aveva.

com

CUSTOMER FIRST
User Guide
AVEVA Customer FIRST Program
User Guide

Version 1.3, May 2020

© 2020 AVEVA Group plc and its subsidiaries. All rights reserved.

AVEVA, the AVEVA logos and AVEVA product names are trademarks or registered trademarks of aveva group plc or its subsidiaries
in the United Kingdom and other countries. Other brands and products names are the trademarks of their respective companies.

AVEVA Group plc

High Cross, Madingley Road
Cambridge CB3 0HB, UK
Tel +44 (0)1223 556655
Fax +44 (0)1223 556666

aveva.com
AVEVA Customer FIRST Program Page 2 of 39

Table of contents

1. AVEVA CUSTOMER FIRST PROGRAM ................................................................................................... 4

1.1. PROGRAM OVERVIEW ................................................................................................................................... 5

1.2. OPTIONAL SERVICES ...................................................................................................................................... 6

2. PRICING .............................................................................................................................................. 6

2.1. SUPPORT REINSTATEMENT FOR LAPSED ENROLLMENT................................................................................... 6

3. INCLUDED SERVICES ............................................................................................................................ 6

3.1. TECHNICAL SUPPORT AND SERVICES .............................................................................................................. 6

3.1.1. Business Hours Technical Support (Normal Local Business Hours)..................................................................... 6
3.1.2. Knowledge and Support Center Website ............................................................................................................ 7
3.1.3. Customer FIRST Mobile App ................................................................................................................................ 7
3.1.4. En Route Response Plan for Billable Onsite Corrective Assistance ..................................................................... 7
3.1.5. Discount on Technical Support Consulting Services............................................................................................ 8
3.1.6. Level 2 Direct/Advanced Technical Support ....................................................................................................... 9
3.1.7. Emergency 24-Hour Technical Support (24/7) .................................................................................................... 9
3.1.8. Customer FIRST Program Reviews (Per Year)...................................................................................................... 9
3.1.9. Technical Support Priority Response Commitment ............................................................................................ 9

3.2. SOFTWARE MAINTENANCE AND UTILITIES ..................................................................................................... 9

3.2.1. Software Maintenance Releases, Service Packs, Patches, Updates and Hotfixes .............................................. 9
3.2.2. Software Version Upgrades and Revisions ........................................................................................................ 10
3.2.3. Software Asset Manager (for Wonderware, Citect, Ampla) ............................................................................. 11
3.2.4. License Assurance.............................................................................................................................................. 11
3.2.5. Discount on Test and Offline Development System Licenses ........................................................................... 11
3.2.6. AVEVA System Monitor (for Wonderware) ....................................................................................................... 11

3.3. ADDITIONAL BENEFITS: MINIMUM CONTRACT SPEND REQUIRED ................................................................. 12

3.3.1. Included Training for your AVEVA software product (Classroom or Virtual Instructor-led) ............................. 12
3.3.2. Block of Technical Support Consulting Services included ................................................................................. 12
3.3.3. Complimentary Invitations to AVEVA Customer Events ................................................................................... 13
3.3.4. Dedicated Customer Portal ............................................................................................................................... 13
3.3.5. Technical Account Management Team ............................................................................................................. 13
3.3.6. Annual Lifecycle Assessment and Upgrade Planning Roadmap ........................................................................ 14

4. AVEVA GLOBAL CUSTOMER SUPPORT ............................................................................................... 15

4.1. AVEVA SUPPORT MODEL ............................................................................................................................. 15

4.2. CONTACTING TECHNICAL SUPPORT .............................................................................................................. 16

4.3. OBTAINING EMERGENCY 24X7 SUPPORT ...................................................................................................... 16

4.3.1. Contact Information for Emergency Support .................................................................................................... 16
AVEVA Customer FIRST Program Page 3 of 39

4.4. CASE SUBMISSION ....................................................................................................................................... 17

4.5. GATHER HELPFUL INFORMATION BEFORE YOU CONTACT US ........................................................................ 17

4.6. WHAT HAPPENS WHEN YOU REQUEST SUPPORT .......................................................................................... 17

4.7. SUPPORT ESCALATION POLICY AND UPDATE FREQUENCY............................................................................. 18

4.7.1. Initial Response Target ...................................................................................................................................... 19
4.7.2. Escalating Your Issue ......................................................................................................................................... 20

4.8. WHEN IS YOUR CASE CLOSED? ..................................................................................................................... 20

4.9. SUBMITTING A FEATURE REQUEST ............................................................................................................... 20

4.10. REQUESTS AND ELIGIBILITY FOR SOFTWARE FIX ......................................................................................... 21

4.11. REMOTE SUPPORT ..................................................................................................................................... 21

5. WARRANTY VERSUS SUPPORT – WHAT IS THE DIFFERENCE? ............................................................. 21

5.1. WARRANTY ................................................................................................................................................. 21

5.2. SUPPORT AND SERVICE................................................................................................................................ 22

6. LIFECYCLE AND SUPPORT POLICIES .................................................................................................... 22

7. OPTIONAL SERVICES ......................................................................................................................... 23

7.1. OPTIONAL SERVICES FOR ASSET PERFORMANCE SOFTWARE......................................................................... 23

7.2. OPTIONAL SERVICES FOR ENGINEER, PROCURE AND CONSTRUCT SOFTWARE ............................................... 24

7.3. OPTIONAL SERVICES FOR OPERATE AND OPTIMIZE SOFTWARE ..................................................................... 25

7.4. OPTIONAL SERVICES AND SUCCESS ACCELERATORS FOR MONITOR AND CONTROL SOFTWARE ..................... 26

8. COMMERICAL TERMS AND CONDITIONS ........................................................................................... 28

8.1. AVEVA CUSTOMER FIRST PROGRAM TERMS AND CONDITIONS .................................................................... 28

8.1.1. AVEVA GENERAL TERMS AND CONDITIONS ...................................................................................................... 28
8.1.2. SUPPORT ADDENDUM....................................................................................................................................... 33

8.2. FLEXIBLE SERVICES FUND POLICY ................................................................................................................. 37

APPENDIX A – CUSTOMER FIRST FOR SOLUTIONS ................................................................................. 38

AVEVA Customer FIRST Program Page 4 of 39

1. AVEVA Customer FIRST Program

The AVEVA Customer FIRST program is a fee based software maintenance and technical support program designed
for end-users to extract and retain the maximum benefit from their AVEVA software investments, including software
delivered via one of our flexible subscription options. Customer FIRST is purchased in the form of an annual or multi-
year agreement, purchased separately or as part of your software subscription. Customer FIRST is the foundation of
your service and support relationship with AVEVA and our global partner network. It offers a comprehensive
portfolio of services, including software version upgrades and maintenance, expert technical support and success-
based services to help you get the most value possible from your investment in our software and keep your
operations running smoothly.

The AVEVA Customer FIRST program helps you get:

• Continuous software maintenance and innovation through software version upgrades to evolve your software
solution to best address your changing business needs

• Access to technical support experts that are adept at resolving issues quickly, capitalizing on years of experience

• Optional services, resources, and system management applications to efficiently maintain and optimise the
performance of your software and meet your changing business needs

Customer FIRST offers exceptional customer-focused software maintenance, services and support and is specifically
designed to help you:

• Improve Operational Performance through accelerated project development and maximize return on investment
while minimizing implementation risk

• Protect Critical Investments through product enhancements and the newest technology upgrades, keeping your
software and applications current and “state-of-the-art”

• Maximize Asset Performance through improved performance levels of your system and plant assets Reduce
Total Cost of Ownership (TCO) by minimizing downtime and process interruption and improving operator
productivity
AVEVA Customer FIRST Program Page 5 of 39

1.1. Program Overview

The AVEVA Customer FIRST program is a portfolio with four distinct program levels – Primary, Standard, Premium
and Elite. Your program level selection may depend on project and commissioning milestones, the complexity and
criticality of your operations, the maturity of your systems and the expertise of your project resources.
The following chart depicts the core features of the Customer FIRST Program levels1.
Included Services Primary* Standard Premium Elite

Technical Support and Services

Bus i nes s Hours Techni ca l Support (Norma l Loca l Bus i nes s Hours ) P P P P
Knowl edge a nd Support Center Webs i te P P P P
Cus tomer FIRST Support App P P P P
En Route Res pons e Pl a n for Bi l l a bl e Ons i te Correcti ve As s i s ta nce NBD NBD 24 hours 4 hours

Di s count on Techni ca l Support Cons ul ti ng Servi ces 5% 10% 20%

Level 2 Di rect/Adva nced Techni ca l Support P ** P P

Emergency 24-Hour Techni ca l Support (24/7) P P
Cus tomer FIRST Progra m Revi ews (Per Yea r) 1 2

Techni ca l Support Pri ori ty Res pons e Commi tment P

Software Maintenance And Utilities

Softwa re Ma i ntena nce Rel ea s es , Servi ce Pa cks , Pa tches , Upda tes a nd Hotfi xes P P P P
Softwa re Vers i on Upgra des a nd Revi s i ons P P P
Softwa re As s et Ma na ger (for Wonderwa re, Ci tect, Ampl a ) P P P
Li cens e As s ura nce P P
Di s count on Tes t a nd Offl i ne Devel opment Sys tem Li cens es P P
AVEVA Sys tem Moni tor*** P
Additional Benefits: Minimum Contract Spend Required

Incl uded Tra i ni ng for your AVEVA s oftwa re product (Cl a s s room or Vi rtua l Ins tructor-l ed) 1 2

Bl ock of Techni ca l Support Cons ul ti ng Servi ces i ncl uded 16 24

Compl i menta ry Invi ta ti ons to AVEVA Softwa re Cus tomer Events 2 5

Dedi ca ted Cus tomer Porta l P P

Techni ca l Account Ma na gement Tea m P P
Annua l Li fecycl e As s es s ment a nd Upgra de Pl a nni ng Roa dma p P P
*Pri ma ry l evel i s onl y a va i l a bl e through AVEVA Pa rtners

**Onl y a va i l a bl e a t Premi um a nd El i te l evel s when purcha s ed through AVEVA Pa rtner

***For Wonderwa re products onl y

1
The availability of specific program levels varies depending upon the AVEVA solutions you have installed. Your salesperson can advise you.
AVEVA Customer FIRST Program Page 6 of 39

1.2. Optional Services

The AVEVA Customer FIRST Program also offers the flexibility to tailor your Support and Services agreement to the
specific needs of your business by layering Optional Services on top of your core program level. The services are
designed to further help you reduce costs, maximize productivity, accelerate projects and protect your investment.
Please refer to the Optional Services sections (summarized in Section 7) for more information on available services.

2. Pricing
The AVEVA Customer FIRST Program is an annual fee-based software maintenance and support program, included
with your AVEVA software subscription or purchased separately. The annual fee is calculated as a percentage of the
list price of AVEVA software at your facilities or sites.

2.1. Support Reinstatement for Lapsed Enrollment

AVEVA strongly encourages you to renew your Customer FIRST support enrollment on time and prior to the
expiration date. Your entitlement to access AVEVA technical support and service resources (including access to our
Knowledge and Support Center website) will expire on your Customer FIRST agreement end date. Additionally,
should a lapse in your support enrollment occur, you may be charged a reinstatement fee. The amount of the
reinstatement fee may increase the longer the enrollment has lapsed, so please renew your Customer FIRST
enrollment before it expires.

3. Included Services
AVEVA is focused on helping you transform your operations by empowering you to be more agile, more efficient,
more effective and more competitive, with outstanding, innovative open systems.

The AVEVA Customer FIRST Program delivers essential support and services to help you achieve maximum system
performance and reliability. Whether you are planning your new installation, running stable operations with no
desire to change anything, keeping your systems up to date with the latest updates, or planning a major upgrade to
your existing installation, the Customer FIRST Program provides a comprehensive and continuously evolving portfolio
of valuable services that help you maximize your return on investment, mitigate risk and ensure continued success.

3.1. Technical Support and Services

3.1.1. Business Hours Technical Support (Normal Local Business Hours)
Included in the following support levels: Primary, Standard, Premium, Elite
AVEVA provides expert technical assistance during normal business hours via regional support centers and locally-
based service engineers. Each request is processed through a well-defined multi-level response model that assures a
skilled and timely response appropriate to the urgency and complexity of the reported situation. Reported situations
are assessed according to the impact on the customer’s production, safety or environment.

Notes:

• All customers who purchase their Customer FIRST agreement through an authorized AVEVA Distributor are
served by Level 1 Distributor CSP (Certified Support Provider) distribution facilities during local business hours.

• Customers participating in the Primary or Standard level of the program who have purchased their agreement
through a local AVEVA Distributor will be entitled to support solely from that distributor.

• Customers participating in the Premium or Elite level of the program who have purchased their agreement
through a local AVEVA Distributor will also be entitled to contact AVEVA Global Customer Support directly during
business hours (see Level 2 Direct/Advanced Technical Support feature below).
AVEVA Customer FIRST Program Page 7 of 39

• Customers who purchase their Customer FIRST agreement from AVEVA directly are entitled to access AVEVA
Global Customer Support directly, regardless of program level enrollment.

