Software License and Support Agreement - Portal Software Inc.
PORTAL PROPRIETARY & CONFIDENTIAL
[LOGO OF PORTAL]
SOFTWARE LICENSE AND SUPPORT AGREEMENT
This Software License and Support Agreement is entered into by and between
Portal Software, Inc, a California corporation with principal offices at 20883
Stevens Creek Boulevard, Cupertino, California 95014 ("Portal") and [Company
Name] a(n) [state] [type of entity] with principal offices at [address]
("Licensee") and describes the terms and conditions pursuant to which Portal
shall license to Licensee and support certain Licensed Software (as defined
below). This Agreement shall become effective on the date it is signed by
Portal ("Effective Date").
1 DEFINITIONS
1.1 "Agreement" means this Software License and Support Agreement, including
any and all attached Schedules.
1.2 "Application" means the specific Application set forth in Schedule A hereto
of the Licensed Software running on one or more related computers at a
single location, that share the same Licensed Software Database.
1.3 "Confidential Information" means this Agreement and all its Schedules, any
addenda hereto signed by both parties, all software listings,
Documentation, information, data, drawings, benchmark tests,
specifications, trade secrets, object code and machine-readable copies of
the Licensed Software, and any other proprietary information supplied to
Licensee by Portal or by Licensee to Portal which is clearly marked as
"confidential" if in tangible form, or identified as "confidential" if
orally disclosed.
1.4 "Designated Equipment" means the hardware make and model of the server
computer on which the Licensed Software will be installed as set forth on
Schedule A.
1.5 "Licensed Software" means (i) the software products designated on Schedule
A hereto provided to Licensee by Portal in executable form (but not the
Source Code), (ii) the associated program documentation ("Documentation"),
(iii) any source code or object code which Portal in its sole discretion
may provide to Licensee from time to time and (iv) any Updates,
modifications, maintenance releases, bug fixes or work-arounds which Portal
may provide to Licensee from time to time.
1.6 "Licensed Software Database" means the customer database associated with
the Licensed Software which contains the Customer Records.
1.7 "Production Site" means the address and location of the server computer on
which the Licensed Software will be installed as set forth on Schedule A.
1.8 "Subscriber" means an individual customer record account object ("Customer
Record") in the Licensed Software Database. The total number of Subscribers
is exactly equal to the number of Customer Records in the Licensed Software
Database. If the Licensed Software is used to authenticate, bill, rate or
otherwise track the activities of individual users within a corporate or
group account, each such individual user will be deemed a Subscriber for
the purposes of this Agreement.
1.9 "Updates" means any updates to the Licensed Software licensed hereunder
which Portal, in its discretion, makes generally available to its Licensed
Software licensees.
2 GRANT OF LICENSE
1.1 For so long as this Agreement remains in force Portal grants to Licensee a
perpetual, non-exclusive and non-transferable right to use the Licensed
Software on the Designated Equipment and on a single Licensed Software
Database located at the designated Production Site only for the specified
Application. Licensee may possess only the number of copies of any Licensed
Software necessary for the type of use specified herein and may use such
copies only in accordance with this Agreement and the Documentation. Portal
shall at all times retain ownership of all Licensed Software including any
Documentation and any copies thereof.
2.2 Portal will deliver to Licensee, as soon as is practicable, the necessary
password to enable Licensee to download from Portal's website one machine-
readable copy of the Licensed Software, along with one machine-readable
copy of the Documentation. Licensee may not reproduce Licensed Software or
Documentation except as expressly provided under this Agreement.
2.3 Licensee may copy the Licensed Software and Documentation for backup or
archival purposes provided that all titles, trademark symbols, copyright
symbols and legends, and other proprietary markings are reproduced.
2.4 Licensee shall be permitted to create applications using the Policy
Facilities Modules source code which Portal makes generally available to
all of its licensees.
2.5 Portal grants and Licensee receives no other rights or licenses to the
Licensed Software, derivative works (as defined in the United States
copyright Act of 1976, Title 17 USC Section 101 et. Seq.) or any
intellectual property rights related thereto, whether by implication,
estoppel or otherwise, except those rights expressly granted in this
Section 2.
3 LICENSE RESTRICTIONS
3.1 Licensee agrees that it will not itself, or through any parent, subsidiary,
affiliate, agent or other third party:
3.2 sell, lease, license, sublicense, encumber or otherwise deal with any
portion of the Licensed Software or Documentation;
3.3 except to the minimum extent necessary to comply with EC Directive, if
applicable, or other applicable legislation, decompile, disassemble, or
reverse
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PORTAL PROPRIETARY & CONFIDENTIAL
engineer any portion of the Licensed Software or attempt to discover any
source code or underlying ideas or algorithms of any Licensed Software;
3.4 other than to the extent permitted by Section 2.4 above, create any
Derivative Work based on the Licensed Software or any Portal Confidential
Information;
3.5 use the Licensed Software to provide processing services to third parties,
commercial timesharing, rental or sharing arrangements, or on a "service
bureau" basis or otherwise use or allow others to use the Licensed Software
for the benefit of any third party;
3.6 provide, disclose, divulge or make available to, or permit use of the
Licensed Software by persons other than Licensee's employees who have
signed a confidentiality agreement consistent with the terms and provisions
herein, without Portal's prior written consent;
3.7 use any Licensed Software, or allow the transfer, transmission, export, or
re-export of any Licensed Software or portion thereof in violation of any
export control laws or regulations administered by the U.S. Commerce
Department, OFAC, or any other government agency. All the limitations and
restrictions on the Licensed Software in this Agreement also apply to the
Documentation.
4 PAYMENTS AND TAXES
4.1 All payments due hereunder shall be made inside the U.S., in U.S. dollars.
In addition to any remedies Portal may have hereunder or at law, any
payments more than thirty (30) days overdue will bear a late payment fee of
1.5% per month, or, if lower, the maximum rate allowed by law. Delinquency
in payment will result in a delay or suspension of the Licensed Software
implementation timetable or services (including Support Services) provided
by Portal. Resumption of services will occur after Licensee has brought
itself current on all of its outstanding payment obligations to Portal. The
services will be scheduled in accordance with the availability of Portal
resources. Portal will not be liable for any damages caused by rescheduling
of suspended services pursuant to this Section 4.1.
