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Definition of Service

Premium Service consists of:

• 24x7x365 telephone access to Technical Support Service
• Preferential handling of Technical Support cases
• Service Level Agreement (as follows)

Service Level Agreement

OPNET shall use commercially reasonable efforts to comply with the following Response Times and Resolution Guidelines upon receipt of LICENSEE’s report of a problem with the performance of the SOFTWARE.

Incident Severity

OPNET shall use commercially reasonable efforts to respond by telephone or e-mail to LICENSEE’s reports of problems resulting from the failure of the SOFTWARE to perform substantially as stated in the then-current DOCUMENTATION. OPNET’s Response Time shall be based on the Severity Level (described below) as determined by the LICENSEE; Severity Level confirmation and Resolution Guidelines shall be as determined by OPNET following receipt of sufficient written information to allow OPNET to document or duplicate the reported SOFTWARE problem. For purposes of Response Times and Resolution Guidelines, SOFTWARE problems shall be designated from Level 1 through Level 3, where a Level 1 problem is the most severe

Severity Level 1

• Definition: The SOFTWARE has failed to perform substantially as stated in the then-current DOCUMENTATION resulting in a critical impact on LICENSEE's business operations.
• Response Time Requirement: OPNET shall respond within two (2) hours following receipt of LICENSEE’s report of a Severity Level 1 problem via telephone.
• Resolution Guideline: Fix or workaround within forty-eight (48) hours following OPNET’s receipt of sufficient written information (by e-mail) to allow OPNET to document or duplicate the problem reported.  The method of correction shall be selected solely by OPNET.  Any Severity Level 1 problem unresolved after forty-eight (48) hours shall be escalated to Technical Support Management and the parties shall mutually agree upon severity reduction procedures or procedures to resolve the problem.

Severity Level 2

• Definition: The SOFTWARE has failed to perform substantially as stated in the then-current DOCUMENTATION and LICENSEE's business operations are degraded.
• Response Time Requirement: OPNET shall respond within four (4) hours following receipt of LICENSEE’s report of a Severity Level 2 problem via telephone.
• Resolution Guideline: Fix or workaround within five (5) days following OPNET’s receipt of sufficient written information (by e-mail) to allow OPNET to document or duplicate the problem reported.  The method of correction shall be selected solely by OPNET.  Any Severity Level 2 problem unresolved after five (5) days shall be escalated to Technical Support Management and the parties shall mutually agree upon severity reduction procedures or procedures to resolve the problem.

Severity Level 3

• Definition: The SOFTWARE has failed to perform substantially as stated in the then-current DOCUMENTATION and the failure has not had an impact on LICENSEE’s business operations,.
• Response Time Requirement: OPNET shall respond within six (6) hours following receipt of LICENSEE’s report of a Severity Level 3 problem via telephone.
• Resolution Guideline: Fix or workaround using commercially reasonable efforts following OPNET’s receipt of sufficient written information (by e-mail) to allow OPNET to document or duplicate the problem reported.  The method of correction shall be selected solely by OPNET.