3.1.2. Knowledge and Support Center Website

Included in the following support levels: Primary, Standard, Premium, Elite
Reliable information is the key to effective product and system usage. AVEVA makes available its extensive
knowledgebase of technical user documentation, issue solutions, product trends and software updates through our
Knowledge and Support Center website. Your website access also allows you to leverage the knowledge of your
peers using our Community forums.

The AVEVA website provides you with online support case management. You can submit online service requests for
technical support; if qualified for handling as a technical support case, a case number will be issued. Submitted cases
may then be reviewed online2 by the submitter.

Our Knowledge and Support Center website address is: https://softwaresupport.aveva.com/

3.1.3. Customer FIRST Mobile App

Included in the following support levels: Primary, Standard, Premium, Elite
The Customer FIRST App is a mobile application (smartphone or tablet application) designed to give you access to
support when you’re on the go and to help you understand your support and service entitlements. The Customer
FIRST app:
1. Provides you with the latest information regarding the Customer FIRST Program, including your technical
support ID for accessing support, and real-time notification of available software updates that can then be
downloaded via Electronic Software Delivery (ESD). You can use the app to review our upcoming customer
events and training classes or send a one-click request to your local salesperson for the latest software updates.
2. Is integrated with AVEVA’s Knowledge and Support Center, allowing you to submit and review your cases when
you’re on the move.
The Customer FIRST Mobile App supports both iPhone and Android devices.

Note:

• Your login credentials for our Knowledge and Support Center website are also your username and password for
the app.

3.1.4. En Route Response Plan for Billable Onsite Corrective Assistance

Included in the following support levels: Primary, Standard, Premium, Elite
AVEVA solutions are reliably supported through a remote connection (VPN or web conference). This approach
provides fast, effective support, particularly in emergency situations. In the event that our Technical Support
Engineers are unable to resolve your technical support case using remote support methods, AVEVA resources are
available to provide hands-on corrective assistance at your site.

A skilled AVEVA Technical Support Engineer will commit to providing a plan within the designated timeframe to
travel to your site to perform necessary corrective actions to return your production system or application from an
emergency situation that involves the loss of significant operational functions to stable, operational state. These
activities may include system troubleshooting, and software restoration3 or correction due to data corruption.

2
Cases opened with your local AVEVA Distributor CSP will not be visible on the AVEVA Knowledge and Support Center Website
3
Software restoration may be accomplished using install discs or via download. If the customer’s data is corrupt, there may be no recourse, in some cases, to
restore corrupted user data.
AVEVA Customer FIRST Program Page 8 of 39

While this type of support is typically time-sensitive in nature, en route response time commitment4 is determined
by the level of Customer FIRST support enrollment:

• Elite – 4 hours*

• Premium – 24 hours*

• Standard – Next Business Day*

• Primary – Next Business Day*

Notes:

• Activities that are not covered by Onsite Corrective Assistance include application work, block configuration,
display creation, historian creation, software installation, preventative maintenance work and startup support.

• Labor and materials, travel and living expenses are billable. Billable labor hours include travel time, time spent
obtaining plant access, time spent onsite and offsite performing evaluations and preparing documentation
necessary for the assigned tasks.

3.1.5. Discount on Technical Support Consulting Services

Included in the following support levels: Standard, Premium, Elite
AVEVA Consulting Services enable you to leverage skilled AVEVA resources that can help you manage complex
migrations, optimize the performance of your existing assets, conduct routine performance assessments and assist
you with new product deployment. The Customer FIRST Program provides you with access to discounts on
Consulting Services when purchased in conjunction with your support and services enrollment.

Whether you are planning a new project and need help architecting a solution or want recommendations to
optimize the performance of your existing application for a single-site project or a global, enterprise-wide
engagement, we will help you make arrangements with qualified resources within AVEVA. As always, AVEVA
Consulting Services combine best-in-class software technologies with in-depth process, plant and IT expertise.

• Elite – 20% discount

• Premium – 10% discount

• Standard – 5% discount

4*This commitment is dependent upon availability of regional resources and arrival time is dependent on transportation contingencies beyond AVEVA’s
control. Your AVEVA sales representative will work with you to define the response commitment appropriate for your site.
AVEVA Customer FIRST Program Page 9 of 39

3.1.6. Level 2 Direct/Advanced Technical Support

Included in the following support levels: Standard*, Premium, Elite
The Customer FIRST program provides Standard, Premium and Elite level members with direct access to experienced
technical resources within the AVEVA Global Customer Support team. As such, you have the flexibility of engaging
your local AVEVA Distributor (if you purchased your support agreement through one, and depending upon your
program level) or with AVEVA Global Customer Support Level 2 directly for any technical issue you encounter.

Note:

• *This entitlement is only included at Premium and Elite levels when purchasing your Customer FIRST agreement
through an AVEVA Distributor.

3.1.7. Emergency 24-Hour Technical Support (24/7)

Included in the following support levels: Premium, Elite
AVEVA provides emergency technical support outside of normal business hours for situations that involve loss of
significant software operational functions on the production system or plant downtime situations.

3.1.8. Customer FIRST Program Reviews (Per Year)

Included in the following support levels: Premium, Elite
AVEVA, in conjunction with your local distributor sales representative5, will review the Customer FIRST program
performance periodically with you on a schedule determined by your program level enrollment. AVEVA will take this
opportunity to review technical support activity, both remote and onsite, and other services usage as applicable to
the products covered by your Customer FIRST enrollment, plus lifecycle management and other technical topics of
value to your site.

The Premium level enrollment includes an annual review and the Elite level enrollment includes twice yearly
reviews.

3.1.9. Technical Support Priority Response Commitment

Included in the following support levels: Elite
Your technical support cases will receive prioritized handling by our Global Customer Support team. With Priority
Case Management you are ensured that you will have expedited access to our technical support engineers when
opening your cases, leading to expedited resolution times6.

3.2. Software Maintenance and Utilities

3.2.1. Software Maintenance Releases, Service Packs, Patches, Updates and Hotfixes
Included in the following support levels: Primary, Standard, Premium, Elite
With the Customer FIRST Program, AVEVA provides releases and fixes for covered software related to your
application that is released during your enrollment period. This entitlement applies to software that is in a current
lifecycle phase.

Maintenance releases provide corrections to software defects within a software revision level.
Media will be made available upon release, in electronic or physical format as appropriate, during the coverage
period of your program enrollment. AVEVA makes no guarantee that maintenance releases will become available
during the agreement period.

5
Where applicable.
6 Total time to resolution will depend upon the complexity of the reported issue and customer engagement during the case management and resolution process.
AVEVA Customer FIRST Program Page 10 of 39

Note:

• Installation labor for version licenses, revision releases, maintenance releases, service packs, patches and
updates, and startup activities is not included in this program feature. These activities may require the
scheduling of a separate site visit for which the labor terms of your enrollment will apply.

3.2.2. Software Version Upgrades and Revisions

Included in the following support levels: Standard, Premium, Elite
Keep your software and systems up-to-date with access to software version upgrades and revision releases. The
Customer FIRST program provides you with the ability to upgrade and keep covered AVEVA software continuously
current.

The version release is the most significant software upgrade. It generally contains major new features and
enhancements. The Revision release generally contains both software correction and minor enhancements.

License(s) and upgrade media will be made available upon release, in electronic or physical format as appropriate,
during the coverage period of your program enrollment. AVEVA makes no guarantee that version and revision
releases will become available during such enrollment period.

Software version upgrade and revision installation and startup activities are not part of the Customer FIRST Program
- these activities require the scheduling of a separate site visit for which the labor terms of your enrollment will
apply.

Operating Systems and other 3rd party software (i.e. operating systems, anti-virus software etc.) upgrades are not
included under this benefit.

Notes:

• Availability of version upgrades and revisions is subject to our Software Lifecycle Policy, available on our
Knowledge and Support Center website.

• Your Customer FIRST enrollment must be active at the time the software version upgrade or revision is
requested. Eligibility to request upgrades and revisions at no charge ends at agreement expiration. Additionally,
the following eligibility requirements must be met:
Version Upgrade Eligibility:

• Upon enrollment, AVEVA software must be at the current/preferred minimum Version level in order to be
eligible for future AVEVA Version upgrades. If AVEVA software is not at the current/preferred minimum Version
level at the time the Customer FIRST agreement is executed, the customer must first purchase the upgrade
version to get current. Once the above criteria is met, entitlement to future AVEVA software Versions begins and
will continue for as long as an active Customer FIRST agreement (Standard, Premium or Elite level) is maintained
with no lapse in support coverage.
Revision Upgrade Eligibility:

• For customers enrolled in Standard, Premium or Elite levels of Customer FIRST Program, the eligibility for the
future AVEVA revision upgrades will continue for as long as an active Customer FIRST agreement (Standard,
Premium or Elite level) is maintained with no lapse in support coverage.
AVEVA Customer FIRST Program Page 11 of 39

3.2.3. Software Asset Manager (for Wonderware, Citect, Ampla)

Included in the following support levels: Standard, Premium, Elite
The Software Asset Manager (SAM) provides you with the ability to automate the management of your physical
software and license inventory as well as providing automated functions for software update assessment, acquisition
and deployment in a secured and private environment.

Software Asset Manager is designed to include the most current and cutting edge cyber-security practices, and is
delivered as a non-intrusive, portable service that can be used without impacting your systems performance or
interrupting your production.

3.2.4. License Assurance

Included in the following support levels: Premium, Elite
The Customer FIRST Program entitles customers enrolled in the Premium or Elite level to make up to two (2)
requests to have lost licenses/license keys reissued during their annual agreement period.

Where your AVEVA product is licensed to a specific computer/MAC address, in the event the original machine is
decommissioned, Customer FIRST entitles customers to transfer the original licenses on a new machine at no
additional cost.

Note:

• License Assurance coverage is not intended for license regeneration required to support a hardware refresh or
hardware upgrade project.

3.2.5. Discount on Test and Offline Development System Licenses

Included in the following support levels: Premium, Elite
The Test, Simulation, and Emergency Back-up System Program is designed to duplicate or mirror some or all On-Line
(i.e. production) system with an Off-Line (i.e. non-production) system for the purposes of testing, simulation, or
emergency back-up such as disaster recovery or failover. The Customer FIRST Program provides access to a 50%
discount on software licenses to be used for the duplicate system.
Notes:

• Customers must agree that all software licenses in the Off-Line system will solely be used for non-production
testing or simulation or emergency back-up purposes and for no other purposes whatsoever. Applicable system
will be non-production off-line except for temporary periods during emergency back-up situations such as
disaster recovery or failover (Off-Line System).

• The Off-Line system licenses are to be identical to the On-Line system licenses in product type but may be of
lesser quantity or functional capacity (lower IO, lower tag count, less Equipment). Certain product exclusions
may apply – please ask your salesperson for further information.

3.2.6. AVEVA System Monitor (for Wonderware)

Included in the following support levels: Elite
The AVEVA System Monitor software application—installed at your plant—continuously monitors your applications
and system hardware, identifies upset conditions and alerts you to potential issues before they manifest into real
problems like software application errors or machine downtime events. System Monitor helps you maximize system
availability and increase your production yield and revenue while also enabling you to better manage system
resources to improve asset performance. The System Monitor application will allow you to:

• Identify and address issues early to avoid adverse effects on operations

• Monitor your assets 24/7/365, with early notification of issues

AVEVA Customer FIRST Program Page 12 of 39

• Quicken resolution times with pinpoint error detection

• Effectively manage your staff with automated system management

• Reduce the volume of high priority issues

• Streamline the diagnosis process with precise alert notification

3.3. Additional Benefits: Minimum Contract Spend Required

3.3.1. Included Training for your AVEVA software product (Classroom or Virtual
Instructor-led)
Available to the following support levels: Premium, Elite
Get the training solution you need with a comprehensive, world-class training course that matches the power and
excellence of your AVEVA software. You can apply your included training benefit to attend training courses at one of
our training facilities or for one of our virtual instructor-led classes.

Qualified Customer FIRST members will receive:

• Premium – 1 seat*

• Elite – 2 seats*
Notes:

• *This is the base quantity provided to customers meeting the minimum spend. Depending on your spend, you
may qualify for additional quantities.

• This entitlement covers the registration fee for the training course only and does not include Travel and Living
expenses such as hotel, transportation, meals, etc. related to classroom attendance at one our training facilities.

• Unused seats cannot be rolled forward into the next 12-month term or Agreement coverage period.

For more information about AVEVA training visit our website at: https://sw.aveva.com/training

3.3.2. Block of Technical Support Consulting Services included

Available to the following support levels: Premium, Elite
The Customer FIRST Program provides qualified enrolled customers with a block of onsite or remote Technical
Support Consulting Services for larger installations. Your block of Technical Support Consulting Services can be used,
for example, for system health checks or optimization audits and software migration review.

• Premium – 16 hours*

• Elite – 24 hours*
Notes:

• *This is the base quantity provided to customers meeting the minimum spend. Depending on your spend, you
may qualify for additional quantities.

• Travel and living expenses related to an onsite visit are billable. Any labor hours that are required to complete
onsite work that are in excess of those hours provided under the agreement are billable.
AVEVA Customer FIRST Program Page 13 of 39

• Premium or Elite customers who are qualified for a Technical Account Manager (TAM) can elect to use these
hours for an onsite support visit from their TAM.

