TECHNICAL SUPPORT TERMS AND CONDITIONS

This Agreement

These Software Support Services Terms and Conditions (this “Agreement”) govern the delivery of Support Services (defined below) by Cyrious Software, a Louisiana corporation (“Cyrious”) to the customer (“You”) who has purchased or engaged Cyrious to provide Support Services.

Terms

The following terms are used in this document:

• “Software” means: (i) the Cyrious software product licensed to You by Cyrious for which You have purchased a Support Plan; (ii) the manuals, wikis, and other end user documentation generally provided by Cyrious with the software; and (iii) all modifications, corrections, or updates provided by Cyrious or its agents or subcontractors in the course of providing the Support Services.
• "Support Services" are the services that Cyrious provides to You pursuant to Cyrious’ then-current standard support plans (“Support Plans”), as described in the Support Policies.
• "Standard Support Services" (or just "Standard Support") includes those services provided to you as part of a pre-paid monthly or annual support contract.
• "IT Services" & "Supplemental Services" (collectively "IT & Supplemental Services") & "Consulting Services" & "Implementation" and "Startup" include various services Cyrious may provide to you that are not covered as part of Standard Support Services.
• “Support Policies” are the then-current policies set forth from time to time at http://supportterms.cyrioussoftware.com.

What Is Standard Support

Cyrious offers standard technical support services to its users through a support contract. This contract also allows the user to receive any upgrades to their version of the software that are issued while they are on support subject to the restrictions indicated. A certain period of support service is usually included with the original purchase and through annual renewals and monthly subscriptions.

Standard Support is a paid service, but it is not a metered service. That is, you are not charged based on the quantity or hours used in a given month. This Agreement may be terminated by Cyrious for Your failure to pay Cyrious in a timely manner. Cyrious may also terminate these Support Terms if You materially breach the terms stated here or in your Software license agreement.

Assistance

Standard Support covers assistance with operational issues associated with Cyrious products. This includes:

• Telephone and e-case technical support assistance;
• Answering basic questions about Cyrious' software;
• Installing the current version of Cyrious on the server in the standard configuration;
• Installing the current version of Cyrious on clients machines in the standard configuration;
• Troubleshooting problems with Cyrious;
• Identifying, clarifying, and resolving reporting issues in Cyrious programs or Cyrious-created reports;
• Recording suggestions and confirming reported bugs;
• Showing users how to correct their errors in their data;
• Helping users undo mistakes and explaining how the user can resolve these issues going forward;
• Providing general hardware recommendations;
• Enabling the backup features within Cyrious;
• Assistance restoring a standard backup file;
• Assisting in setting up user settings;
• Unlimited access to Cyrious' on-line WIKI knowledgebases at www.cyriouswiki.com;
• Unlimited access to Cyrious’ on-line training videos at www.cyrioussoftware.com.

Updates

If You remain on Standard Support, You are eligible for upgrades issued for Your software subject to the conditions below:

• You must be on Standard Support when the new version is released;
• You must have remained on continuous support for the entire duration between when You started using the version you are currently running and when the new version was released;
• Free upgrades cover existing functionality and may not include new modules if these new modules are sold as a separate add-on to the Software.

If You are not eligible for a free update, you may still purchase the update from Cyrious.

Restrictions

• Standard support explicitly does not cover the items identified in the IT, Consulting and Supplemental Support Services sections of this letter.
• You will be provided with Support Services only for a maximum of four (4) named technical support contacts ("Technical Support Contacts"). Support Services will be delivered only to the Technical Support Contacts. Requests for assistance from other contacts will be referred back to the Technical Support Contacts. You may modify the Technical Support Contacts on file with Cyrious once within any 30 day period.
• Cyrious may limit or terminate the Support Services being provided if You use the Support Services in an abusive or fraudulent manner, as determined by Cyrious in its reasonable discretion. Examples of such use include a high number of calls that concern previously resolved issues, repeated posing of questions to which the answer is readily found in the documentation, and discussion of issues that are not related to technical support.
• Cyrious shall not be required to provide any Support Services relating to problems or issues arising out of or from use of the Software in a manner for which it was not designed; damage to the computer on which the Software are installed; or negligence, misuse, or modification of the Software.
• Cyrious will always support the latest version of its Software. 18 months after the release of a new version, support for older versions will be limited. A version of Software will only be supported on operating systems released when Cyrious released its product.

What are IT, Consulting and Supplemental Support Services

IT Services

IT Services include the installation, maintenance, troubleshooting, and/or repair of your information systems, which include networking, software, hardware, etc. A simple guideline is to view IT Services as involving work with hardware, networks, and software not written by Cyrious. IT Services are beyond the scope of what is included with the Standard Support offered by Cyrious and are primarily the responsibility for the local IT person or organization, which Cyrious can not replace. However, upon request Cyrious may provide select IT Services for it customers.

