Customer FIRST Program User Guide Customer FIRST for Wonderware User Guide Schneider Electric Software 26561 Rancho Parkway South Lake Forest, CA 92630 USA Email: software@schneider-electric.com Tel 1-888-869-0059 U.S. & Canada Tel +1-949-727-3200 Direct Website: http://software.invensys.com/ © 2015 Schneider Electric Software, LLC. All rights reserved. This document contains proprietary information. No part of the material protected by this copyright may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, broadcasting, or by any information storage and retrieval system, without permission in writing from Schneider Electric Software, LLC. Customer FIRST for Wonderware User Guide, April 2015 | 1 Table of Contents About This Guide .......................................................................................................................................... 5 Our Mission: Your Success ........................................................................................................................... 6 The Customer FIRST For Wonderware Program - Overview ....................................................................... 7 Pricing ......................................................................................................................................................... 11 Support Reinstatement for Lapsed Enrollment ....................................................................................... 11 Included Services ........................................................................................................................................ 11 Technical Support and Services .............................................................................................................. 12 Business Hours Technical Support ...................................................................................................... 12 Global Customer Support Website Access.......................................................................................... 12 Customer FIRST Benefits App ............................................................................................................ 13 Online Training Webinars .................................................................................................................... 13 En route response commitment for Billable Onsite Corrective Assistance ......................................... 13 Discount on Technical Support Consulting Services ........................................................................... 14 Level 2 Direct/Advanced Technical Support ........................................................................................ 15 Emergency 24 Hour Technical Support (24/7/365) ............................................................................. 15 Support Usage and Summary Reports ................................................................................................ 15 Contract Management/Performance Reviews per year ....................................................................... 15 Software Maintenance and Utilities ......................................................................................................... 16 Software maintenance releases, service packs, patches, updates and hotfixes ................................ 16 Software version upgrades and revisions ............................................................................................ 16 Discount on Test & Offline Development System Licenses ................................................................ 17 Software Asset Manager ..................................................................................................................... 18 Software License Replacement ........................................................................................................... 18 Additional Benefits: Minimum Contract Spend Required ........................................................................ 18 Included Wonderware Training (Classroom, Recorded or Virtual Instructor-led) ................................ 18 Block of Technical Support Consulting Services Included .................................................................. 19 Complimentary Invitations to Schneider Electric Customer Events .................................................... 19 Dedicated Customer Portal .................................................................................................................. 20 Technical Account Management Team ............................................................................................... 20 Annual Lifecycle Assessment and Upgrade Planning Roadmap ........................................................ 21 Planning and Technical Advisement .................................................................................................... 21 Cyber Security Readiness Workshop .................................................................................................. 22 Optional Services ........................................................................................................................................ 22 Flexible Funding for Services .............................................................................................................. 22 Customer FIRST for Wonderware User Guide, April 2015 | 2 Upgrade and Migration Planning ......................................................................................................... 23 Customer FIRST for Solutions ............................................................................................................. 23 Software Asset Manager ..................................................................................................................... 24 Customer FIRST Cyber Security Maintenance Program ..................................................................... 24 Customer FIRST Cyber Security Assessment .................................................................................... 24 Technical Account Management Team ............................................................................................... 25 Resident Engineer ............................................................................................................................... 25 Implementation Consultant .................................................................................................................. 25 Proactive System Monitoring Services ................................................................................................ 26 Application Clone ................................................................................................................................. 26 Third Party Software Support .............................................................................................................. 27 Quality Customer Support Practices ........................................................................................................... 28 Service Capability & Performance (SCP) Certification ............................................................................ 28 Support Models ........................................................................................................................................... 28 Wonderware Support Model .................................................................................................................... 28 Contacting Technical Support ..................................................................................................................... 29 Obtaining Emergency 24x7 Support ....................................................................................................... 29 Wonderware ......................................................................................................................................... 30 Case Submission ..................................................................................................................................... 30 Gather Helpful Information Before You Contact Us ................................................................................ 31 What Happens When You Request Support ........................................................................................... 31 Support Escalation Policy ........................................................................................................................ 32 Escalating Your Issue .......................................................................................................................... 32 When Is Your Case Closed? ................................................................................................................... 33 Submitting a Feature Request ................................................................................................................. 33 Requests and Eligibility for Software Fix ................................................................................................. 34 Remote Support ...................................................................................................................................... 34 Warranty versus Support – What is the Difference? ................................................................................... 34 Warranty .................................................................................................................................................. 34 Support and Service ................................................................................................................................ 35 Lifecycle and Support Policies .................................................................................................................... 35 Schneider Electric Customer FIRST Program Terms and Conditions ........................................................ 37 Appendix A – Technical Support Consulting Services ................................................................................ 48 Appendix B – Flexible Services Fund Policy............................................................................................... 49 Appendix C – Customer FIRST for Solutions ............................................................................................. 50 Appendix D – Customer FIRST Cyber Security Maintenance Program ..................................................... 52 Customer FIRST Cyber Security Maintenance Program - Overview .................................................. 52 Common Elements .............................................................................................................................. 52 Customer FIRST for Wonderware User Guide, April 2015 | 3 Software Elements ............................................................................................................................... 55 Hardware Elements ............................................................................................................................. 56 Customer FIRST for Wonderware User Guide, April 2015 | 4 ABOUT THIS GUIDE Welcome! This guide will inform you about the Customer FIRST for Wonderware Program (the “Customer FIRST Program”) and Schneider Electric Software Global Customer Support (GCS) operations. This guide also contains our primary contact points and detailed information on how to contact our Global Customer Support organization. The following pages will inform you about: Features of the Customer FIRST Program – our innovative Software Maintenance and Support Program What to expect when you contact Schneider Electric Software Global Customer Support (GCS) to request support Wonderware brand technical support model Software Product Lifecycle support Customer FIRST Program Terms and Conditions Notes: The information contained in this guide represents the current view of Schneider Electric Software and is subject to change without notice. Please check our support website for updates to this document. The support and services offerings available to customers under the Customer FIRST Program may vary regionally. The Customer FIRST Program Terms and Conditions are available on pages 37-47. All such Terms and Conditions apply to your enrollment in the Customer FIRST Program. Customer FIRST for Wonderware User Guide, April 2015 | 5 OUR MISSION: YOUR SUCCESS The Customer FIRST for Wonderware Program is a fee based software maintenance and technical support program designed for end-users to extract and retain the maximum benefit from their Wonderware software investments. Customer FIRST is purchased in the form of an annual or multi-year agreement that can be renewed for continued coverage. It provides access to our award-winning technical support team, free major software upgrades and updates, and valuable software utilities, making it a must for businesses that use Wonderware software. The Customer FIRST Program serves as the foundation of a lasting service relationship that is predicated upon your success with our technology. The Customer FIRST for Wonderware Program demonstrates our commitment to your success by giving you access to a rich portfolio of essential software maintenance, technical support and services to help you protect and extend the value of your investment and keep your operations running smoothly. The Customer FIRST for Wonderware Program helps you get: Continuous software maintenance and innovation through software version upgrades to evolve your Wonderware solution to best address your changing business needs Access to technical support experts that are adept at resolving issues quickly, capitalizing on years of experience Optional services and system management applications enabling you to manage, optimize and extract the most value from your software solution Customer FIRST offers exceptional customer-focused software maintenance, services and support and is specifically designed to help you: Improve Operational Performance through accelerated project development and maximize return on investment while minimizing implementation risk Protect Critical Investments through product enhancements and the newest technology upgrades, keeping your software and applications current and “state-of-the-art” Maximize Asset Performance through improved performance levels of your system and plant assets using Wonderware software Reduce Total Cost of Ownership (TCO) by minimizing downtime and process interruption and improving operator productivity Customer FIRST for Wonderware User Guide, April 2015 | 6 THE CUSTOMER FIRST FOR WONDERWARE PROGRAM - OVERVIEW The Customer FIRST for Wonderware Program is a portfolio with four distinct program levels – Primary, Standard, Premium and Elite. These four levels are designed to meet our customers’ varied and demanding requirements. Your program level selection may depend on project and commissioning milestones, the complexity and criticality of your operations, the maturity of your systems and the expertise of your project resources. Primary Level: Schneider Electric offers Primary level membership in the Customer FIRST Program for customers that require an economical balance of fundamental support coverage and flexible service options. Designed for customers that have knowledgeable in-house resources who can efficiently handle any questions or complex issues that might arise during their use, the Customer FIRST Primary program level offers solid baseline support coverage. Supplement your access to expert technical support during normal business hours, extensive web support and software maintenance releases with flexible payment options for the purchase of labor-based services. Standard Level: Keep your Wonderware applications and solutions working reliably and efficiently with the Customer FIRST Standard program level. Maximize your investment in Wonderware products with access to the latest software versions and maintenance releases. Our expert technical support engineers are available to help you during normal business hours and hands-on corrective support is available if needed. Flexible payment options are available for purchase of labor-based services. At all times, Schneider Electric is here for you – to answer your questions and provide assistance for complex situations. Premium Level: The Customer FIRST Premium program is designed for customers that require a high level of support availability, including 24/7 emergency support, and responsiveness augmented by additional services designed to empower your business. The Premium program level combines a comprehensive support and services package that includes expert support from skilled Schneider Electric resources and priority en route response commitment for on-site corrective assistance. Your business will keep pace with the latest advancements in Wonderware products and solutions with access to the latest software version upgrades and maintenance releases. Additionally, flexible payment options are available for purchase of labor-based services. Elite Level: Schneider Electric offers Elite level membership in the Customer FIRST for Wonderware Program for those with the most critical business requirements, ideal for large enterprise or global organizations. Fulfill your demanding needs for support and services with everything the Customer FIRST Program has to offer, such as: 24/7 access to technical support, Customer FIRST for Wonderware User Guide, April 2015 | 7 extensive web-based support, software updates and upgrades and on-site corrective services. 