• Unused hours cannot be rolled forward into the next 12-month term or Agreement coverage period.

3.3.3. Complimentary Invitations to AVEVA Customer Events

Available to the following support levels: Premium, Elite
AVEVA hosts customer-focused events on an annual basis. These events provide customers with a tremendous
opportunity to meet with AVEVA core engineering, development, executive management and technical support
staff, as well as to discuss corporate direction and preview emerging solutions from AVEVA.

The Customer FIRST Program provides qualified customers with complimentary passes to these events.

• Premium – 2 passes*

• Elite – 5 passes*
Notes:

• *This is the base quantity provided to customers meeting the minimum spend. Depending on your spend, you
may qualify for additional quantities.

• This entitlement covers the registration fee for the AVEVA Customer event and does not include Travel and
Living expenses related to attending the event.

3.3.4. Dedicated Customer Portal

Available to the following support levels: Premium, Elite
AVEVA offers a web-based Customer Portal that provides a universal window into your global organization. This tool
is designed to better facilitate AVEVA’s support and commercial relationship with you and to enable you to
coordinate initiatives and collaborate within your own internal ecosystem. Functionality may include the following7:

• My Library: Collaborate with users from within your own organization, as well as AVEVA Global Customer
Support and other external users (such as your SI’s) that have been approved for access. The Library section also
allows users to post objects, code, documents, etc. to be shared with other users.

• Enhanced report access:

• Global Site listings

• Purchased license reports

• Support history reports

• Profile and Contact Management: Add users, ensure the integrity of site information, and manage/restrict levels
of access to the portal.

3.3.5. Technical Account Management Team

Available to the following support levels: Premium, Elite
The Technical Account Management Team is dedicated to handling complex support requirements for a select
number of customer accounts. As a member of this team, your Technical Account Manager (TAM) will use their

7 Customer Portal functionality may vary by brand.

AVEVA Customer FIRST Program Page 14 of 39

technical problem solving and management skills to act as your dedicated support liaison within AVEVA. Your TAM
will coordinate the functional expertise and resources needed to facilitate and expedite activity on your behalf on all
support issues.

You benefit because you will deal with a team of technical experts who start from a baseline of knowledge about
your account and who, over time, will gain expertise in your individual systems and software applications. In short,
the TAM relationship helps you circumvent the common barrage of requisite technical questions and provides
confidence that technical issue resolution remains a priority.

3.3.6. Annual Lifecycle Assessment and Upgrade Planning Roadmap

Available to the following support levels: Premium, Elite
AVEVA understands that you have a need and a responsibility to maintain and upgrade your software systems as
critical parts of your business. Since all products move through lifecycle phases as they age, you will benefit from
having a clear understanding of product lifecycle phases, which have a direct relationship to the supportability of
each product. The Lifecycle Assessment and Upgrade Planning Roadmap provides you with a top-level view of the
current lifecycle status of the products in use at your site and outlines, at a high level, an upgrade path, allowing you
to more effectively plan for the future.

This service focuses on identifying a logical progression for the potential upgrade of your AVEVA software products.

Note:

• This service requires a thorough, up-to-date listing of installed software. If not readily available from our
customer, AVEVA may perform a billable (including labor hours, travel and living expenses) onsite visit to
perform a physical inventory of the customer’s systems.
AVEVA Customer FIRST Program Page 15 of 39

4. AVEVA Global Customer Support

AVEVA ensures that the utmost care is taken at every step of the development, manufacturing and on-going support
cycles that, in turn, affect our relationships with our customers. Stringent procedural methodologies are employed in
the daily operations of Customer Support centers.

Support activities are measured against targeted service levels to help ensure we provide a high-quality support
experience for our customers. Periodic internal and external audits ensure that organizational processes stay on
track. External surveys help us understand our customers’ perceptions of their support experience.

Service Capability & Performance (SCP) Certification

AVEVA’s world-class reputation for Customer Support excellence is widely
acknowledged. We have a history of customer acclaim and have successfully
achieved the prestigious Service Capability and Performance (SCP) Certification
for many years. SCP certification is administered by Service Strategies
Corporation.

When you contact any AVEVA Global Customer Support facility or a third-party AVEVA Certified Support Provider,
Subject Matter Experts (SMEs) are quickly engaged in answering your questions in order to help you troubleshoot,
diagnose and resolve the issue at hand. Your request for service enters a globally-shared case management system
that ensures every query and issue is resolved effectively, efficiently and in a timeframe appropriate to the urgency
of the reported situation.

AVEVA customers are supported by a unified global organization that is best in class. Our specialized product
resources have the flexibility to leverage other resources within our global organization to ensure that our products
and services are running at optimal levels helping you succeed in the long term.

4.1. AVEVA Support Model

AVEVA sells its software through an extensive global network of direct AVEVA sales experts and Certified Support
Provider (CSP) distributor facilities. CSPs are third-party distributor facilities certified by AVEVA.

How you access technical support resources will depend upon who you purchase your software and support through
and your program level enrollment:

Sales Channel Program Level Support Provider

AVEVA Direct Salesperson Primary, Standard, Premium, Elite AVEVA Global Customer Support

AVEVA-authorized Distributor Primary, Standard Distributor CSP*

AVEVA-authorized Distributor Premium, Elite Distributor CSP or AVEVA Global

Customer Support
*If the CSP is unable to resolve the problem, the CSP will escalate your issue to one of the AVEVA Global Customer Support (Level 2) centers on your behalf.
AVEVA will then work with the Distributor to arrive at an appropriate solution.

MULTI-LEVEL RESPONSE MODEL (ESCALATION MODEL):

Case movement is as follows:
1st Level: Certified Support Provider (CSP) or AVEVA Global Customer Support
2nd Level: AVEVA Technical Support Manager
3rd Level: AVEVA Development
AVEVA Customer FIRST Program Page 16 of 39

4.2. Contacting Technical Support

To obtain the current contact information for your local AVEVA Global Customer Support Center or an AVEVA
Certified Support Provider please visit our website:
https://sw.aveva.com/support.

You can also email [email protected].

4.3. Obtaining Emergency 24x7 Support

AVEVA provides emergency technical support outside of normal business hours for situations that involve loss or
potential loss of significant software operational functions on the production system or plant downtime situation.

Note: Reporting and other ancillary functions are not included under the definition of emergency support. It is
expected that technical support for non-production applications will resume the following business day, during
normal business hours.

Customer FIRST Program Premium or Elite enrollment includes as a benefit emergency technical support via
telephone.

4.3.1. Contact Information for Emergency Support

Unless otherwise noted, the contact information and support process detailed below applies to all AVEVA products:

Calls received via our emergency service phone numbers will be automatically routed to a live phone dispatcher. The
dispatcher will then contact one of the available technical support analysts/engineers who will return the call within
60 minutes.

Emergency technical support can be obtained by dialing +1-949-639-8500, accessible worldwide.

The AVEVA phone system will automatically identify your company via your individual phone user ID. From there,
follow the phone prompts to be routed directly to our Emergency Support dispatcher.

Important: When contacting AVEVA Global Customer Support for the first time, you will be issued an individual
phone user ID. You should have this phone user ID on hand every time you call AVEVA Global Customer Support.
Your call will not be routed properly via the telephony system if you enter your Customer FIRST
agreement/contract number. Your individual phone user ID can be retrieved via the Customer FIRST App or via the
AVEVA Knowledge and Support Center website.

Contacting AVEVA for emergency support for your OASyS SCADA, Integrity Operations or Pipeline Trainer (formerly
SimSuite) software:

Emergency technical support can be obtained by dialing +1-877-528-9620 or +1-401-792-4566. Calls received via our
emergency service phone numbers will be automatically routed to a live phone dispatcher. The dispatcher will then
contact one of the available technical support analysts/engineers who will return the call within 120 minutes.
AVEVA Customer FIRST Program Page 17 of 39

4.4. Case Submission

AVEVA offers you multiple methods for submitting your technical support issue:

• Telephone: Log your issue with one of our technical support analysts or engineers.

• Web: Log your issue using our online case submission form via our technical support websites.

• Email: Log your case by emailing our Global Customer Support centers.
Note:

• When emailing our technical support team you should include in your email your Customer FIRST Program ID
and the assigned case number if you already have a case open with us. We will then forward your message to
the assigned Technical Support Engineer and reply to you accordingly.

All cases entered into the AVEVA case management system can be accessed by AVEVA support facilities across the
globe. Our support centers collaboratively monitor this case-handling stream to ensure that every open case is
assigned to appropriate personnel, who may be located anywhere in the world.

4.5. Gather Helpful Information Before You Contact Us

To make the most of your time when you contact AVEVA to request technical support, please have the following
information on hand:

• Your Customer FIRST User ID, if known

• The assigned case number if this is an open issue

• Product component and software version

• Any patches installed if the issue relates to a software application

• If situation involves a software application only, know the operating system type and version

• System topology and design architecture

• Relevant output from diagnostic applications

• Are there any third-party hardware cards in the machine?

• Are there any third-party software applications running?

• Was the application tried on a different machine?

• Have you tried to reproduce the problem, and if so, what was the result?

• What have you done to troubleshoot the situation?

4.6. What Happens When You Request Support

When you contact AVEVA Global Customer Support or submit a question via our support website, we will quickly
process your request. Support inquiries are processed with the following methodology:

• Receipt of your inquiry is acknowledged.

• Your Customer FIRST Program enrollment level is verified.

AVEVA Customer FIRST Program Page 18 of 39

• The inquiry is logged into our case management system and the case number provided for reference.

• The issue is prioritized based on commercial or technical urgency.

• When speaking with the Technical Support Engineer, you can request that a specific priority level be
assigned to your case and we will do our best to accommodate your request.

• AVEVA begins to diagnose and resolve the issue as quickly as possible.

• If the Technical Support Engineer requests that you provide application files for further investigation, you will be
advised of the appropriate available methods of transmission -- via email or FTP site.

• If necessary, we will strive to reproduce the behavior to help determine its root cause.

• Once root cause is determined, we will determine a course of action with the goal of achieving problem
resolution.

• You will be regularly updated as to the status of your case including any measures taken by AVEVA to escalate
your issue to higher level subject matter experts.

4.7. Support Escalation Policy and Update Frequency

Based on the assigned priority level of your case, AVEVA Global Customer Support will take appropriate action to
resolve your question or issue. That is, given the priority level, here's what we will do:

Case Priority Levels

Priority Level Definition Action To Be Taken

P1 - Critical System or process downtime, loss of AVEVA Global Customer Support will work
essential function, critical business or on the case full-time, including evenings and
operational impact, human safety or weekends as necessary, until it is resolved or
environmental impact. an appropriate workaround is found.
P2 - Serious Feature(s) inoperable, no evident AVEVA Global Customer Support will work
workaround, failure of one or more on the case full time during normal business
components, degraded operation of an hours.
essential function, potential business or
operational impact, up against a hard
deadline.
P3 - Moderate Feature is inoperable and a workaround is AVEVA Global Customer Support will work
possible, operational question, minimal or on the case during normal business hours.
no business or operational impact
P4 - Informational Informational question, no business or AVEVA Global Customer Support will work
operational impact, customer request, or on the case during normal business hours.
next day call back is acceptable.
AVEVA Customer FIRST Program Page 19 of 39

In addition, AVEVA Global Customer Support will provide you with regular updates on your issue based on the
priority level of the case and your Customer FIRST program level:

Case Update Frequency

Priority Level Elite Premium Standard Primary

P1 - Critical 6 hours 12 hours Once per day Once per day

P2 - Serious Once per day Once per day 2 days 3 days

P3 - Moderate 3 days 4 days 5 days 10 days

P4 - Informational 5 days 5 days 8 days 10 days

Note: The update frequency schedule is based on the time elapsed during the normal business hours of the receiving
AVEVA Customer Support regional center, except for P1 enquiries where the elapsed time includes both business
hours and after-hours.

While it is our intent to resolve your case as quickly as possible, we cannot project an exact resolution at the onset of
the issue. This is because it depends on the complexity of your question or issue and the speed at which we receive
any requested documentation or diagnostic output from you.

4.7.1. Initial Response Target

Depending upon your Customer FIRST program level and the priority level of your case, AVEVA Global Customer
Support applies the initial response targets shown in the table below when handling your case. The initial response
target is met when the first activity related to the case is:

• performed by our Technical Support Engineer AND

• is communicated to you or is viewable as an activity under the case details in the case management area of our
Knowledge and Support Center website AND

• is performed within the target amount of time shown in the chart

Initial Response Target

Priority Level Elite Premium Standard Primary

P1 - Critical 30 minutes 1 hour 2 hours 4 hours

P2 - Serious 1 hour 2 hours 4 hours 12 hours

8 hours 12 hours 16 hours 24 hours

P3 - Moderate
P4 - Informational 12 hours 16 hours 24 hours 48 hours
Note: The elapsed time for the purposes of determining whether Initial Response Target is met is the time elapsed
during the normal business hours of the receiving AVEVA Customer Support regional center, except for P1 enquiries
where the elapsed time includes both business hours and after-hours.
AVEVA Customer FIRST Program Page 20 of 39

4.7.2. Escalating Your Issue

AVEVA Global Customer Support has systems in place to ensure that your incident will receive proper attention and
be processed according to its priority by the appropriate people in our department, as well as other relevant AVEVA
departments.

