Sideview Subscription License Agreement

Copies of our Subscription License Agreement and Support Addendum are always available on request in docx form — just contact sales@​sideviewapps.​com.

However a copy of the License terms (for our Annual Term Licensing) is also included below for reference. 

And further below that you will find a copy of the ​“Sideview Support Services” Exhibit defining things like Service Levels etc.

SIDEVIEW SUBSCRIPTION LICENSE AGREEMENT

This Sideview Subscription License Agreement (this ​“Agreement”), is between Sideview, LLC, a California limited liability company with principal place of business at 484 Lake Park Ave Ste. 242, Oakland, California 94610 (“Sideview”), and ___________________, a ____________________ __________________________, with principal place of business at ______________________ (“Licensee”), governs the use of software provided by Sideview LLC (the ​“Sideview Software”) and any Support Services (as defined herein).

The Sideview Software is call investigation and reporting software that permits users to create reports and investigate analytics for CallManager data within Splunk. Sideview desires to license that software to Licensee for a specific renewable period of time, so that its employees and other internal staff may use the software, conditioned upon certain limitations set forth herein. Licensee desires to license the software and agrees to abide by the license limitations as a condition of receiving the license. 

The parties, therefore, in consideration of the mutual promises contained herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows.

1. License & Fees.

1.1 Order Form. This Agreement, as well as any upgrade or renewal (as may be permitted herein), will be accompanied by a Sideview Order Form (“Order Form”), and each such Order Form is hereby integrated into and made a part of this Agreement by reference. The Order Form will set forth the metrics of the license, including the term, the per-unit license metric (which may be the number of end points or devices the Sideview Software may survey or provide information for, the number of users who may use the Sideview Software, and/​or the number of devices on which the Sideview Software may run, and/​or a similar metric), as well as the cost of the license (the ​“License Metrics”). As between the provisions of this Agreement and of the Order Form, the provisions of this Agreement will control, and no provision in the Order Form will override, waive, or amend any provision of this Agreement. Furthermore, other than a change in License Metrics, no additional provision may be added to or included in an Order Form without meeting the requirements of Section 7.4, and the parties agree that no course of conduct will be effective to override such requirements.

1.2 License. Sideview hereby grants Licensee and its Authorized Users a non-exclusive, non-assignable, non-transferable, fully paid-up, royalty-free license, within North America (the ​“Geographic Limits”), to reproduce and use the Sideview Software and the Documentation, and create Developed Apps, during the Term and solely for internal use within the Licensee’s entity and not outside it, on the condition that Licensee and its Authorized Users comply with the License Restrictions and do not exceed the License Metrics or any rights explicitly granted hereunder (the ​“License”). Licensee will be strictly liable for the actions of its Authorized Users and shall ensure that they comply with the License and all License Restrictions, and any violation of the License or License Restrictions by an Authorized User will be deemed a violation by Licensee. Furthermore, as a condition of the License, Authorized Users may only use the Sideview Software in the course of their work directly for Licensee.

1.3 License Restrictions. The ​“License Restrictions” are as follows:

(a) Scope of License Restrictions. Licensee’s use of the Sideview Software is limited by the use restrictions (if any) specified in the applicable Order Form, including without limitations adherence to the License Metrics; however, these License Metrics may be altered on subsequent Order Forms, and the Order Form(s) that remain in effect will control. Any use of the Sideview Software where it may be prohibited by law is strictly forbidden. Licensee shall not use the Sideview Software outside the Geographic Limits, nor shall it export, directly or indirectly, the Sideview Software to any country for which the U.S. government or any agency thereof, at the time of export, requires an export license or other government approval without first obtaining such license or approval. Licensee shall not, with respect to the Sideview Software: (a) distribute it to any third party or make it available (though action or inaction) to anyone other than Authorized Users; (b) sublicense it; © make it available as a service bureau, software-as-a-service offering, or any similar method; (d) transfer or assign the License; (e) attempt to dissemble, inspect, or reverse-engineer it, or request, enable, or permit anyone else to do so; or (f) enter into any contract with the purpose or effect of evading or circumventing any of the License Restrictions. Furthermore, Licensee shall ensure that its Authorized Users comply with the License Restrictions.