4.2 Licensee agrees to pay or reimburse Portal for all federal, state,
dominion, provincial, or local sales, use, personal property, payroll,
excise or other taxes, fees, or duties arising out of this Agreement or the
transactions contemplated by this Agreement (other than taxes on the net
income of Portal.) If any tax is payable by Licensee under this Section
4.2, then the Licensee shall provide evidence of payment to Portal and
Portal shall use all reasonable efforts to obtain a credit, rebate, or
benefit for that amount against its own tax, and if it receives such
credit, rebate, or benefit it shall refund to Licensee an amount equal to
the lesser of the amount paid by Licensee and the credit, rebate, or
benefit obtained by Portal.
5 LICENSE FEE
In consideration of the rights granted herein, Licensee shall pay Portal the
license fee(s) as set forth in Schedule A.
6 MAINTENANCE AND TECHNICAL SUPPORT
6.1 Upon payment of the annual maintenance and support fee set forth on
Schedule A, Licensee shall be entitled to receive Updates and technical
support in accordance with Portal's Gold Level Support Policy. Portal's
current Gold Level Support Policy appears at Schedule B.
6.2 Portal shall have no obligation to support (a) altered, damaged or modified
Licensed Software (except as authorized by Portal) or any portion of the
Licensed Software incorporated into other software, (b) Licensed Software
that is not the then current or immediately previous sequential release,
(c) problems caused by Licensee's negligence, abuse, or misapplication, or
use of the Licensed Software other than as specified in Portal's user
documentation or other causes beyond the control of Portal, or (d) Licensed
Software installed on a system that is not supported by Portal. Portal
shall have no liability for any changes in Licensee's hardware which may be
necessary to use the Licensed Software.
6.3 Portal reserves the right to change its technical support guidelines and
procedures provided (i) Portal provides Licensee with at least sixty (60)
days prior written notice of such changes, and (ii) such changes do not
diminish Portal's overall technical support obligations to Licensee in any
material regard.
7 TERMINATION
7.1 This Agreement commences on the Effective Date and will remain in force
until it is terminated.
7.2 Portal may, by written notice to Licensee, terminate this Agreement if any
of the following events ("Termination Events") occur, provided that such
termination will not relieve Licensee of its payment obligations hereunder
or otherwise entitle Licensee to a refund of any portion which have been
paid to Portal;
7.3 Licensee is in breach of this Agreement, which breach, if capable of being
cured, is not cured within thirty (30) days (ten (10) days in the case of
nonpayment) after Portal gives Licensee written notice of such breach; or
Portal may terminate this Agreement immediately upon notice if Licensee
breaches any of its obligations under Section 3 above;
7.4 Licensee terminates its business activities or becomes insolvent, admits in
writing to inability to pay its debts as they mature, makes and assignment
for the benefit of creditors, or becomes subject to direct control of a
trustee, receiver or similar authority.
7.5 Termination will become effective immediately or on the date set forth in
the written notice of termination and any payment obligations under this
Agreement shall immediately become due and owing. Termination of this
Agreement will not affect the provisions regarding Licensee's or Portal's
treatment of Confidential Information, provisions relating to the payments
of amounts due, provisions limiting or disclaiming Portal's liability,
and/or provisions
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PORTAL PROPRIETARY & CONFIDENTIAL
regarding applicable law, which provisions will survive termination of this
Agreement.
7.6 Upon termination, all licenses granted hereunder shall cease to be
effective and Licensee shall immediately cease all use of any affected
Licensed Software, Documentation and Portal Confidential Information.
7.7 Within fourteen (14) days of the date of termination or discontinuance of
this Agreement for any reason whatsoever, Licensee shall return the
Licensed Software, derivative works and all copies thereof, in whole or in
part, all related Documentation and all copies thereof, and any other
Confidential Information in its possession. Licensee shall furnish Portal
with a certificate signed by an executive officer of Licensee verifying
that the same has been done.
7.8 Termination is not an exclusive remedy and all other remedies will be
available whether or not termination occurs.
8 INDEMNIFICATION FOR INFRINGEMENT
8.1 Portal will, at its expense, defend or settle any claim, action or
allegation brought against Licensee that the Licensed Software infringes
any patent, copyright, trade secret or other proprietary right of any third
party and shall pay any final judgment awarded or settlements entered into;
provided that Licensee gives prompt written notice to Portal of any such
claim, action or allegation of infringement and gives Portal the authority
to proceed as contemplated herein. Portal will have the exclusive right to
defend any such claim, action, or allegation and make settlements thereof
at its own discretion, and Licensee may not settle or compromise such
claim, action or allegation, except with prior written consent of Portal.
Licensee shall give such assistance and information as Portal may
reasonably require to settle or oppose such claims.
8.2 In the event any such infringement, claim, action, or allegation is brought
or threatened, Portal may, at its sole option and expense:
8.3 Procure for Licensee the right to continue use of the Licensed Software or
the infringing portion thereof;
8.4 Modify, amend or replace the Licensed Software or infringing part thereof
with other software having substantially the same or better capabilities;
8.5 If neither of the foregoing is commercially practicable, Portal shall
refund the portion of the licensee fee specified on Schedule A related to
the infringing part thereof less one-forty-eighth (1/48) thereof for each
month or portion thereof that this Agreement has been in effect. In the
event that such refund is made, Licensee shall immediately cease using the
infringing portion of the Licensed Software and will remove the same from
its system and so certify to Portal. If, as a result of having ceased using
the infringing Licensed Software due to an infringement claim Licensee is
not reasonably able to continue using the other components of the Licensed
Software licensed hereunder, Licensee will be permitted to return those
other Licensed Software components on the same terms as set forth above for
infringing Licensed Software. By paying any refund(s) in the manner herein
contemplated Portal will be released from any further obligation whatsoever
to Licensee in connection with the infringing part of the Licensed
Software.
8.6 THE FOREGOING OBLIGATIONS SHALL NOT APPLY TO THE EXTENT THE INFRINGEMENT
ARISES AS A RESULT OF (A) MODIFICATIONS TO THE LICENSED SOFTWARE MADE BY
ANY PARTY OTHER THAN PORTAL OR PORTAL'S AUTHORIZED REPRESENTATIVE, OR (B)
FAILURE OF LICENSEE TO INSTALL AN UPDATE, UPGRADE, MAINTENANCE RELEASE,
PATCH, ETC., WITHIN A REASONABLE TIME OF BEING PROVIDED ACCESS TO THE SAME
BY PORTAL IF SUCH INFRINGEMENT WOULD HAVE BEEN AVOIDED BY SUCH
INSTALLATION. THIS SECTION 8 STATES THE ENTIRE LIABILITY OF PORTAL WITH
RESPECT TO INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE SECRET OR OTHER
PROPRIETARY RIGHT.
