VOUND COLORADO LTD SOFTWARE MAINTENANCE AND SUPPORT AGREEMENT

PLEASE READ THIS MAINTENANCE AND SUPPORT AGREEMENT CAREFULLY BEFORE RECEIVING MAINTENANCE OR SUPPORT SERVICES. BY USING OR REQUESTING ANY SUPPORT OR MAINTENANCE SERVICES FROM VOUND, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE THAT SUCH AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU ARE RECEIVING MAINTENANCE OR SUPPORT SERVICES ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE FULL AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU ARE ACCEPTING SUCH TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE SUCH SERVICES.

Comprehensive access to new product version, updates, maintenance releases and patches are essential to ensure your work product is of the highest quality. The Vound Colorado Ltd Software Maintenance and Support Agreement ("MA") enables you to effectively keep your products up to date with the latest eDiscovery and forensic requirements. This allows you to achieve the greatest returns from your investment in Vound products.

  1. Software Maintenance and Technical Support. Vound Colorado Ltd (Vound) provides the following software maintenance and technical support services
    • Vound software new product versions, updates, maintenance releases and patches
    • Access to Vound Support portal
    • Access to Vound Technical Support

    Terms, conditions, technical support, features, procedures, pricing and support availability are subject to change at any time without notice.

  2. Maintenance Agreement. Software Maintenance refers to the delivery of maintenance, technical support, new minor product versions, updates, maintenance releases and patches and is generally available to customers who have purchased a current MA or annual subscription. The MA is included in the price of the software for the first 12 months after purchase. Thereafter customers with perpetual licenses are able to purchase an MA at 20% of the current list price of the software.

    We do not require existing customers to purchase new major product releases as other software companies do. However to be eligible for major product releases the customer is required to have a minimum of 60 days remaining on their MA. Customers who have less than 60 days MA at the time of release will become eligible for the new version when they renew their MA.

    Examples of a major release is upgrading from version 1.9 to version 2.0, or version 2.0 to version 2.1. Version 2.1.1 would be considered a minor release and therefore available to any customer with a current MA.

    Renewal and Expiration of Maintenance Agreements. Vound will notify You at the last known contact details you supplied by email of scheduled expiration at least 60 days prior to MA expiry date. MA renewal fees are due and payable in advance of expiry date. If Vound has not received an order or payment prior to the MA expiry date, you will no longer be eligible to receive support, or software updates that are released after the MA term has expired. If your contact person has changed during the term of the MA, it is your responsibility to notify Vound of the relevant contact person and contact details for MA renewal. Vound will not be held responsible if you do not receive notice of expiration due to change of MA contact details.

  3. Prorating Maintenance Terms. If you have purchased multiple software products throughout the course of a year Vound will not issue separate MA quotes or invoices for each license. Instead, the MA anniversary date for any new licenses will be prorated to the existing anniversary date for existing licenses. The prorated MA dates and costs will be shown on the renewal quote/invoice.
  4. Reinstatement of Lapsed Maintenance Agreements. If the MA has lapsed, reinstatement fees equal to the lapsed fees, in addition to the current fees for 12 months in advance, will be due.
  5. Maintenance Agreements with Upgrades to New Intella product. If a customer upgrades to a different Intella product (e.g. upgrading from Intella 250 to Intella Professional) the MA expiry date remains the same. Additional 12 months MA is not offered free of charge on an upgraded license.
  6. Technical Support Limitations. Vound reserves the right to limit Technical and User Support communication to email only. Any requests for support by phone call will incur a minimum fee of US$295 in advance. Furthermore Vound reserves the right to limit each incident to a single support issue or question at one time. Vound may also limit or terminate support service to a customer or customer's agent who uses the service in an irregular, excessive, abusive or fraudulent manner. Vound Technical and User Support is only available to the company or organization that has purchased the Vound software licenses. Vound does not offer support to third party users. Vound Technical Support benefits only apply to the Vound product for which the customer has a current MA.
  7. Technical Support Agreement. Technical Support refers to issues that may be caused by defects with our software products. Technical support is available to users that hold a current MA, or within 12 months from date of license purchase. Vound shall not be obligated to resolve connectivity issues caused by third-party services, service providers, hardware or software, firewall or security system settings or networking problems. Vound Technical Support does not cover inquiries on general usage of our products, forensic or legal issues, nor does it include application consulting or assistance with any specific task or training. The determination of the nature of Your query for these purposes will be made by our technical support consultants. Should an issue that is reported as a technical support issue be found to be the fault of the user and not that of our products, Vound reserves the right to recover the costs of identification.