(b) No Developed Apps for Third Parties. Licensee will not: (i) distribute to any third party any Developed App; or (ii) allow a third party to access, use, or otherwise run or execute (whether on any computer system, virtual machine, or simulator) any Developed App, including without limitation as a service bureau or software-as-a-service offering. The restrictions of the preceding sentence apply regardless of whether (1) the Developed App includes elements of the Sideview Software, (2) the third party owns, is owned by, or shares common ownership with Licensee, and/​or (3) Licensee requires consideration for the proposed distribution or other use of the Developed App. Notwithstanding the foregoing, Licensee is permitted to deploy Developed Apps to third parties solely to allow those third parties to host the infrastructure required to run the Sideview Software on Licensee’s behalf only.

© Other License Restrictions. Copies of Sideview Software created or transferred pursuant to this Agreement are licensed, not sold, and Licensee receives no title to or ownership or any attendant intellectual-property rights of any copy or of any Sideview Software. Furthermore, Licensee receives no rights to the Sideview Software other than those specifically granted in Section 1.1 above. Without limiting the generality of the foregoing, Licensee will not: (i) modify, create derivative works from, distribute, make available, publicly display, publicly perform, reverse engineer (including without limitation decompile, inspect, or debug), or sublicense the Sideview Software; or (ii) use the Sideview Software for service bureau or time-sharing purposes or in any other way allow third parties to exploit the Sideview Software. Licensee will not remove any copyright or other legal notices on the Sideview Software.

1.4 License Fees. Licensee will pay Sideview the license fees for the Sideview Software specified on the Order Form (the ​“License Fees”). License Fees for the Initial Term are due Net 30 days from Licensee’s receipt of the applicable invoice from Sideview. Payments dishonored or reversed will be deemed never to have been made; however, in such event, Licensee will have a 2‑day grace period to cure. Support Services for the Sideview Software is included in the License Fees and further described in Section 6 and the Support Services Exhibit. LICENSE FEES MAY CHANGE FROM TIME TO TIME, AND LICENSEE SHOULD CHECK THE CURRENT LICENSE FEES BEFORE RENEWAL. For purposes of this payment provision, time is of the essence.

2 Rights & Audit.

2.1 Ownership. Sideview retains all right, title, interest, and ownership in and to the Sideview Software and all attendant intellectual-property rights, and Licensee recognizes that the Sideview necSoftware is protected by U.S. and foreign intellectual property laws, including without limitation copyright. Licensee will retain all title to and ownership of, and attendant intellectual-property rights to, any Developed App, subject to the provisions of Section 1.3; however, no such rights of Licensee will include, entail, or require any license to the Sideview Software, and License understands that any Developed App will not work without the Sideview Software.

2.2 No Obligations With Respect To Splunk Software. Licensee recognizes and agrees that Sideview is not the provider of the Splunk Software and that SIDEVIEW WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE SPLUNK SOFTWARE, FOR ANY OTHER PRODUCT OR SERVICE FROM SPLUNK, OR FOR ANY ACT OR OMISSION OF SPLUNK. OR OF ANY OTHER THIRD PARTY. To use the Sideview Software or any Developed App, Licensee must separately license the Splunk Software from Splunk or another authorized party.

2.3 Audit. Within 10 business days of Sideview’s written request, Licensee will provide evidence, including without limitation a screenshot or screenshots from the Sideview Software, as requested by Sideview, to confirm the Licensee’s current compliance with all License Restrictions. If Licensee complies with any such request, and the response shows compliance, Sideview will not make such requests more than once in any 6‑month period; for the avoidance of doubt, if Sideview makes any such request more than once before Licensee complies, the above-noted period will begin on the date of the first such request. 

3 Warranties & Disclaimers.

3.1 Disclaimer. THE SIDEVIEW SOFTWARE IS PROVIDED ​“AS IS.” SIDEVIEW DISCLAIMS ALL WARRANTIES REGARDING THE SIDEVIEW SOFTWARE AND DOCUMENTATION, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

3.2 Limitation of Liability. IN NO EVENT WILL SIDEVIEW’S LIABILITY ARISING OUT OF, OR RELATED TO, THIS AGREEMENT EXCEED, IN TOTAL, THE LICENSE FEES PAID DURING THE SINGLE PERIOD ENCOMPASSING THE 12 MONTHS PRIOR TO THE MOST-RECENT INCIDENT THAT TRIGGERED LIABILITY, REGARDLESS OF WHETHER ANY LICENSE FEES WERE PAID IN ANY SUCH MONTH.