1 Your Technical Account Manager can provide their in-depth Wonderware and industry expertise to facilitate attention to complex issues and relationships on your behalf. Supplement your inhouse resources with the optional services of a full time or part time Resident Engineer. Utilize the significant discounts available to you for Consulting services to enhance your team’s capabilities, or to increase your engineering capacity in a flexible manner. 1 Minimum purchase criteria may apply. Your sales person can advise you. Customer FIRST for Wonderware User Guide, April 2015 | 8 The following chart depicts the core features of the Customer FIRST Support and Services Program 2 levels . Included Services Primary Standard Premium Elite t t t t t t t t t t t t t t t t NBD NBD 2 4 hrs 4 hrs 10 % 10 % 20% t t t t t t 1 2 t t t t t t t t t t Technical Support And Services Business Hours Technical Support (normal local business hours) Global Customer Support Website Access Customer FIRST Benefits App Online Training Webinars En route response commitment for Billable Onsite Corrective Assistance Discount on Technical Support Consulting Services Level 2 Direct/Advanced Technical Support Emergency 24 Hour Technical Support (24/7/365) Support Usage and Summary Reports Contract Management/Performance review s per year Software Maintenance And Utilities Softw are maintenance releases, service packs, patches, updates and hotfixes Softw are Version Upgrades and Revisions Discount on Test and Offline Development System Licenses Softw are Asset Manager t Softw are License Replacement t Additional Benefits: Minimum Contract Spend Required Included Wonderw are Training (Classroom, Recorded or Virtual Instructor-led) Block of Technical Support Consulting Services included Complimentary Invitations to Schneider Electric Customer Events Dedicated Customer Portal Technical Account Management Team Annual Lifecycle Assessment and Upgrade Planning Roadmap 1 Seat* 2 Seats* 16 hrs * 2 4 hrs * 2* 5* t t t t t t Planning and Technical Advisement t Cyber Security Readiness Workshop t NBD = Next Business Day *This is the base quantity provided to customers meeting the minimum spend. Depending on your spend, you may qualify for additional quantities. 2 The availability of support and services features as described may vary by region. Individual support and service features will be provided as appropriate to brand(s), product(s) and selected program level. Customer FIRST for Wonderware User Guide, April 2015 | 9 The Customer FIRST for Wonderware Program also offers the flexibility to tailor your Support and Services to the specific needs of your business by layering Optional Services on top of your core program level. Note: The availability of Service and Support Options will vary depending upon the program level you are enrolled in as well as the Wonderware product being supported. As always, your sales person can advise you. Primary Standard Premium Elite t t t t t t t t t t t t Inc lude d Inc lude d t t t t t t t t t t t t t t Optional Services Flexible Funding for Services Upgrade and Migration Planning Customer FIRST for Solutions Softw are Asset Manager Customer FIRST Cyber Security Maintenance Program Customer FIRST Cyber Security Assessment Technical Account Management Team Resident Engineer Implementation Consultant Proactive System Monitoring Services Application Clone (remote, hosted) t 3rd Party Softw are Support t Customer FIRST for Wonderware User Guide, April 2015 | 10 PRICING The Customer FIRST for Wonderware Program is an annual fee-based software maintenance and support program. The annual fee is calculated as a percentage of the list price of Wonderware software at your facilities or sites. Support Reinstatement for Lapsed Enrollment Schneider Electric strongly encourages you to renew your Customer FIRST support enrollment on time and prior to the expiration date. Your entitlement to access Schneider Electric technical support and service resources will expire on your Customer FIRST agreement end date. Additionally, should a lapse in your support enrollment occur, you may be charged a reinstatement fee. The amount of the reinstatement fee may increase the longer the enrollment has lapsed, so please renew your Customer FIRST enrollment before it expires. INCLUDED SERVICES Schneider Electric is focused on helping you transform your operations by empowering you to be more agile, more efficient, more effective and more competitive, with outstanding, innovative open systems. The Customer FIRST for Wonderware Program delivers essential support and services to help you achieve maximum system performance and reliability. Whether you are planning your new installation, running stable operations with no desire to change anything, keeping your systems up to date with the latest updates, or planning a major upgrade to your existing installation, the Customer FIRST Program provides a comprehensive and continuously evolving portfolio of valuable services that help you maximize your return on investment, mitigate risk and ensure continued success. Important – Minimum Spend Required Elements on the Matrix: Several service elements in the Premium and Elite levels are provided at no additional cost to customers that meet a minimum annual agreement value. These benefits require significant investment from Schneider Electric as they are resource oriented. Details on the benefits are included in the program offering descriptions and are clearly identified in the support program matrix. Examples include: Technical Account Management Team Included Wonderware Training Planning and Technical Advisement (Elite only) Cyber Security Readiness Workshop (Elite only) Technical Support Consulting Services Customer FIRST for Wonderware User Guide, April 2015 | 11 Dedicated Customer Portal Complimentary Invitations to Schneider Electric Customer Events Technical Support and Services Business Hours Technical Support Included in the following support levels: Primary, Standard, Premium, Elite Schneider Electric provides expert technical assistance during normal business hours via regional support centers and locally-based service engineers. Each request is processed through a well-defined multi-level response model that assures a skilled and timely response appropriate to the urgency and complexity of the reported situation. Reported situations are assessed by support analysts according to the impact on the customer’s production, safety or environment. All Wonderware customers are served by Level 1 Wonderware CSP (Certified Support Provider) distribution facilities during local business hours. Wonderware customers who participate in the Premium and Elite levels of support are also entitled to contact Wonderware Level 2 direct/advanced support experts during business hours (see Level 2 Direct/Advanced Technical Support feature below). Global Customer Support Website Access Included in the following support levels: Primary, Standard, Premium, Elite Reliable information is the key to effective product and system usage. Schneider Electric makes available its extensive knowledgebase of technical user documentation, issue solutions, product trends and software updates through our Global Customer Support (GCS) website. Your website access also allows you to leverage the knowledge of your peers using our Community forums. 3 The Schneider Electric website also provides you with online support case management . You can submit online service requests for technical support; if qualified for handling as a technical support case, a case number will be issued. Submitted cases may then be reviewed online by the submitter. 3 Primary and Standard level customers are supported by their local Wonderware distributor, therefore, online case management views will be limited. Customer FIRST for Wonderware User Guide, April 2015 | 12 Customer FIRST Benefits App Included in the following support levels: Primary, Standard, Premium, Elite The Customer FIRST Benefits App is a mobile (smartphone or tablet application) designed to help you understand your support and service entitlements and provide you with information to help you realize the value from your investment in the Customer FIRST Program. The Customer FIRST Benefits App will provide you with the latest information regarding the Customer FIRST Program, including your technical support ID for accessing support, and real-time notifications of available software updates that can be downloaded via Electronic Software Delivery (ESD). Learn more about the people supporting you via the GCS Spotlight Interview, check out our upcoming customer events and training classes, or send a one-click request to your local distributor for the latest software updates. The Benefits App is intended to proactively alert you about the availability of new services, technical support articles, and highlight benefits you can immediately put to use. The Customer FIRST Benefits App supports both iPhone and Android devices. Note: Your login credentials for our Global Customer Support (GCS) website are also your Benefits app username and password. Online Training Webinars Included in the following support levels: Primary, Standard, Premium, Elite The journey to performance can be efficient and effective when using well-designed training programs. Schneider Electric Learning Services provides all the components to effectively bridge the gap between where you are today in terms of technical performance and where you want your personnel to be in the future. Your Customer FIRST enrollment gives you access to a wide range of online training webinars which include a collection of feature specific recorded lectures and software demonstrations. En route response commitment for Billable Onsite Corrective Assistance Included in the following support levels: Primary, Standard, Premium, Elite Schneider Electric solutions are reliably supported through a remote connection (VPN or web conference). This approach provides fast, effective support, particularly in emergency situations. In the event that our Technical Support Engineers/Consultants are unable to resolve your technical support case using remote support methods, Schneider Electric resources are available to provide hands-on corrective assistance at your site. Customer FIRST for Wonderware User Guide, April 2015 | 13 4 A skilled Schneider Electric Support Engineer will travel to your site to perform necessary corrective actions to return your system or application to normal operation. These activities may include system 5 troubleshooting, and software restoration or correction due to data corruption. 6 While this type of support is typically time-sensitive in nature, en route response time commitment is determined by the level of Customer FIRST support enrollment: Elite – 4 hours* Premium – 24 hours* Standard – Next Business Day* Primary – Next Business Day* Note: Activities that are not covered by Onsite Corrective Assistance include application work, block configuration, display creation, historian creation, software installation, preventative maintenance work and startup support. Labor and materials, travel and living expenses are billable unless otherwise provisioned. Billable labor hours include travel time, time spent obtaining plant access, time spent onsite and offsite performing evaluations and preparing documentation necessary for the assigned tasks. Discount on Technical Support Consulting Services Included in the following support levels: Standard, Premium, Elite Schneider Electric Consulting Services enable you to leverage skilled Schneider Electric resources that can help you manage complex migrations, optimize the performance of your existing assets, conduct routine performance assessments and assist you with new product deployment. The Customer FIRST Program provides you with access to discounts on Consulting Services when purchased in conjunction with your support and services enrollment. Whether you are planning a new project and need help architecting a solution, or want recommendations to optimize the performance of your existing application for a single-site project or a global, enterprisewide engagement, we will help you make arrangements with qualified resources within Schneider 4 Primary and Standard level customers can expect to be supported by their local Distributor Certified Support Provider. 5 Software restoration may be accomplished using install discs or via download. If the customer’s data is corrupt, there may be no recourse, in some cases, to restore corrupted user data. 6 *This commitment is dependent upon availability of regional resources and arrival time is dependent on transportation contingencies beyond Schneider Electric’s control. Your Schneider Electric sales representative will work with you to define the response commitment appropriate for your site. Customer FIRST for Wonderware User Guide, April 2015 | 14 Electric. As always, Schneider Electric Consulting Services combine best-in-class software technologies with in-depth process, plant and IT expertise. For a full list of available Services see our website: http://software.invensys.com/services/all-services/ Level 2 Direct/Advanced Technical Support Included in the following support levels: Premium, Elite The Customer FIRST program provides Premium and Elite level members with direct access to experienced technical resources within the Schneider Electric Software Global Customer Support organization for Wonderware solutions. As such, you have the flexibility of engaging your local distributor or with Wonderware Level 2 directly for any technical issue you encounter. Emergency 24 Hour Technical Support (24/7/365) Included in the following support levels: Premium, Elite Schneider Electric provides emergency technical support outside of normal business hours for situations that involve loss or potential loss of an essential function such as a production line, system or plant downtime situation. Support Usage and Summary Reports Included in the following support levels: Premium, Elite The Support Usage Summary Report highlights all technical support case activity, as well as labor-based cases logged by Schneider Electric’s support management system. The report is distributed via email on a monthly basis. Note: For Wonderware customers, this report will include only those cases initiated directly with Level 2 support. If you engaged your local distributor initially for your technical support issue, you may need to contact your local distributor for a comprehensive summary of your support activity. Contract Management/Performance Reviews per year Included in the following support levels: Premium, Elite Schneider Electric, in conjunction with your local Wonderware distributor sales representative, will review the Customer FIRST Support and Services program performance periodically with you on a schedule determined by your program level enrollment. Schneider Electric will take this opportunity to review technical support activity, both remote and onsite, and other services usage as applicable to the products Customer FIRST for Wonderware User Guide, April 2015 | 15 covered by your Customer FIRST enrollment, plus lifecycle management and other technical topics of value to your site. The Premium level enrollment includes an annual review and the Elite level enrollment includes twice yearly reviews. Software Maintenance and Utilities Software maintenance releases, service packs, patches, updates and hotfixes Included in the following support levels: Primary, Standard, Premium, Elite With the Customer FIRST for Wonderware