9 WARRANTY AND LIMITATION OF LIABILITY
9.1 Portal warrants to Licensee that the Licensed Software will perform in
substantial accordance with the Documentation for a period of ninety (90)
days from the Effective Date. If the Licensed Software does not perform as
herein warranted, Portal shall undertake at its own expense to correct the
non-conforming part of the Licensed Software. If correction is not
reasonably possible or commercially practicable, Portal shall refund the
monies paid by Licensee for that non-conforming Licensed Software.
9.2 Portal warrants that the Licensed Software is designated to be used prior
to, during and after the calendar year 2000 and that the Licensed Software
will operate during each such time period without error relating to, or the
product of, date data which references different centuries or more than one
century. If the Licensed Software does not perform as warranted, Portal
shall undertake at its own expense to correct the non-conforming part of
the Licensed Software, or if correction is reasonably not possible, replace
such non-conforming part of the Licensed Software free of charge. If
neither of the foregoing is commercially practicable, Portal shall refund
the license and annual maintenance support fees paid by Licensee for the
non-conforming Licensed Software. If a refund is made in the manner herein
contemplated, the parties will amend the definition of "Licensed Software"
in Schedule A to reflect the same. The foregoing Year 2000 Warranty shall
not apply to the extent that the Licensed Software is used or interfaced
with other software, data or operating systems which are not Year 2000
compliant or if the Licensed Software has been modified in a manner not
authorized by Portal. THE FOREGOING ARE LICENSEE'S SOLE AND EXCLUSIVE
REMEDIES FOR BREACH OF WARRANTY.
9.3 Portal's warranty obligations as set forth above are made to and for the
benefit of Licensee only and shall be enforceable against Portal only if:
9.3.1 The Licensed Software has been properly installed and has been used at
all times in accordance with the Documentation and this Agreement;
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PORTAL PROPRIETARY & CONFIDENTIAL
9.3.2 All modifications, alterations or additions to the Licensed Software, if
any, have been made using Licensed Software Customization Tools provided
by Portal to Licensee; and
9.3.3 Licensee has not made or caused to be made modifications, alterations or
additions to the Licensed Software that cause it to deviate from the
Documentation.
9.4 Except as set forth in this Section 9, Portal makes no warranties, whether
express or implied, or statutory regarding or relating to the Licensed
Software or the Documentation, or any materials or services furnished or
provided to Licensee under this Agreement. Specifically, Portal does not
warrant that the Licensed Software will be error free or will perform in an
uninterrupted manner. To the maximum extent allowed by law, Portal
specifically disclaims all implied warranties of merchantability and
fitness for a particular purpose (even if Portal had been informed of such
purpose) with respect to the Licensed Software, Documentation and support
and with respect to the use of any of the foregoing.
9.5 IN NO EVENT WILL PORTAL OR ITS SUBCONTRACTORS BE LIABLE FOR ANY LOSS OF
PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN
CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE
LICENSED SOFTWARE OR SERVICES PERFORMED HEREUNDER OR ANY DELAY IN DELIVERY
OR FURNISHING THE LICENSED SOFTWARE OR SAID SERVICES WHETHER ALLEGED AS A
BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF
PORTAL HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
9.6 PORTAL'S MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT OR ANY
OTHER FORM OF LIABILITY) FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED,
WHETHER OR NOT ARISING FROM PORTAL'S NEGLIGENCE, SHALL IN NO EVENT BE
GREATER THAN (A) IN THE EVENT SUCH DAMAGE IS NOT RELATED TO SUPPORT, THE
LICENSE FEE SPECIFIED IN SCHEDULE A RELATED TO THE PARTICULAR LICENSED
SOFTWARE PROGRAM WHICH CAUSED THE DAMAGE OR LOSS, OR (B) IN THE EVENT SUCH
DAMAGE OR LOSS IS RELATED TO SUPPORT, THE SUPPORT FEES PAID BY LICENSEE FOR
THE THEN CURRENT SUPPORT TERM.
9.7 No employee, agent, representative or affiliate of Portal has authority to
bind Portal to any oral representations or warranty concerning the Licensed
Software. Any written representation or warranty not expressly contained in
this Agreement is unenforceable.
10 AUDIT RIGHTS/QUARTERLY REPORTS
10.1 Licensee shall keep and maintain full, accurate and detailed records
regarding its obligations under this Agreement and the number of
Subscribers of the Licensed Software Database. Portal or its
representatives shall be entitled to review and audit such books and
records and/or Licensee's compliance with the provisions of this Agreement
from time to time during normal business hours by providing written notice
to Licensee at least ten (10) business days prior to such audit. If any
such audit reveals a deficiency in any amounts due to Portal hereunder,
Licensee will immediately pay such amounts as are required to re-establish
compliance with the terms of this Agreement.
10.2 Commencing ninety (90) days from the Effective Date, Licensee will provide
Portal with calendar quarterly reports setting forth the total number of
Subscribers. Licensee will provide Portal with all such reports and any
payments required hereunder within thirty (30) days of the end of each
calendar quarter.
11 ASSIGNMENT/BINDING AGREEMENT
Neither this Agreement nor any rights under this Agreement may be assigned or
otherwise transferred by Licensee, in whole or in part, including by way of
merger, acquisition or sale of all or substantially all of the voting rights in
one or more related transactions, without Portal's prior written consent.
12 CONFIDENTIALITY
12.1 Each Party acknowledges that the Confidential Information constitutes
valuable trade secrets and each party agrees that it shall use the
Confidential Information of the other party solely in accordance with the
provisions of this Agreement and it will not disclose, or permit to be
disclosed, the same directly or indirectly, to any third party without the
other party's prior written consent. Each party agrees to exercise due
care in protecting the Confidential Information from unauthorized use and
disclosure. However, neither party bears any responsibility for
safeguarding any information that it can document in writing (i) is in the
public domain through no fault of its own, (ii) was properly known to it,
without restriction, prior to disclosure by Disclosing Party, (iii) was
properly disclosed to it, without restriction, by another person with the
legal authority to do so, (iv) is independently developed by Receiving
Party without use or reference to Disclosing Party's Proprietary
Information or (v) is required to be disclosed pursuant to a judicial or
legislative order or proceeding; provided that, to the extent permitted by
and practical under the circumstances, Receiving Party provides to
Disclosing Party prior notice of the intended disclosure and an
opportunity to respond or object to the disclosure or if prior notice is
not permitted or practical under the circumstances, prompt notice of such
disclosure.