3.3 Waiver of Liability and Limitation of Damages. IN NO EVENT WILL SIDEVIEW BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND FOR ANY REASON. If applicable law limits the application or extent of the provisions of Section 3, Sideview’s liability will be limited to the maximum extent permissible.

3.4 Representations, Warranties, and Allocation of Risk. Sideview represents and warrants that it has not intentionally placed in the Sideview Software any virus, worm, trojan horse, or similar destructive device or algorithm. However, the parties acknowledge the following: (1) the foregoing representations do not apply to software bugs; (2) the Sideview Software License, if not renewed, will expire, which expiration may disable part or all of the Sideview Software and Licensee’s ability to use it; (3) nothing in this Section 3.4 will apply to anything that may affect the Sideview Software once it has been uploaded to the Splunk App repository ​“Splunkbase,” or other third-party repository, and Licensee accepts any and all risk and Liability that may be attributed to the actions or inaction of any such third-party, which risk and liability will not be borne by Sideview, notwithstanding anything to the contrary herein.

4 Confidential Information. 

4.1 Definition. Each party may receive from the other party information that is proprietary to the disclosing party, and is marked as confidential or with a similar notice (if disclosed in writing or tangible form), identified as confidential (if disclosed verbally), and reduced to writing within thirty days of such disclosure (“Confidential Information”). However, Confidential Information does not include any of the following: (a) information that was available to the receiving party on a non-confidential basis prior to disclosure by the disclosing party; (b) information that is or becomes generally available to the public, other than as a result of a disclosure made, caused, aided, or enabled by the receiving party or its agents; © information that becomes available to the receiving party on a non-confidential basis from a person or entity (other than the disclosing party) who at the time was neither bound by a confidentiality agreement with regard to the information disclosed nor otherwise prohibited from transmitting the information to the receiving party; (d) was independently developed by the receiving party or its agents without use of, or reference to, the disclosed information; or (e) data collected or used by the Sideview Software, but only where Licensee voluntarily transmits such data to Sideview, and such data is anonymized or otherwise fuzzed; for the avoidance of doubt, Sideview represents and warrants that the Sideview Software does not and will not transmit or exfiltrate any such data to Sideview automatically or otherwise without Licensee’s knowledge. The Sideview Software will be deemed and treated as Confidential Information hereunder.

4.2 Use and Disclosure Restrictions. The receiving party will: (a) safeguard Confidential Information with the same degree of care as it exercises with its own confidential information of a like nature, but no less than reasonable care; (b) not disclose any Confidential Information to third parties other than the receiving party’s agents and consultants who have a need to know it and are bound by written confidentiality restrictions with regard to it, except where permitted in writing by the disclosing party; and © will use the other party’s Confidential Information solely in the exercise of the rights and obligations under this Agreement, and for no other purpose. Notwithstanding the foregoing, in the event the receiving party receives a request or demand to disclose any Confidential Information under terms of a subpoena or government demand or order from a court or government organization of competent jurisdiction(including without limitation any government regulator of either Sideview or Licensee), or any other government requirement of disclosure (the ​“Demand”), the Receiving Party shall, to the extent permissible by law, promptly provide notice to the disclosing party with a copy of the Demand to give the disclosing party reasonable opportunity to contest disclosure. If, in the opinion of counsel, the receiving party is compelled to disclose Confidential Information in response to the Demand, the receiving party shall disclose only the portion of Confidential Information so required on opinion of counsel and shall do the following: (i) give the Disclosing Party reasonable opportunity to prevent further disclosure; and (ii) exercise reasonable efforts to obtain assurances that confidential treatment will be accorded the Confidential Information. Furthermore, a receiving party may disclose Confidential Information in litigation, arbitration, or mediation, on the condition that the party makes a reasonable attempt to safeguard the Confidential Information by requesting a protective order (or, in the case of arbitration or mediation, similar protection from the arbitrator or mediator).

