|
5.2 Customer represents and warrants to Kronos that Customer has the right to publish and disclose the Customer Content In tree Services.
<br />Customer represents and warrants to Krona that the Customer Content does not: (a) Infringe or violate any third -party right, Including but not
<br />ilrniled to intellectual property, privacy, or publicity rights, (b) be abusive, profane, or offensive to a reasonable person, or, (c) be hateful or
<br />Threatening.
<br />5.3 Customer will riot (a) use, or allow the use of, the Services In contravention of any federal, state, focal, foreign or other apppcable taw, or nifes
<br />or regulations of regulatory or administrative organizations; (b) Introduce Into the Services any virus or other code or routine Intended to disrupt or
<br />damage the Services, or alter, damage, delete, retrieve or record Information about the Services or its users; (t) excessively overload the Kronos
<br />systems used to provide the Services; (d) perform any security Integrity review, penetration lest, load test, denial of service simulation or
<br />vulnerability scar; (a) use any tool designed to automatically emt>late the actions of a human user (e.g., robots); or, (6) otherwise act in a
<br />fraudulent, maldous or negligent manner when using the Servtces.
<br />B, CONNECTIVITY AND ACCESS
<br />Customer acknowledges that Cuslomer shall (a) be responsible for securing, paying for, and maintaining connectivity to the Services (kiduding
<br />any and all related hardware, software, third party services and related equipment and components): and (b) provide Kronas and Kronos'
<br />representatives with such physical or remote access to Customer's computer and network environment as Kronos deems reasonably necessary
<br />In order for Kronos to perform Its oblikations under this Sectlon D. Customer will make all necessary arrangements as may be required to
<br />provide access t0 Customer's Computer and network environment if necessary for Kronos to perform ffs obligations under this Section D,
<br />Customer agrees that ftnos may audit Customer's use of the Services.
<br />7. IMPLEMENTATION AND SUPPORT
<br />7A implementation Services. Kmft'os will provide the Implemerdation Services to Customer. Implementation Services described In an SSS are
<br />provided on a time and materials basis. billed monthly as delivered. Implementation Services described in the Services Implementation Guideline
<br />are provided on a fixed fee basis. If Customer requests additional Implementation Services beyond those described in the SSS, Kronos will
<br />create a change order for Customer's review and approval and any additional Implementation Services to be provided by Kronos In accordance
<br />with Section 6. Kronos' configuration of the Appllcatfons will be based on Information and wards flows that Kronos obtains from Customer during
<br />the discovery portion of the implementation. Customer shay provide Kronos with necessary a>nfigurafdon-related Information in a timely manner to
<br />ensure that mutually geed implementation sdheduies are met,
<br />7.2 Additional Services. Customer may engage Kmnos to provide other services which may be fixed by aulivity or provided on a time and
<br />materials basis as indicated on Cte applicable Order Form.
<br />7.3 Support. Kronos will provide 24x7 support for the hosting Infrastructure, the availability to the hosting environment, and telephone support for
<br />the logging of functional problems and user problems. Customer may log questions online via the Kronos Customer Portal. As part of such
<br />support, Kronos will make updates to the Swvlc" available to Customer at no charge as such updates are released generally to Kronos'
<br />customers. Customer agrees that Kronos may install such updates automatically as part of the Services.
<br />7.4 Support Services for Equipment. Provided Customer has purchased support service6 for the Equipment, the following terms shad apply
<br />(support services for rented Equipment are Included In the rental fees for such Equipment):
<br />(a) Upon the failure of Installed Equipment, Customer shall notify Kronos of such failure and Kronos will provide remote fault Isolation at the FRU
<br />(Field Repiacernent unit) or subassembly level and attempt to msofve tha problem. Those failures determined by Kronos to be Equipment related
<br />shall be dispatched to a Kronos Depot Repair Center, and Customer YAI be provided with a Return Material Authorization Number (RMA) for the
<br />hatted Equipment If Customer is to return the failed Equipment to Kronos, as reasonably determined by Kronos. Customer must return the failed
<br />Equipment with the supplied RMA number.
<br />(b) Kronos wig pmvkfa a replacement for the failed Equipment at the FRU or subassembly level an an "advanced exctraW basis, utilizing a
<br />carrier of Kronos' choice. Replacement Equipment will be shipped the same day. for delivery to Customer's location as further described In the
<br />Support Porlides. REPLACEMENT ECKAPMENT MAY BE NEW OR RECONDITIONED. Customer shaEl specify the address to which the
<br />Equipment Is to be stripped. All shipments wN include the Kronos provided RMA designating the appilrabke Kronos Depot Repair Center, as the
<br />recipient. Cuslvmer, upon recelpt of the replacement Equipment from Kronos, shall package the defective Equipment in the materials provided by
<br />Kronos, with the RMA supplied and promptly return failed EgL*nerht directly to Kronos.
<br />(c) Customer shall be entitled to receive smi a packs for the Equipment (with may contain system software updates, fkmwam updates,
<br />security updates, and feature enhancements) available for download at Kronos' customer portal. Service packs for Use Equipment are not
<br />installed by Knmos.
<br />(d) Kronos warrants that all serviced packs and firmware updates provided under this Section D Shall materially perform In accordance with the
<br />Kronos published spedfications for a period of ninety (90) days after download by Customer. In the event of a breach of this warranty. Customer's
<br />exclusive remedy shalt be Kronos' repair or replacement of the deficient service packs) or finnwrare update(s).
<br />(a) Customer agrees that It snap return failed Equipment promptly as the failures ocrxrr and that A shall not hold failed Equipment and send lalted
<br />Equipment to Kronos In 'batches* whkh shag result In a longer turnaround time to Customer. In addition. In all chcumstances. Customer agrees
<br />to:
<br />(1) Maintain the Equipmerhl In an environment conforming to the Documentation for such Equipment:
<br />(0) Not perform self-4epairs on the Equipment (i.e., replacing components) without prior mitten authorization from Krorws;
<br />o) De -install all felted Equipment and install all replacement Equipment In accordance with Kronos' written Installation guidelines;
<br />(iv) Ensure that the Equipment is retuned to Kronas property packaged; and
<br />(v) Obtain an RMA before returning any Equipment to Kronos and place the RMA dearly and conspicuously on the outside of the shipping
<br />package. Customer may only return the specific Equipment authorized by Krows when Issuing the RMA.
<br />7.5 KnowledgePass Education Subscription. When KnowledgePass Education Subscription Is listed on an Order Form, Kronos will provide
<br />Customer with the KnowledgePass Education Subscription, The KnowledgePass Education Subscription provides access to certain educational
<br />offerings provided by Kronos (the 'KnowledgePass Content"), Customer recognizes and agrees that the KnowledgePass Content Is copyrighted
<br />by Kronos, Customer is permitted to make espies of the KnowledgePass, Content provided In 'pdf fern solely for Customer's Internal use.
<br />Customer may not disclose such KnowledgePass Content to any third party other than Customees employees. Customer may not edit, modify,
<br />revise, amend, change, alter, customize or vary the KnowledgePass Content without the written consent of Krorws, provided that Customer may
<br />download and modify contents of training kits soiety for Customer's hhternal use.
<br />7.6 Traiiing Paints. 'Training Points` which are purchased by Customer may be redeemed Wan equivalent value of Inslrucbr4ed "ring sesslons
<br />20
<br />
|