Fair Isaac Software Support and Maintenance Policy

This Support and Maintenance Policy describes the support and maintenance services Fair Isaac provides for its generally available software products. Clients who have purchased these services from Fair Isaac and are current on support and maintenance fees are eligible for services set forth in this policy.

  1. DEFINITIONS

Agreement

The agreement under which Client has licensed generally available software from Fair Isaac.

Application Software

Software designated by Fair Isaac as an application product on the Support Site.

Business Day

A calendar day Monday through Friday, excluding holidays observed by Fair Isaac.

Bypass

One or more procedures recommended by Fair Isaac to avoid an Error or to mitigate the impact of an Error on the Client’s business operations, including backing out to a previous Release or rebooting systems, SQL scripts, configuration changes and/or implementing a specific release of a third party software product.

Client

The Fair Isaac client identified in the Agreement.

CPI

The Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average for All Items, 1982-84=100, as published by the US Bureau of Labor Statistics.

End of Life (EOL)

The date upon which Fair Isaac no longer generally provides Support and Maintenance of the Software.

End of Release (EOR)

The date upon which Fair Isaac no longer generally provides Support and Maintenance of a specific Release of the Software.

End of Version (EOV)

The date upon which Fair Isaac no longer generally provides Support and Maintenance of a specific Version of the Software (including all Releases to that Version).

Error

A persistent malfunction, inherent within the Software, that prevents the Software from operating according to its standard technical documentation.

Extended Support

Entitles Client, for an increased fee, to Support for a Release that has been designated as EOR or Version that has been designated as EOV.

Fair Isaac

Fair Isaac Corporation and its subsidiaries.

Maintenance

Entitles Client to standard Versions, Releases and Service Releases in accordance with this policy when and if made generally available by Fair Isaac to its clients that are current on support and maintenance fees.

Patch

A programmatic correction to the Software, targeted to address a specific Error that has undergone limited or no regression testing.

Release

An update to the Software designated by Fair Isaac as "right of dot" (i.e., X.y.z where y is the Release number). A Release will generally include minor improvements, functionality modifications, or Error corrections developed since the previous Release.

Service Release

An update to the Software designated by Fair Isaac as "right of the second decimal” i.e., X.y.z where z is the Service Release number).  A Service Release will generally contain one or more fixes for recognized Errors.

Severity Level

A number assigned by Fair Isaac in accordance with Section 3.8 to a Client-reported Error with the Software.

Software

The generally available Fair Isaac software product licensed by Client under the Agreement.

Support

Entitles Client to submit questions about the Software to Fair Isaac Product Support, in order for Fair Isaac to use commercially reasonable efforts to resolve operating Errors that are attributable to the Software, and to resolve verified and reproducible Errors in the Software.

Support and Maintenance Fees

Fees for Support and Maintenance applicable to the Software, including any Extended Support fees.

Support Hours

Hours Fair Isaac is available to provide Support, as specified in Section 3.7.

Support Site

Fair Isaac’s public website located at http://www.fico.com, or a successor URL designated by Fair Isaac. 

Tool Software

Software designated by Fair Isaac as a tool product on the Support Site.

Version

An update to the Software designated by Fair Isaac as “left of dot” (i.e., Version X.y.z where X is the Version number). A new Version of the Software will generally include significant additional features, functionality, performance improvements, simplifications or improvements to the operator interfaces, and/or load capacity.

 
  1. MAINTENANCE

2.1. Subject to payment of the applicable Support and Maintenance Fees and compliance by Client with the terms of this policy and the Agreement, Fair Isaac will provide Maintenance for the Software as set forth in this policy. 

2.2. Service Releases are made available for the most current Release.  If a Client Error is discovered on a previous Release and that Error has been resolved in a subsequent Release (or Service Release to that subsequent Release), the Client will be advised to install the most current Release and, if applicable, Service Release.

  1. SUPPORT

3.1. Subject to payment of the applicable Support and Maintenance Fees and compliance by Client with the terms of this policy and the Agreement, Fair Isaac will provide Support for the Software as set forth in this policy.

3.2. To receive Support Client must:

  1. designate primary and secondary liaisons that have been sufficiently trained on the Software, and ensure Client’s support requests are centralized through these Client liaisons;
  2. use reasonable efforts, including consulting Fair Isaac-supplied documentation, to verify that reported Errors are due to a malfunction of the Software, and not due to the operating system, hardware, data, interfaces, or improper use of the Software, prior to contacting Fair Isaac for Support; and
  3. notify Fair Isaac of any Error with the Software in a timely manner (in no event later than 30 days) after becoming aware of an Error with the Software; and
  4. provide all supporting information as requested by Fair Isaac and available to Client, that is relevant to verifying, diagnosing, or correcting the Error, including but not limited to product log files, configuration files, screen prints and information regarding any changes made to the Software configuration or third-party platforms and components.

3.3. Fair Isaac will only be obligated to provide Support when the Software is operated on or in connection with supported third-party platforms and components installed on designated equipment, as stated in the technical documentation for the Software. If third-party support is retired or discontinued for such third-party platforms or components, Client may be required by Fair Isaac to upgrade to the third-party platforms or components currently supported in order to continue receiving Support. 

3.4. Unless otherwise agreed in writing, Support is provided in the English language only.

3.5. As part of its product lifecycle, Fair Isaac may designate on the Support Site:

  1. a Release of Software as EOR, for which Extended Support may be available;
  2. a Version of Software as EOV, for which Extended Support may be available; and
  3. the Software as EOL.