Program, Schneider Electric provides releases and fixes for covered software related to your application that is released during your enrollment period. This entitlement applies to software that is in a current lifecycle phase. Maintenance releases provide corrections to software defects within a software revision level. Media will be made available upon release, in electronic or physical format as appropriate, during the coverage period of your program enrollment. Schneider Electric makes no guarantee that maintenance releases will become available during the agreement period. Note: Installation labor for version licenses, revision releases, maintenance releases, service packs, patches and updates, and startup activities is not included in this program feature. These activities may require the scheduling of a separate site visit for which the labor terms of your enrollment will apply. Software version upgrades and revisions Included in the following support levels: Standard, Premium, Elite Keep your software and systems up-to-date with access to software version upgrades and revision releases. The Customer FIRST program provides you with the ability to upgrade and keep covered Schneider Electric software continuously current at the Current lifecycle phase. The version release is the most significant software upgrade. It generally contains major new features and enhancements. The Revision release generally contains both software correction and minor enhancements. License(s) and upgrade media will be made available upon release, in electronic or physical format as appropriate, during the coverage period of your program enrollment. Schneider Electric makes no guarantee that version and revision releases will become available during such enrollment period. Customer FIRST for Wonderware User Guide, April 2015 | 16 Software version upgrade and revision installation and startup activities are not part of the Customer FIRST Program - these activities require the scheduling of a separate site visit for which the labor terms of your enrollment will apply. rd Operating Systems and other 3 party software (i.e. operating systems, anti-virus software etc.) upgrades are not included under this benefit. Note: Your Customer FIRST enrollment must be active at the time the software version upgrade or revision is requested. Eligibility to request upgrades and revisions at no charge ends at agreement expiration. Additionally, the following eligibility requirements must be met: Version Upgrade Eligibility: Upon enrollment, Schneider Electric software must be at the current Version in order to be eligible for future Schneider Electric Version upgrades. If Schneider Electric software is not at the current Version at the time the Customer FIRST agreement is executed, the customer must first purchase the upgrade version to get current. Once the above criteria is met, entitlement to future Schneider Electric software Versions begins and will continue for as long as an active Customer FIRST agreement (Standard, Premium or Elite level) is maintained with no lapse in support coverage. Revision Upgrade Eligibility: For customers enrolled in Standard, Premium or Elite levels of Customer FIRST Program, the eligibility for the future Schneider Electric revision upgrades will continue for as long as an active Customer FIRST agreement (Standard, Premium or Elite level) is maintained with no lapse in support coverage. Discount on Test & Offline Development System Licenses Included in the following support levels: Premium, Elite The Test, Simulation, and Emergency Back-up System Program is designed to duplicate or mirror some or all On-Line (i.e. production) system with an Off-Line (i.e. non-production) system for the purposes of testing, simulation, or emergency back-up such as disaster recovery or failover. The Customer FIRST Program provides access to a 50% discount on software licenses to be used for the duplicate system. Customer FIRST for Wonderware User Guide, April 2015 | 17 Note: Customers must agree that all software licenses in the Off-Line system will solely be used for nonproduction testing or simulation or emergency back-up purposes and for no other purposes whatsoever. Applicable system will be non-production off-line except for temporary periods during emergency back-up situations such as disaster recovery or failover (Off-Line System). The Off-Line system licenses are to be identical to the On-Line system licenses in product type but may be of lesser quantity or functional capacity (lower IO, lower tag count, less Equipment). Certain product exclusions may apply – please ask your sales person for further information. Software Asset Manager Included in the following support levels: Premium, Elite The Software Asset Manager (SAM) provides Premium and Elite customers with the ability to automate the management of their physical software and license inventory as well as providing automated functions for software update assessment, acquisition and deployment in a secured and private environment. Wonderware Software Asset Manager is designed to include the most current and cutting edge cybersecurity practices, and is delivered as a non-intrusive, portable service that can be used without impacting your systems performance or interrupting your production. Software License Replacement Included in the following support levels: Elite The Customer FIRST Program entitles customers enrolled in the Elite level to reissuance of lost licenses at no additional charge. Customers are entitled to make up to two (2) requests to have lost licenses reissued during their annual agreement period. Additional Benefits: Minimum Contract Spend Required Included Wonderware Training (Classroom, Recorded or Virtual Instructor-led) Available to the following support levels: Premium, Elite Get the training solution you need with a comprehensive, world-class training course that matches the power and excellence of your Wonderware software. You can apply your included training benefit to attend training courses at our state-of-the-art training facility in Lake Forest, California, or at several regional offices. Alternatively, take advantage of our flexible training options by accessing one of our recorded instructor-led online courses. These recorded versions of our traditional instructor-led training are segmented into 1-2 hour sessions with downloadable labs to practice concepts and procedures. Customer FIRST for Wonderware User Guide, April 2015 | 18 Premium – 1 seat* Elite – 2 seats* Note: *This is the base quantity provided to customers meeting the minimum spend. Depending on your spend, you may qualify for additional quantities. For more information about Wonderware training visit our website at http://software.invensys.com/training/wonderware-training/. Block of Technical Support Consulting Services Included Available to the following support levels: Premium, Elite The Customer FIRST Program provides qualified enrolled customers with a block of onsite or remote Technical Support Consulting Services for larger installations. Your block of Technical Support Consulting Services can be used, for example, for system health checks, security or optimization audits and software migration review. For a list of available Support Services see Appendix A. Premium – 16 hours* Elite – 24 hours* Notes: 1. *This is the base quantity provided to customers meeting the minimum spend. Depending on your spend, you may qualify for additional quantities. 2. Premium or Elite customers who are qualified for a Technical Account Manager (TAM) can elect to use these hours for an onsite support visit from their TAM. Unused hours cannot be rolled forward into the next 12 month term or Agreement coverage period. Complimentary Invitations to Schneider Electric Customer Events Available to the following support levels: Premium, Elite Schneider Electric hosts customer-focused events on an annual basis. These events provide customers with a tremendous opportunity to meet with Schneider Electric core engineering, development, executive management and technical support staff, as well as to discuss corporate direction and preview emerging solutions from Schneider Electric. The Customer FIRST Program provides qualified customers with complimentary passes to these events. Premium – 2 passes* Elite – 5 passes* Customer FIRST for Wonderware User Guide, April 2015 | 19 Note: *This is the base quantity provided to customers meeting the minimum spend. Depending on your spend, you may qualify for additional quantities. Dedicated Customer Portal Available to the following support levels: Premium, Elite Schneider Electric offers a web-based Customer Portal that provides a universal window into your global organization. This tool is designed to better facilitate Schneider Electric’s support and commercial relationship with you and to enable you to coordinate initiatives and collaborate within your own internal 7 ecosystem. Functionality may include the following : My Library: Collaborate with users from within your own organization, as well as Schneider Electric Global Customer Support and other external users (such as your Distributor or SI’s) that have been approved for access. The Library section also allows users to post objects, code, documents, etc. to be shared with other users. Enhanced report access: o Global Site listings o Purchased license reports o Support history reports Profile and Contact Management: Add users, ensure the integrity of site information, and manage/restrict levels of access to the portal. Technical Account Management Team Available to the following support levels: Premium, Elite The Technical Account Management Team is dedicated to handling complex support requirements for a select number of customer accounts. As a member of this team, your Technical Account Manager (TAM) will use their technical problem solving and management skills to act as your dedicated support liaison within Schneider Electric. Your TAM will coordinate the functional expertise and resources needed to facilitate and expedite activity on your behalf on all support issues. You benefit because you will deal with a team of technical experts who start from a baseline of knowledge about your account and who, over time, will gain expertise in your individual systems and software applications. In short, the TAM relationship helps you circumvent the common barrage of requisite technical questions and provides confidence that technical issue resolution remains a priority. 7 Customer Portal functionality may vary by brand. Customer FIRST for Wonderware User Guide, April 2015 | 20 Annual Lifecycle Assessment and Upgrade Planning Roadmap Available to the following support levels: Premium and Elite Schneider Electric understands that you have a need and a responsibility to maintain and upgrade your software systems as critical parts of your business. Since all products move through lifecycle phases as they age, you will benefit from having a clear understanding of product lifecycle phases, which have a direct relationship to the supportability of each product. The Lifecycle Assessment and Upgrade Planning Roadmap provides you with a top level view of the current lifecycle status of the products in use at your 8 site and outlines, at a high level, an upgrade path, allowing you to more effectively plan for the future. This service focuses on identifying a logical progression for the potential upgrade of your Wonderware software products. Note: This service requires a thorough, up-to-date listing of installed Wonderware software. If not readily available from our customer, it will require our resource to utilize Wonderware Software Asset Manager to generate this listing. If the use of Software Asset Manager is determined not to be feasible by the customer, then it will be the customer’s responsibility to provide an up-to-date listing of installed Wonderware software. Planning and Technical Advisement Available to the following support levels: Elite Working with an expert who understands your operations environment, and has insight into your infrastructure and business needs, will help ensure that your solution is correctly deployed and maintained to minimize disruptions and maximize availability and performance. Schneider Electric will proactively work with you to understand your unique needs, strategic objectives, short term goals and internal capabilities, in addition to handling technical issues as they occur. Your Technical Account Management Team may travel to your site to build rapport with your implementation and development teams to help drive successful projects. The visits will be scheduled up to twice per year, two days per 9 visit. Each visit should be scheduled at least three weeks in advance . 8 9 A site visit may be required by Schneider Electric to complete the assessment. Travel and living expenses are not included. Travel and living expenses are not included. Customer FIRST for Wonderware User Guide, April 2015 | 21 Cyber Security Readiness Workshop Available to the following support levels: Elite Critical to any industrial manufacturing industry is the growing need to address cyber security, whether the requirement is driven by internal, industry specific, or a government regulation. Schneider Electric can assist with identifying compliance shortfalls and implementing regulatory standards. Through these efforts, Schneider Electric has gained a high level of expertise in assessing, developing and implementing compliant cyber security programs. 10 The first step to embarking on such a program is a Cyber Security Readiness Workshop . Schneider Electric will use its customer and regulatory experience to help you perform the following activities: Review the your current cyber security program Identify potential gaps between current state and proposed final state Suggest a remediation plan to bring identified gaps into compliance OPTIONAL SERVICES The Customer FIRST Program provides Optional Services that are designed to further help you reduce costs, maximize productivity, accelerate projects and protect your investment. Tailor your enrollment in the Customer FIRST Program with the Optional Services that align best with your business requirements and strategies. Flexible Funding for Services Optional for the following support levels: Primary, Standard, Premium, Elite Customer FIRST Program coverage provides you with labor-based support and services that are billable at local Schneider Electric labor rates at time of service. These include Onsite Corrective Assistance, Technical Support Consulting Services, and time spent installing software associated with Customer FIRST Program features. The service or support engineer’s travel time to and from your site is billable, as is associated travel and living expenses. Provisioning the optional Flexible Services Fund with funds that accrue as part of your scheduled agreement payments allows you to spread payment of applicable labor-based services over the coverage period of your Customer FIRST enrollment. An appropriate amount can be established based on the number of anticipated labor hours for your company, site(s) and situation multiplied by the prevailing local Schneider Electric service rate. Schneider Electric can help you make this determination. 