    Vound Technical Support Team will address the following topics only pursuant to the purchase of User Support. These Topics are User Support questions, not Technical Support questions

    • Instructions to undertake tasks such as searching or identifying items of interest
    • Exporting of results to other formats
    • Any form of case creation, evidence collection or chain of custody
    • Repairing corrupt files or items
    • Understanding the content or metadata of items
    • Network setup or installation
    • Use of software other than Intella (You need to seek assistance from Your application software supplier)
    • Hardware choice or setup
    • Any item that is not covered in the user manual
    • Recovering damaged Intella case files
    • Custom setup to meet specific client requirements
    • Any task that Vound deems not to be covered by technical support
  8. User Support. User Support refers to support questions not covered by Technical Support. User Support is generally defined as questions on how to use or achieve specific tasks or outcomes with Intella or as listed in item 7. Vound offers limited User Support for its products for 30 days from the first day a Support Ticket is submitted to our Support Team by the customer. After the initial 30 days of limited User Support the customer must either attend training or purchase User Support to continue receiving support considered as User Support. Please contact Your account manager for details.
  9. Technical and User Support Availability. Service availability may occasionally deviate from stated hours due to downtime for systems and server maintenance and observed public holidays. Vound cannot guarantee that You will not experience some delay in having one of our technical support consultants answer Your query. While Vound will always endeavor to find a solution or workaround to any reported issue in the shortest possible time, Vound cannot guarantee that it will be able to solve any support issue to meet any specific deadline. Customers are advised to allow reasonable time to address any identified issues. Failure to do so may affect our ability to resolve your request.
  10. Technical and User Support Disclaimer. Regardless of the communication medium used, Support is information or suggestions provided by Vound to assist with a request from a customer. This can also include any software, configuration changes or data file(s) supplied at the customer's request. Support is provided "as is" without warranty of any kind. Our replies are based on the information You have supplied and do not take into account all possible circumstances. At no time should our information or replies be seen as advice, nor should they be seen as the only possible method or solution available. While we are knowledgeable and skilled professionals, we cannot offer any guarantee as to the consequences of the support provided. Should the support cause damage or loss of any kind, Vound shall not be liable to You or any other person for indirect, special, punitive, incidental or consequential damages of any character, including damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all commercial damages or losses.
  11. Access to Support by non-Vound customers. You may not rent, lend, lease, sell, assign, transfer or grant any rights to Your Vound User Support Contract or MA to any other party. Vound reserves the right to refuse support to any party other than the registered customer. Any support required by a party other than the registered owner must be coordinated via the registered customer support account.
  12. Terms Incorporated from the Software License Agreement. Use of the Software is subject to all terms and conditions of the Vound Colorado Ltd. Software License Agreement (the "Software License Agreement"). In addition, Section 5 (Proprietary Rights), Section 6 (Confidentiality), Section 10 (Disclaimers), Section 11 (Limitation of Damages), Section 12 (Indemnification), and Section 15 (General) of the Software License Agreement are incorporated herein by reference as if fully set forth herein and shall survive termination or expiration of this Agreement.

Intella Connect Usage Limitations

In addition to the terms outlined in our Software License Agreement, the use of Intella Connect is governed by the following limitations. These limitations are to ensure that the use of Intella Connect and Vound Support is not subject to excessive support or over use of a single instance of Intella Connect.

  1. Intella Connect Case sharing Limitations. Case sharing is the ability to share across the network a set of evidence files that have been processed using Intella or Intella Connect into a case file. That case file is then shared and utilized by a number of assigned reviewers, paralegals, litigation support specialists or investigators using the Intella Connect case sharing feature.

    The supported number of concurrently active cases that Intella Connect can share should be no more than four at any given time. The definition of an active case is one that is shared with a reviewer logged in or reviewing that case. A case that is shared but does not have any active reviewers logged in does not count towards the four cases. Connect administrators needing to have more than four active cases at any one time will need to purchase a second Intella Connect license and set up another dedicated server for it. Optionally, administrators can take advantage of the "Intella Connect Grid" feature to supply their reviewers with unified access to all cases shared by the servers forming the grid.

    The supported number of concurrent reviewers per case is no more than eight.

    Vound reserves the right to refuse support to any user that it deems to be using Intella Connect in an unreasonable or excessive way.

    Vound also reserves the right to recommend that the user undertakes one of the following before offering support

    • Close any number of cases if Vound believes overuse of the case sharing functionality may be causing the support issue
    • Purchase additional copies of Intella Connect so as to spread the case sharing load across two or more computers
    • Uninstall or close any 3rd party software that may be causing issues

    The criteria that each support request will be based on are

    • Evidence size
    • Number of reviewers
    • Number of shared cases per Connect server
    • Computer equipment used

    Note: No support will be offered for any system that does not meet the minimum system requirements. Located here: https://www.vound-software.com/selecting-hardware

  2. Excessive Use. Excessive Use is a continuing and unreasonably disproportionate Use of Intella Connect case sharing feature when compared to other users. If Vound notices excessive Use of Intella Connect we reserve the right to ask You to purchase additional copies to better meet your requirements.
  3. Security obligations. When using Intella Connect case sharing across a network, You should ensure that You take all reasonable steps to protect information from misuse, loss, unauthorized access, modification or disclosure. It is therefore highly recommended that all users undertake their own security testing of the Intella Connect system before sharing data across any network connection (local or Internet). Furthermore, You should consider applying extra security layers such as SSL, multi factor authentication, VPN's and other point-to-point security systems to case sharing with Intella Connect. Vound takes no responsibility for any security issues that may arise from the use of Intella Connect.

Vound's Support Usage Limitations

Please see the following link for full details: https://www.vound-software.com/support-policy.

Contact

Vound welcomes Your comments regarding terms. Please don't hesitate to contact Vound should You have any queries regarding this policy at support@vound-software.com.

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