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3.4 Termination for Lack of Funds. For government or <br />government -owned entities only, either party may <br />terminate this PA for Lack of Funds. Lack of Funds <br />is the inability of Licensee to secure appropriation of <br />funds through the legislative or governing body's <br />approval process for annual payments due. <br />4.0— PLATFORM PRODUCT UPDATES <br />4.1 Future Updates. Esri and its Authorized Distributor <br />reserve the right to update the list of Platform <br />Products in Table A by providing written notice to <br />Licensee. Licensee may continue to use all Platform <br />Products that have been Deployed, but support and <br />upgrades for deleted items may not be available. As <br />new Platform Products are incorporated into the <br />standard program, they will be offered to Licensee <br />via written notice for incorporation into the Platform <br />Products schedule at no additional charge. Licensee's <br />use of new or updated Platform Products requires <br />Licensee to adhere to applicable additional or revised <br />terms and conditions of the License Agreement. <br />4.2 Product Life Cycle. During the term of this PA, <br />some Platform Products may be retired or may no <br />longer be available for unlimited quantity <br />Deployment. PA Maintenance shall be subject to the <br />individual Product Life Cycle Support Status and <br />Product Life Cycle Support Policy, which can be <br />found at http :Hsunport.esri.com/en/content <br />/productlifecvcles Updates for Platform Products in <br />the mature and retired phases may not be available; <br />however, Licensee may continue to use Deployed <br />Platform Products for the term of this PA, but <br />Licensee will not be able to Deploy retired Platform <br />Products. <br />5.0 —PA MAINTENANCE <br />PA Maintenance is included with the PA Fee. PA <br />Maintenance includes standard maintenance benefits <br />specified in either (i) the most current applicable Esri <br />USA Software Maintenance Program document (found at <br />htty: / /www.esri.com/legal for USA -based Licensees or <br />(ii) the applicable Authorized Distributor software <br />maintenance policy as modified by this Article 5.0—PA <br />Maintenance. At Esri's sole discretion, Esri may make <br />patches, hot fixes, or updates available for download. No <br />Software other than the defined Platform Products will <br />receive maintenance under this PA. Licensee may acquire <br />maintenance for other Software (non - Platform Products) <br />outside this PA. <br />a. Tier I Support Provided by Licensee <br />1. Licensee shall provide Tier 1 Support through <br />the Tier 1 Help Desk to all Licensee's authorized <br />users. <br />2. The Tier 1 Help Desk will use analysts fully <br />trained in the Software they are supporting. <br />3. At a minimum, Tier 1 Support will include those <br />activities that assist the user in resolving how -to <br />and operational questions as well as questions on <br />installation and troubleshooting procedures. <br />4. Tier 1 Support analysts will be the initial points <br />of contact for all questions and Incidents. Tier 1 <br />Support analysts shall obtain a full description of <br />each reported Incident and the system <br />configuration from the user. This may include <br />obtaining any customizations, code samples, or <br />data involved in the Incident. The analyst may <br />also use any other information and databases that <br />may be developed to satisfactorily resolve <br />Incidents. <br />5. If the Tier 1 Help Desk cannot resolve the <br />Incident, an authorized Tier 1 Help Desk <br />individual may contact Tier 2 Support. The <br />Tier 1 Help Desk shall provide support in such a <br />way as to minimize repeat calls and make <br />solutions to problems available to Licensee. <br />6. Tier 1 Help Desk individuals identified by <br />Licensee are the only individuals authorized to <br />contact Tier 2 Support. Licensee may revise <br />named individuals by written notice. <br />b. Tier 2 Support Provided by Esri or Its Authorized <br />Distributor <br />1. Tier 2 Support shall log the calls received from <br />Tier 1 Help Desk individuals. <br />2. Tier 2 Support shall review all information <br />collected by and received from Tier 1 Help Desk <br />individuals including preliminary documented <br />troubleshooting provided by Tier 1 Help Desk <br />when Tier 2 Support is required. <br />3. Tier 2 Support may request that Tier 1 Help <br />Desk individuals provide verification of <br />information, additional information, or answers <br />to additional questions to supplement any <br />preliminary information gathering or <br />troubleshooting performed by Tier 1 Help Desk. <br />E218 -3 (Level 3) Page 4 of 6 02/28/2014 <br />