|
6.8.Suspension or Restriction of Service. Itron may suspend or restrict all or part of the Service Offerings at any time to protect
<br /> the integrity and functionality of the Software,Servers,platforms,and systems,or for a breach of Section 6.1.2("Restrictions on
<br /> Use"),Section 6.1.3("Content Restrictions")or Section 6.7("Conditions on Use of Service"),until such breach is cured to Itron's
<br /> reasonable satisfaction.
<br /> 6.9. Incident Management_ Itron will provide Customer support and incident and problem management services,which include
<br /> responding to alerts,tracking the issue,troubleshooting the problem and escalating to Itron subject matter experts or third-party
<br /> providers.
<br /> 6.10.Customer Technical Responsibilities_ Customer is responsible for selecting,acquiring,securing and maintaining all
<br /> equipment and ancillary services needed to connect to,access,or otherwise use and maintain compatibility with the Service
<br /> Offerings,at Customer's sole expense_ For the avoidance of doubt,Customer is responsible for providing WAN connectivity.
<br /> 6.11. User IDs and Passwords_ Itron shall provide Customer with a user identification and password("User ID")to access each
<br /> Service Offering. Customer shall be solely responsible for all use of Customer's subscriptions and accounts. Customer shall
<br /> maintain the confidentiality of all User IDs assigned to or created by Customer. User IDs may not be shared or used by more than
<br /> one user_
<br /> 6.12. Maintenance.System maintenance,whenever reasonably practicable,will be performed during off-business hours based on
<br /> the regions covered by the Service Offering. Itron will minimize Service Offering disruptions to the extent reasonably practical.
<br /> 6.13. Business Continuity and Disaster Recovery. Itron uses streaming replication to keep a hot failover database always available,
<br /> with automatic switch over in the event of failure.Application data is automatically backed up every night.All incidents requiring
<br /> system recovery will be required to adhere to Itron's incident management policy and related standard operating procedures.
<br /> BUSINESS CONTINUITY: RPO=72 hours;RTO = 5 business days.
<br /> 6.14.Recovery of Customer Data.Prior to the end of the Subscription Term,or earlier termination of this Agreement or applicable
<br /> Order Document,(the"Recovery Request Deadline")Customer may request to Itron in writing to recover system data relating to
<br /> this Service Offering ("Recovery Request"). Provided that Itron has received the Recovery Request from Customer prior to the
<br /> Recovery Request Deadline,Itron will maintain Customer's access to this Service Offering for a period of three(3) months from
<br /> Recovery Request Deadline(the"Recovery Period"),for the sole purpose of enabling Customer to retrieve the following system
<br /> data:access account information,meter details,history of index reading data and photographs.Customer may,at no additional
<br /> cost,export said system data in the standard file format used by this Service Offering,or the format already supported by this
<br /> Service Offering.At the end of the Recovery Period,the system data will be permanently deleted and will no longer be recoverable.
<br /> Notwithstanding the foregoing,if Customer fails to pay undisputed amounts due,Itron will have no obligation to maintain system
<br /> data or Customer's access to this Service Offering following the Recovery Request Deadline_ Itron may restore system data(if
<br /> recoverable)and reinstate Customer's access to this Service Offering upon payment of Itron's then current reinstatement fee.
<br /> 7. Mobile Device Software License_
<br /> 7.1. License Grant.Subject to the terms of this Agreement,Itron grants Company a limited,non-exclusive,and non-transferrable
<br /> license to download,install,and use the Mobile Device Software on Itron-approved mobile devices owned or otherwise controlled
<br /> by Customer(each a "Mobile Device")strictly in accordance with the Documentation.
<br /> 7.2. License Restrictions. Customer shall not: (a)copy the Mobile Device Software;(b)modify,translate,adapt,or otherwise create
<br /> derivative works or improvements,whether or not patentable,of the Mobile Device Software;(c)reverse engineer,disassemble,
<br /> decompile,decode,or otherwise attempt to derive or gain access to the source code of the Mobile Device Software or any part
<br /> thereof;(d)remove,delete,alter,or obscure any trademarks or any copyright,trademark,patent,or other intellectual property or
<br /> proprietary rights notices from the Mobile Device Software,including any copy thereof;or(e)rent,lease,lend,sell,sublicense,
<br /> assign,distribute,publish,transfer,or otherwise make available the Mobile Device Software,or any features or functionality of the
<br /> Mobile Device Software,to any third party for any reason.
<br /> STANDARD NAM Cellular AMI (Water& Gas)
<br />
|