10 Travel and living expenses are not included. Customer FIRST for Wonderware User Guide, April 2015 | 22 Usage will be deducted during the enrollment period, and any residual balance remaining at the end of the enrollment period will be applied to establish a beginning balance of Flexible Services Fund for the consecutive renewal period of enrollment. See Appendix B for Flexible Services Fund Terms and Conditions. Upgrade and Migration Planning Optional for the following support levels: Primary, Standard, Premium, Elite Schneider Electric will partner with you to strategize the replacement of your legacy or competitive systems with current Schneider Electric technology. Your migration plan may include delivery by Schneider Electric of system configuration drawings, specific upgrade plans and timeline documentation. Note: This service requires a thorough, up-to-date listing of installed Wonderware software. If not readily available from our customer, it will require our resource to utilize Wonderware Software Asset Manager to generate this listing. If the use of Software Asset Manager is determined not to be feasible by the customer, then it will be the customer’s responsibility to provide an up-to-date listing of installed Wonderware software. Customer FIRST for Solutions Optional for the following support levels: Elite, Premium, Standard As an optional service to the Customer FIRST program, Schneider Electric has developed a comprehensive set of services – Customer FIRST for Solutions – to address the unique technical support and application maintenance requirements through the lifecycle of a customized solution. By combining Customer FIRST for Solutions with Customer FIRST product support services, you will have access to both Technical Support Engineers focused on product performance and configuration support, as well as our highly specialized solution support team with expertise in the entire engineered solution. The combined product and solution support approach provides a comprehensive suite of services to fully support a customized Schneider Electric solution through standardized processes, application lifecycle maintenance and through a single point of contact. For full details of the Customer FIRST for Solutions Program see Appendix C. Customer FIRST for Wonderware User Guide, April 2015 | 23 Software Asset Manager Optional for the following support levels: Standard The Software Asset Manager (SAM) eliminates the need to perform labor-intensive tasks by automatically creating an inventory of software licenses and identifying, downloading, and distributing the relevant patches and software updates to target machines. With SAM, you can conveniently and confidently know that you are running the latest versions of your Wonderware software, resulting in reduced cost of ownership, better enterprise IT security and improved planning capabilities. SAM is included in Premium and Elite membership and can be purchased by Standard level customers as an add-on. Customer FIRST Cyber Security Maintenance Program Optional for the following support levels: Standard, Premium, Elite The Cyber Security Maintenance Program provides your cyber security team with Business Hours Technical Support that assures timely response appropriate to the urgency and complexity of the reported situation. The program includes an annual site visit by a Schneider Electric CISP consultant to assess the product lifecycle status of hardware and software associated with your Schneider Electric cyber security solution, who will issue a Compliance Assessment Report that may recommend remediation steps to help you maintain your cyber security posture at current technology level. The Cyber Security Maintenance Program includes Emergency 24 Hour Technical Support and quarterly Compliance Maintenance Program site visits. It also includes Cyber Security Software and Cyber Security Hardware Maintenance programs for covered Schneider Electric and third party cyber security products and applications. For full details of the Cyber Security Maintenance Program see Appendix D. Customer FIRST Cyber Security Assessment Optional for the following support levels: Standard, Premium, Elite Cyber Security is a growing, critical industrial concern, whether the requirement is internal, industryspecific or in response to government regulation. The Cyber Security Assessment establishes the current architecture, security posture and profile of all assets to be assessed within the systems network and will result in a network drawing with a system baseline scan. The Critical Infrastructure and Security Practice (CISP) consultants will conduct a comprehensive technical review of the current process control network (PCN) infrastructure at a single geographical site, which will provide you with necessary information to make both budgetary and technology decisions Customer FIRST for Wonderware User Guide, April 2015 | 24 relative to critical network management changes, including future growth requirements (both hardware and software), expense control, technology enhancements, configuration control and proactive network maintenance. Technical Account Management Team Optional for the following support levels: Premium, Elite Technical Account Management Team access is available to be optionally purchased by Premium and Elite level customers who do not qualify under the agreement minimum spend qualification requirements. The Technical Account Management Team is dedicated to handling the complex support requirements for a select number of customer accounts. As a member of this team, your Technical Account Manager (TAM) will use their technical problem solving and management skills to act as your dedicated support liaison within Schneider Electric. Your TAM will coordinate the functional expertise and resources needed to facilitate and expedite activity on your behalf on all support issues. You benefit because you will deal with a team of technical experts who start from a baseline of knowledge about your account and who, over time, gain expertise in your individual systems and software applications. In short, the TAM relationship helps you circumvent the common barrage of requisite technical questions and provides confidence that technical issue resolution remains a priority. Resident Engineer Optional for the following support levels: Premium, Elite Increase your on-site engineering capacity by supplementing your resources with a full-time or part-time Schneider Electric Resident Service Engineer. The role of a Resident Engineer is to address your unique needs and objectives, provide technical assistance and strategic direction, and to act as your support advocate within Schneider Electric. Each Resident Engineer possesses a strong background in their respective area of technical expertise, along with strong communication and management skills. The Resident Engineer combines problem-solving skills with proactive management skills relating to technical support and operational issues. Note: The full scope of work for the Resident Engineer/Consultant will be coordinated by your sales person in consultation with you and will be clearly defined in your enrollment. Implementation Consultant Optional for the following support levels: Premium, Elite The Schneider Electric Implementation Consultant is ideal for large enterprises and global organizations seeking specific technical expertise that ensures smooth and successful commissioning of new projects Customer FIRST for Wonderware User Guide, April 2015 | 25 and maintenance of existing ones. Our Implementation Consultant ensures that best practices have been engineered into the solution for long term reliability and stability, reducing the cost of ongoing maintenance. The Implementation Consultant works alongside your System Integrator and engineering teams on day-to-day project management, optimizing the application of technology, steering project deployment strategy and resolving issues. The Implementation Consultant brings you value by: Ensuring successful project completion by overseeing technology, deployment strategy, integration and infrastructure dependencies Fostering close working relationships with your System Integrator or deployment team and Schneider Electric Global Customer Support Reducing risk of post-implementation issues with best practices “designed-in” to your solution Proactive System Monitoring Services Optional for the following support levels: Premium, Elite The Wonderware Proactive System Monitoring Solution and associated services monitors your Wonderware applications and system hardware and alerts you to potential issues before they manifest into real problems. When the machines and networks running your Wonderware applications run below optimal performance, you take a hit in productivity, production yields and, ultimately, revenue. The Wonderware Proactive System Monitoring Solution mitigates these situations and helps you maximize your Wonderware system performance and your overall productivity. And cost-effective services delivered by Wonderware software experts make the industry’s best resources available to you to install and maintain the solution, as well as provide 24/7/365 monitoring services. Application Clone Optional for the following support levels: Elite Schneider Electric application cloning solutions can help you better manage your applications and expedite replication and resolution on specific technical support issues. An application clone (also known as a Shadow System) is an exact copy of the software and hardware application. It mimics what is currently in use in production/runtime mode at your site. The application clone can be hosted at Schneider Electric Corporate and Regional Headquarters or at your site and accessed via remote technologies. Customer FIRST for Wonderware User Guide, April 2015 | 26 Third Party Software Support Optional for the following support levels: Elite Schneider Electric provides expert technical support and on-site technical support for specified nonSchneider Electric manufactured products. Schneider Electric will act as the single point of contact for the agreed software covered under your enrollment in the Customer FIRST Program. Note: Support for the Third Party software will be provided per the terms of Schneider Electric’ agreement with the third party vendor or as agreed to on the Schneider Electric Master License Agreement. . Customer FIRST for Wonderware User Guide, April 2015 | 27 QUALITY CUSTOMER SUPPORT PRACTICES Schneider Electric ensures that the utmost care is taken at every step of the development, manufacturing and on-going support cycles that, in turn; affect our relationships with our customers. Stringent procedural methodologies are employed in the daily operations of Customer Support centers. Support activities are measured against targeted service levels to help ensure we provide a high quality support experience for our customers. Periodic internal and external audits ensure that organizational processes stay on track. External surveys help us understand our customers’ perceptions of their support experience. Service Capability & Performance (SCP) Certification Schneider Electric’ world-class reputation for Customer Support excellence is widely acknowledged. We have a history of customer acclaim and have successfully achieved the prestigious Service Capability and Performance (SCP) Certification for many years. SCP certification is administered by Technology Services Industry Association (TSIA). SUPPORT MODELS When you contact any Schneider Electric Global Customer Support facility or a third-party Wonderware Certified Support Provider, Subject Matter Experts (SMEs) are quickly engaged in answering your questions in order to help you troubleshoot, diagnose and resolve the issue at hand. Your request for service enters a globally-shared case management system that ensures every query and issue is resolved effectively, efficiently and in a timeframe appropriate to the urgency of the reported situation. Schneider Electric customers are supported by a unified global support organization that is best in class. Each brand within Schneider Electric provides our Support and Services customers with access to specialized product resources that have the flexibility to leverage other resources within our global organization to ensure that our products and services are running at optimal levels, helping you succeed in the long term. Wonderware Support Model Schneider Electric sells its Wonderware software through an extensive global network of Certified Support Provider (CSP) distributor facilities. CSPs are third-party distributor facilities certified by Schneider Electric. Each CSP provides the first point of contact to the customer for any support-related issues. Customers enrolled in the Primary and Standard levels of the Customer FIRST Program can contact their local Customer FIRST for Wonderware User Guide, April 2015 | 28 Wonderware distributor for all support related inquiries. Customers enrolled in the Premium and Elite levels of the Customer FIRST Program can contact either a local Wonderware Certified Support Provider or one of the Schneider Electric Global Customer Support Level 2 centers. If the CSP is unable to resolve the problem, the CSP will escalate it to one of the Schneider Electric Level 2 support centers. Schneider Electric will then work with the Distributor to arrive at an appropriate solution. MULTI-LEVEL RESPONSE MODEL (ESCALATION MODEL): Case movement is as follows: st 1 Level: Certified Support Provider (CSP) nd 2 Level: Level 2 Direct/Advanced Support (Schneider Electric Subject Matter Experts) rd 3 Level: Schneider Electric Development CONTACTING TECHNICAL SUPPORT To obtain the current contact information for your local Global Customer Support Center or a Wonderware Certified Support Provider please visit our website: http://software.invensys.com/support/wonderware/ You can also email custfirstsupport@wonderware.com. Obtaining Emergency 24x7 Support Schneider Electric provides emergency technical support outside of normal business hours for situations that involve loss or potential loss of an essential function such as a production line, system or plant downtime situation. Note: Reporting and other ancillary functions are not included under the definition of emergency support. It is expected that technical support for non-production applications will resume the following business day, during normal business hours. Customer FIRST Program Premium and Elite enrollment includes as a benefit emergency technical support via telephone. Calls received via our emergency service phone numbers will be automatically routed to a live phone dispatcher. The dispatcher will then contact one of the available technical support analysts/engineers who will return the call within 60 minutes. Customer FIRST for Wonderware User Guide, April 2015 | 29 Wonderware Emergency technical support can be obtained by dialing +1-949-639-8500, accessible worldwide. The Wonderware telephony system will automatically identify your company via your individual phone user ID. From there, follow the phone prompts to be routed directly to our Emergency Support dispatcher. Important: When contacting the Schneider Electric Global Customer Support center for Wonderware for the first time, you will be issued an individual phone user ID. You should have this phone user ID on hand every time you call Schneider Electric Global Customer Support. Your call will not be routed properly via the telephony system if you enter your Customer FIRST agreement number. Your individual phone user ID can be retrieved from your homepage on the Schneider Electric Software Global Customer Support website or via the Customer FIRST Benefits App. Case Submission Schneider Electric offers you multiple methods for submitting your technical support issue: Telephone: Log your issue with one of our technical support analysts or engineers. Web: Log your issue using our online case submission form via our technical support websites. Note: In order to expedite the handling of your technical support issue, you should use one of the above preferred methods for case submission. Emails sent to our general support inbox should be for basic informational requests, rather than for requests for support. You can, however, send us an email message regarding a previously opened case. You should include in your email your Customer FIRST Program ID and the assigned case number. We will then forward your message to the assigned Technical Support engineer and reply back to you accordingly. All cases entered into the Schneider Electric case management system can be accessed by Schneider Electric support facilities in Europe, Asia, Latin America and North America. The support centers collaboratively monitor this case-handling stream to ensure that every open case is assigned to appropriate personnel, who may be located anywhere in the world. If you are a Wonderware customer your case may be forwarded to your local distributor where they will be able to assist you in your local time zone. A Technical Support Administrator will reply to you and provide the name of the distributor that received your issue. Customer FIRST for Wonderware User Guide, April 2015 | 30 Gather Helpful Information Before You Contact Us To make the most of your time when you contact Schneider Electric or one of our Wonderware Certified Support Providers to request technical support, please have the following information on hand: Your Customer FIRST Program User ID, if known The assigned case number if this is an open issue Product component and software version Any patches installed if the issue relates to a software application If situation involves a software application only, know the operating system type and version (example, Windows Vista or XP) System topology