These terms and conditions apply to the “Extended Customer Care” support and maintenance service plan offered by
Sonic Foundry, Inc. Extended Customer Care is an annually renewable, fee-based program that provides End Users
of Mediasite Recorders ongoing limited support and maintenance for Recorders which have passed their end-ofwarranty
date. By accepting and/or using any of the services described below, the End User agrees to be bound by
these terms and conditions.

 

1. Definitions

“Sonic Foundry Products” means Mediasite Recorder hardware (not including any peripherals) and software thereon.

“Purchase Notification” means the document and/or email from Sonic Foundry to the End User which references the
Customer Care contract purchased and includes the End User’s Customer Care contract ID, access to the online
Customer Care Portal and contract registration information.

“Reseller” means any authorized party who purchases Sonic Foundry Products for resale.

“End User” means any party who purchases Sonic Foundry Products from an authorized Reseller or Sonic Foundry
for their own use and not for redistribution.

“1st -Level Support” means support provided by an authorized Sonic Foundry Reseller directly to the End User, if
applicable, to assist in the configuration, operation and diagnosis of Sonic Foundry Products.

“2nd -Level Support” means support provided by Sonic Foundry Technical Support Center to the End User or Reseller
in the configuration, operation and diagnosis of Sonic Foundry Products.

 

2. Sonic Foundry Service Responsibilities

For the term of the Extended Customer Care contract, Sonic Foundry or one of its authorized Resellers will provide
the following services:

  • Technical product support (1st-Level Support and/or 2nd-Level Support) via phonethe Customer Care Portal. 2nd Level Support prioritization and case escalation is determined by End User's Customer Care contract type (Standard Customer Care, Enhanced Customer Care or Premium Customer Care.)
  • Anytime access to the Mediasite Customer Care Portal which provides access to: downloads, online case submission and status tracking, documentation, release notes, searchable knowledge base and Customer Care contract coverage details

In certain instances, Extended Customer Care may include the following services; however, Sonic Foundry makes no
guarantees that these options will be available to all customers.

  • New Recorder software versions – New software versions are only available if the End User’s Recorder is technically capable of installing and supporting the software. If the Recorder is not technically capable of installing and supporting the new software version, End User must remain on the last supported software version or upgrade the Recorder hardware at the current Recorder upgrade fee.
  • Recorder or Recorder component repair/replacement – Recorder repair/replacement services are only available if the necessary replacement or refurbished parts or Recorders are still in stock or available to Sonic Foundry, and Sonic Foundry deems the Recorder repairable/replaceable. End User may ship a failed Recorder Recorder. A minimum assessment fee of $500 (payable in advance by credit card) is due whether or not the Recorder is deemed repairable/replaceable. A repair/replace quotation will only be provided to End User if the necessary replacement/refurbished parts or a replacement/refurbished Recorder are available. If Recorders or replacement parts are not available or Sonic Foundry deems the Recorder not repairable or replaceable, End User must upgrade the Recorder at the current Recorder upgrade fee.

 

3. End User Responsibilities

For the term of the Extended Customer Care contract, the End User agrees to:

  • Provide any necessary contract registration information if this information is not already on file with Sonic Foundry. (End User should be prepared to provide the serial number(s) of Sonic Foundry Product(s), their organization’s address, phone number and date of purchase.)
  • Pay for all services requested including additional costs, if applicable, such as travel and on-site support.
  • Provide reasonable access to the Sonic Foundry Product through the Internet so Sonic Foundry Technical Support can diagnose or correct problems remotely.
  • Use the latest release of software, where Sonic Foundry advises that this will correct a reported problem.
  • Notify Sonic Foundry of any change in contact information.
  • Retain all original hardware and software configurations unless authorized by Sonic Foundry.

 

4. Accessing Support

1st-Level Support, when applicable, can be obtained by contacting the authorized Sonic Foundry Reseller from which
the End User purchased the Customer Care contract. 1st-Level Support is available during regular business hours, but
in no event less than Monday through Friday, 9:00a.m.—5:00pm in the time zone of the End User (excluding
holidays).


When 1st – Level Support does not resolve the problem, 2nd-Level Support can be obtained from Sonic Foundry by
calling (877) 783-7987 or (608) 443-1600 Monday through Friday 7 a.m. – 7 p.m. CT (excluding Sonic Foundry
recognized holidays) or submitting an online support case via the Customer Care Portal.

 

5. Case Resolution

Sonic Foundry extends its best efforts when providing technical support services to the End Customer. Resources will be dedicated to problem resolution within standard operating hours. For matters of extreme severity such as systemwide outages, resources may be dedicated outside of standard operating hours, at Sonic Foundry's discretion. However, Sonic Foundry does not guarantee that it can or will correct all problems or errors.