4.8. When Is Your Case Closed?

AVEVA will work to quickly resolve your question or issue based on the assigned priority level. Your case will be
closed when it falls under one of these categories:

• Your question has been satisfactorily answered and it requires no further activity.

• The issue has been resolved via a Fix, Patch, Service Pack, or Major / Minor product release.

• Your issue was determined to be a software defect, which will be resolved in a future Patch, Service Pack, Fix or
in the next release of the product. When the Patch, Service Pack, Fix, or Maintenance Release becomes
available, you will be notified by email. Patches, Service Packs and Fixes will be made available via the
Knowledge and Support Center website. AVEVA Patches, Fixes and Service Packs will be incorporated into a
future product release.

• Your question or issue results in correction in the AVEVA product's user manual and/or on-line help system

• Your issue is caused by running a third-party software or hardware product that is not owned or distributed by
AVEVA. We'll explain the cause of the problem and recommend your next course of action.

• Your question or issue concerns a desired product feature that is not part of the product’s current release. We
will convert your issue into a product enhancement request, which will be forwarded to Product Marketing for
further evaluation.

• You request that you no longer wish for us to work on your question or issue.

• You request that your case be closed.

• We require additional input from you but cannot reach you after making several attempts via known contact
points (telephone, email). However, if you contact us after we have closed your logged case, we will be happy to
reopen it.

4.9. Submitting a Feature Request

AVEVA strives to continually improve our portfolio of products in terms of new and improved features and product
performance. We strongly encourage you to submit your ideas and suggestions on the use of AVEVA products.

You may submit your feature requests to us by contacting your AVEVA Global Customer Support Center.

Your request will be initially handled as a case, with entry into our case management system. If your request is
subsequently determined to be more appropriately handled as product enhancement or feature requests, your case
will be “closed” and submitted to AVEVA’s Portfolio group. You will be notified of this action.

Your enhancement request (defined as a request for modification to an existing product specification, a new product
feature or function) will be logged as such and assigned a tracking number which will then be emailed to you for
reference. The next step is a review and prioritization of all enhancement requests by the AVEVA Portfolio group.
These requests will then enter the product definition cycle for upcoming releases of that product. Requirements for
a release are prioritized according to their business value as determined by the Portfolio Group.
AVEVA Customer FIRST Program Page 21 of 39

4.10. Requests and Eligibility for Software Fix

A “Fix” is a software module designed to correct a single (typically) software defect. Fixes may be tested via a full
quality assurance process or be unit tested (i.e. minimally tested) to speed their delivery to customers experiencing
critical issues. Customers may request a Fix, however, the final decision with respect to the technical feasibility and
appropriateness of providing a Fix rests with AVEVA.

Fixes are subject to the following requirements;

1. A Fix must be formally requested by the customer.
2. Members of the Customer FIRST Program are eligible to request Fixes.
3. It is at the sole discretion of AVEVA to issue a Fix. Decisions will be based on feasibility, scope and complexity and
other factors.

4.11. Remote Support

AVEVA utilizes proven remote access technologies to expedite resolution of technical support issues. These
technologies are utilized with customer participation and used in a way that ensures your systems’ security. If
consistent with your security requirements, AVEVA will also use its own technology for remote access. Using remote
access technologies can dramatically improve the resolution time of your issues.

5. Warranty versus Support – What is the Difference?

5.1. Warranty
Warranty protection is defined by the consumer protection laws of many countries. In generic terms, the purpose of
a warranty is to establish:

• For a specified period of time, a Manufacturer’s obligations in the event that a product fails to materially
perform in accordance with its specifications when properly used.
Warranty protection is provided with the purchase of a product for a time period specified by the manufacturer or
seller. The cost to the manufacturer or seller for providing warranty protection is generally not visible to the
customer. Warranty duration can vary in accordance with consumer protection law in the country where a product is
sold. And, the seller or the manufacturer can dictate the extent to which warranties apply. Generally, a
manufacturer’s warranty terms will specify whether they will repair or replace a defective product.

According to the consumer protection laws of many countries, including the United States, if the seller or
manufacturer becomes involved in assisting the customer in diagnosing a malfunction, the costs of that assistance
are the purchaser’s responsibility. The manufacturer or seller is not obligated to provide telephone support free of
charge. If the manufacturer sends a service representative to the customer site, the site (i.e., the purchaser) is
responsible for the labor and travel expenses. The customer is also responsible for any shipping and handling costs
involved in returning a product to its originator for issue diagnosis, repair or replacement. Individual manufacturers
or sellers may provide more generous warranty terms, but again, in many countries, they do not have a legal
obligation to do so.

Important: AVEVA warranty coverage does not cover the labor associated with software deployments nor does it
provide access to telephone support free of charge.

To help ensure that you benefit from an optimal first year experience with your new installation, AVEVA
recommends that you supplement your warranty with enrollment in the Customer FIRST Program.
AVEVA Customer FIRST Program Page 22 of 39

5.2. Support and Service

AVEVA offers Customer FIRST support and service coverage for the entire product lifecycle, which includes the
warranty timeframe. With Customer FIRST Program coverage, access to expert technical support and comprehensive
services will help ensure successful initial operation and on-going customer satisfaction

6. Lifecycle and Support Policies

AVEVA Product Lifecycle discipline plays a strong underlying role in customer support. All products move through
lifecycle phases as they age. AVEVA customers can greatly benefit from having a clear understanding of product
lifecycle phases, which have a direct relationship to the supportability of each product.

Each AVEVA business provides consistent and predictable guidelines for product support, compatibility, availability
and repair for its customers, providing excellent visibility as to where products are in their lifecycles. AVEVA has
established clear and predictable product support timelines to enable customers to plan product upgrades in
advance of reaching obsolescence. This proactive approach provides a comprehensive view of product lifecycle
phases, phase transition timing, and available support during each phase.

Information about the products currently supported in each lifecycle phase is posted on the AVEVA support website,
and we provide periodic notification of all product transitions from one lifecycle phase to the next.

Logon to the AVEVA Knowledge and Support Center website for product lifecycle information:
https://softwaresupport.aveva.com/
AVEVA Customer FIRST Program Page 23 of 39

7. Optional Services
7.1. Optional Services for Asset Performance Software
Below is a summary of Optional Services available to include with your Customer FIRST agreement for your Asset
Performance software. Contact your salesperson for more information.
Standard Premium

Asset Performance Management Optional Services

Generally Available
Embed funds into your Customer FIRST Agreement for optimisation and consulting services to use at
Flexible Funding for Services P P your convenience during your agreement term

Upgrade and Migration Planning P P Detailed execution plan to upgrade your AVEVA software and application

Ensure the successful deployment of your software project with a dedicated technical expert to
Implementation Consultant P P oversee your implementation

Onsite technical support service to troubleshoot a Service Request (SR) related issue
Technical Support Consulting Services (Onsite or Remote) P P Utilize our experts to maintain your system, keep it running at peak levels, and implement new
functionality as required

Custom Training Services P P Prepaid training services

Leverage our Cyber Security experts to analyse your cyber security preparedness and operational
Cyber Security Services P P practices to identify areas that do not meet industry‐recognised standards

Application support and lifecycle maintenance for Advanced Solutions engineered / implemented by
Customer FIRST for Solutions P AVEVA

A team of designated, senior-level support experts to resolve technical issues and liaise between you
Technical Account Management Team P and the AVEVA Development team to ensure that your issues are receiving top priority

Augment your technical staff with a skilled AVEVA engineer resident at your plant year-round to help
Resident Engineer P you achieve your operational goals

Product Specific
Beneficiary Status to Avantis Source Code
(Avantis.PRO Enterprise Asset Management) P P Establish 3rd-party escrow for access to Avantis.PRO Enterprise Asset Management source code

Sustainability Assessment A comprehensive review of Avantis.PRO Enterprise Asset Management business processes, system
(Avantis.PRO Enterprise Asset Management) P P setup, interfaces/customizations and technical infrastructure

Migration Assessment (from Avantis.XA to Avantis.Pro) Understand the impact of and opportunities expected from an Avantis.XA to
(Avantis.PRO Enterprise Asset Management) P P Avantis.PRO Enterprise Asset Management migration

3rd Party Software Support

(Avantis.PRO Enterprise Asset Management) P P AVEVA acts as a single point of contact for specified non-AVEVA software

After-hours Support Access for Upgrade and Migration Implementation Tap into expert technical resources round-the-clock during the pivotal upgrade
(Avantis.PRO Enterprise Asset Management) P P process

Analytical Monitoring Services Online monitoring and predictive analytics, without the overhead of having to manage the software
(PRiSM Predictive Asset Analytics) P P or modeling

Model Development Services A customized modeling solution for your equipment; a requisite to initiate/maintain solid predictive
(PRiSM Predictive Asset Analytics) P P analytics

Post Implementation Study Report comparing realized vs. anticipated project benefits and identifying any implementation gaps
(IntelaTrac Mobile Operator Rounds) P and opportunities to improve
AVEVA Customer FIRST Program Page 24 of 39

7.2. Optional Services for Engineer, Procure and Construct Software

Below is a summary of Optional Services available to include with your Customer FIRST agreement for your Engineer,
Procure and Construct software. Contact your salesperson for more information.
Standard Premium

Engineer, Procure, Construct Optional Services

Generally Available

Embed funds into your Customer FIRST Agreement for optimisation and consulting services to use at
Flexible Funding for Services P P your convenience during your agreement term

Upgrade and Migration Planning P P Detailed execution plan to upgrade your AVEVA software and application

Ensure the successful deployment of your software project with a dedicated technical expert to
Implementation Consultant P P oversee your implementation

Onsite technical support service to troubleshoot a Service Request (SR) related issue
Technical Support Consulting Services (Onsite or Remote) P P Utilize our experts to maintain your system, keep it running at peak levels, and implement new
functionality as required

Custom Training Services P P Prepaid training services

Leverage our Cyber Security experts to analyse your cyber security preparedness and operational
Cyber Security Services P P practices to identify areas that do not meet industry‐recognised standards

Application support and lifecycle maintenance for Advanced Solutions engineered / implemented by
Customer FIRST for Solutions P AVEVA

A team of designated, senior-level support experts to resolve technical issues and liaise between you
Technical Account Management Team P and the AVEVA Development team to ensure that your issues are receiving top priority

Augment your technical staff with a skilled AVEVA engineer resident at your plant year-round to help
Resident Engineer P you achieve your operational goals

Product Specific
Token Usage Report
(HEXTRAN Heat Exchanger Design, INPLANT Fluid Flow Design, PIPEPHASE P P Systematically track and manage your software and licenses
Pipeline Network Design, PRO/II Process Engineering, SIM4ME)
Engineering Consultancy
(HEXTRAN Heat Exchanger Design, INPLANT Fluid Flow Design, PIPEPHASE P P Modeling and project work to help you get the most out of your implementation
Pipeline Network Design, PRO/II Process Engineering, SIM4ME)
Enhancement and Roadmap Priority
You need a new feature and you need it sooner than listed in the roadmap. Prioritize enhancement
(HEXTRAN Heat Exchanger Design, INPLANT Fluid Flow Design, PIPEPHASE P development so you can stay ahead.
Pipeline Network Design, PRO/II Process Engineering, SIM4ME)
Application Clone (Remote, Hosted) A virtualised replica of your AVEVA software application, used by AVEVA for testing, issue replication
(DYNSIM Dynamic Simulation, Operator Training Simulators) P P and advanced troubleshooting

System Performance Health Check

(DYNSIM Dynamic Simulation, Operator Training Simulators) P P Certify your system is performing at peak levels

Post Implementation System Tuning

(DYNSIM Dynamic Simulation, Operator Training Simulators) P P Enhance your solution performance and ensure alignment with your current plant design

Remote Access
(DYNSIM Dynamic Simulation, Operator Training Simulators) P P Secure dedicated connection to your simulation installation for effective and timely support
AVEVA Customer FIRST Program Page 25 of 39

7.3. Optional Services for Operate and Optimize Software

Below is a summary of Optional Services available to include with your Customer FIRST agreement for your Operate
and Optimize software. Contact your salesperson for more information.
Standard Premium Elite

Operate and Optimize Optional Services

Generally Available
Embed funds into your Customer FIRST Agreement for optimisation and consulting services to use at your
Flexible Funding for Services P P P convenience during your agreement term

Upgrade and Migration Planning P P P Detailed execution plan to upgrade your AVEVA software and application

Ensure the successful deployment of your software project with a dedicated technical expert to oversee
Implementation Consultant P P P your implementation
Onsite technical support service to troubleshoot a Service Request (SR) related issue
Technical Support Consulting Services (Onsite or Remote) P P P Utilize our experts to maintain your system, keep it running at peak levels, and implement new
functionality as required

Custom Training Services P P P Prepaid training services

Leverage our Cyber Security experts to analyse your cyber security preparedness and operational
Cyber Security Services P P P practices to identify areas that do not meet industry‐recognised standards

Customer FIRST for Solutions P P Application support and lifecycle maintenance for Advanced Solutions engineered / implemented by AVEVA

A team of designated, senior-level support experts to resolve technical issues and liaise between you and
Technical Account Management Team P P the AVEVA Development team to ensure that your issues are receiving top priority

Augment your technical staff with a skilled AVEVA engineer resident at your plant year-round to help you
Resident Engineer P P achieve your operational goals

Product Specific
Services Evaluation Workshop: Mid-Complexity Refining Unit Understand the current state of your system and receive a prioritized list of recommendations for
(ROMeO Process Optimization) P P P improving performance

Online Modeling Solution Support: Bundled Engineering Hours

(ROMeO Process Optimization) P P P Simplify the process of making improvements to your online modeling applications

Proxy for Remote Access

(ROMeO Process Optimization) P P P Secure dedicated connection to your online system for effective and timely support

Performance Check of SimSci Refinery Reactor Model: FCC

(ROMeO Process Optimization) P P P “Preventive Maintenance” of the refinery reactor model

AVEVA System Monitor AVEVA Support application that helps you proactively monitor your systems (software, application and
(Wonderware) P P Included computers) and receive notifications of system health issues

Annual System Health Review with AVEVA System Monitor Leverage AVEVA experts to baseline your system and maintain peak performance by utilising Sentinel
(Wonderware) P P System Monitor

AVEVA System Monitoring Services

(Wonderware) P P AVEVA Support will receive, triage and coordinate resolution of Sentinel System Monitor alerts

Application Gap Analysis/Co-Engineering Services AVEVA's easy to access sole source engineering program for customers for FEED studies, add on
(Integrity Operations, Pipeline Trainer i.e. formerly SimSuite) P P P enhancments and technology adoption/evaluation
AVEVA Customer FIRST Program Page 26 of 39

7.4. Optional Services and Success Accelerators for Monitor and 8

Control Software
AVEVA is continually developing and expanding a range of optional services and success accelerators to help you
throughout the lifecycle stages of your Monitor and Control software application.

