user(s). 2. The Tier 1 Help Desk will be fully trained in the 6.0-ENDORSEMENT AND PUBLICITY Products. 3. At a minimum, Tier 1 Support will include those This Agreement will not be construed or interpreted as an exclusive dealings agreement or Licensee's endorsement activities that assist the user in resolving how-to of Products. Either party may publicize the existence of and operational questions as well as questions on this Agreement. installation and troubleshooting procedures. Page 4 of 5 / 016.187/ESRI / Enterprise License