and design architecture Relevant output from diagnostic applications Are there any third party hardware cards in the machine? Are there any third party software applications running? Was the application tried on a different machine? Have you tried to reproduce the problem, and if so, what was the result? What have you done to troubleshoot the situation? What Happens When You Request Support When you contact an Schneider Electric Global Support Center or submit a question via a Support website, we will quickly process your request. Support inquiries are processed with the following methodology: Receipt of your inquiry is acknowledged. Your Customer FIRST Program enrollment level is verified. The inquiry is logged into our case management system and the case number provided for reference. The issue is prioritized based on commercial or technical urgency. Note: When speaking with the Technical Support engineer/analyst, you can request that a specific priority level be assigned to your case and we'll do our best to accommodate your request. Support Center begins to diagnose and resolve the issue as quickly as possible. If the technical support engineer requests that you provide application files for further investigation, you will be advised of the appropriate available methods of transmission -- via email or FTP site. If necessary, we will strive to reproduce the behavior to help determine its root cause. Customer FIRST for Wonderware User Guide, April 2015 | 31 Once root cause is determined, we will determine a course of action with the goal of achieving problem resolution. You will be regularly updated as to the status of your case including any measures taken by Schneider Electric to escalate your issue to higher level subject matter experts. Support Escalation Policy Based on the assigned priority level of your case, Schneider Electric Software Global Customer Support will take appropriate action to resolve your question or issue. That is, given the priority level, here's what we will do: Priority Level Definition Action To Be Taken P1 - Critical System or process downtime, loss of Schneider Electric Global Customer essential function, critical business or Support will work on the case full-time, operational impact, human safety or including evenings and weekends as environmental impact. necessary, until it is resolved or an appropriate workaround is found. P2 - Serious Feature(s) inoperable, no evident Schneider Electric Global Customer workaround, failure of one or more Support will work on the case full time components, degraded operation of an during normal business hours. essential function, potential business or operational impact, up against a hard deadline. P3 - Moderate Feature is inoperable and a Schneider Electric Global Customer workaround is possible, operational Support will work on the case during question, minimal or no business or normal business hours. operational impact P4 - Informational Informational question, no business or Schneider Electric Global Customer operational impact, customer request, Support will work on the case during or next day call back is acceptable. normal business hours. While it is our intent to resolve your case as quickly as possible, we cannot project an exact resolution at the onset of the issue. This is because it depends on the complexity of your question or issue and the speed at which we receive any requested documentation or diagnostic output from you. Escalating Your Issue Schneider Electric Software Global Customer Support has systems in place to ensure that your incident will receive proper attention and be processed according to its priority by the appropriate people in our department, as well as other relevant Schneider Electric departments. Customer FIRST for Wonderware User Guide, April 2015 | 32 When Is Your Case Closed? Schneider Electric will work to quickly resolve your question or issue based on the assigned priority level. Your case will be closed when it falls under one of these categories: Your question has been satisfactorily answered and it requires no further activity. The issue has been resolved via a Fix, Patch, Service Pack, or Major / Minor product release. Your issue was determined to be a software defect, which will be resolved in a future Patch, Service Pack, Fix or in the next release of the product. When the Patch, Service Pack, Fix, or Maintenance Release becomes available, you will be notified by email. Patches, Service Packs and Fixes will be made available via the Global Customer Support website. Schneider Electric Patches, Fixes and Service Packs will be incorporated into a future product release. Your question or issue results in correction in the Schneider Electric product's user manual and/or on-line help system Your issue is caused by running a third-party software or hardware product that is not owned or distributed by Schneider Electric. We'll explain the cause of the problem and recommend your next course of action. Your question or issue concerns a desired product feature that is not part of the product’s current release. We will convert your issue into a product enhancement request, which will be forwarded to Product Marketing for further evaluation. You request that you no longer wish for us to work on your question or issue. You request that your case be closed. We require additional input from you, but cannot reach you after making several attempts via known contact points (telephone, facsimile, email). However, if you contact us after we have closed your logged case, we'll be happy to reopen it. Submitting a Feature Request Schneider Electric strives to continually improve our portfolio of products in terms of new and improved features and product performance. We strongly encourage you to submit your ideas and suggestions on the use of Schneider Electric products. You may submit your feature requests to us by either contacting your Schneider Electric Global Customer Support Center or one of our Wonderware Certified Support Providers. Your request will be initially handled as a case, with entry into our case management system. If your request is subsequently determined to be more appropriately handled as product enhancement or feature requests, your case will be “closed” and submitted to Schneider Electric’s Portfolio group. You will be notified of this action. Customer FIRST for Wonderware User Guide, April 2015 | 33 Your enhancement request (defined as a request for modification to an existing product specification, a new product feature or function) will be logged as such and assigned a tracking number which will then be emailed to you for reference. The next step is a review and prioritization of all enhancement requests by the Schneider Electric Portfolio group. These requests will then enter the product definition cycle for upcoming releases of that product. Requirements for a release are prioritized according to their business value as determined by the Portfolio Group. Requests and Eligibility for Software Fix A “Fix” is a software module designed to correct a single (typically) software defect. Fixes may be tested via a full quality assurance process or be unit tested (i.e. minimally tested) to speed their delivery to customers experiencing critical issues. Customers may request a Fix, however, the final decision with respect to the technical feasibility and appropriateness of providing a Fix rests with Schneider Electric. Fixes are subject to the following requirements; 1. A Fix must be formally requested by the customer. 2. Members of the Customer FIRST Program (Elite, Premium, Standard and Primary) are eligible to request Fixes. 3. It is at the sole discretion of Schneider Electric to issue a Fix. Decisions will be based on feasibility, scope and complexity and other factors. Remote Support Schneider Electric utilizes proven remote access technologies to expedite resolution of technical support issues. These technologies are utilized with customer participation, and used in a way that ensures your systems’ security. Using remote access technologies can dramatically improve the resolution time of your issues. WARRANTY VERSUS SUPPORT – WHAT IS THE DIFFERENCE? Warranty Warranty protection is defined by the consumer protection laws of many countries. In generic terms, the purpose of a warranty is to establish: For a specified period of time, a Manufacturer’s obligations in the event that a product fails to materially perform in accordance with its specifications when properly used. Warranty protection is provided with the purchase of a product for a time period specified by the manufacturer or seller. The cost to the manufacturer or seller for providing warranty protection is generally not visible to the customer. Warranty duration can vary in accordance with consumer protection law in the Customer FIRST for Wonderware User Guide, April 2015 | 34 country where a product is sold. And, the seller or the manufacturer can dictate the extent to which warranties apply. Generally, a manufacturer’s warranty terms will specify whether they will repair or replace a defective product. According to the consumer protection laws of many countries, including the United States, if the seller or manufacturer becomes involved in assisting the customer in diagnosing a malfunction, the costs of that assistance are the purchaser’s responsibility. The manufacturer or seller is not obligated to provide telephone support free of charge. If the manufacturer sends a service representative to the customer site, the site (i.e., the purchaser) is responsible for the labor and travel expenses. The customer is also responsible for any shipping and handling costs involved in returning a product to its originator for issue diagnosis, repair or replacement. Individual manufacturers or sellers may provide more generous warranty terms, but again, in many countries, they do not have a legal obligation to do so. Important: Schneider Electric warranty coverage does not cover the labor associated with parts replacement nor does it provide access to telephone support free of charge. To help ensure that you benefit from an optimal first year experience with your new installation, Schneider Electric recommends that you supplement your warranty with enrollment in the Customer FIRST Program. Support and Service Schneider Electric offers Customer FIRST support and service coverage for the entire product lifecycle, which includes the warranty timeframe. Priority access to expert support services can be strategic to a successful initial year of use. With Customer FIRST Program coverage, access to expert technical support and comprehensive services will help ensure successful initial operation and on-going customer satisfaction LIFECYCLE AND SUPPORT POLICIES Schneider Electric Product Lifecycle discipline plays a strong underlying role in customer support. All products move through lifecycle phases as they age. Schneider Electric customers can greatly benefit from having a clear understanding of product lifecycle phases, which have a direct relationship to the supportability of each product. Each Schneider Electric business provides consistent and predictable guidelines for product support, compatibility, availability and repair for its customers, providing excellent visibility as to where products are in their lifecycles. Each has established clear and predictable product support timelines to enable customers to plan product upgrades in advance of reaching obsolescence. This proactive approach Customer FIRST for Wonderware User Guide, April 2015 | 35 provides a comprehensive view of product lifecycle phases, phase transition timing, and available support during each phase. Information about the products currently supported in each lifecycle phase is posted on the respective Schneider Electric support websites, and we provide periodic notification of all product transitions from one lifecycle phase to the next. Logon to the Schneider Electric Software Global Customer Support Website for Wonderware product lifecycle information: https://softwaresupportsp.invensys.com/Pages/WonderwareProductLifeCycle.aspx Customer FIRST for Wonderware User Guide, April 2015 | 36 SCHNEIDER ELECTRIC CUSTOMER FIRST PROGRAM TERMS AND CONDITIONS 1. General. The Customer FIRST Program for Schneider Electric Software (“CFP”) is a fee-based software and hardware maintenance and support program. By paying the CFP Fee and participating in the CFP, Customer agrees to all of the terms and conditions contained in the Schneider Electric Proposal and these Customer FIRST for Schneider Electric Software Terms and Conditions (together, the “Agreement”). Any new Software or Goods will be provided per Schneider Electric General Terms and Conditions of Sale of Goods and Services and License of Software. 1.1 Definitions. (a) “Goods” shall mean all products, equipment, materials, spare parts, hardware, supplies, and accessories defined and supported under the Agreement. (b) “CFP Fee” shall mean the fees described in the Schneider Electric Proposal to be paid by Customer to Schneider Electric. (c) “Schneider Electric Proposal” shall mean the document which may describe, among other things, the specific (i) support level chosen by the Customer, (ii) Services to be provided by Schneider Electric, (iii) CFP Fee, (iv) payment terms, and (v) Goods and/or Software covered under the Agreement. (d) “Software” shall mean Schneider Electric computer software programs defined and supported under the Agreement in object code form including firmware and custom software, and instructions manuals, specifications and related documentation in written or electronic form, but excluding Third Party Products, their related instructions manuals and documentation, for which Schneider Electric grants Customer a license and which are supported under the Agreement. The terms and conditions of the Software license shall be set forth in Schneider Electric’s end-user license agreement applicable to the particular Software at the time of delivery or, if such Software does not include an end-user license agreement at the time of delivery, then in accordance with the Software license terms and conditions set forth in a written agreement between Schneider Electric and Customer. (e) “Services” shall mean the support services described in the Schneider Electric Proposal. (f) “Specifications” shall mean the Schneider Electric standard specifications applicable to the Goods and/or Software or the specific requirements agreed upon, in writing, between Schneider Electric and Customer in relation to the Goods and Software. (g) “Third Party Products” shall mean products and software of a third party vendor. If Third Party Products are supplied by Schneider Electric to Customer, unless otherwise agreed in writing by Schneider Electric, such supply is Customer FIRST for Wonderware User Guide, April 2015 | 37 made on a “pass-through” basis only and is subject to the terms and conditions of the third party vendor, including but not limited to warranties, licenses, indemnities, limitation of liability, prices and changes thereto. 2. Purchase. The CFP is priced-based on the value of Schneider Electric Software licenses owned (or being purchased) by the Customer site at the time the CFP Fee is paid and the support level selected by Customer, and, in the case of Goods, is based on the type and number of Goods owned (or being purchased) by the Customer and the support level selected by Customer at the time the CFP Fee is paid. Following payment of the CFP Fee, any new Software or Goods purchased by the Customer during the Agreement term must be purchased with coverage under the CFP, which will be pro-rated to expire at the same time as the initial expiration date. Alternatively, a Customer may opt to back-charge applicable CFP Fees for the new Software and Goods at the time of renewal, including back charges plus a minimum of one year agreement duration. Unless otherwise agreed in writing by Schneider Electric, Schneider Electric reserves the right to increase CFP Fees one time per calendar year. Unless otherwise agreed upon in writing, Customer shall reimburse Schneider Electric for expenses incurred by Schneider Electric to perform the Services, including but not limited to travel and living expenses. To enroll in and purchase the CFP (Standard, Premium and Elite levels provide free software version upgrades) for Software only, a Customer must possess (not necessarily be running) the most current version of Schneider Electric Software as a prerequisite. If a Customer is running a non-current / non-preferred version of Schneider Electric Software, they must first purchase an upgrade to the current / preferred version. Schneider Electric may offer incentives for Customers to purchase version upgrades. Except as stated in Section 8.2 (a), the CFP Fee for any initial, renewal, prorated or other term is non-refundable. Unless otherwise stated in the Schneider Electric Proposal, the CFP Fee and all other fees and expenses under the Agreement are due and payable by Customer within thirty (30) days of Customer’s receipt of Schneider Electric’s invoice. 