12.2 In the event of actual or threatened breach of the provisions of Section 3
or Section 12, the non-breaching party will be entitled to immediate
injunctive and other equitable relief, without bond and without the
necessity of showing actual damage.
13 NOTICE
Any notice required or permitted under the terms of this Agreement or required
by law must be in writing and must be (a) delivered in person, (b) sent by
registered mail, return receipt requested, (c) sent by overnight air courier, or
(d) by facsimile, in
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PORTAL PROPRIETARY & CONFIDENTIAL
each case forwarded to the appropriate address set forth above. Either party may
change its address for notice by written notice to the other party. Notices will
be considered to have been given at the time of actual delivery in person, three
(3) business days after posting, or one day after (i) delivery to an overnight
air courier service or (ii) the moment of transmission by facsimile.
14 MISCELLANEOUS
14.1 Force Majeure. Neither party will incur any liability to the other on
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account of any loss or damage resulting from any delay or failure to
perform all or any part of this Agreement if such delay or failure is
caused, in whole or in part, by events, occurrences, or causes beyond its
control and without negligence of the parties. Such events, occurrences or
causes will include, without limitation, acts of God, strikes, lockouts,
riots, acts of war, earthquakes, fire and explosions, but the ability to
meet financial obligations is expressly excluded.
14.2 Waiver. Any waiver of the provisions of this Agreement or of a party's
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rights or remedies under this Agreement must be in writing to be
effective. Failure, neglect or delay by a party to enforce the provisions
of this Agreement or its rights or remedies at any time will not be
construed to be deemed a waiver of such party's rights under this
Agreement and will not in any way affect the validity of the whole or any
part of this Agreement or prejudice such party's right to take subsequent
action.
14.3 Severability. If any term, condition or provision in this Agreement is
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found to be invalid, unlawful or unenforceable to any extent, the parties
shall endeavor in good faith to agree to such amendments that will
preserve, as far as possible, the intentions expressed in this Agreement.
If the parties fail to agree on such an amendment, such invalid term,
condition or provision will be severed from the remaining terms,
conditions and provisions, which will continue to be valid and enforceable
to the fullest extent permitted by law.
14.4 Entire Agreement. This Agreement (including the Schedules and any addenda
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hereto signed by both parties) contains the entire agreement of the
parties with respect to the subject matter of this Agreement and
supercedes all previous communications, representations, understandings
and agreements, either oral or written, between the parties with respect
to said subject matter.
14.5 Standard Terms of Licensee. No terms, provisions or conditions of any
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purchase order, acknowledgement or other business form that Licensee may
use in connection with the acquisition or licensing of the Licensed
Software will have any effect on the rights, duties or obligations of the
parties under, or otherwise modify, this Agreement, regardless of any
failure of Portal to object to such terms, provisions, or conditions.
14.6 Public Announcements/Publicity. Licensee and Portal agree to cooperate
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regarding public relations activities, including public announcements,
joint press releases, and other activities to be mutually agreed. Neither
party will perform such activities without the prior written consent of
the other party, which consent shall not be unreasonably withheld.
14.7 Counterparts. This Agreement may be executed in counterparts, each of
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which so executed will be deemed to be an original and such counterparts
together will constitute one and the same Agreement.
14.8 Applicable Law. This Agreement will be interpreted and construed pursuant
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to the laws of the State of California and the United States without
regard to conflict of laws provisions thereof, and without regard to the
United Nations Convention on the International Sale of Goods. Any legal
action or proceeding relating to this Agreement shall be instituted in a
state or federal court in Santa Clara County, California. Portal and
Licensee agree to submit to the jurisdiction of, and agree that venue is
proper in, these courts in any such action or proceeding. The prevailing
party in any action to enforce this Agreement will be entitled to recover
its attorney's fees and costs in connection with such action. Licensee
represents that it is not a government agency and it is not acquiring the
license pursuant to a government contract or with government funds.
IN WITNESS WHEREOF, the authorized representatives of the parties hereby bind
the parties by signing below:
[Company Name]
"Licensee"
By:______________________________________________________________
Print Name:______________________________________________________
Title:___________________________________________________________
Date:____________________________________________________________
Portal Software, Inc.
"Portal"
By:______________________________________________________________
Print Name:______________________________________________________
Title:___________________________________________________________
Date:____________________________________________________________
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PORTAL PROPRIETARY & CONFIDENTIAL
SCHEDULE A
SECTION 1.0 LICENSED SOFTWARE
The following Portal Software products and their associated online documentation
will be provided by Portal and will comprise the "Licensed Software":
SECTION 2.0 APPLICATION DESCRIPTION/PLATFORM /INITIAL SUBSCRIBER LIMIT
2.1 APPLICATION:
2.2 Platform (O/S):
2.3 Initial Subscriber Limit:
SECTION 3.0 INSTALLATION SITES
3.1 PRODUCTION SITE:
3.2 Development Site:
3.3 Backup Site:
SECTION 4.0 LICENSE AND MAINTENANCE SUPPORT SERVICE FEES
4.1 SOFTWARE LICENSE FEES
The following table sets forth the license fees for the Licensed Software
for the above-stated Application for up to _________ Subscribers.
<TABLE>
<CAPTION>
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Licensed Software Components License Fees
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<S> <C>
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</TABLE>
SLSA Schedule A Page A-1
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PORTAL PROPRIETARY & CONFIDENTIAL
4.2 ANNUAL GOLD LEVEL SUPPORT SERVICES FEES
Portal will provide Gold Level Maintenance Support Services in accordance
with Schedule B ("Support Services") for _________ Subscribers for one-year
Annual Support Services terms for the Support Services fees set forth below.
Support Services will be automatically renewed in one-year periods on the same
terms and conditions unless Licensee terminates such Support Services by
providing written notice to Portal at least sixty (60) days prior to the end of
the then-current annual support services term.