 

6. Exclusions

Sonic Foundry is not obligated to provide technical support related to the following:

  • Any customization of, or labor to install, software.
  • Electrical or site work external to the Sonic Foundry Product.
  • Support or replacement of the Sonic Foundry Product that is altered, modified, mishandled, destroyed or damaged by one or more of the following: (i) natural causes; (ii) environmental effects; (iii) failure to take any required actions; (iv) misuse of the product or use other than as specified in the applicable Sonic Foundrysupplied documentation; (v) an act or omission of a third party; or (vi) installation of third-party hardware or software or modification of existing hardware.
  • Services to resolve software or hardware problems resulting from third party products or causes beyond Sonic Foundry control.
  • Services for non-Sonic Foundry software or hardware.
  • Services for any personal computer hardware, software or related components whether or not Sonic Foundry software is installed.
  • Any hardware and/or memory upgrade required to run new or updated software.
  • Major, minor and maintenance release of Microsoft® operating system, middleware or application software platforms. End User should contact their Microsoft software provider directly to obtain information on acquiring releases and/or bug fixes relates to Microsoft software platforms.
  • Sonic Foundry Products for which the End User is unable to provide a valid and applicable serial number. In the event that you are unable to provide a valid and applicable serial number(s) and Sonic Foundry agrees to provide services, the fees payable by the End User shall be Sonic Foundry’s then-current time and materials rates.
  • Sonic Foundry Product for which Extended Customer Care support has lapsed. Continuation of support services are subject to Sonic Foundry’s then current reinstatement fees. (See Section 7.)
  • Any expenses incurred by Sonic Foundry to visit the End User’s location, except as required during escalation of problems by Sonic Foundry.

 

7. Extended Customer Care Renewals

Each Extended Customer Care contract is for the period indicated on the Purchase Notification and is renewable
annually. Renewal charges for subsequent years are calculated based on the prevailing support rate on the contract
anniversary date.

If an Extended Customer Care contract is not renewed or is terminated, and the End User subsequently requests support services, Sonic Foundry may, in its sole discretion, reinstate the Customer Care support services, but the End User will incur a reinstatement penalty. Reinstatement fees for lapsed or terminated contracts take into account retro-active payment for the months of unpaid Extended Customer Care support services. Reinstatement fees are calculated using the prevailing Extended Customer Care support rate plus a 25% penalty. Late renewals retain the original contract
anniversary date.

 

8. Limited Warranty

Sonic Foundry warrants that the services provided under this agreement shall be performed with that degree of skill
and judgment normally exercised by recognized software companies performing services of the same or substantially
similar nature. SONIC FOUNDRY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED UNDER EXTENDED
CUSTOMER CARE AND EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.


9. Limitation of Liability

Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Sonic Foundry be liable to End
User or any other person for any indirect, special, incidental, or consequential damages of any character including,
without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other
commercial damages or losses, or for any damages in excess of the fees paid to Sonic Foundry by End User for the
then-current Extended Customer Care term even if Sonic Foundry shall have been informed of the possibility of such
damages, or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal
injury to the extent applicable law prohibits such limitation. Some states and/or countries do not allow the exclusion
or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to End User.

 

10. General Provisions

Assignment
End User may only assign its rights and obligations in regard to Customer Care as part of the sale or transfer to an
acquiring entity of substantially all of the assets of End User’s business operations in which the Sonic Foundry Product
is deployed.
Governing Law
The terms and conditions herein shall be governed, construed, and enforced in accordance with the laws of the State
of Wisconsin.
Independent Contractor
At all times the relationship of Sonic Foundry to End User shall be that of an independent contractor. Nothing in this
document shall be construed to create any partnership, association, joint venture, or employment between the parties.
Force Majeure
Neither party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable
control of such party. Such acts shall include, but not be limited to, acts of God, strikes, walkouts, riots, acts of war,
epidemics, failure of suppliers to perform, governmental regulations, power failures, earthquakes, or other disasters.
Complete Agreement
This document represents the complete agreement between the parties and supersedes all prior agreements and
representations between them, including but not limited to End User’s purchase orders. It may only be modified or
superseded by a written amendment executed in writing by both parties, or a more current replacement of this Extended
Customer Care Terms & Conditions document as issued by Sonic Foundry upon End User’s renewal of Extended
Customer Care


11. Contact Information

If you have any questions regarding your Customer Care contract, please email mediasite@sonicfoundry.com.