2.1 Support Reinstatement for Lapsed Enrollment. Schneider Electric strongly encourages Customers to renew their Customer FIRST support enrollment on time; in other words, prior to the expiration date. Customer’s ability to access Schneider Electric technical support and service resources will expire with the Customer FIRST agreement end date. Additionally, should a lapse in support enrollment occur, Customers may be assessed a reinstatement fee. The amount of the reinstatement fee may increase the longer the enrollment has lapsed. 3. Customer FIRST Program Levels for Schneider Electric Software. The CFP portfolio offers a wide choice of offerings to meet Customer business requirements. Specific program level benefits are described in the Schneider Electric Proposal and the CFP User Guide. 4. Scope of Support. Schneider Electric provides Services in accordance with the Schneider Electric lifecycle support policy applicable to the Agreement-covered Software and Goods. The Schneider Electric lifecycle policy is published on the Schneider Electric brand support websites, and may be referenced in the Schneider Electric Proposal and CFP Guide. Although Schneider Electric and its Certified Support Providers (third parties retained by Customer FIRST for Wonderware User Guide, April 2015 | 38 Schneider Electric to provide Services to Customers under the CFP, including but not limited to Authorized Distributors and other support providers) may attempt to resolve issues arising in earlier Schneider Electric goods or software versions, they do not have any obligation to do so under any support level in the CFP unless extended support for obsolete versions is available and purchased on a product by product basis. 4.1 Support Exclusions. (a) Unless otherwise agreed in writing by Schneider Electric, Schneider Electric does NOT provide Services under the CFP for Third Party Products, including but not limited to Crystal Reports. If Schneider Electric services Third Party Products at Customer’s written request, Schneider Electric’s services shall be rendered “AS-IS” and without warranty of any kind and such services shall be for an additional fee at Schneider Electric’s then current service rates. (b) Customer shall be responsible for payment for Schneider Electric equipment and materials if Customer’s employees, agents, consultants or contractors working on Schneider Electric equipment or materials causes malfunction or failure of such equipment or materials. If such an event occurs, Schneider Electric equipment and materials will be billed to Customer at the then current rates for such equipment and materials and Customer shall also pay Schneider Electric for any associated services as a result of such malfunction or failure. (c) Schneider Electric and non-Schneider Electric system goods and software not specifically listed in the Schneider Electric Proposal as covered under the support level purchased by Customer are NOT covered under the Agreement. Technical assistance rendered via any means of personal communication (including but not limited to telephone, facsimile, postal mail, email, texting, and web-enabled chat), remote connection and diagnosis, material, labor or other support assistance provided by Schneider Electric to resolve an issue involving non-listed equipment is chargeable to Customer at the then-current Schneider Electric service rates. (d) Schneider Electric will NOT provide Services on Schneider Electric software or goods from or repaired by a nonSchneider Electric-authorized agent, distributor, reseller or other third party. If any issues occur that are attributable to third-party procured material or services, all work performed by Schneider Electric will be subject to invoicing at the then-current Schneider Electric service rates. (e) Unless specifically purchased as an option under the Agreement and described in the Schneider Electric Proposal, planning, installation, testing, and documentation of expansions, modifications and software upgrades of custom application or third party programs are NOT covered under the CFP. (f) Unless otherwise agreed in writing by Schneider Electric, Goods identified as retired phase or due to become retired under the Schneider Electric lifecycle support policy during the Agreement term will be excluded and will NOT be supported. (g) Goods identified as lifetime phase under the Schneider Electric lifecycle support policy will be supported for a maximum of one year. The product lifecycle categorization will be reviewed during the annual installed product Customer FIRST for Wonderware User Guide, April 2015 | 39 assessment to determine whether it is anticipated that the product(s) will move to the obsolete phase during the next 12 months. (h) All decisions made by Customer relating to the implementation of Schneider Electric’s advice and recommendations are the sole responsibility of Customer. To the extent Services are of an advisory nature, no specific business result is assured or guaranteed. 5. Access to Facilities and Equipment. The Customer will furnish at no cost to Schneider Electric suitable and safe working space, storage space, adequate telephone, light, ventilation, regulated electric power, and outlets for testing purposes. These facilities will be within a reasonable distance from Goods or Software covered under the Agreement. Schneider Electric shall have full and free access to the Goods and Software in order to provide any on-site corrective support Services under the Agreement. Customer will identify person(s) who will interface with the Schneider Electric or other designated support center under the terms of the Agreement. Any maintenance or repair services performed on the Goods or Software by Customer or third party personnel resulting in additional material or corrective support service requirements by Schneider Electric will be invoiced at then current time and material service rates. 6. Remote Services Security. (Applicable to systems using RemoteWatch or legacy Schneider Electricproprietary Remote Services) Remote Services communication will be conducted only by Schneider Electric trained specialists working in a secured area using authorized connectivity equipment with security and auto log-on features. Access by Schneider Electric to the Customer’s system from the RemoteWatch Server is permitted only via Customer-maintained security credentials. All session screen information will be recorded and archived by Schneider Electric with date and time stamp. Data indicating health status of the Customer system will be transported via a connection initiated from the RemoteWatch Services server. Any work accomplished on a customer system must be authorized by a customer representative. Communication processors, routers, modems and other equipment used in conjunction with Remote Services are the property of Schneider Electric and shall be returned to Schneider Electric upon termination of the Agreement. 7. On-Site Services. (a) Services or travel in excess of normal workday, and any Services or travel on Saturdays, Sunday or nationally observed holidays shall be invoiced by Schneider Electric as defined by local practice, or by labor law as applicable, or as defined in a written agreement between Schneider Electric and Customer. The normal work day shall be defined by local practice, or by labor law as applicable, or as defined in a written agreement between Schneider Electric and Customer. (b) Unless otherwise agreed in writing by Schneider Electric and Customer, all on-site Services will be billed to Customer at the then current Schneider Electric service rates. There shall be a minimum charge of four (4) hours where hourly rates are applicable, or one (1) day where daily rates are applicable for service and travel time. Customer FIRST for Wonderware User Guide, April 2015 | 40 (c) When shift work other than the normal workday is required, a premium rate shall be added for Services during the other shifts and an additional premium shall be added for work in excess of normal workday during these other shifts, in accordance with local practice, or labor law as applicable, or as defined in a written agreement between Schneider Electric and Customer. (d) Service time committed in advance by Schneider Electric on the basis of pre-specified number of days shall not be deemed to include overtime or shift work. If overtime or shift work is required on such commitments, the prespecified time so committed in advance shall be appropriately reduced. (e) Unless the Schneider Electric representative has been released from the job site, or has completed his assignment, the Customer will pay Schneider Electric charges computed as if the Schneider Electric representative was working a normal work week, regardless of whether or not the representative is prevented from working due to delays beyond his control. (f) Release from the job site shall entitle the representative to return to his point of origin, with travel time and expenses chargeable to Customer. (g) Standby time is defined as that time during which an Schneider Electric representative is requested to remain in readiness and available for Services commencing at the convenience of the Customer. Such time shall be considered as time worked, whether or not the representative is at the job site, and Customer will be billed accordingly. If standby time is outside normal working hours, overtime rates will be applicable. Standby time will be added to time actually worked for the computation of overtime charges, etc. (h) The Schneider Electric representatives reserve the right to refuse to work under hazardous conditions. All staging and rigging required for access to equipment to be serviced shall be erected by and at the expenses of Customer or third parties and shall comply with reasonable safety requirements. The Schneider Electric representative shall comply with all plant safety regulations given to such representative in writing. However, any protective clothing or equipment, except the standard safety hat, required by Customer regulations shall be provided by Customer at Customer’s sole cost. (i) Schneider Electric representatives are authorized to act only in a consulting capacity and are not authorized or licensed to operate equipment. All responsibility for operating equipment shall rest with Customer or third parties. (j) Unless otherwise agreed in writing by Schneider Electric, all parts identified as requiring replacement during a nonwarranty related service call shall be invoiced at Schneider Electric’s current list prices. 8. Term. The term of the Agreement shall be as stated in the Schneider Electric Proposal (“Term”). Notwithstanding anything else in a Customer purchase order or other order document, or if the Customer purchase order or other order document is issued for a period of less than the Term of this Agreement, Customer agrees that the Term of the Agreement shall be the stated Term, and such Term shall take precedence over any other period stated elsewhere. If Customer issues a Customer purchase order or other order document for less than the full Term, Customer’s failure Customer FIRST for Wonderware User Guide, April 2015 | 41 to issue a subsequent Customer purchase order or other order document for the remainder of the Term shall be considered a Termination for Convenience pursuant to Section 8.2(b) hereafter. Thereafter, subject to the other limitations and requirements described in the Schneider Electric Proposal and herein, the Agreement may be renewed for future terms. Renewal of the Agreement requires the mutual written consent of Customer and Schneider Electric. All software licenses and Goods for a given Schneider Electric brand (including but not limited to Avantis, Eurotherm, Foxboro, SimSci, Triconex and Wonderware) at a participating site must be covered under the CFP during the initial term or any renewal or prorated terms. 8.1 Termination. The Agreement may be terminated by Schneider Electric and all Services under the CFP stopped if: (a) Customer has breached any of its material obligations under the Agreement and has not cured such breach within thirty (30) days of receipt of a notice of default from Schneider Electric; (b) Customer has breached any of its material obligations under any Schneider Electric end user licensing agreement and Customer has not cured such breach within thirty (30) days of receipt of a notice of default from Schneider Electric; (c) Customer does not use the Services for its own internal business purposes or uses the Services to provide similar services related to the Software or Goods to any third party and Customer has not cured such breach within thirty (30) days of receipt of a notice of default from Schneider Electric; or, (d) Customer fails to pay the CFP Fee when due and Customer has not cured such breach within ten (10) days of receipt of a notice of default from Schneider Electric. 8.2 Termination For Convenience. (a) Schneider Electric may at any time, without cause, terminate the Agreement and stop all Services under the CFP, by giving Customer ninety (90) days written notice of such termination. If Schneider Electric elects to terminate under this Section 8.2(a) prior to the end of the then-current Agreement term, then Customer shall be entitled to a pro-rated refund of CFP Fees actually paid by Customer to Schneider Electric. (b) Customer may terminate the Agreement without cause by giving Schneider Electric ninety (90) days written notice of such termination prior to the specified termination date. Upon termination of the Agreement, Customer shall pay Schneider Electric (i) all fees and expenses (including but not limited to CFP Fees) earned or incurred in connection with the performance of the Services under the Agreement until the effective date of such termination (“Fees and Expenses”); (ii) any and all reasonable costs directly related to Customer’s termination pursuant to this provision, including costs associated with personnel reassignment, travel and other administrative requirements, which termination costs equal 25% of the remaining balance of the total Agreement value and (iii) a Termination Fee equal to 2.5 % of the Agreement value. Customer FIRST for Wonderware User Guide, April 2015 | 42 8.3 No Damages for Termination. Schneider Electric will not be liable to Customer for any claims or damages of any kind arising out of termination of the Agreement in accordance with Sections 8.1 (“Termination”) or 8.2 (“Termination For Convenience”). 9. Suspension of Services. Without prejudice to other remedies available by law, Schneider Electric reserves the right to suspend Services if Customer does not comply with its obligations under the Agreement. 10. Work Product and Residual Rights. “Work Product” means any new or useful art, discovery, improvement, deliverable, process, invention, modification, enhancement, product, software, whether or not copyrightable or patentable, inclusive of all related know-how, trade secrets, and any other tangible or intangible technical material or information. Any Work Product developed under the Agreement is not to be considered made-for-hire under the United States Copyright Act and, at all stages of development, will remain the sole and exclusive property of Schneider Electric. Customer further agrees that it will take all actions and execute and deliver all documents requested by Schneider Electric in order to evidence Schneider Electric’s rights in and to the Work Product. It is agreed and understood that Schneider Electric is otherwise free to use its general knowledge, skills and experience and any general ideas, concepts or know-how and techniques related to or derived from the performance of Services under the Agreement. 