<TABLE>
<CAPTION>
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Portal Support Services Annual Fee Annual Payment Date
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<S> <C> <C>
Gold Level Support Services $ Effective Date
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</TABLE>
4.3 ADDITIONAL SUBSCRIBER LICENSE AND SUPPORT SERVICES FEES
For up to three (3) years from the Effective Date ("Option Period")
Licensee shall be entitled to use the Licensed Software listed in Section 1.0
above for the designated Application in connection with additional subscribers
("Additional Subscribers") provided Licensee shall pay the amounts set forth in
the following table. Additional Subscribers will be licensed in the incremental
blocks specified and not one at a time. Associated Annual Support Services fees
will be due when the Additional Subscribers are licensed. Annual Support
Services fees will be prorated over the remainder of the annual support term
during which they are added.
<TABLE>
<CAPTION>
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Subscriber Subscribers in License Fee Per License Fee per Annual Gold
Numbers Block Subscriber Block Support Services
Fee Per Block
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<S> <C> <C> <C> <C>
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</TABLE>
SECTION 5.0 PAYMENT SCHEDULE
Licensee agrees to make payment in accordance with the following table:
<TABLE>
<CAPTION>
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Description Amount Payment Due Date
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<S> <C> <C>
License Fee Effective Date
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Annual Gold Support Payment Effective Date
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Basic Infranet Developer Training Within 30 days of Invoice Date
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Advanced Infranet Developer Training Within 30 days of Invoice Date
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</TABLE>
SLSA Schedule A Page A-2
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[LOGO]
SCHEDULE B
Infranet(TM)
Product Support
Guidelines, Policies and Definitions
Version 2.0
Portal Software, Inc.
20863 Stevens Creek Boulevard
Suite 200
Cupertino, CA 95014
U.S.A.
<PAGE>
Product Support
Guidelines, Policies and Definitions
<TABLE>
<S> <C>
SUPPORT OVERVIEW:..................................................................... 3
WEB-BASED SUPPORT..................................................................... 3
Submitting a Support Case............................................................ 3
Viewing Status or Updating a Support Case............................................ 5
SEVERITY DEFINITIONS:................................................................. 6
Changing Severity Level:............................................................. 8
STATUS DEFINITIONS.................................................................... 8
Typical Progression Through Status................................................... 9
Support Case Activity Log............................................................ 10
RESPONSE AND RESOLUTION OBJECTIVES.................................................... 10
Phase Definitions:................................................................... 11
COMMUNICATION......................................................................... 11
SUPPORT ESCALATION PROCESS............................................................ 12
Calling the Message Center........................................................... 13
For General Support Issues and Errors of Any Severity................................ 13
TECHNICAL SUPPORT CONTACTS............................................................ 14
SOFTWARE ERRORS....................................................................... 14
Product Support Period............................................................... 15
</TABLE>
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Portal Confidential and Proprietary Page - 2 -
Not to be disclosed without prior written
permission
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Product Support
Guidelines, Policies and Definitions
SUPPORT OVERVIEW
As Portal grows we are committed to continuing to develop our world-class
technical support service organization to provide the best support services to
our customer. The following are our procedures to ensure that you, as a
customer, receive proper and prompt assistance when needed.
WEB-BASED SUPPORT
Technical support is available to all Portal customers with a current customer
support contract. Portal's Web-Based support provides fast and easy access to
all your technical support cases. It allows you to add a new case, or update
and monitor the status of an existing case. Each case is associated with a case
number for reference and tracking purposes.
Each customer contact is provided with a login ID and password. To obtain your
login and password, register by completing our online registration form:
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www.portal.com/professional services/plreg.htm
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For all development or production related questions, errors or defects, please
start by submitting the issue via our Web-Based Support interface:
-----------------
www.portal.com/WebSupport/login.htm
-----------------------------------
If you experience problems with our web site, please notify us by sending us an
email at techsup@portal.com
------------------
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Portal Confidential and Proprietary Page - 3 -
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<PAGE>
Product Support
Guidelines, Policies and Definitions
Submitting a Support Case:
--------------------------
To submit a new support case, login via www.portal.com/WebSupport/login.htm by
-----------------------------------
providing your current user login and password. From the `case listings'
screen, click on the `Add a New Case' button to get to the `open a new case'
screen containing a blank template for case submission. Fill in all the
required information, when finished click on the `Submit' buttom at the bottom
of the screen. If all the required information has not been filled in , you
will get an error message, else it will inform you that the submission was
successful and provide a case number for future reference. To get back to any
of the previous screens, you must click the "Back" icon on your browser.
Following fields are required when submitting a support case:
<TABLE>
<CAPTION>
Name Case Type Case Severity Case Priority
<S> <C> <C> <C>
Infranet Version Deployment Product Area Hardware
Operating System Database Problem Summary Problem Detail.
</TABLE>
Name - Name of submitter filing the support case. Email notifications are sent
to the submitter of the case.
Case Type - Case Type field is used to classify the problem into one of the
following three categories:
. Bug/Defect - Problem has been identified as a product defect
. Question - A technical question on functionality, API's and so forth
. Request for Enhancement - Request for a feature or product enhancement in
a future release
Case Severity - Severity field is used to indicate the impact of the problem in
a production or development environment.
Important: When selecting severity, please follow the severity guidelines in
-----------------------------------------------------------------------------
the latter part of this document. If in reviewing the support case, Portal's
----------------------------------------------------------------------------
analysis is that a change in severity level is consistent with the severity
---------------------------------------------------------------------------
definitions, Portal will change the severity level and notify the submitter.
----------------------------------------------------------------------------
Case Priority - Priority field is used to indicate the urgency of the problem.
In the case when a customer reports several issues, the support engineer
prioritizes the issues list first by severity then by priority levels as
assigned by the submitter.
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Portal Confidential and Proprietary Page - 4 -
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<PAGE>
Product Support
Guidelines, Policies and Definitions
Infranet Version - Version field indicates the released version in which the
problem exists. This information is relied upon by engineering when delivering
a fix or a patch and therefore MUST be accurate.
----
[PICTURE APPEARS HERE]Deployment Type - Deployment Type field is used to
identify the product implementation stage. This field is defined in conjunction
with the Severity of the problem.
. Production: Problem occurs in the production environment.
. Development: Problem occurs in the development environment.
. Test: Problem occurs in the test environment.
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Portal Confidential and Proprietary Page -5 -
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<PAGE>
Product Support
Guidelines, Policies and Definitions
[PICTURE APPEARS HERE]Hardware - Hardware field is used to identify the hardware
on which your software or a specific module is running on.
