|
NEOGOV IM
<br />rules, technology, Industry practices, patterns of system use, Updates and Upgrades, and availability of third -party
<br />services.
<br />7. Maintenance; Modifications; Support Services.
<br />a) Maintenance, Updates, Upgrades. NEOGOV maintains NEOGOV's hardware and software Infrastructure for
<br />the Services and is responsible for malntalning the NEOGOV server operation and NEOGOV database
<br />security. NEOGOV may In Its sole discretion, periodically modify, Update, and Upgrade the features,
<br />components, and functionality of the Services during the Term. "Update' means any update, bug fix, patch or
<br />correction of the Services or underlying NEOGOV software that NEOGOV makes generally available to Its
<br />customers of the same module, excluding Upgrades. Updates are automatic and available upon Customer's
<br />next login to the Services following an Update at no additional cost to Customer. "Upgrade" means any update
<br />of the Services or underlying NEOGOV software such as platform updates, and major product enhancements
<br />and/or new features that NEOGOV makes commercially available. NEOGOV shall have no obligation to
<br />provide Upgrades to customers and retains the right to offer Upgrades free of cost or on a per customer basis
<br />at additional cost. NEOGOV shall have no liability for, or any obligations to, Investments In, or mocilficatlons
<br />to Customer's hardware, systems or other software which may be necessary to use or access the Services
<br />due to a modification, Update, or Upgrade of the Services.
<br />b) Training Materials; Support. Primary training of NEOGOV Services Is conducted by self -review of online
<br />materials. NEOGOV's pre -built, online training consists of a series of tutorials to Introduce the standard
<br />features and functions (the "Training Materials"). The Training Materials may be used as reference material
<br />by Customer Personnel conducting day -today activities.
<br />c) Implementation. For Services requiring Implementation, NEOGOV Implementation supplements the Training
<br />Materials and is conducted off-slfe unless otherwise agreed in the Ordering Document. NEOGOV personnel
<br />will provide consultation on best practices for setting up the Services, answer Customer questions during the
<br />implementation period, and ensure Authorized User Admins grasp the system.
<br />d) Support. Phone support for the Services Is available to Customer Monday through Friday, excluding NEOGOV
<br />holidays. Online support for the Services Is available 24 hours a day, seven days a week. The length of time
<br />for a resolution of any problem Is dependent on the type of case.
<br />e) Limitations. Unless otherwise specified In the Ordering Document, this Agreementdoes not obligate NEOGOV
<br />to render any maintenance or support services that are not expressly provided herein, Including, but not limited
<br />to data uploads, manual data entry, migration services, data conversion, refinement, purification, reformatting,
<br />SQL dump, or process consultation.
<br />S. NEOGOV Intellectual Property, NEOGOV shall exclusively own all right, title and Interest in and to all pre-existing
<br />and future intellectual property developed or delivered by NEOGOV including all Services, products, systems,
<br />software (including any source code or object code) or Service Specifications related thereto, Updates or
<br />Upgrades, trademarks, service marks, logos and other distinctive brand features of NEOGOV and all proprietary
<br />rights embodied therein (collectively, the "NEOGOV Intellectual Property'). This Agreement does not convey or
<br />transfer title or ownership of the NEOGOV Intellectual Properly to Customer or any of Its users. All rights not
<br />expressly granted herein are reserved by NEOGOV. Other than recommendation use or as required by law, all
<br />use of NEOGOV Trademarks must be pre -approved by NEOGOV prior to use. Trademarks shall include any word,
<br />name, symbol, color, designation or device, or any combination thereof that functions as a source identifier,
<br />including any trademark, trade dross, service mark, trade name, logo, design mark, or domain name, whether or
<br />not registered.
<br />9. Data Processing and Privacy,
<br />a) Customer & Platform Date. 'Customer Data' shall mean all data that is owned or developed by Customer,
<br />whether provided to NEOGOV by Customer or provided by a thlyd party to NEOGOV In connection with
<br />NEOGOV's provision of Services to Customer, including Personnel or Job Seeker Profile Data collected,
<br />loaded into, or located in Customer data files maintained by NEOGOV. NEOGOV Intellectual property,
<br />including but not limited to the Services and all derivative works thereof, NEOGOV Confidential Information,
<br />and Platform Data do not fall within the meaning of the term "Customer Data'. Customer exclusively own all
<br />right, titto, and interest in and to all Customer Data. Customer grants NEOGOV a license to host, use, process,
<br />display, create non -personal derivative works of, and transmit Customer Data to provide the Services.
<br />'Platform Data'shall mean any data reflecting the access or use of the Services by or on behalf of Customer
<br />or any user, including statistical or other analysis and performance information related to the provision and
<br />
|