• Plan & Implement: Engineer best practices and application architecture and improve time to value

• Operate: Effectively run your software with expert training and drive increased engagement and adoption

• Maintain: Efficiently maintain your software, including updates, patches, and license management

• Optimize: Improve software performance and reliability and drive changes to address new market requirements

• Evolve: Drive innovation through the deployment of major version upgrades, adopt new technology, and
futureproof your application
Below is a summary of offerings available individually or on top of your Customer FIRST agreement.

Monitor and Control Optional Services

Primary* Standard Premium Elite Descriptions
& Success Accelerators

Baseline and improve your AVEVA applications and system hardware, keep your
Annua l Sys tem Hea l th Revi ew P P operations running smoothly, and increase your return on investment.

Baseline and improve your Wonderware applications and system hardware and
Annua l Sys tem Hea l th Revi ew wi th AVEVA Sys tem Moni tor P P keep your operations running smoothly, and increase your return on investment.

An AVEVA technical expert is on-call outside of local business hours to quickly

Go Li ve Sta ndby (After Hours ) P P respond to any issue you might have as you put a new or upgraded system into
production.

An AVEVA technical expert is on-call during local business hours to quickly

Go Li ve Sta ndby (Loca l Bus i nes s Hours ) P P respond to any issue you might have as you put a new or upgraded system into
production.​

The service provides you with guidance and support from an AVEVA technical
Hotfi x Appl i ca ti on a nd Support P P expert to direct the application of a hotfix to your production system.​

Let an AVEVA technical expert provide guidance and support to direct the
Hotfi x Bundl e Appl i ca ti on a nd Support P P application of multiple hotfixes to your production system.​

An AVEVA technical expert assists with planning and a comprehensive Change

Management Checklist in preparation for deployment of a hotfix update to your
Hotfix Planning (OASyS SCADA) P P test and development system. The checklist includes steps to deploy to your
production environment.

Ensure the successful deployment of your software project with a dedicated

Implementation Consulting P P technical expert to oversee your implementation

8 AVEVA will be expanding the availability of our Success Accelerators to our other portfolio segments over time.
AVEVA Customer FIRST Program Page 27 of 39

Optional Services and Success Accelerators for Monitor and Control software (continued)
Monitor and Control Optional Services
Primary* Standard Premium Elite Descriptions
& Success Accelerators

Industrial Control System (ICS) Incident Response and During a security incident, you need expert investigative support and direction
Containment P P and remediation roadmaps to ensure the incident comes to a timely close.

Industrial Control System (ICS) Security And Risk Renowned experts will help identify the highest priority security concerns and
Assessments P P recommendations for your control system environment.​

For Premium and Elite Customer FIRST members, we will mobilize a technical
On-Site Corrective Assistance (Critical) P P expert to your facility within a defined response time, to resolve your critical
issue(s). Deploying an expert is typically a billable activity.

Let an on-site technical expert help resolve issues with your AVEVA solution that
On-Site Corrective Assistance (Non-Critical) P P may have been introduced over time, essentially restoring optimal performance
to your system.

An AVEVA technical expert assists with planning and a comprehensive Change

Management Checklist in preparation for deployment of a patch and/or service
Patch and Service Pack (OASyS SCADA) P P pack to your test and development system. The checklist includes steps to deploy
to your production environment.

This offering provides planning and a comprehensive Change Management

Checklist by an AVEVA technical expert in preparation for deployment of a patch
Patch Planning (Citect SCADA) P P to your test and development system. The checklist includes steps to rollout to a
production environment.

Let AVEVA install AVEVA System Monitor for you to continuously monitor your
AVEVA System Monitor Installation Service P P Wonderware applications and system hardware for top performance.​

Get a turn-key Software Asset Manager installation, an inventory of your

Software Asset Manager: Install, License & Software
Inventory with Training (Wonderware) P P installed Wonderware licenses and software, and the technical expertise needed
to understand and manage your Wonderware software environment.​

Get a turn-key installation of Software Asset Manager, a software inventory

Software Asset Manager: Installation, Software Inventory
& Migration Planning P P report, and technical expertise to understand your current Wonderware, Citect
and/or Ampla software environment and available migration options.​

An AVEVA expert provides strategy, guidance, and technical support to upgrade

Version Upgrade and Migration Assistance P P and/or migrate your installed Wonderware or Citect SCADA software and related
software and hardware in your production environment.​

Embed funds into your Customer FIRST Agreement for optimisation and
Flexible Funding for Services P P P P consulting services to use at your convenience during your agreement term

A team of designated, senior-level support experts to resolve technical issues

Technical Account Management Team P P and liaise between you and the AVEVA Development team to ensure that your
issues are receiving top priority

Augment your technical staff with a skilled AVEVA engineer resident at your
Resident Engineer P P plant year-round to help you achieve your operational goals

Application support and lifecycle maintenance for Advanced Solutions

Customer FIRST for Solutions P P engineered / implemented by AVEVA

Custom Training Services P P P Prepaid training services

AVEVA Support application that helps you proactively monitor your systems
AVEVA System Monitor
(Wonderware) P Included (software, application and computers) and receive notifications of system
health issues
AVEVA Customer FIRST Program Page 28 of 39

8. Commerical Terms and Conditions

8.1. AVEVA Customer FIRST Program Terms and Conditions
8.1.1. AVEVA GENERAL TERMS AND CONDITIONS

1. STRUCTURE AND ORDER OF PRIORITY. ensure that AVEVA receives a net amount equal to the amount that
1.1. Structure of the Agreement. The Agreement consists of the it would have received had no taxes been withheld and (ii) Customer
following: (a) these GTCs and the attached Exhibit A (Definitions); (b) shall provide proof of such withholding to AVEVA.
any Transaction Documents executed by the Parties and entered into 3.4. Non-Refundable Fees. Customer acknowledges and agrees
in accordance with these GTCs; and (c) any Addendum (or multiple that orders placed by Customer for Products and Services will be non-
Addenda) that are specified as being applicable in a Transaction cancellable and the fees paid are non-refundable unless otherwise
Document, which Addendum (or multiple Addenda) are incorporated expressly stated in the Agreement.
into these GTCs by reference; and (d) any applicable Schedules
incorporated into a Transaction Document. 4. INTELLECTUAL PROPERTY RIGHTS.
1.2. Order of Priority. In the event of a conflict between 4.1. AVEVA Ownership. All Intellectual Property Rights in and
provisions in any documents relating to the Agreement, the to the Products, Services, design contributions, related knowledge or
documents shall be given precedence in the following order: (a) proceses, and any update, upgrade, modification, enhancement or
Transaction Document; (b) Schedule (except for express deviations derivative works of the foregoing, regardless whether or not solely
from the Transaction Document which are identified in the created by AVEVA or jointly with the Customer, shall belong to, and
Schedule); (c) applicable Addendum; and (d) GTCs. vest in, AVEVA or, as applicable, its licensors. All rights not expressly
1.3. References. Except where otherwise specified, all dollar granted to Customer are reserved to AVEVA or, as applicable, its
amounts are expressed in United States dollars (US$). licensors.
4.2. Rights to Customer Content. Customer retains all right,
2. USE OF PRODUCTS. title, and interest in and to the Customer Content. During the Term,
2.1. Right to Use. In accordance with the terms of the Customer hereby grants to AVEVA and its Affiliates a global, royalty-
Agreement, AVEVA will deliver and make the Products listed in the free, irrevocable, sub-licensable, non-exclusive license to use, copy,
Transaction Document available to Customer. Customer has the right distribute, modify, display, and perform the Customer Content as
to use the Products as set forth in the Transaction Document, necessary for AVEVA to perform its obligations under the Agreement.
Addendum, and Schedule, as applicable. 4.3. Non-Assertion of Rights. Customer covenants, on behalf of
2.2. Transaction Documents. Customer may purchase Products itself and its successors and assigns, not to assert against AVEVA, its
and Services from time to time by entering into Transaction Affiliates or licensors, any rights, or any claims of any rights, in any
Documents. Each Transaction Document will refer to these GTCs, the Products, Documentation, or Services, and Customer hereby
applicable Addendum, and any applicable Schedule. Depending on voluntarily waives any right to demand from AVEVA, its Affiliates or
which Products or Services that Customer purchases in the licensors any rights to any Products, Documentation, or Services,
Transaction Documents, Customer may be subject to additional except the rights which are expressly granted to Customer under the
terms included in the Addenda, which are hereby incorporated into Agreement.
and made a part of these GTCs. Customer shall comply with any of 4.4. Suggestions and Residual Knowledge. AVEVA shall have all
the applicable Addenda, as indicated on the relevant Transaction right, title and interest, including, without limitation, all Intellectual
Document. Property Rights, in and to, and the unrestricted royalty-free right to
use and incorporate into the Products and Services, any suggestions,
3. PAYMENTS AND INVOICING. enhancement requests, recommendations or other feedback
3.1. Invoicing. In accordance with the invoicing schedule set provided by Customer, relating to the Products or Services.
forth in the applicable Transaction Document, AVEVA shall provide Furthermore, Customer acknowledges and agrees that AVEVA is free
Customer with an invoice specifying the fees for each of the Products to use its general knowledge, skills and experience, and any ideas,
and Services provided pursuant to the applicable Transaction concepts, know-how and techniques, related to or derived from the
Document. performance of the Agreement (including any Products or Services).
3.2. Payment. Unless otherwise agreed in the applicable
Transaction Document, Customer shall pay all fees specified in the 5. CONFIDENTIALITY.
applicable invoice for a Product and Service within thirty (30) days 5.1. Confidential Information. From time to time, either Party
from the invoice date. Customer shall pay a late charge of 1.5% per (the “Disclosing Party”) may disclose or make available to the other
month on all payments that are not paid when due. Party (the “Receiving Party”), whether orally or in physical form,
3.3. Taxes. Fees and other charges described in the Agreement confidential or proprietary information of or in the possession of the
do not include taxes. Customer will pay any sales, value-added or Disclosing Party (including confidential or proprietary information of
other similar taxes imposed by applicable law based on the Products a third party that is in the possession of the Disclosing Party) in
and Services that Customer ordered, except for taxes based on connection with the Agreement. The term “Confidential
AVEVA’s income. If AVEVA is required to pay taxes (other than taxes Information” means any and all information in any form that
based on AVEVA’s income), Customer shall reimburse AVEVA for such Disclosing Party provides to Receiving Party in the course of the
amounts. If Customer is required by law to make any tax withholding Agreement and that either (i) has been marked as confidential; or (ii)
from amounts paid or payable to AVEVA under the Agreement, (i) the is of such nature that a reasonable person would consider
amount paid or payable shall be increased to the extent necessary to confidential under like circumstances. For the avoidance of doubt,
AVEVA Customer FIRST Program Page 29 of 39