[PICTURE APPEARS HERE]Operating System - Operating System field is used to
identify the operating system where the software or a specific module is running
on. This information is relied upon by engineering when delivering a fix or a
patch and therefore MUST be accurate
----
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Portal Confidential and Proprietary Page - 6 -
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permission
<PAGE>
Product Support
Guidelines, Policies and Definitions
[PICTURE APPEARS HERE]Database - Database field is used to identify the
relational database management system (RDBMS).
Problem Summary - Product Summary field is used to provide a brief description
of the technical problem which you are experiencing.
[PICTURE APPEARS HERE]Problem Detail - Problem Detail field is used to provide a
detailed description of the technical problem which you are experiencing. Please
send large text files as an attachment to techsup@portal.com. Enter as much
------------------
information as possible to allow Portal staff to accurately isolate the problem.
The detail description should also include the following information:
. Errors in the error logs (i.e. cm.pinlog, dm.pinlog, and so forth)
. Configuration information relevant to this problem.
. How and when the problem occurs.
. Steps to reproduce the problem.
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Portal Confidential and Proprietary Page - 7 -
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permission
<PAGE>
Product Support
Guidelines, Policies and Definitions
Email any configuration (pin.cnf) or log files (pinlog) to
techsup@portal.com. Please include your case number and company name in the
------------------
subject header of the email.
For example:
"Portal case# 1234: dm_oracle pinlog files"
NOTE: Be aware that when you CC people in your email to us with aliases, we
may not get the full email address of the CC'ed person. If that is the case,
we will be unable to send a reply to them. You will need to forward our reply
to them yourself.
Viewing Status or Updating a Support Case:
-------------------------------------------
To view current status or submit any updates to an existing support case, login
via www.portal.com/WebSupport/login.htm by providing your current user login and
-----------------------------------
password. From the `case listings' screen, double click on Case Description to
get to the `case activity' screen to view current status or submit any updates.
To submit updates, add your comments in the Additional Comments section and
click on `Submit' button when finished. At this point, the Case Status will
change to `Submitted' and an email notification is sent to Portal's technical
support to notify them of the customer update.
SEVERITY DEFINITIONS
Severity 1 - Production issue - Major product defect causing complete loss of
service. A support case can be filed as a severity 1 ONLY if the problem
----------------------------------------------------------------
exists in a production environment. Resolution: work until complete
----------------------------------- -------------------
Examples:
. System failure prevents end-users from accessing network service.
. Failover not successful in routing around problems.
. Repeated data loss or data corruption occurs to object data.
. Repeated software failures that result in total interruption of service.
Severity 2 - Production issue/Emergency development issue - Serious product
defect causing major but intermittent loss of production service or preventing
imminent
--------------------------------------------------------------------------------
Portal Confidential and Proprietary Page - 8 -
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permission
<PAGE>
Product Support
Guidelines, Policies and Definitions
deployment of system under development. No workaround is available, but
operation can continue in a restricted fashion. Resolution: Work until
----------
complete.
---------
Examples:
. System failure prevents end-users from signing up for service, but
allows end users to access network services.
. System failure prevents billing collections from occurring, but allows
end-users to access network service.
Severity 3 - Significant product defect causing loss of service of one or more
functions or a technical question of high urgency. Workaround is not available,
or functionality loss is critical to system operation. Resolution: "Quick Fix"
----------
or next release, if imminent
----------------------------
Examples:
. System failure prevents admin users from performing specific account
updates, but all other functions are working. However, the missing
function is critical to determining customer's sales commissions.
. System failure prevents end-users from accessing web pages for account
information, but allows end-users to access network service. However,
for many users, the web is the only access available to them.
Severity 4 - Product defect causing loss of service of one or more functions or
a technical question of medium urgency. Workaround is available, or
functionality loss is not critical to system operation. Resolution: Next or
--------
future release
--------------
Examples:
. System failure prevents admin users from performing specific account
updates, but all other system functions are working.
. System failure prevents end-users from accessing web pages for account
information, but allows end-users to access network service.
Severity 5 - Minor product defect causing little or no end-user visible loss of
service or a technical question of low urgency. This category includes cosmetic
errors or defects where the impact to a customer's operation is minor.
Resolution: Candidate for future release
----------------------------
Examples:
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Portal Confidential and Proprietary Page - 9 -
Not to be disclosed without prior written
permission
<PAGE>
Product Support
Guidelines, Policies and Definitions
. Documentation errors requiring correction or clarification.
. Most error message problems.
. System failure that occurs rarely and where failover successfully routes
around the failure.
Severity 10 - Enhancement request to Infranet for new feature or modification to
existing feature rendering the feature more effective, complete or easier to
use. Resolution: Candidate for future release
----------------------------
Examples:
. Additional summary reports by cycle, accounts, etc.
. Additional screens in the web interface.
Changing a Severity Level:
---------------------------
When a support case is initially submitted, the submitter makes their best
estimate of the appropriate severity level and files it as such. As Portal and
the submitter work on the reported issue, it may become clear that the severity
level should be changed. If the submitter wishes to change the severity level,
they should update the case via the web to indicate what severity level to
change from and to, and why the change is being requested. If in reviewing the
case, Portal's analysis is that a change in severity levels is consistent with
the definitions above, Portal will change the severity level and notify the
submitter.
STATUS DEFINITIONS
Submitted - A support case is in this state when first submitted. An existing
case will revert back to the submitted state when any updates are made via the
web by the submitter.
Pending - waiting Customer - A support case is in this state to indicate that
more information is needed from the submitter for Portal to further analyze the
problem. Information to include when submitting a case includes: how to
reproduce the error, any non-reproducible symptoms and any error messages,
configuration information, steps to reproduce the failure and so forth.
--------------------------------------------------------------------------------
Portal Confidential and Proprietary Page - 10 -
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permission
<PAGE>
Product Support
Guidelines, Policies and Definitions
Researching - A support case is in this state to indicate that the technical
support engineer is in the process of trying to reproduce the problem. If the
issue can be resolved without engineering evaluation, the technical support
engineer will drive resolution.
Qualified as Bug - Technical Support has reviewed the support case and has
qualified it as a bug warranting engineering evaluation. Cases filed as a
severity 1 or severity 2 remain in this state until a fix or a patch is
delivered. Cases filed as severity 3, severity 4, severity 5 or severity 10 are
moved to Closed state. However, customers can continue to monitor engineering
progress and updates for Closed support cases that have been qualified as bugs.
Patch Delivered - A patch or a "Quick Fix" was delivered to the customer and is
awaiting customer validation. Case is moved to `Closed' state after
verification of fix from customer.
