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SmartGate Policies

The SmartGate Software Product Maintenance (SPM) Policy offers this plan that covers updates/upgrades and telephone/e-mail support. SPM coverage is procured by written purchase order concurrently with, or subsequent to, the purchase of SmartGate software. This contract may be changed by AEP at any time at AEP's discretion with a 30-day notice.

Maintenance Coverage - The coverage provided hereunder is applicable to licensed "Covered Software" for which the SPM fees have been paid. The effective date for coverage is the beginning of the month closest to the date of receipt by AEP of a purchase order, or payment, for new SPM agreements. SPM coverage remains in effect for an initial term of one year from the effective date or the number of months purchased, renewable for successive terms pursuant to Renewal and Termination section below. Maintenance is in effect provided the final payment is received by AEP no later than 30 days after the invoice date. Additional successive contracts may have coterminous dates so that each customer organization has one yearly renewal date and payment amount for all products purchased, regardless of original purchase date. Onsite support and network security consulting are not covered by this agreement.

Covered Software - "Covered Software" is defined as SmartGate products only. Further, AEP will only cover software versions that are listed under the current "Supported Software List".

New Version Release and Maintenance Release - The term "Maintenance Release" means a revision of AEP's software that includes corrections and minor modifications to existing features operating on the base platform for which the "Covered Software" was originally licensed. "Maintenance Releases" also include a revision of the "Covered Software" that enables it to operate on the base platform, as the manufacturer may have upgraded the base platform. The term "New Version Release" means a revision of the "Covered Software" that includes performance or functionality enhancements. Some such enhancements may be offered, in whole or in part, by AEP for a license fee, or product extension add-ons for which AEP charges a fee.

Defective Software Media -- AEP will replace any AEP software distribution media (CD-ROM disk, tape, diskette) that fails under normal use for a period of 90 days after purchase.

Fault Isolation and Repair - Customer care support is provided via telephone and electronic mail for troubleshooting, diagnosing, and resolving defects and/or technically related problems encountered with the installation, configuration, and maintenance of AEP software products. Problem resolution is limited to "Covered Software" products only.

Purchased Hardware Warranty Support - Coordination of the manufacturer's service or repair of hardware sold by AEP in conjunction with "Covered Software" and in accordance with the manufacturer's warranty is provided under this plan by the AEP Customer Care Staff. Hardware support policies are determined by the hardware manufacturer. Customer is responsible for renewing hardware maintenance with the manufacturer at the expiration of the initial term of hardware maintenance purchased through AEP.

Standard Support Service Hours - Telephone and on-line support is provided between 9:00 A.M. and 5:00 P.M. United States Eastern Time, Monday through Friday, excluding holidays on which AEP is not open for business (Standard Hours). In addition, Customers may contact the AEP Customer Care Center during Non-Standard Hours by calling +1-732-652-5200 opt 4, or toll free at 1-877-638-4552, opt 4. On-call support engineers provide telephone support during Non-Standard Hours. Severity Level 1 Troubles, defined below, take precedence.

Problem Response Time Targets - AEP uses its best efforts to respond to Customer trouble calls/e-mails as quickly as is technically feasible.

Customer Contact - AEP accepts calls only from a Customer's designated technical contact(s). The Customer's end user community should direct support requests to the Customer's qualified first tier support service infrastructure. AEP reserves the right to limit the number of a Customer's designated technical contact(s) for support services purchased at standard rates.

Obligations of the Customer - The Customer is responsible for (i) notifying AEP immediately upon discovery of any technical problem or issue in the Covered Software; (ii) proper back-up of the software and all related data; (iii) providing any AEP Customer Care engineer requested information necessary to research the problem; (iv) during technical problem resolution, if AEP determines that access (electronic or physical) to the Customer's software is required to provide support, the Customer will, at no cost to AEP, provide such access, the necessary computer time, and related support services required by AEP as mutually agreed

Pricing and Payments - SPM subscriptions are per licensed Server and per Client (Server Seat). Current subscription pricing is available in the AEP Product Price List. If the Customer is not on maintenance and is not running "Covered Software", the Customer may either purchase a new software license in conjunction with current maintenance or the Customer may pay maintenance in arrears to receive Customer Care services. List Price changes made by AEP to the SPM offered do not affect SPM subscriptions in force, until subscription renewal.

Renewal and Termination - Purchase Orders for maintenance renewal must be received prior to expiration date of the existing maintenance term for coverage to continue without interruption. If payment for Maintenance is not received on or before the due date designated on the AEP invoice, maintenance coverage will terminate. Renewal dates coincide with expiring software product maintenance dates. Quotes for renewals on expired software product maintenance are backdated in accordance with this policy.

Limited Warranty and Limitation of Liability-

Limitation - AEP'S LIABILITY ARISING OUT OF THE SOFTWARE PRODUCT MAINTENANCE SUBSCRIPTION, OR ANY SOFTWARE OR SERVICES PROVIDED HEREUNDER SHALL BE LIMITED TO THE SPM SUBSCRIPTION FEES PAID BY THE CUSTOMER FOR THE COVERED SOFTWARE DURING THE SOFTWARE PRODUCT MAINTENANCE COVERAGE PERIOD. IN NO EVENT SHALL AEP BE LIABLE TO THE CUSTOMER OR ANY OTHER ENTITY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES; HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT AEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.