10.1 Confidential Information. “Confidential Information” shall mean any and all information in any form that disclosing party provides to receiving party in the course of the Agreement and that either (i) has been marked as confidential; or (ii) is of such nature that a reasonable person would consider confidential under like circumstances. Notwithstanding the foregoing, Confidential Information shall not include any information, however designated, which the receiving party can show (a) is or has become generally available to the public without breach of the Agreement by the receiving party, (b) became known to the receiving party prior to disclosure to the receiving party by the disclosing party, (c) was received from a third party without breach of any nondisclosure obligations to the disclosing party or otherwise in violation of the disclosing party’s rights, or (d) was developed by the receiving party independently of any Confidential Information received from the disclosing party. Additionally, Confidential Information does not include work product resulting from the Services performed hereunder. Each party or third party whose Confidential Information has been disclosed retains ownership of its Confidential Information. Each party agrees to (i) protect the Confidential Information received from the disclosing party in the same manner as it protects the confidentiality of its own proprietary and confidential materials but in no event with less than reasonable care; (ii) use the Confidential Information received from the disclosing party only in furtherance of the business relationship between the parties. Upon termination of the Agreement or upon written request submitted by the disclosing party, whichever comes first, the receiving party shall return or destroy, at the disclosing party’s choice, all of the disclosing party’s Confidential Information. Neither party shall, except with respect to its employees, contractors or agents with a need to know for purposes of the Agreement, disclose to any person any Confidential Information received from the disclosing party without the disclosing party’s prior written consent. However, the receiving party may disclose Confidential Information pursuant to an order of a court or governmental agency, provided that the receiving party shall first notify the disclosing party of such order and afford the disclosing party the opportunity to seek a protective order relating to such disclosure. Customer FIRST for Wonderware User Guide, April 2015 | 43 A receiving party’s obligations hereunder, including the obligations to protect and preserve the secrecy of Confidential Information delivered hereunder will survive any termination or expiration of the Agreement for a period of five (5) years from the date of disclosure. 11. Limited Warranties and Exclusive Remedy. Services will be performed in a professional manner and warranted for a period of 90 days from the date of Service. Schneider Electric warrants that any parts, for Goods which are supplied while performing Services under the Agreement, will be free from material defects for a period of 90 days following delivery of such parts. Additionally, Schneider Electric warrants that any Software upgrades, patches, service packs, quick fix, quick custom, or corrective fixes which are supplied while performing Services under the Agreement, will be free from material defects for a period of 90 days following delivery of such Software upgrades, patches, service packs, quick fix, quick custom or corrective fixes. For any breach of these warranties, a Customer’s exclusive remedy, and Schneider Electric’s entire liability, shall be the reperformance of the Services or repair or replacement of such parts, Software upgrades, patches, service packs, quick fix, or quick custom. DISCLAIMER OF ALL OTHER WARRANTIES THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INVENSYS, ITS DEALERS, DISTRIBUTORS OR AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES SET FORTH ABOVE AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. INVENSYS DOES NOT WARRANT THAT THE SOFTWARE OR GOODS WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE SOFTWARE OR GOODS WILL OPERATE IN COMBINATIONS OTHER THAN AS SPECIFIED IN INVENSYS’ DOCUMENTATION, THAT THE OPERATION OF THE SOFTWARE OR GOODS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE, GOODS OR SERVICES, INCLUDING BUT NOT LIMITED TO CYBER SECURITY SERVICES, WILL PROTECT AGAINST ALL POSSIBLE SECURITY THREATS, INTERNET THREATS OR OTHER THREATS OR INTERRUPTIONS. 12. Liability Limitation and Exclusion of Damages. In no event shall Schneider Electric be liable for any indirect, incidental, special, punitive or consequential damages, or damages for loss of profits, revenue, data or use, incurred by a Customer or third party, whether in an action in contract or tort, even if Schneider Electric has been advised of the possibility of such damages. Schneider Electric’s liability for damages hereunder or relating hereto (whether in an action in contract or tort) shall in no event exceed the amount of fees paid to Schneider Electric by Customer with respect to the Services provided to Customer within the 12 month period prior to the time such liability arose. The provisions of this Section 12 allocate the risks between Schneider Electric and a Customer and Schneider Electric’s pricing reflects this allocation of risk and the limitation of liability specified herein. 13. Taxes. CFP Fees and other fees due under the Agreement do not include state, federal, local sales tax, use, excise, valued added or other similar taxes, all of which will be paid by Customer. Customer FIRST for Wonderware User Guide, April 2015 | 44 14. Relationship of Parties. The parties to the Agreement are independent contractors. There is no relationship of agency, partnership, joint venture, employment, or franchise between the parties. Neither party nor its employees has the authority to bind or commit the other party in any way or to incur any obligation on its behalf. 15. Customer’s Obligations. (a) Customer shall indemnify, hold harmless and defend Schneider Electric from and against any claims, damages or liabilities asserted by any third party against Schneider Electric as a result of Schneider Electric’s access to Customer’s or Third Party Products including but not limited to claims, damages or liabilities for infringement of any third party’s intellectual property rights. (b) Schneider Electric’s performance depends upon Customer’s timely and effective cooperation, including providing Schneider Electric with reasonable facilities, timely access to appropriate data and information, timely decisions and approvals and appropriately skilled Customer personnel. Schneider Electric will not be liable for any failure to perform Services under the Agreement, to the extent that the failure is caused by Customer’s lack of cooperation. Schneider Electric may rely upon the accuracy and completeness of data, material, and other information furnished by Customer, without any independent investigation or verification. 16. Severability. If any provision of the Agreement is determined by a court of competent jurisdiction to be in violation of any applicable law or otherwise invalid or unenforceable, such provision will to such extent as it will be determined to be illegal, invalid or unenforceable under such law be deemed null and void. The Agreement will otherwise remain in full force and effect. 17. No Implied Waivers. The failure of either party to exercise any right or option granted under the Agreement, or to require the performance by the other party hereto of any provision of the Agreement, will not prevent a subsequent exercise or enforcement of such provisions or be deemed a waiver of any subsequent breach of the same or any other provision of the Agreement. 18. Assignment. Customer may not assign the Agreement, in whole or in part, without Schneider Electric’s prior written consent. Any attempt to assign the Agreement without such consent will be null and void. Subject to the foregoing, the Agreement will bind and inure to the benefit of each party's permitted successors and assigns. 19. Translation. The language of the Agreement is expressly stipulated to be English. In the event that the Agreement is translated into another language, the English language version of the Agreement shall govern for purposes of interpretation and enforcement. 20. Force Majeure. Except for payments due under the Agreement, neither party will be responsible to the other for any failure or delay in its performance due to acts of God or other unforeseen circumstances beyond the reasonable control of either party, provided that such party gives prompt written notice thereof to the other party and uses its diligent efforts to resume performance. Customer FIRST for Wonderware User Guide, April 2015 | 45 21. Compliance. (a) Restricted Rights Legend - U.S. Government Users. The software is a "commercial item" as that term is defined at 48 CFR 2.101 (October 1995), consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in 48 CFR 12.212 (September 1995), and is provided to the U.S. Government only as a commercial end item. Consistent with 48 CFR 12.212 and 48 CFR 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein. Contractor / manufacturer is Schneider Electric Software, LLC, 26561 Rancho Parkway South, Lake Forest, CA 92630. Telephone: (949) 727-3200. (b) Export Restrictions. Customer agrees to comply fully with all applicable international and national export laws and regulations, including the U.S Export Administration Regulations and the Office of Foreign Asset Control Regulations, as well as end-use and destination restrictions issued by the U.S and foreign governments to assure that neither the Software nor Goods nor any direct product thereof are (i) exported, directly or indirectly, in violation of export laws; or (ii) are intended to be used for any purposes prohibited by the export laws. 22. Governing Law and Dispute Resolution. The Agreement shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to the conflict of laws provisions thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Agreement. The governing language for the Agreement shall be English, and no concurrent or subsequent translation of the Agreement into any language shall modify any term of the Agreement and the English language version of the Agreement shall control in the event of conflict. Any claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and its Optional Procedures for Large, Complex Commercial Disputes. The arbitration shall be heard and determined by a panel of three (3) arbitrators selected by the AAA. The arbitrators shall have exclusive authority to resolve any and all disputes relating to procedural and substantive questions of arbitrability, including but not limited to, choice of venue and choice of law issues, and the formation, interpretation, applicability, scope, and enforceability of this agreement to arbitrate. The parties shall be entitled to conduct discovery in accordance with the Federal Rules of Civil Procedure under the supervision of the arbitrators. The arbitration proceeding shall occur in Orange County, California. The parties shall equally share the arbitrators’ fees, and the arbitration and all related proceedings and discovery shall take place pursuant to a protective order entered by the arbitrators that adequately protects the confidential nature of the parties’ proprietary and confidential information. The prevailing party in such arbitration shall be entitled to recover its reasonable attorney’s fees. In no event shall any arbitration award provide a remedy beyond those permitted under the Agreement, and any award providing a remedy beyond those permitted under the Agreement shall not be confirmed, no presumption of validity shall attach, and such award shall be vacated. No claim may be brought as a class action, combined or consolidated with any other proceeding, nor may any proceeding be pursued in a representative capacity or on behalf of a class. Neither party has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim. Either party may, without waiving any remedy under the Agreement, seek from any court of competent jurisdiction any interim or provisional relief that such party deems necessary to protect its confidential information and Customer FIRST for Wonderware User Guide, April 2015 | 46 property rights, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the claim). 23. Survival of Provisions. The Sections of the Agreement that by their nature survive expiration or termination of the Agreement include but are not limited to the following Sections: Section 8.3 (“No Damages For Termination”), Section 10 (“Work Product and Residual Rights”), Section 10.1 (“Confidential Information”), Section 11 (“Limited Warranties and Exclusive Remedy”), Section 12 (“Liability Limitation and Exclusion of Damages”), Section 13 (“Taxes”), Section 15 (a), Sections 16-22 and Sections23-24. 24. Entire Agreement. The Agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior or contemporaneous representations, understandings or agreements whether written or oral, relating to its subject matter. The Agreement may be amended or modified only by a writing that is signed by authorized representatives of both parties. The Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. No terms, provisions or conditions of any request for proposal, purchase order, acknowledgement or other business form that Customer may use in connection with the Agreement will have any effect on the rights, duties or obligations of the parties hereunder, or otherwise modify, the Agreement, regardless of any failure of Schneider Electric to object to such terms, provisions or conditions. Customer FIRST for Wonderware User Guide, April 2015 | 47 APPENDIX A – TECHNICAL SUPPORT CONSULTING SERVICES Wonderware Applications Support – On-site or remote support that assists the customer in utilizing good engineering practices to leverage the capabilities of Wonderware software. The provided services may include a system application architecture and application model and code review; good engineering practice guidance; guidance on new product offerings capabilities and features and customer specific support. Wonderware System Health Check – On-site or remote support to perform a Wonderware System health check of the customer’s system. The provided services include software health check to examine the Wonderware and system loggers; evaluation of installed Wonderware software revision levels; software health check will determine which systems need updates. On-Site Technical Support for Wonderware System – On-site technical service support to troubleshoot a Service Request (S.R.) related issue. Wonderware System Security Audit - On-site or remote consulting support to review the customer’s automation enterprise design as related to security, Wonderware application security implementation, review customer information technology policies in regard to defense-in-depth, best practices, patch management, corporate security policies and procedures related to automation systems, and make recommendations on actions needed to maintain the security model for the Wonderware applications and connected legacy/unsecurable devices within the system. Wonderware System Software Migration Review – On-site or remote support to provide guidance to enable the customer to achieve quick and efficient migration to new releases and technology. The provided services include a review and analysis of existing Wonderware product application revision levels; identification of migration paths; migration project start-up and rampup assistance and recommendations to utilize new product features Customer FIRST for Wonderware User Guide, April 2015 | 48 APPENDIX B – FLEXIBLE SERVICES FUND POLICY Flexible Services Fund can be used for: The following labor-based services associated with Customer FIRST Support and Services Agreement features: o On-site Corrective Assistance o Consulting Services provisioned under the Customer FIRST Support and Services Agreement Schneider Electric service personnel travel hours to/from the customer site Travel and living expenses related to Customer FIRST Support and Services Agreement features Flexible Services Fund cannot be used for: Consulting Services not provisioned under the Customer FIRST Support and Services Agreement Labor hours for any activities, products, software, programs and solutions not related to Customer FIRST Support and Services Agreement features Travel and living expenses not related to Customer FIRST Support and Services Agreement features The following terms and conditions apply to the Flexible Service Fund: 1) The Flexible Services Fund may be provisioned by the customer for a value that will accrue during the coverage period of the Customer FIRST Maintenance and Services Agreement, in accordance with the terms of the Agreement. Allocation to the Flexible Services Fund may differ each year within a multi-year Agreement. 