Closed - Closed is the final state of a case and indiates that no further
analysis is needed to be performed by Portal's technical support staff. The
technical question has been answered satisfactorily. In the case of a product
defect submitted as a severity 3, 4, 5 or a 10, technical support will continue
to update the support case with status from engineering.
Typical Progression Through Status
----------------------------------
The order in which the status indicators are listed in the prior pages is close
to representing the typical progression through to resolution. All cases are
automatically tagged with a status of "Submitted" when they are filed.
Technical Support engineers are the first ones at Portal to review a case. They
will do one of four things.
1) They may see that more information is needed to analyze the problem, note
what information is needed in the case and change the status to "Pending-
waiting Customer" until more information is provided by the submitter.
2) They may determine that this case warrants review by Portal Engineering
and reports the issue to enigneering and changes the status to "Qualified
as Bug".
3) They have all the necessary information to try reproducing the problem
and changes the status to "Researching".
4) Or they are able to answer the question if the answer does not require
any code changes, and changes the status to "Closed".
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Portal Confidential and Proprietary Page - 11 -
Not to be disclosed without prior written
permission
<PAGE>
Product Support
Guidelines, Policies and Definitions
Once a case is marked as Qualified as Bug, then Portal Engineering reviews it,
assigns it to an appropriate engineer. When an engineer reviews the case, they
may do one of three things:
1) Evaluate it, determine they have enough information to reach a resolution.
2) Evaluate it, determine that more information is necessary, list what
information is necessary in the case and mark the status as "Pending
waiting Customer"
3) Evaluate the case, determine that it should be closed for some reason,
indicate the reason (such as not a bug) and change the status to "Closed"
After a Portal engineer has evaluated a case and has determined that enough
information is available, the engineer will work on a fix for the error. After
the build in which the fix has been integrated is delivered (posted to the
Portal web site) as a Release or an Update, then the case status is changed
to"Patch Delivered". Or in the case of a severity 1 or a severity 2 issue, if
Portal agrees that it mandates an immediate resolution, Portal engineer will
work to provide a standalone `Quick Fix' as an interim solution. In the
------
interest of speedy delivery to our customers, `Quick Fixes' bypass our full
---------------------------------------------------------------------------
system tests and are only unit tested by the engineers. We strongly recommend
------------------------------------------------------------------------------
that `Quick Fixes' are fully tested in your test environment prior to deployment
--------------------------------------------------------------------------------
in your production environment. `Quick Fixes' are integrated into the next
---------------------------------------------------------------------------
patch release, updates or normal product release . Portal will provide `Quick
------------------------------------------------------------------------------
Fixes' only for the latest patch or update currently supported for that release.
--------------------------------------------------------------------------------
We recognize that your technical problems often need immediate attention. To
address this need, we have asked our technical support engineers to be available
24 hours a day to respond to both severity 1 and 2 problems. In order to ensure
that we continue to provide this high level of support, we request confirmation
of the success or failure of a 'Quick Fix' or workaround within 48 hours after
it has been provided to you. The ability to work closely with you is critical
for resolving your technical problems efficiently.
Support Case Activity Log
-------------------------
Any activity on the support case will be added to the call `Details' section as
it progresses through to resolution. Any information that is pertinent will be
added to the `Details. In particular when a case status is changed to Pending,
details of what information is needed is described.
RESPONSE and RESOLUTION OBJECTIVES
--------------------------------------------------------------------------------
Portal Confidential and Proprietary Page - 12 -
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permission
<PAGE>
Product Support
Guidelines, Policies and Definitions
It is our intent to meet or beat the Response and Resolution Objectives
guidelines as set forth in the table below. Actual response and resolution
times may take longer and are depended upon the complexity of the problem.
<TABLE>
<CAPTION>
----------------------------------------------------------------------------------------------
SEVERITY LEVEL CALL TARGET RESOLUTION
BACK for OBJECTIVE
TIME INITIAL
ANALYSIS
<S> <C> <C> <C>
1 Complete loss in production 30 minutes 4 hours work until complete
2 Serious defect causing major but 4 hours 8 hours work until complete
intermittent loss in production or
preventing deployment.
3 Significant defect causing minor 2 business 5 business days Patch or next
loss in production with no days release
workaround
4 Minor defect causing minor loss Via WEB Via WEB updates Next or future
with workaround updates release
5 Minor defect causing no loss Via WEB Via WEB updates Candidate for
updates future release
10 - Request for Enhancement Via WEB Via WEB updates Candidate for
updates future release
----------------------------------------------------------------------------------------------
</TABLE>
Phase Definitions:
------------------
Call Back Time - Initial callback from Portal by a qualified technical support
representative.
Target for Initial Analysis - Targeted response time for first detailed analysis
of problem, including any possible workaround and plan for complete resolution.
Resolution Objective - Estimate of when a fix or workaround is available to
customer to eliminate symptoms of problem.
NOTE: Our response time for product defects will be based on the severity
levels and individual customer's support contract. If the defect is not
resolved in a satisfactory manner, please escalate the situation per the
"Escalation Process" as described on page 13.
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Portal Confidential and Proprietary Page - 13 -
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permission
<PAGE>
Product Support
Guidelines, Policies and Definitions
COMMUNICATION
Severity 1 Cases
----------------
For Severity 1 cases Portal provides updates to submitter as pertinent
information becomes available. These updates are provided via phone, fax
or email or via web updates as the situation warrants. The definition of
Severity 1 as complete loss of service in production will be strictly
adhered to and any cases that do not fall within this definition either
initially or after a work around has been provided will be reassigned to a
lower severity level.
Severity 2 Cases
----------------
For Severity 2 cases Portal provides updates to submitter as pertinent
information becomes available. These updates are provided via phone, fax
or email or via web updates as the situation warrants. The definition of
Severity 2 as major loss of service in production or preventing imminent
deployment will be strictly adhered to and any cases that do not fall
within this definition either initially or after a work around has been
provided will be reassigned to a lower severity level.
Severity 3, 4, 5 and 10 Cases
-----------------------------
Portal communicates updates on these cases via web updates as pertinent
information is available. The Web-Base support interface permits users to
search for recently updated cases and it will also send email
notifications when a case is changed.
24X7 SUPPORT
Our 24-hour support services are only available to our Gold Level Support
customers for reporting a severity level 1 or a severity level 2 system failure
in a production environment only. For all other severities and for Silver Level
Support customers, please call during our normal business hours Monday through
Friday (excluding holidays) 8:00 am - 5:00 pm PST.