Confidential Information includes any Products and Services and any will not include the actual underlying Confidential Information of
information pertaining to such Products and Services (including, but Customer).
not limited to, any user manuals, mathematical techniques, 5.3. Press Releases and Client List Reference. Neither Party shall
correlations, concepts, designs, specifications, listings, and other issue any press release concerning the other Party’s work without the
Documentation, whether or not embedded on a device or another other Party’s consent. Notwithstanding the foregoing, AVEVA may
form of media). Notwithstanding the foregoing, Confidential identify Customer as a client of AVEVA and use Customer’s name and
Information shall not include any information, however designated, logo and release an announcement regarding the award of the
which the Receiving Party can show (a) is or has become generally Agreement and AVEVA is hereby granted a license for the term of the
available to the public without breach of the Agreement by the Agreement to use Customer’s name and logo for this purpose from
Receiving Party, (b) became known to the Receiving Party prior to time to time as needed. AVEVA may generally describe the nature of
disclosure to the Receiving Party by the Disclosing Party, (c) was the work in AVEVA’s promotional materials, presentations, case
received from a third party without breach of any nondisclosure studies, qualification statements, and proposals to current and
obligations to the Disclosing Party or otherwise in violation of the prospective clients.
Disclosing Party’s rights, or (d) was developed by the Receiving Party
independently of any Confidential Information received from the 6. DATA PROTECTION.
Disclosing Party. 6.1. Customer Content. Customer is responsible for the
5.2. Confidentiality Obligations. Each Party or third party whose Customer Content and entering it into the Products. Customer has
Confidential Information has been disclosed retains ownership of its sole responsibility for the accuracy, quality, integrity, legality,
Confidential Information. Each Party agrees to (i) protect the reliability, and appropriateness of Customer Content, and for
Confidential Information received from the Disclosing Party in the obtaining all rights related to Customer Content required in
same manner as it protects the confidentiality of its own proprietary connection with the performance, receipt or use of the Products (or
and confidential materials but in no event with less than reasonable Services). Customer will collect and maintain all personal data
care; and (ii) use the Confidential Information received from the contained in the Customer Content in compliance with applicable
Disclosing Party solely for the purpose of the Agreement. Upon data privacy and protection laws and the GDPR and Data Processing
termination of the Agreement or upon written request submitted by Addendum (if applicable).
the Disclosing Party, whichever comes first, the Receiving Party shall 6.2. Security. Customer will maintain reasonable security
return or destroy, at the Disclosing Party’s choice, all of the Disclosing standards for the use of the Products by users. Customer is solely
Party’s Confidential Information. Notwithstanding the foregoing, responsible for determining the suitability of the Products for
AVEVA shall not be required to return or destroy any such Customer’s business processes and for complying with all applicable
Confidential Information if such return or destruction is legal requirements regarding Customer Content and its use of the
impracticable or technically infeasible. Except with respect to its Products. Customer will provide reasonable assistance required in
Affiliates, employees, contractors, or agents who need to know connection with the provision of the Products and the support by
Confidential Information in order to support the performance of such AVEVA. Customer acknowledges and agrees that Customer’s
Party’s obligations related to the Agreement, and who are reasonable assistance is a necessary precondition for AVEVA’s
contractually bound by confidentiality obligations that are at least as correct performance of its obligations under the Agreement.
protective as those contained in the Agreement, neither Party shall, Customer bears all consequences and costs resulting from breach of
disclose to any person any Confidential Information received from its duties.
the Disclosing Party without the Disclosing Party’s prior written
consent. The Receiving Party will be responsible for any breach of this 7. DISCLAIMER OF WARRANTIES.
Section 5 (Confidentiality) by its Affiliates, employees, contractors, EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET
and agents and any third party to whom it discloses Confidential FORTH IN THE AGREEMENT (INCLUDING ANY APPLICABLE
Information in accordance with this Section 5 (Confidentiality). For SCHEDULES), AVEVA AND ITS LICENSORS DISCLAIM ALL OTHER
Confidential Information that does not constitute a “trade secret” WARRANTIES, REPRESENTATIONS, OR STATEMENTS, WHETHER
under applicable law, these confidentiality obligations will expire EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT
three (3) years after the termination or expiration of the Agreement. LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
For Confidential Information that constitutes a “trade secret” under FITNESS FOR A PARTICULAR PURPOSE EXCEPT TO THE EXTENT THAT
applicable law, these confidentiality obligations will continue until ANY WARRANTIES IMPLIED BY LAW CANNOT BE VALIDLY WAIVED.
such information ceases to constitute a “trade secret” under such NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AVEVA,
applicable law. However, the Receiving Party may disclose ITS DEALERS, DISTRIBUTORS OR AGENTS OR EMPLOYEES SHALL
Confidential Information pursuant to an order of a court or CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE
governmental agency, provided, that, if permitted by applicable law, WARRANTIES SET FORTH IN THE AGREEMENT AND CUSTOMER MAY
the Receiving Party shall first notify the Disclosing Party of such order NOT RELY ON ANY SUCH INFORMATION OR ADVICE. AVEVA DOES
and afford the Disclosing Party the opportunity to seek a protective NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL MEET
order relating to such disclosure. Notwithstanding anything to the CUSTOMER’S REQUIREMENTS, THAT THE PRODUCTS OR SERVICES
contrary contained in this Agreement, Customer authorizes AVEVA to WILL OPERATE IN COMBINATIONS OTHER THAN AS SPECIFIED IN
collect, use, disclose, and modify in perpetuity information or data AVEVA’S DOCUMENTATION (AS APPLICABLE), THAT THE OPERATION
(including, but not limited to, general usage information and OF THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR
measurements) that is provided by Customer in connection with the ERROR-FREE OR THAT THE PRODUCTS OR SERVICES WILL PROTECT
use or receipt of the Products or Services (or generated or created in AGAINST ALL POSSIBLE SECURITY THREATS, INTERNET THREATS OR
the course of AVEVA providing the Products or Services) for the OTHER THREATS OR INTERRUPTIONS. THE PRODUCTS AND SERVICES
purposes of developing, improving, optimizing, and delivering ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY
Products or Services; provided, however, that any disclosure of such BE SUBJECT TO TRANSMISSION ERRORS, DELIVERY FAILURES, DELAYS
data shall only include information or data that AVEVA develops or AND OTHER LIMITATIONS INHERENT IN THE USE OF THE INTERNET
derives from such collected data or information (but such disclosure AND ELECTRONIC COMMUNICATIONS.
AVEVA Customer FIRST Program Page 30 of 39

written notice to the other and Customer shall immediately cease

8. LIMITATION OF LIABILITY using or shall return the infringing Product. The provisions of this
8.1. CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL AVEVA Section 9.2 state the sole, exclusive, and entire liability of AVEVA to
BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, Customer, and is Customer’s sole remedy, with respect to third-party
EXEMPLARY, SPECIAL, PUNITIVE OR SIMILAR DAMAGES OR (B) LOSS claims covered by Section 9.1.
OF BUSINESS, PROFITS, OR REVENUE, LOSS, CORRUPTION OR 9.3. Indemnification by Customer. Customer shall defend,
DESTRUCTION OF DATA, BUSINESS INTERRUPTION, OR DOWNTIME, indemnify, and hold harmless AVEVA and its Affiliates (and each of
IN EACH CASE ARISING OUT OF OR RELATED TO THE AGREEMENT, their licensors), and each of their respective officers, directors,
REGARDLESS OF THE CAUSE OF ACTION OR BASIS OF LIABILITY contractors, agents, and employees (“AVEVA Indemnitees”) ]against
(WHETHER IN CONTRACT, TORT, INDEMNITY, OR OTHERWISE), AND claims brought against AVEVA Indemnitees by any third party arising
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. from or related to: (a) any use of the Products or Services by
8.2. Damages Cap. The aggregate liability of AVEVA to Customer Customer in violation of the Agreement or any applicable law or
for any loss or damage arising under or in relation to the Agreement, regulation; (b) any Customer Content; and (c) an allegation that any
regardless of the basis of liability (whether arising out of liability material provided by Customer violates, infringes, or
under breach of contract (including under any indemnity), tort misappropriates the Intellectual Property Rights of a third party. The
(including but not limited to negligence), misrepresentation, breach foregoing shall apply regardless of whether such damage is caused by
of statutory duty, breach of warranty or claims by third parties arising the conduct of Customer and/or its named users or by the conduct
from any breach of the Agreement) shall not exceed the fees paid by of a third party using Customer’s access credentials.
Customer pursuant to the applicable Transaction Document for the 9.4. Indemnification Requirements. The indemnification
specific Product or Service giving rise to such liability in the twelve obligations under this Section 9 are conditioned on: (a) the Party
(12) month period preceding the date of the incident giving rise to against whom a third-party claim is brought timely notifying the
the claim. The provisions of this Section 8 allocate the risks between other Party in writing of any such claim, provided however that a
AVEVA and Customer, and AVEVA’s pricing reflects this allocation of Party’s failure to provide or delay in providing such notice shall not
risk and the limitation of liability specified herein. Notwithstanding relieve a Party of its obligations under this Section 9 except to the
the foregoing, the limitations on amounts of damages set forth in this extent such failure or delay prejudices the defense; (b) the Party who
Section 8.2 shall not apply to AVEVA’s intentional misconduct, fraud, is obligated to defend a claim having the right to fully control the
or fraudulent misrepresentation, or to the extent prohibited by defense of such claim; (c) the Party against whom a third-party claim
applicable law. is brought reasonably cooperating in the defense of such claim; and
(d) Customer complying with AVEVA’s direction to cease any use of
9. INDEMNIFICATION. the Products which in AVEVA’s reasonable opinion, is likely to
9.1. Indemnification by AVEVA. AVEVA shall defend, indemnify, constitute an infringement or misappropriation. Any settlement of
and hold harmless Customer against claims brought against any claim shall not include a financial or specific performance
Customer by any third party alleging that Customer’s use of the obligation on or admission of liability by the Party against whom the
Products in accordance with the terms and conditions of the claim is brought, provided however that AVEVA may settle any claim
Agreement, constitutes an infringement of a patent or copyright, or on a basis requiring AVEVA to substitute for the Products any
misappropriation of a trade secret of a third party AVEVA will pay alternative substantially equivalent non-infringing products. AVEVA
damages finally awarded to the third party (or the amount of any shall not be responsible for any settlement made without its consent.
settlement AVEVA enters into) with respect to such claims. This The Party against whom a third-party claim is brought may appear,
obligation of AVEVA shall not apply if the alleged infringement or at its own expense, through counsel reasonably acceptable to the
misappropriation results from: (a) use of the Products in conjunction Party obligated to defend claims. Neither Party shall undertake any
or combination with any other software, services, or any product, action in response to any infringement or misappropriation, or
data, item, or apparatus that AVEVA did not provide to Customer alleged infringement or misappropriation that is prejudicial to the
(including any Third-Party Services or Third-Party Products); (b) other Party’s rights.
anything Customer provides or designs including configurations,
instructions, or specifications (including any Products that were 10. TERM AND TERMINATION.
provided pursuant to Customer’s designs, drawings, or 10.1. Term of GTCs. The initial term of these GTCs begins on the
specifications); (c) a modification of a Product other than with Effective Date and shall continue thereafter for five (5) years unless
AVEVA’s prior written consent; (d) Customer’s failure to use the terminated earlier by a Party pursuant to these GTCs (including, but
latest release or version of a Product (including any corrections or not limited to, this Section 10 (Term and Termination)) (the “Initial
enhancements) where such use would have prevented the Term”). The GTCs will auto-renew for one (1) year periods following
infringement or misappropriation claim; or (e) any use, storage, the Initial Term (each, a “Renewal Term”) until either Party provides
distribution, reproduction, or maintenance not permitted by the notice of intention to not renew sixty (60) days before the end of the
Agreement. If AVEVA believes, in its reasonable opinion, that a claim then current Initial Term or Renewal Term. The Initial Term and each
under this Section 9.1 could or is likely to be made, AVEVA may cease Renewal Term shall collectively be referred to as the “Term”.
to offer or deliver such Products without being in breach of the 10.2. Transaction Document Term. The initial term of each
Agreement. Transaction Document shall commence on the effective date
9.2. Infringement Remedies. In the event a claim under Section specified in the Transaction Document (the “TD Effective Date”) and
9.1 is made and such Product is held to infringe a third-party’s patent continue thereafter until: (a) the end of the term of the Transaction
or copyright, or misappropriate a trade secret, then AVEVA may, at Document as specified in the Transaction Document; (b) if specified
its sole option and expense: (a) procure for Customer the right to in the Transaction Document, delivery of the Products or completion
continue using the Product under the terms of the Agreement or (b) of the Services in accordance with the Transaction Document; or (c)
replace or modify the Product to be non-infringing without a material earlier termination by either Party in accordance with this Section 10
decrease in functionality. If these options are not reasonably (Term and Termination) (the “TD Term”).
available, AVEVA or Customer may terminate the Agreement upon
AVEVA Customer FIRST Program Page 31 of 39