2) Customer’s contribution to the Flexible Services Fund will be made together with Agreement payments in accordance with the agreement billing schedule. It may be increased or decreased at renewal of the Agreement. Customer’s contribution cannot be cancelled during the annual term or multi-year coverage period. 3) The scope of services usage can be defined at any time prior to, or during, the Agreement coverage period. Delivery of services must be taken within the coverage period. 4) As applicable services are provided, the selling price will be deducted from the Flexible Services Fund. Once the Flexible Services Fund’s value has been fully used, no further services can be applied. If desired, customer may replenish funding for use during the remainder of the coverage period. 5) At Agreement expiration, unused Flexible Services Fund balance a) may be rolled forward, establishing a beginning balance in the Flexible Services Fund upon renewal of the Agreement for the next coverage period b) cannot be applied to the Agreement itself on renewal c) will not be refunded to the customer. 6) If the Agreement is terminated prior to its expiration date, accrued unused Flexible Services Fund balance will not be refunded to the customer. 7) If the Agreement is terminated prior to its expiration date, a lump-sum invoice will be issued for Flexible Services Fund usage above the accrued customer contribution. Customer FIRST for Wonderware User Guide, April 2015 | 49 APPENDIX C – CUSTOMER FIRST FOR SOLUTIONS Support Transition Services – Solution Support Engineers (SSEs) engage in the pre-production project delivery phases to gain an in-depth knowledge and understanding of the solution and integration points. This process helps to transition expertise and ultimately ensures continuity of support for your engineered solution long after the implementation team completes the project. Application Support – Each application is unique and may include custom-developed features and functionality that ultimately address the business requirements. Our knowledgeable solution support team is readily available should a client experience an issue with the application. They will focus on the application-specific aspects of the solution, providing efficient resolution and improving plant performance. Integration Support – Integration of front office business systems with manufacturing applications is often required, and sharing data between systems is frequently accomplished via custom-developed interfaces that become critical to the overall operation. The solution support team takes ownership of the integration and will fully support and quickly respond to any issue that disrupts the data flow between business systems, thus minimizing any impact on the production environment. Customer FIRST for Wonderware User Guide, April 2015 | 50 Sustaining Maintenance – To meet a client’s unique requirements and extend product capabilities, solution development will typically include custom code and configurations. The solution support team provides the engineering services required to protect your engineering investment by ensuring that the custom code and configurations developed by Schneider Electric are supported over your application lifecycle, providing any code investigation and fixes as required. Solution Knowledge Management – Schneider Electric understands the investment clients make in documenting their solutions and the value this documentation provides, especially over the lifecycle of a custom application. Schneider Electric will provide a centralized vault for code maintenance and document management. All changes to the solution will be reflected in the code and documentation with formal versioning and an audit trail which makes maintaining your application highly efficient. Offline Application Clone Services – Schneider Electric will maintain an “in-house” test application – a virtual instance of your production system – to facilitate and streamline delivery of engineering services and for offline troubleshooting, unit testing, upgrade assessment and training. This results in expedited issue resolution and greater confidence in the installation of software fixes as they have been tested on your application. Upgrade Assessment and Services – Over time, a solution’s underlying products will mature and eventually require an upgrade. Other factors such as hardware, operating system or database version obsolescence/upgrades may also necessitate a need to upgrade Schneider Electric software to remain compatible. Solution Support Engineers can perform upgrade assessments to evaluate compatibility of the overall solution. Customer FIRST for Solutions may also include services for altering the customized part of the application to ensure the overall solution continues to function as designed after upgrading of the underlying product. Solution Consulting Services – Applications and their supporting infrastructure will change as your business grows, as technology advances, and as new ideas, concepts and processes develop. These services help IT manage changes related to (customized solutions’) system architecture, application design, fixes, enhancements, upgrades, and drive consistent application performance over time. Enhancements Services – As business needs and IT infrastructure change, a software application may need to be updated and additional functionality developed. These services provide limited enhancements and changes to the custom code and also a team of engineers who can develop the required additional functionality and extend an application’s value. (Note: Enhancements and new functionality/features may require a separate Statement of Work and purchase order.) Customer FIRST for Wonderware User Guide, April 2015 | 51 APPENDIX D – CUSTOMER FIRST CYBER SECURITY M AINTENANCE PROGRAM Customer FIRST Cyber Security Maintenance Program - Overview Included Services Standard Premium Elite Common Elements Business Hours Technical Support (normal local business hours) t Emergency 24 Hour Technical Support (24/7/365) Compliance Maintenance Program t t t t 1wk/Qtr 2 wk/Qtr t Compliance Assessment Report (yearly) Software Elements Cyber Security Software Maintenance t Cyber Security Software Maintenance - 3rd Party t t t t t t t t Hardware Elements Cyber Security Hardware Preventive Maintenance Cyber Security Hardware Preventive Maintenance - 3rd Party t Common Elements Business Hours Technical Support Schneider Electric provides technical assistance during normal business hours via regional support centers to customers with Customer FIRST Support and Services Agreement coverage. Each request for Schneider Electric technical support is processed through a defined multi-level response model that assures skilled and timely attention appropriate to the urgency and complexity of the reported situation. Reported situations are assessed by support analysts according to the impact on the customer’s production, safety or environment. If your Customer FIRST Agreement includes the Cyber Security Maintenance Program and your reported issue is determined to involve your Schneider Electric Cyber Security solution, then Schneider Electric CISP technical support will be engaged to help resolve it. Business Hours Technical Support covers up to four (4) Cyber Security incidents per year, not exceeding 12 hours in total. Unused hours do not roll over to the following year or subsequent Agreement renewal period. Customer FIRST for Wonderware User Guide, April 2015 | 52 Emergency 24 Hour Technical Support Schneider Electric provides emergency technical support outside of normal business hours for situations that involve loss or potential loss of an essential function, such as a production line, system or plant down situation. If your Customer FIRST Agreement includes the Cyber Security Maintenance Program and your reported issue is determined to involve your Schneider Electric Cyber Security solution, then Schneider Electric CISP technical support will be engaged to help resolve it. Technical support for non-production applications will resume the following business day, during normal business hours. Emergency Technical Telephone Support covers up to four (4) Cyber Security incidents per year, not exceeding 16 hours in total. Unused hours do not roll over to the following year or subsequent Agreement renewal period. Compliance Maintenance Program The Compliance Maintenance Program is a comprehensive top level view of your cyber security posture of your network against your current security profile. The Schneider Electric cyber security team will review the current lifecycle status of the network systems in use at your site and outline any key compliance issues identified as part of the assessment. Schneider Electric will work with you and your identified team to provide a clear understanding of where your network is in the cyber security lifecycle, allowing you to more effectively plan for your compliance roadmap. The cyber security team will also perform a GAP analysis to identify future remediation steps, taking in to account any network changes since the past Compliance Maintenance visit. The Compliance Maintenance Program also provides routine scheduled on-site cyber security knowledge and experience that can help augment current staffing restrictions or knowledge gaps. Consultants will do the following: Perform an assessment of the current security posture Review current Cyber Security Life Cycle Review any changes to the existing network topology from last baseline Review past security profile Identify GAPs Update Cyber Security Life Cycle roadmap Outline remediation steps Customer FIRST for Wonderware User Guide, April 2015 | 53 Schedule on-site visits A Compliance Maintenance Program report documenting findings will be supplied to customer following the site visit. Elite: Two weeks per quarter; maximum four visits per year. Premium: One week per quarter; maximum four visits per year. Notes: Unused time will not roll forward to successive quarters within the Agreement coverage period, nor upon renewal of the Compliance Maintenance Program-inclusive Agreement. Compliance Assessment Report The Compliance Assessment Report involves an Schneider Electric CISP consultant making one visit annually to your site to review the current network topology against current security profiles and to provide a delta analysis outlining what, if any, remediation steps may be required. Schneider Electric will work with you to provide a clear understanding of your current network state, allowing you to more effectively plan for your compliance roadmap. Services performed include: An assessment of the current security posture Review of any changes to the existing network topology from last baseline Review of past security profile Identify deltas Outline remediation steps The Compliance Assessment Report will be provided to you within the timeframe specified in your agreement following the site visit. To qualify for this service, a Compliance Maintenance Program assessment must be available. Customer FIRST for Wonderware User Guide, April 2015 | 54 Software Elements Cyber Security Software Maintenance The Cyber Security Software Maintenance Program involves a site visit to assess the lifecycle status of Schneider Electric software previously installed as part of a CISP Cyber Security solution. The CISP consultant will review the current releases, service packs, patches, and updates for Schneider Electric software related to your cyber security solutions. Schneider Electric makes no guarantee that maintenance releases will become available during the agreement period. Activities will include: Review of current software status including version, revision and maintenance releases, patches, and updates Provision of a report recommending any necessary remediation steps One site visit for Cyber Security Software Maintenance is performed annually. Notes: 1. The software support terms of your Customer FIRST Support and Services Agreement apply to software changes recommended by the Cyber Security Software Maintenance report. 2. Installation and startup activities require the scheduling of a separate site visit for which the labor terms of your Agreement will apply. Cyber Security Software Maintenance – 3rd Party Cyber Security Software Maintenance − Third party involves a site visit to assess the lifecycle status of third party software previously implemented as part of a CISP Cyber Security solution. The CISP consultant will review the current releases, service packs, patches, and updates for Schneider Electric software related to your cyber security solutions. Schneider Electric makes no guarantee that maintenance releases will become available during the agreement period. This service includes: Activities will include: Review of current software status including version and incremental releases, patches and updates Provision of a report recommending any necessary remediation steps Customer FIRST for Wonderware User Guide, April 2015 | 55 rd One site visit for Cyber Security Software Maintenance – 3 Party is performed annually. Notes: 1. The terms of this Customer FIRST Support and Services Agreement apply to third-party software changes recommended by the Cyber Security Software Maintenance report. 2. Installation and startup activities require the scheduling of a separate site visit for which the labor terms of your Agreement will apply. Hardware Elements Cyber Security Hardware Preventive Maintenance Cyber Security Hardware Preventive Maintenance involves a site visit to assess the reliability and performance of the Schneider Electric hardware products previously installed as a part of a CISP Cyber Security solution. The CISP consultant will perform a comprehensive review of the current network system. Activities will include: Review current hardware status for maintenance, releases, product alerts and open cases Analysis of system conditions to ensure it is operating with in pre-defined specifications Provision of a report recommending any necessary remediation steps The Cyber Security Hardware Preventive Maintenance site visit does not include installation of version licenses, revision releases and maintenance releases, or any startup activities. These and other activities that fall outside of maintenance scope of work and require the scheduling of a separate site visit for which the labor terms of this Agreement will apply. Notes: 1. The terms of this Customer FIRST Support and Services Agreement apply to hardware changes recommended by the Cyber Security Preventive Maintenance report. 2. Installation and startup activities require the scheduling of a separate site visit for which the labor terms of this Agreement will apply. One site visit for Cyber Security Preventive Maintenance is performed annually. Customer FIRST for Wonderware User Guide, April 2015 | 56 Cyber Security Hardware Maintenance – 3rd Party Cyber Security Hardware Preventive Maintenance – Third party involves a site visit to assess the reliability and performance of the third-party hardware products previously installed as a part of an Schneider Electric CISP Cyber Security solution. The CISP consultant will perform a comprehensive review of the current network system. Activities will include: rd Review current 3 Party hardware status for maintenance, releases, product alerts and open cases Analysis of system conditions to ensure it is operating with in pre-defined specifications Provision of a report recommending any necessary remediation steps The Cyber Security Hardware Maintenance site visit does not include installation of version licenses, revision releases and maintenance releases, or any startup activities. These and other activities that fall outside of maintenance scope of work and require the scheduling of a separate site visit for which the labor terms of this Agreement will apply. Notes: 1. The terms of your Customer FIRST Support and Services Agreement apply to hardware changes recommended by the Cyber Security Preventive Maintenance report. 2. Installation and startup activities require the scheduling of a separate site visit for which the labor terms of your Agreement will apply. One site visit for Cyber Security Preventive Maintenance – Third party is performed annually. Customer FIRST for Wonderware User Guide, April 2015 | 57