IT Services include (but are not limited to):

• Moving Cyrious to a new server;
• Non-standard installations of Cyrious (e.g., SQL Server and SSLIP on different machines);
• Installation of an older Version of Cyrious (i.e., not the latest release of the Software);
• Installation and support of a separate test system;
• Recovering Your database other than from a backup created from within Cyrious;
• Installing, diagnosing problems with, or maintaining 3rd party software such as Microsoft Office, antivirus programs, etc.
• Installing or maintaining Microsoft SQL Server (other than the Express version); Configuring SQL Server in any configuration that deviates from the standard configuration where a single copy of SQL and the SSLIP reside on the same server;
• Maintenance of database maps and import tables; customized import SQL development;

IT Services are billed at an hourly rate based on the time actually spent working on the task(s).

Consulting Services

Cyrious Consulting services offers vast expertise in the Cyrious product line. Consulting Services include report customization and modification; individualized training; product customization and modification; accounting setup; customer imports; and other "how-to" discussions or implementation work. A simple guideline is to view Consulting Services as involving work tailoring the software to your particular business, or helping you and your staff set up and use the software effectively.

Consulting Services include (but are not limited to):

• Training, whether on-site or remote;
• Creating new Crystal, SQL, or Word reports, modifying existing report, and updating reports to work with later versions of the software;
• Importing data such as customer lists, product lists, parts lists, etc.;
• Creating macros;
• Accounting setup;
• Extended start-up support beyond what is included with the initial purchase;
• Services normally handled elsewhere when You requests it be handled by the Consulting staff instead;
• All other services You request the Consulting staff to handle.

Consulting Services are billed at an hourly rate based on the time actually spent working on the task(s).

Supplemental Support Services

Supplemental support services cover technical support when it is not covered by Standard Support, such as:

• Standard support for customers not on a support contract;
• Standard support during hours when support is not offered;
• Extensive repair, rework, or reclassifying data from customer mistakes;
• Consulting services handled by support staff at the customer's request.

Unlike Standard Support, Supplemental Support Services are billed at an hourly rate based on the time actually spent working on the task(s).

Service Rates

Fees for IT, Consulting, and Supplemental Support services are based upon the time taken, plus all out-of-pocket expenses. By engaging Cyrious, you understand and agree that all requests for supplemental services, whether via email, telephone, online chat, in person, or other medium are billable. As of 9/1/2015 , the rate for supplemental services are:

IT Services	Support Services	Consulting Services
Level 1 - $120/hour	Level 1 - $90/hour	Consultant - $150/hour
Level 2 - $150/hour	Level 2 - $120/hour	Senior Consultant - $175/hour
Level 3 - $200/hour	Level 3 - $150/hour	Developer - $200/hour

The specific task and the skill level necessary will be used to determine the department and level required. You are free to request a specific employee to work on your issues provided she is available, and is trained to handle the task. In these cases, you will pay the rate for that employee's skill level. The minimum billing interval is 10 minutes during the normal work day (weekdays 7:30 am - 7 pm CST). The minimum billing interval for off-hours support is 60 minutes. All off-hour emergency or non-scheduled calls are handled by and billable at Tier II levels regardless of the issue. If applicable, Cyrious will invoice You for the balance of the travel related costs (airfare, hotel, rental car, tolls, parking, etc.). When travelling, Cyrious will bill You a per diem for employee food at a rate of $50/day/person for US locations and $60/day/person for international locations.

Cyrious retains the right to withhold and/or refuse all service if, after several attempts to contact you, we are unable to run payment and/or do not receive payment.

Project Estimates

Upon request, Cyrious can provide you with a rough verbal estimate of the time involved in a particular project. Most often this will be in the form of a range of time (e.g., "less than 60 minutes" or "between 2 and 3 hours"). This is only an estimate and many unknowable factors can affect the actual time. These factors include the complexity of the project, the size of the database, specific hardware and software issues, the clarity of instruction, changes in requirements, the responsiveness of your staff to requirements they need to handle, the skill level of your staff, and more. However, we will advise you as soon as we are aware that the scope of the project will exceed the specified range. Time spent generating a written estimate for a project is billable at the standard rates.

Warranty and Disclaimer

Cyrious will use commercially reasonable efforts to provide the Support Services in a professional manner, but Cyrious cannot guarantee that every question or problem You raise can or will be resolved. Nothing in this Agreement shall be construed as creating a warranty for the Software. In no event will Cyrious’ liability arising from or related to these support terms exceed the amounts paid by You for the support services ordered by You for the annual period in which the liability arose. In no event will Cyrious have any liability for any special, punitive, indirect, or consequential damages, including, without limitation, damages for lost profits, loss of data, costs of procurement of substitute goods or services, loss of use of equipment or facilities, or interruption of business, arising from or related the support terms under any theory of liability, whether or not Cyrious has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.

This Agreement is governed by the laws of the State of Louisiana. The State of Louisiana shall be the jurisdiction of any dispute arising from this Agreement.

Changes

Cyrious reserves the right to modify this Agreement with reasonable notice. Email notification to the address of the Technical Support Contact(s) is considered sufficient notification. Cyrious is not required to obtain proof of receipt.