5 Term & Termination.

5.1 Term. This Agreement will become effective when the last party to execute it does so (the ​“Effective Date”) and will remain in effect until the expiration of the Sideview Software license term specified on the relevant Order Form (the ​“Initial Term”). Thereafter, this Agreement will automatically renew for successive periods of 1 year (each a ​“Renewal Term”) unless either party notifies the other, in writing, of its intent not to renew, at least 30 before the start of such Renewal Term. (The Initial Term together with all Renewal Terms are the ​“Term.”) Sideview will notify Licensee of any price increase for any Renewal Term no less than 30 days weeks before the date of renewal, for which e‑mail to the assigned point-of-contact will suffice. Licensee Understands that a request to change the scope of the License via an increase in License Metrics will increase the price of the License, and no further notice is required. 

5.2 Termination. Either party may terminate this Agreement for material breach of the other party. Such termination must be by written notice, effective in 30 days from the notice, but which termination will not be effective if, during the 30-day period, the breaching party cures and sends a notice to the other party that it has cured and briefly explaining how it has cured. However, no advanced notice is required, and no attempt to cure will be effective to prevent termination, if Sideview terminates for Licensee’s breach of any provision of Section 1.2 or Section 1.3 above, any breach of which is hereby deemed to be material.

5.3 Effect of Termination. Upon termination of this Agreement, the license granted in Section 1.2 above will terminate and Licensee will cease all use of the Sideview Software and delete all copies in its possession, custody, or control. However, the Licensee may save (and not delete) any custom-configuration files created or revised for the Sideview Software. The following provisions will survive termination of this Agreement: Sections 1.3, 2, 3, 4, 5, 7. 

6 Support & Maintenance.

Subject to timely payment of License Fees, Sideview shall provide support and maintenance (“Support Services”) as described in Exhibit A (the ​“Support Services Exhibit”).

7 Miscellaneous.

7.1 Notices. Notices pursuant to this Agreement will be sent: (a) to Sideview at info@​sideviewapps.​com; and (b) to Licensee at the point(s) of contact provided on the relevant Order Form. A party may change its address for receiving notices by sending a notice pursuant to this Agreement, which will be effective in 3 days.

7.2 Authority to Bind & Independent Contractors. Each party represents and warrants to the other party that it has the full power and authority to enter into this Agreement, and that the execution and delivery of this Agreement does not contravene, breach, or otherwise conflict with any laws, judgments, agreements, or arrangements, whether written or oral, by which such party is bound. No party hereto is an agent of the other party, nor can either party bind the other party. The parties are independent contractors and will so represent themselves in all regards, and no joint venture or other similar relationship is intended or will be created hereunder. This Agreement does not grant either party a license to the other’s trademarks. However, Licensee grants to Sideview the right to display Licensee’s name and/​or logo as a user of the Sideview Software.

7.3 Jurisdiction, Venue, Applicable Law, and Interpretation. This Agreement will be governed by and construed in accordance with the laws of the state of California, without regard to conflicts-of-law principles. Any dispute regarding this Agreement, permitted by the Agreement to be decided in a court of law, shall be decided exclusively in the state or federal courts located in San Francisco, California, and no party shall dispute such jurisdiction or venue or plead an inconvenient forum. Any reference to ​“days” means calendar days, unless it specifies ​“business days,” which will mean any weekday that is not a U.S. federal government holiday. The headings in this Agreement are intended for organization purposes only; they have no substantive meaning and will not be used to interpret this Agreement. References to Sections refer to the numbered and lettered Sections of this Agreement. The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by any party shall not preclude or waive the right to use any or all other remedies. Such rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise.

7.4 Amendment, Waiver, and Severability. This Agreement may only be amended in a writing dated concurrent or subsequent to the Effective Date of this Agreement, which refers explicitly to this Agreement and is signed by both parties. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement. No party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this Agreement shall not prevent a subsequent act that would have originally constituted a violation from constituting a violation. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect. 