10.3. Termination for Material Breach. Either Party may their reasonable control, (“Force Majeure”), provided that notice
terminate these GTCs or a Transaction Document for cause if the thereof is given to the other Party as soon as practicable. All such
other Party commits a material breach of the GTCs or Transaction Force Majeure conditions preventing performance shall entitle the
Document (including, without limitation, a delay in Customer’s Party hindered in the performance of its obligations under the
payment of any money due under these GTCs or any Transaction Agreement to an extension of the date of delivery of the Products or
Document) and fails to cure such breach within thirty (30) days (or completion of the Services by a period of time equal to the period of
with respect to Customer’s payment failure, within ten (10) days) of delay incurred as a result of the Force Majeure or to any other period
receipt of a notice of default from the non-defaulting Party. as the Parties may agree in writing.
10.4. Termination for Financial Deterioration. Either Party may 14.4. Waiver. The waiver (whether express or implied) by either
terminate these GTCs or a Transaction Document immediately if the Party of a breach or default of any of the provisions of the Agreement
other Party files for bankruptcy, ceases or threatens to cease carrying (including any Transaction Document) by the other Party shall not be
on business, becomes insolvent, or makes an appointment, construed as a waiver of any succeeding breach of the same or other
assignment or novation for the benefit of creditors. provisions nor shall any delay or omission on the part of either Party
10.5. Effect of Termination. If these GTCs are terminated prior to to exercise or avail itself of any right power or privilege that it has or
the completion of one (1) or more Transaction Documents, then the may have hereunder operate as a waiver of any breach or default by
Transaction Documents that are not terminated shall continue to be the other Party.
governed by the GTCs for the remainder of the applicable TD Term. 14.5. Notices. All notices and other communications required or
permitted under the Agreement will be in writing and delivered by
11. INSURANCE. confirmed transmission, by courier or overnight delivery service with
For as long as any Transaction Document remains in effect, AVEVA written verification of receipt, or by registered or certified mail,
will maintain, at its sole cost and expense, comprehensive general return receipt requested, postage prepaid, and in each instance, will
liability and property damage insurance in an amount not less than be deemed given upon receipt. All such notices, approvals, consents
$1 million in the aggregate. Additionally, AVEVA will maintain, at its and other communications will be sent to the addresses set forth on
sole cost and expense, workers’ compensation insurance in the cover page to these GTCs or to such other address as may be
accordance with statutory requirements. specified in writing by either Party to the other in accordance with
this Section 14.5.
12. THIRD-PARTY PRODUCTS AND SERVICES. 14.6. Invalidity and Severability. If any provision of the
12.1. Third-Party Services. The Services may include integrations Agreement (including any Transaction Document) shall be found by
with Third-Party Services on external websites that are accessed any court to be invalid or unenforceable, the invalidity or
through the Products or Services. These Third-Party Services are not unenforceability of such provision shall not affect the other
part of the Products or Services and the Agreement does not apply provisions of the Agreement and all provisions not affected by such
to them. Customer may be subject to terms and conditions with invalidity or unenforceability shall remain in full force and effect. The
those third parties. Parties hereby agree to attempt to substitute for any invalid or
12.2. Third-Party Products. Unless otherwise agreed in writing by unenforceable provision a valid or enforceable provision which
AVEVA, if Third-Party Products are supplied by AVEVA to Customer, achieves to the greatest extent possible the economic, legal and
such Third-Party Products are provided on a “pass-through” basis commercial objectives of the invalid or unenforceable provision.
only and are subject to the terms and conditions of the third-party 14.7. Negotiated Terms. The Parties agree that the terms and
vendor, including but not limited to warranties, licenses, indemnities, conditions of the Agreement are the result of negotiations between
limitation of liability, prices and changes thereto. the Parties and that the Agreement shall not be construed in favor of
or against either Party by reason of the extent to which such Party or
13. TRAINING its professional advisors participated in the preparation of the
AVEVA provides its standard training for Products and Services by Agreement.
telephone, fax, or email consultation. Any fees required for such 14.8. Survival of Provisions. The provisions of the Agreement
training will be set forth in the applicable Transaction Document. that by their nature survive expiration or termination of the
Agreement will survive expiration or termination of the Agreement,
14. MISCELLANEOUS. including, but not limited to, the following Sections of these GTCs: 3
14.1. Assignment. The Agreement shall extend to and be binding (Payments and Invoicing), 4 (Intellectual Property Rights), 5
upon the Parties to the Agreement, their successors, and assigns, (Confidentiality), 7 (Disclaimer of Warranties), 8 (Limitation of
provided, however, that neither Party shall assign or transfer the Liability), 9.3 (Indemnification by Customer), 10 (Term and
Agreement without the other Party’s prior written consent, which Termination), 12 (Third-Party Products and Services), 14
shall not be unreasonably withheld, delayed or conditioned. (Miscellaneous), and Exhibit A (Definitions).
Notwithstanding the foregoing limitation, AVEVA may assign or 14.9. Governing Law and Jurisdiction. The validity of the
transfer the Agreement, in whole or in part, without obtaining the Agreement and the rights, obligations and relations of the Parties
consent of Customer, to a parent company or subsidiary or in under the Agreement and in any dispute between them will be
connection with the transfer or sale of its entire business or sale of construed and determined under and in accordance with the
all or substantially all of its assets, or in the event of a merger, substantive laws of the State of Texas, without regard to such state’s
divestiture, internal reorganization or consolidation with another principles of conflicts of law. If a court must enter or enforce an
company. arbitration award, if a party applies solely for preliminary or
14.2. Independent Contractor. AVEVA is an independent injunctive relief, or if the binding arbitration provision set forth in
contractor, and each Party agrees that no partnership, joint venture, Section 14.12 (Binding Arbitration) is deemed invalid or ineffective,
agency, fiduciary, or employment relationship exists between the then each Party irrevocably agrees to submit to the exclusive
Parties. jurisdiction of (and waives any objection to the venue of) the federal
14.3. Force Majeure. Except for Customer’s payment obligations, or state courts located in Harris County, Texas to enter or enforce
neither Party shall be liable for delays caused by conditions beyond such award, to determine such preliminary or injunctive relief, or to
AVEVA Customer FIRST Program Page 32 of 39

determine such claim or matter arising out of or in connection with performance or failure to perform of any obligation under the
this Agreement, as applicable. To the extent otherwise applicable, Agreement.
the Parties hereto agree that the United Nations Convention on the 14.14. Waiver of Right to Class Action. Each Party waives, to the
International Sale of Goods will not apply to this Agreement. fullest extent permitted by applicable law, any right it may have to
14.10. Export Restrictions. Customer agrees to comply fully with participate in a class action in respect of any proceedings relating to
all applicable international and national export laws, regulations, the Agreement or any performance or failure to perform of any
orders, decrees, and lists (collectively, “Export Control Laws”), obligation under the Agreement. Each Party may only bring a claim
including, but not limited to, the U.S. Export Administration against the other in an individual capacity and not as a plaintiff or
Regulations, the Office of Foreign Asset Control Regulations, and the class member in any purported class or representative proceeding.
EU Dual-Use Regulation 428/2009 (each as amended, updated, 14.15. Ethical Trading Policy. Customer shall comply with AVEVA’s
supplemented, or otherwise modified from time to time), as well as then-current ethical trading policy located at
all applicable end-use and destination restrictions issued by the U.S., www.aveva.com/policies/ethical/en, which shall be incorporated
foreign governments, and supranational bodies to assure that no herein by reference.
Product, Service, Third-Party Products, or Third-Party Services (or any 14.16. Third-Party Beneficiary. Except as expressly set forth in the
product thereof) are (i) exported, directly or indirectly, in violation of Agreement, the Parties do not intend to create rights for any person
any Export Control Laws or (ii) is intended to be used for any purpose as a third-party beneficiary of the Agreement.
prohibited by Export Control Laws. For the avoidance of doubt, 14.17. Entire Agreement; Amendments; Execution. The
Customer agrees that no data, information, or materials resulting Agreement constitutes the entire agreement between the Parties
from any Product, Service, Third-Party Product, or Third-Party relating to its subject matter and supersedes all prior or
Services will be exported, directly or indirectly, in violation of any contemporaneous representations, understandings or agreements
applicable Export Control Laws. whether written or oral, relating to its subject matter. The
14.11. Sanctions. Customer will comply with all UN, EU, US, UK Agreement will prevail over any additional, conflicting, or
and any other applicable jurisdiction's trade and economic sanctions inconsistent terms and conditions that may be contained in any
laws, regulations, embargoes or similar restrictive measures purchase order or other document furnished by Customer to AVEVA.
(“Sanctions Laws”). Customer will ensure that it and any distributors The Agreement may be amended or modified only by a writing that
appointed by the Customer will not resell any Product, Service, Third- is signed by or on behalf of both Parties. The Agreement may be
Party Product, or Third-Party Services (or incorporate any Product, executed in counterparts, each of which will be deemed an original,
Service, Third-Party Product, or Third-Party Services in other but all of which together will constitute one and the same
products or services to be sold) to persons or entities (i) in violation instrument. An executed facsimile or electronic copy of the
of Sanctions Laws, (ii) added to US Treasury Department’s Office of Agreement shall be construed as if it were an original.
Foreign Assets Control’s Specially Designated Nationals and Blocked ****
Persons List (the “OFAC SDN List”) or (iii) added to the EU Exhibit A
Consolidated List or any other applicable sanctions list, including the Definitions
UK's Consolidated List of Financial Sanctions Targets, each as
amended, updated or restated from time to time. Furthermore, no The following capitalized terms used in these GTCs shall have the
member, employee, director or officer of Customer or, as far as respective meanings specified below:
Customer is aware, any person acting on its behalf, is in violation of
Sanctions Laws or designated on a UN, EU, US, UK or other applicable “Addenda” means two or more Addendum.
sanctions list (a “Restricted Person”) or controlled (directly or “Addendum” means any of the following: GDPR and Data Processing
indirectly) by a Restricted Person. Addendum, Local Country Addendum (if applicable), Services
14.12. Binding Arbitration. Any controversy or claim arising out of Addendum, SaaS Addendum, Software Addendum, Support
or relating to the Agreement, including any breach of the Agreement, Addendum, and Software and Support Addendum.
shall be determined by final and binding arbitration administered by “Affiliates” means, as to any entity, any other entity that, directly or
JAMS under its Streamlined Arbitration Rules and Procedures indirectly, Controls, is Controlled by or is under common Control with
(“Streamlined Rules”). The award rendered by the arbitrator shall be such entity. To avoid misunderstanding, for AVEVA “Affiliates” means
final, non-reviewable, and non-appealable and binding on the Parties any direct or indirect wholly-owned subsidiary of AVEVA Group plc.
and may be entered and enforced in any court having jurisdiction. “Agreement” means these GTCs, the Transaction Document(s), and
There shall be one arbitrator agreed to by the Parties within twenty all documents incorporated into such GTCs and Transaction
(20) days of receipt by the respondent of the request for arbitration Document(s) (including, but not limited to, the Addenda and
or in default thereof appointed by JAMS in accordance with the Schedules).
Streamlined Rules, which arbitrator shall have substantial experience “AVEVA” has the meaning set forth in the Purchase Order.
in resolving business disputes involving similar products or services. “AVEVA Indemnitees” has the meaning set forth in Section 9.3
The place of arbitration shall be Harris County, Texas. The arbitrator (Indemnification by Customer).
will have no authority to award punitive, consequential, liquidated, “Confidential Information” has the meaning set forth in Section 5.1
or other damages waived, disclaimed, or otherwise prohibited by the (Confidential Information).
Agreement and the award shall not exceed the applicable limitation “Control” means, with respect to any entity, the possession, directly
of liability set forth in the Agreement. Neither Party has the right to or indirectly, of the power to direct or cause the direction of the
act as a class representative or participate as a member of a class management and policies of such entity, whether through the
with respect to any arbitrated controversy or claim arising out of or ownership of voting securities (or other ownership interest), by
relating to the Agreement (including any breach of the Agreement). contract or otherwise.
14.13. Waiver of Jury Trial. Each Party waives, to the fullest extent “Customer” has the meaning set forth in the Purchase Order.
permitted by applicable law, any right it may have to a trial by jury in “Customer Content” means all software, data (including personal
respect of any proceedings relating to the Agreement or any data), information, text, images, audio, video, photographs, non-
AVEVA or third-party applications, and other content and material, in
AVEVA Customer FIRST Program Page 33 of 39

any format, provided by Customer, any of Customer’s users, or on “Sanctions Laws” has the meaning set forth in Section 14.11
behalf of Customer that is stored in, or run on or through, the (Sanctions).
Products and Services. “Schedule” means the Product or Service Schedule specified in an
“Disclosing Party” has the meaning set forth in Section 5.1 applicable Transaction Document.
(Confidential Information). “Services” means professional services, including any
“Documentation” has the meaning set forth in the applicable implementation, configuration, custom development, or training,
Addenda or Schedules, as applicable and as the context may require. that AVEVA provides to Customer pursuant to a Transaction
“Effective Date” has the meaning set forth in the Purchase Order. Document (but excluding, for the avoidance of doubt, any SaaS
“Export Control Laws” has the meaning set forth in Section 14.10 Product).
(Export Restrictions). “Software” means the software products (in object code (machine-
“Force Majeure” has the meaning set forth in Section 14.3 (Force readable) format only) licensed to Customer by AVEVA pursuant to a
Majeure). Transaction Document, including any new releases, updates, or
“GTCs” has the meaning set forth in the Preamble. versions that AVEVA may make available.
“Initial Term” has the meaning set forth in Section 10.1 (Term of “Statement of Work or “SOW” means any statement of work
GTCs). entered by the Parties pursuant to which AVEVA provides certain
“Intellectual Property Rights” means any patent rights, copyrights, Services to Customer in accordance with this Agreement.
trademarks, trade secrets, moral rights, and other proprietary or “Streamlined Rules” has the meaning set forth in Section 14.12
intellectual property rights worldwide. (Binding Arbitration).
“OFAC SDN List” has the meaning set forth in Section 14.11 “TD Effective Date” has the meaning set forth in Section 10.2
(Sanctions). (Transaction Document Term).
“Order Form” means any order form entered into by the Parties “TD Term” has the meaning set forth in Section 10.2 (Transaction
pursuant to which AVEVA provides Products and certain Services to Document Term).
Customer in accordance with this Agreement. “Term” has the meaning set forth in Section 10.1 (Term of GTCs).
“Party” and “Parties” have the meaning set forth in the Preamble. “Third-Party Products” means products (including any software-as-
“Products” means the Software and SaaS Products that AVEVA lists a-service products) and software of a third-party vendor supplied by
on a Transaction Document and makes available to Customer. AVEVA or incorporated by AVEVA into its Products.
“Receiving Party” has the meaning set forth in Section 5.1 “Third-Party Services” means services made available by a third-
(Confidential Information). party vendor.
“Renewal Term” has the meaning set forth in Section 10.1 (Term of “Transaction Document” or “TD” means any Statement of Work or
GTCs). Order Form entered into pursuant to this Agreement by the Parties.
“Restricted Person” has the meaning set forth in Section 14.11 “$” shall mean lawful money of the United States.
(Sanctions).
“SaaS Product” means the subscription-based, hosted software-as-a-
service product that is provided to Customer by AVEVA pursuant to
an Order Form.

