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EXHIBIT D <br />Equipment and Services <br />This Exhibit is applicable to Services and Equipment which may be provided by NEC Corporation <br />of America ("NEC") as part of the Subscription services. <br />Definitions. These supplemental definitions shall apply to Services and Equipment <br />delivered under this Agreement. Any capitalized terms not otherwise defined herein shall <br />have the meaning that is given to it elsewhere in the Agreement. <br />a. "Equipment" means hardware products leased to Subscriber by NEC hereunder as <br />part of the Subscription service. <br />b. "Services" means the installation, maintenance, professional or other related <br />services performed by NEC hereunder. <br />C. "Time & Materials Price" or "T&M" Services may be offered on an hourly basis <br />at defined labor rates plus any materials or tools of the trade or other costs as <br />described in an Exhibit to this Appendix. <br />2. Equipment. <br />a. Equipment Title, Delivery and Risk of Loss. NEC retains ownership of all <br />hardware and components, and such Equipment shall be returned to NEC at the <br />termination or expiration of the contract term. Equipment will be shipped F.O.B. <br />origin. <br />3. Services. NEC represents and warrants that all Services provided to Subscriber pursuant <br />to any Subscription Order shall be performed by competent personnel, with professional <br />diligence and skill, consistent with industry standards, and will conform in all material <br />respects to the specifications and requirements set forth in the Agreement. <br />a. Maintenance Services. NEC possesses the requisite knowledge and experience to <br />ensure that Subscriber's Subscription will be available on a continuous basis, as <br />described below, with minimal interruptions. <br />NEC's CJIS-compliant Biometrics Operations Support Service (BOSS) will <br />provide standard 8 x S remote coverage for WideNet services. NEC's U.S.-based, <br />CJIS-compliant Biometrics Operations Support Service (BOSS) Call Center is <br />operated by a dedicated engineering team that performs Remote Monitoring <br />Service (RMS) activities, including service request logging, response, tracking, <br />escalation, resolution, and report management. <br />NEC's maintenance and support services are based on a standard four -tiered <br />support model that follows industry best practices for delivering technical support, <br />v11222017 <br />