7.5 Force Majeure. The time for either party to perform any obligation under this Agreement (other than a payment obligation) may be extended by the period of delay resulting from acts of God, fire, flood, war, riot, embargo, organized-labor stoppage, earthquake, acts of civil and military authorities, delays of carriers or suppliers, compliance with any governmental requirement, epidemic, pandemic, quarantine or stay-at-home order, order of business closure, or any other cause or factor beyond either party’s reasonable control, even if in existence on the Effective Date; on the condition, however, that the party suffering such delay immediately notifies the other party of the delay and the reason for delay. However, either party shall have the right to terminate this Agreement upon 30 days’ notice if the delay of the other party, due to any of the abovementioned causes, is likely to continue, or has already continued, for a period of 30 days or longer.

7.6 Government Restricted Rights. The Sideview Software is provided with Restricted Rights. Use, duplication, or disclosure for or by the government of the United States, including without limitation any of its agencies or instrumentalities, is subject to restrictions set forth, as applicable, in subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights clause at FAR 52.227−19; in subparagraph ©(3) (Limited Rights) of the Rights in Technical Data and Computer Software clause at DFARS 252.227−7013; or in similar clauses in other federal regulations, including the NASA FAR supplement. The contractor or manufacturer is Sideview, LLC. Licensee will not remove or deface any restricted rights notice or other legal notice appearing in the Sideview Software or on any media (including packaging) associated with the Sideview Software.

7.7 Assignment & Successors. Licensee may not assign this Agreement or any of its rights or obligations hereunder without Sideview’s express written consent. Notwithstanding the foregoing, this Agreement may be assigned by operation of law, but only if all of the following requirements are met: (1) the reason for the assignment is a merger, acquisition, or similar transaction, that includes Licensee as a merging, acquiring, or acquired party; (2) both Licensee and the intended assignee sends a notice under this Agreement to Sideview stating the fact of assignment by operation of law and including a copy of the documents effecting the transaction; and (3) Licensee sends a notice under this Agreement to Sideview containing a declaration signed by the intended assignee, under 28 U.S.C. § 1746, stating that the intended assignee agrees to be bound by all of Licensee’s obligations, limitations, and prohibitions under this Agreement. This Agreement will be binding upon and inure to the benefit of the parties’ respective successors and permitted assigns.

7.8 Entire Agreement. This Agreement is fully integrated, and together with the Support Services Exhibit and any Order Form(s), sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous writings, negotiations, discussions, and understandings, written or oral, with respect to the subject-matter hereof. Neither party has relied upon any such prior or contemporaneous communications.

7.9 Electronic Transactions and Counterparts. The parties hereby consent to conduct this and future transactions with each other electronically, and they agree that future transactions, including modifications of this Agreement, may (but need not be) made exclusively by electronic means. Amendment of this Agreement may be made electronically, including in a document transmitted by e‑mail; but any purported amendment solely in the text of e‑mail, or by a purported course of conduct, shall be void and of no force or effect. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one instrument. If this Agreement is executed in counterparts, no signatory hereto shall be bound until both parties have duly executed or caused to be duly executed a counterpart of this Agreement.

8 Definitions.

“Authorized Users” means those employees, agents, and subcontractors of Licensee that Licensee permits to use the Sideview Software.

“Confidential Information” has the meaning set forth in Section 4.1.

“Demand” has the meaning set forth in Section 4.2.

“Developed App” means any application, view, module, extension, or other software created by Licensee , by or through the Sideview Software. 

“Documentation” means the Sideview Software’s online user manual and installation instructions.

“Effective Date” has the meaning set forth in Section 5.1.

“Geographic Limits” has the meaning set forth in Section 1.2.

“Initial Term” has the meaning set forth in Section 5.1.

“License” has the meaning set forth in Section 1.2.

“License Fees” has the meaning set forth in Section 1.4.

“License Restrictions” has the meaning set forth in Section 1.3.

“Order Form” has the meaning set forth in Section 1.1.

“Renewal Term” has the meaning set forth in Section 5.1.

“Splunk” means the entity Splunk, Inc.

“Splunk Software” means software developed, owned, or licensed by Splunk.

“Support Services” has the meaning set forth in Section 6.

“Support Services Exhibit” has the meaning set forth in Section 6.

“Term” has the meaning set forth in Section 5.1.

IN WITNESS WHEREOF, the parties have executed this Sideview Subscription License Agreement as of the Effective Date.