SUPPORT ESCALATION PROCESS
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Portal Confidential and Proprietary Page - 14 -
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permission
<PAGE>
Product Support
Guidelines, Policies and Definitions
To ensure that our customers are getting the appropriate level of attention and
service, the following are escalation procedures to use when dealing with any
Infranet product defect.
Severity 1 Errors:
Definition: Major product defect causing complete loss of service.
----------
Escalation Process:
-------------------
1. Report the failure via the Web-Based Support interface:
www.portal.com/websupport/login.htm
-----------------------------------
2. Call our 24-Hour message center at (408) 752-7430 to report the problem. The
on-call support engineer will be paged to respond. A support engineer is
expected to respond within 30 minutes of logging the call with the message
center. If you are able to bring your production system back online
-----------------------------------------------------------
successfully and believe that a less urgent fix is required and can be
----------------------------------------------------------------------
worked on during normal business hours, you do not have to call the message
---------------------------------------------------------------------------
center.
-------
3. The initial focus of the support engineer will be to provide assistance to
bring the production system back online. Analysis of the cause and/or
resolution may take longer.
4. Support engineer escalates to Portal engineering.
Severity 2 Errors:
Definition: Serious product defect causing major but intermittent loss of
-----------
production service or preventing imminent deployment of system under
development.
Escalation Process:
-------------------
1. Report the failure via the Web-Based Support interface:
www.portal.com/websupport/login.htm
-----------------------------------
2. Call our 24-Hour message center at (408) 752-7430 to report the problem. The
on-call support engineer will be paged to respond. A support engineer is
expected to respond within 2 hours of logging the call with the message
center. If you are able to bring your production system back online
-----------------------------------------------------------
successfully and believe that a less urgent fix is required that can be
-----------------------------------------------------------------------
worked on during normal business hours, you do not have to call the message
---------------------------------------------------------------------------
center.
-------
3. The initial focus of the support engineer will be to provide assistance to
bring the production system back online. Analysis of the cause and/or
resolution may take longer.
4. Support engineer escalates to Portal engineering
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Portal Confidential and Proprietary Page - 15 -
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<PAGE>
Product Support
Guidelines, Policies and Definitions
Severities 3,4,5 & 10 Errors:
-
The message center does NOT handle severity 3, 4, 5 or 10 issues.
Escalation Process:
------------------
1. Report the failure via the Web-Based Support interface:
www.portal.com/websupport/login.htm
-----------------------------------
2. The support engineer will attempt to reproduce the problem.
3. If reproducible, support engineer submits the issue to Portal's engineering
for consideration in the next release or future release.
4. If you require a fix to be available sooner, inform the support engineer by
updating the support case via the web to indicate that the issue needs to be
escalated.
5. Support engineer escalates the issue to Portal engineering.
Note: For severity 3, 4, 5, and 10 issues, Portal engineering will review the
escalated issue and determine if a fix will or will not be available in the
timeframe requested.
Calling the 24-hour Message Center
----------------------------------
An agent with the message center will receive your call and collect the
following information from you: your name, phone number, company which you
represent, severity of the problem, and a brief message. The answering service
is instructed to escalate severity 1 and severity 2 issues to the appropriate
Portal individual. The message center personnel are provided with instructions
on how to escalate to the Manager of Technical Support and the VP of Portal's
Professional Services should the on-call engineer(s) fail to respond.
NOTE: Our 24-hour support services are only available to our Gold Level Support
customers for reporting a severity level 1 or a severity level 2 system failure
in a production environment only. For all other severities and for Silver Level
Support customers, please call during Portal's normal business hours which are
Monday through Friday (excluding holidays) 8:00 am - 5:00 pm PST.
For General Support Issues and Errors of Any Severity:
------------------------------------------------------
If you feel that an error or defect of any severity is not being resolved
appropriately, please call the Technical Support phone number at:
Technical Support: (408) 343-4410 (voicemail)
--------------------------------------------------------------------------------
Portal Confidential and Proprietary Page - 16 -
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<PAGE>
Product Support
Guidelines, Policies and Definitions
and leave a voicemail with your name, phone number, company which you represent
and brief problem description. A Technical Support engineer will be paged
automatically to assist you. If the Technical Support engineer is unable to
address your needs, please feel free to contact the Technical Support Manager
at:
Technical Support Manager: (408) 697-5037 (pager)
If the problem is not progressing at a speed with which you are satisfied, you
may ask the Technical Support Manager to escalate the issue.
TECHNICAL SUPPORT CONTACTS
To ensure that we provide uniform support to each of our customers, each
customer account is required to designate two senior level contacts to function
as the technical support liaison to Portal. Please send an email to
techsup@portal.com stating the name, phone number and email address of your
------------------
contacts. Your designated contacts will be added to our call tracking database
and will be the only individuals allowed to submit issues into technical
support. To change your contact information, please send an email request to
techsup@portal.com. Additional contacts can be negotiated into the Support
------------------
Maintenance Contract at additional cost.
SOFTWARE ERRORS
An Update Release is a full Infranet release and contain the cumulative set of
fixes available for a given release. Update Releases should be downloaded and
installed in full to ensure that you have the most recent, supported version of
Infranet.
Portal will work on cases of severity 1 and 2 until they are resolved. Fixes
for these cases are targeted to be included in an Update Release of the
currently shipping Infranet release as well as in the following release.
Cases of severity 3 and 4 are targeted for fixing in the next release, severity
5 for fixing in a future release and cases of severity 10 are candidates for a
future release.
Periodically, Portal does a full review of outstanding product bugs. Portal
engineering and Product Marketing determines the bug fixes and product
enhancements selected for integration into a release based upon customer demand
and value to our client base.
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Portal Confidential and Proprietary Page - 17 -
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permission
<PAGE>
Product Support
Guidelines, Policies and Definitions
Product Support Period
----------------------
Infranet releases are supported for a period of 18 months from the official
Release to Web date (RTW). Portal highly encourages customers to upgrade to the
latest release of Infranet in order to benefit from the latest features and
fixes.
Portal is a registered trademark in the United States, and Portal Software,
the Portal logo, the Real Time - No Limits tagline and Infranet are
trademarks of Portal Software, Inc. Copyright 1998 Portal Software, Inc.
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Portal Confidential and Proprietary Page - 18 -
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permission