3.6. Unless otherwise designated by Fair Isaac on the Support Site: 

  1. For Application Software, Fair Isaac will provide Support for the current Version (which includes, only for purposes of this section 3.5(a), all Releases to that Version) of the Software and the prior Version, but only for a maximum of 12 months after release of the current Version.  For example, assuming Versions 7.0 and 8.0 exist, as Fair Isaac announces Version 9.0, Fair Isaac would designate Version 7.0 EOV, at which time Extended Support, if available, would apply to Version 7.0; and
  2. For Tool Software, Fair Isaac will provide Support for the current Release of the Software and the prior Release, but only for a maximum of 12 months after release of the current Release.  For example, assuming Releases 5.0 and 5.1 exist, as Fair Isaac announces its latest Release, 5.2, Fair Isaac would designate Release 5.0 as EOR, at which time Extended Support, if available, would apply to Release 5.0.

3.7. Unless otherwise designated by Fair Isaac on the Support Site:

  1. For Software to be installed at locations in North America, Asia, and South America, "Support Hours" are 6:00 a.m. to 5:00 p.m. Pacific Time, Monday through Friday, excluding holidays observed by Fair Isaac in the United States; and 
  2. For Software to be installed at locations in Europe, Middle East, and Africa, "Support Hours" are 8:30 a.m. to 5:00 p.m. UK Time, Monday through Friday, excluding holidays observed by Fair Isaac in the United Kingdom.

3.8. Upon Client’s report of an Error, a Fair Isaac representative will acknowledge the Error report by issuing a confirmation to Client, either by phone or email, and Fair Isaac will assign a Severity Level to the Error based on the type of issue reported, according to the following schedule

Severity
Level

Condition

Service Hours

Initial Response

Communication/
Status Updates

Action Plan

1

Production Down Emergency: An Error in the production environment that inhibits all or substantially all of the Software from functioning in accordance with its documentation and which has a material detrimental impact on Client’s business. A severity “one” Error is both severe and mission-critical.

Support will be provided 24x7x365. Client must report Severity Level 1 Errors by phone.  Once the Error is identified and logged, Fair Isaac will provide services to resolve the Error on a diligent-efforts priority basis seven days per week until the Error has been resolved, received a Patch, resulted in a Bypass, or downgraded to a lower priority or Severity Level.

Provide a phone response within 30 minutes during Support Hours or within 1 hour outside of those hours.

Provide subsequent updates every 2 hours thereafter, or as mutually agreed with Client.

Provide action plan within 4 hours for the development of a Patch or Bypass. After development of the Patch or Bypass (if applicable), Fair Isaac will notify Client of inclusion of the Patch or a solution in a Service Release.

2

Production Impaired: An Error that causes major functionality of Software to be inhibited, but the Error does not materially disrupt Client’s business.

Error will be worked on during Support Hours.

Provide a written or phone response within 4 hours during Support Hours.

Provide subsequent updates every 4 hours thereafter during Support Hours or as mutually agreed with Client.

Provide an action plan within 2 Business Days for a Bypass.  If resolution requires a Patch, Fair Isaac will notify the Client of inclusion of the Patch or a solution in a Service Release.

3

Production Inhibited:  An Error that inhibits a feature of the Software, but the Error does not materially disrupt Client’s business.

Error will be worked on during Support Hours.

Provide a written or phone response within 1 Business Day.

Provide subsequent updates as mutually agreed with Client.

Consider for correction or inclusion in the next Release.

4

General Assistance: A “how to” question or an Error that is minor or cosmetic in nature or an enhancement to be considered for a future Release.

Error will be worked on during Support Hours.

Provide a written or phone response within 2 Business Days.

Provide subsequent updates as mutually agreed with Client.

Consider for correction or inclusion in the next Release.

 
  1. TERM, TERMINATION, REINSTATEMENT

4.1.  Fair Isaac’s Support and Maintenance obligations under this policy begin once the Software is shipped, and will continue for an initial term of one year.

4.2. Support and Maintenance will automatically renew for consecutive one-year terms unless the Client gives Fair Isaac 30 days’ written notice, prior to the end of the current term, of its intent not to renew, or Fair Isaac designates the Software as EOL.

4.3. Support and Maintenance during renewal terms will be subject to Fair Isaac’s Support and Maintenance Policy in effect for the Software at the time of such renewal.

4.4. Support and Maintenance Fees applicable to renewal terms may be increased by Fair Isaac, but no increase may exceed the most recently available annual change in CPI.

4.5. Support and Maintenance Fees will be invoiced in advance on an annual basis.

4.6. Fair Isaac may terminate Support and Maintenance under this policy with at least 30 days’ written notice if the Client is in breach under this policy or the Agreement and does not cure the breach before the end of the notice period. Fair Isaac will have no obligation to resume Support and Maintenance following a termination for cause.

4.7. Fair Isaac may, at its sole discretion, reinstate lapsed or terminated Support and Maintenance, in accordance with its then-current policies, upon payment by the Client of the applicable reinstatement fee.

  1. EXCLUSIONS

Services outside the scope of this policy are subject to availability of resources and will be charged for separately at Fair Isaac’s then-current rates for those services. The following are outside the scope of this policy:

  1. Support provided outside of the Support Hours;
  2. customization; installation of any software or product, Patch (including for a Bypass), Service Release, Release, or Version; integration; consulting; and training;
  3. optional, separately-priced, or separately licensed Software features made generally available by Fair Isaac to its clients;
  4. any problem resulting from the following: operator error; a problem or loss not attributable to the Software; third-party components no longer supported by the third party; negligence of Client or any third party; or a problem resulting from a use or modification of the Software not authorized or approved by Fair Isaac in writing, or that could have been avoided by the Client applying all required Patches or installing the latest Service Release or Release; and
  5. Support or Maintenance for any software (including any custom software) other than Software.