EXHIBIT A

SIDEVIEW SUPPORT SERVICES

This Support Services Exhibit (the ​“Exhibit”) is incorporated by reference into the agreement to which it is attached (the ​“License Agreement”). Any term not defined herein will have the meaning set forth in the License Agreement. For purposes of this Exhibit, the ​“Software” will mean the Sideview Software.

1. Support Offering. Commencing on the effective date of the License Agreement, and subject to timely payment of License Fees as specified in the License Agreement, Sideview will provide to Licensee the Support Services contained herein. 
2. Support and Maintenance. Sideview will:
   (a) Use commercially reasonable efforts to respond to a support request in accordance with the service levels described in Section 8 below, provided that Licensee submits a support request by email describing the support request at support@​sideviewapps.​com. All such support shall be provided from 9 a.m. to 5 p.m. (Pacific time) during the normal business week and excluding United States national holidays observed by Sideview. Sideview will provide technical support by telephone, email, and web-conferencing as necessary in its reasonable opinion; and
   (b) Deliver updates such as bug fixes and patches; and
   © Provide Software Upgrades as generally available to Sideview customers.
3. Update Assurance. The right to use updates to the Software as they become generally available to Sideview’s end user licensees. An ​“Update” is any newer version of the Software which has been released to the public and which replaces the prior version of the Software. All such updated Software is licensed to Licensee for use subject to all terms and conditions of the License Agreement. 
4. Scope of Support. Support with respect to the Software will include (a) clarification of functions and features of the Software; (b) clarification of documentation pertaining to the Software; and © assistance in error identification, verification, analysis and correction to the extent possible by telephone and email (d) a temporary workaround that can be applied to the currently installed version; or (e) incorporation of a fix into an upcoming maintenance release.
   
   Licensee’s technical assistance may be limited to error correction resolution if Licensee has not installed and implemented all licenses for such Software in accordance with the directions for installation provided by Sideview. Technical support will not include activities that would be typically made generally available and characterized by Sideview as consulting regarding proper installation and implementation, product training, consulting involving integration, pre-production configuration services, implementation services or the like.
5. Licensee Obligations. Licensee will designate a contact person for all support requests. Licensee shall be responsible for making regular backups of their reports dashboards and configurations. Licensee personnel shall have received Splunk training and shall have completed, if Splunk has been installed on more than one host, Spunk’s ​“Administering Splunk” class, or plan to have complete same within one year of the effective date of the license. If Sideview Support determines that resolving a problem reported by Licensee requires reading Sideview’s available Setup Documentation and completing the setup steps therein, Licensee will not refuse to read said documentation and Sideview Support will not themselves complete the setup steps for Licensee in advance of Licensee reading said documentation.
6. Exclusions. Sideview is not required to provide any maintenance or support services relating to problems arising out of (i) Licensee’s failure to implement all bug fixes and patches to the Software which are issued hereunder; (ii) changes to the operating system or environment which adversely affect the Software; (iii) any alterations of or additions to the Software performed by parties other than Sideview; (iv) improper installation of the Software or use of the Software in a manner for which it was not designed; (v) accident, negligence, or misuse of the Software; (vi) operation outside of environmental specifications; (vii) interconnection of the Software with other software products not supplied by Sideview; or (viii) use of the Sideview Software on a server other than the server for which such Sideview Software was designed for and licensed for use on. Sideview shall only be obligated to support the then current production version of the Software and the immediately prior version for a period of six (6) months after such release. Support for any earlier versions or for other problems not covered hereunder may be obtained at Sideview’s then current rates for special technical services upon request.
7. Acknowledgement of Use of Personal Data. Licensee acknowledges and agrees that Sideview will require Licensee to supply certain personal data (such as business contact names, business telephone numbers, business e‑mail addresses), in order for Sideview to provide Support and to keep Licensee apprised of support and product updates.
8. Service Levels. Upon receiving a Service request, Sideview, in its sole discretion, will classify the problem according to the following criteria:

*These times are estimates, and subject to Sideview’s business hours as specified in Section 2 above. For example, if a support request is sent on a holiday or weekend, the response times do not begin until Sideview is open for business following the holiday or weekend.