8.1.2. SUPPORT ADDENDUM

This Support Addendum (this “Support Addendum”) supplements and is hereby incorporated into and made a part
of those certain AVEVA General Terms and Conditions, by and between AVEVA and Customer (the “GTCs”), to which
this Support Addendum is attached or included. Capitalized terms used in this Support Addendum without definition
shall have the same meanings ascribed to them in the GTCs.

1.
ADDITIONAL DEFINITIONS. 1.5. “Overtime Rates” means (i) for any on-site Support
1.1. “AVEVA Proposal” means the AVEVA document that may Services performed on a public holiday in the location where such on-
describe, among other things, the specific (i) support level chosen by site Support Services are being performed, twice (2x) the standard
Customer, (ii) Support Services to be provided by AVEVA, (iii) Support rate, (ii) for the first twenty (20) hours of on-site Support Services
Fee (if applicable), (iv) payment terms (if applicable), (v) Support performed outside of Normal Working Hours during a calendar week
Term (defined below) of the Agreement, and (vi) the Goods and/or (other than those performed on public holiday), one and one-half
Supported Software for which support is being provided under the times (1.5x) the standard rate, and (iii) for all on-site Support Services
Agreement. performed outside of Normal Working Hours during a calendar week
1.2. “CFP User Guide” means the Customer FIRST Program User in excess of twenty (20) hours (other than those performed on public
Guide provided by AVEVA. A “CFP User Guide” may not be provided holiday), twice (2x) the standard rate.
or available to Customer for all Supported Services. 1.6. “Support Fee” means the fees described in the Transaction
1.3. “Goods” means all products, equipment, materials, spare Document to be paid by Customer to AVEVA.
parts, hardware, supplies, and accessories for which support has 1.7. “Support Services” means the support services described
been purchased under the applicable Transaction Document. in the AVEVA Proposal (or CFP User Guide, as applicable).
1.4. “Normal Workday” or “Normal Working Hours” means 1.8. “Support Term” means the initial term and any subsequent
9:00 a.m. to 5:00 p.m. on any business day in the location where on- renewal terms for the Support Services, as set forth in the applicable
site Support Services are being performed (excluding any public Transaction Document.
holidays in such location where such on-site Support Services are
being performed).
AVEVA Customer FIRST Program Page 34 of 39

1.9. “Supported Software” means Software for which Support support for retired versions is available and purchased on a product
Services were purchased, but always excluding Third-Party Products, by product basis.
their related instruction manuals and documentation. 2.9. Support Exclusions.
1.10. “Work Product” means any art, discovery, improvement, (a) Unless otherwise agreed in writing by AVEVA, AVEVA does
deliverable, process, customization, report, documentation, NOT provide Support Services for Third-Party Products, including but
invention, modification, enhancement, product, software or other not limited to Crystal Reports. If AVEVA does provide Support
item developed, created, or provided in connection with the Support Services for Third-Party Products at Customer’s written request,
Services, whether or not copyrightable or patentable, inclusive of all AVEVA’s Support Services for such Third-Party Products shall be
related know-how, trade secrets, and any other tangible or intangible rendered “AS-IS” and without warranty of any kind and such Support
technical material or information. Services shall be for an additional fee at AVEVA’s then-current service
rates.
2. SUPPORT SERVICES (CUSTOMER FIRST SUPPORT (b) Customer shall be responsible for payment for AVEVA
PROGRAM). equipment and materials if Customer’s employees, agents,
2.1. AVEVA Proposal. This Support Addendum incorporates by consultants or contractors working on AVEVA equipment or materials
reference all of the terms and conditions contained in the AVEVA causes malfunction or failure of such equipment or materials. If such
Proposal and CFP User Guide, as applicable. an event occurs, AVEVA equipment and materials will be billed to
2.2. Support Term and Fees. Subject to Customer’s payment of Customer at the then-current rates for such equipment and materials
the Support Fees, AVEVA will provide the Support Services during the and Customer shall also pay AVEVA for any associated services as a
Support Term. If additional Supported Software or Goods are result of such malfunction or failure.
purchased, licensed, or leased by Customer during the Support Term, (c) AVEVA and non-AVEVA system goods and software not
then AVEVA may require that Customer obtain Support Services for specifically listed in the AVEVA Proposal or CFP User Guide as covered
such additional Supported Software or Goods either (a) with a term under the support level purchased by Customer are NOT covered
prorated to expire at the same time as the Support Term or (b) for a under the Support Services. Technical assistance rendered via any
different specified term. If Support Services are not included with means of personal communication (including but not limited to
licensed software and Customer has not purchased Support Services, telephone, facsimile, postal mail, email, texting, and web-enabled
then AVEVA shall not provide to Customer any Support Services. chat), remote connection and diagnosis, material, labor or other
2.3. Expense Reimbursement. Except as otherwise agreed in support assistance provided by AVEVA to resolve an issue involving
writing by Customer and AVEVA, Customer shall reimburse AVEVA non-listed goods, software, or equipment is chargeable to Customer
for expenses incurred by AVEVA to perform the Support Services, at the then-current AVEVA service rates.
including but not limited to travel and living expenses. (d) AVEVA will NOT provide Support Services on AVEVA
2.4. Version Upgrade. The software version upgrade software or goods from or repaired by a non-AVEVA-authorized
entitlement is a benefit to customers that enroll in the Support agent, distributor, reseller or other third party. If any issues occur
Services (Standard, Premium and Elite levels) and are currently that are attributable to third-party procured material or services, all
licensing the most current version of software (or another preferred work performed by AVEVA will be subject to invoicing at the then-
minimum version level). If Customer is running a non-current or non- current AVEVA service rates.
preferred version of the Supported Software, Customer must first (e) Unless specifically purchased as an option under a
purchase an upgrade to the current or preferred version to access Transaction Document and described in the AVEVA Proposal (or CFP
this benefit in a new agreement. AVEVA may offer incentives for User Guide), planning, installation, testing, and documentation of
Customer to purchase version upgrades. expansions, modifications and software upgrades of custom
2.5. Non-Refundable Support Fee. The Support Fee for the application or Third-Party Programs are NOT covered by the Support
Support Term is non-refundable and Customer acknowledges and Services.
agrees that it is obligated to pay the Support Fee for the entire and (f) Unless otherwise agreed in writing by AVEVA, Goods
full Support Term in accordance with the payment schedule set forth identified as retired phase or due to become retired under the AVEVA
in the Transaction Document (or AVEVA Proposal, as applicable). lifecycle support policy during the Support Term will be excluded and
2.6. Support Reinstatement for Lapsed Enrollment. If a lapse in will NOT be supported.
enrollment in the Support Services occurs, then Customer may be (g) Supported Software identified as mature phase under the
assessed a reinstatement fee. The amount of the reinstatement fee AVEVA lifecycle support policy will be supported for a maximum of
may increase the longer the enrollment has lapsed. one (1) year.
2.7. Support Program Levels. The Customer FIRST Program (h) All decisions made by Customer relating to the
portfolio offers a wide choice of offerings to meet Customer’s implementation of AVEVA’s advice and recommendations are the
business requirements. Specific program level benefits are described sole responsibility of Customer. To the extent Support Services are of
in the AVEVA Proposal and CFP User Guide, as applicable. an advisory nature, no specific business result is assured or
2.8. Scope of Support. AVEVA provides Support Services in guaranteed.
accordance with the AVEVA lifecycle support policy applicable to the 2.10. Access to Facilities and Equipment. Customer will furnish at
Supported Software and Goods. The applicable AVEVA lifecycle policy no cost to AVEVA suitable and safe working space, storage space,
is published on the AVEVA brand support websites, and may be adequate telephone, light, ventilation, regulated electric power, and
referenced in the AVEVA Proposal or CFP User Guide. Although outlets for testing purposes. These facilities will be within a
AVEVA and its “Certified Support Providers” (which are third parties reasonable distance from Goods or Supported Software covered
retained by AVEVA to provide Support Services to Customer, under the Support Services. AVEVA shall have full and free access to
including but not limited to authorized distributors and other support the Goods and Supported Software in order to provide any on-site
providers) may attempt to resolve issues arising in earlier AVEVA corrective Support Services. Customer will identify person(s) who will
goods or software versions, they do not have any obligation to do so interface with AVEVA or other designated support center under the
under any support level in the Support Services unless extended terms of the Agreement. Any maintenance or repair services
AVEVA Customer FIRST Program Page 35 of 39

performed on the Goods or Supported Software by Customer or (j) Unless otherwise agreed in writing by AVEVA, all parts
third-party personnel resulting in additional material or corrective identified as requiring replacement during a non-warranty related
Support Service requirements by AVEVA will be invoiced at then- service call shall be invoiced at AVEVA’s then-current list prices.
current time and material service rates. 2.13. Support for Brands. All software licenses and Goods for a
2.11. Remote Support Services Security. Remote Support given AVEVA brand (including but not limited to Avantis, SimSci,
Services communication will be conducted only by AVEVA trained Wonderware, OASyS DNA and SimSuite Pipeline™) at a participating
specialists working in a secured area using authorized connectivity site must be covered under the Support Services during the Support
equipment with security and auto log-on features. Any work Term.
accomplished on a Customer system must be authorized by a 2.14. Customer Approval. If the Support Services require AVEVA
Customer representative. Communication processors, routers, or its representatives to update, modify, or otherwise interact with
modems and other equipment used in conjunction with remote Customer’s sensitive or critical systems, equipment, software, or
Support Services that are the property of AVEVA shall be returned to programs, then Customer, at AVEVA’s request, must approve any
AVEVA upon termination or expiration of the Support Term. updates, modifications, or interactions with such systems,
2.12. On-Site Support Services. equipment, software, or programs.
(a) Support Services or travel in excess of a Normal Workday
shall be invoiced at the Overtime Rate. 3. TERMINATION AND SUSPENSION.
(b) Unless otherwise agreed in writing by AVEVA and 3.1. Additional Termination Rights. In addition to the
Customer, all on-site Support Services will be billed to Customer at termination rights set forth in Section 10 (Term and Termination) of
the then-current AVEVA service rates. Customer agrees that a the GTCs, AVEVA may terminate the Support Services and the
minimum of four (4) hours will be charged by AVEVA where hourly Transaction Document under which such Support Services are
rates are applicable and a minimum of one (1) day will be charged by provided if:
AVEVA where daily rates are applicable for service and travel time. 3.2. Customer has breached any of its material obligations
(c) When shift work other than the Normal Workday is under any agreement relating to the Supported Software or Goods
required, the Overtime Rate shall apply. and Customer has not cured such breach within thirty (30) days of
(d) Support Service time committed in advance by AVEVA on receipt of a notice of breach or default from AVEVA; or
the basis of pre-specified number of days shall not be deemed to 3.3. Customer uses the Support Services other than for its own
include overtime or shift work. If overtime or shift work is required internal business purposes or uses the Support Services to provide
on such commitments, the pre-specified time so committed in similar services related to the Supported Software and Goods to any
advance shall be appropriately reduced. third party.
(e) Unless the AVEVA representative has been released from 3.4. Suspension of Support Services. Without prejudice to other
the job site, or has completed his assignment, the Customer will pay remedies available by law, AVEVA reserves the right to suspend the
AVEVA charges computed as if the AVEVA representative was Support Services if Customer does not comply with its obligations
working a normal work week (five Normal Workdays), regardless of under the Agreement.
whether or not the representative is prevented from working due to
delays beyond his control. 4. INTELLECTUAL PROPERTY RIGHTS.
(f) Release from the job site shall entitle the representative to AVEVA owns all Intellectual Property Rights in and to the Work
return to his point of origin, with travel time and expenses chargeable Product, including techniques, knowledge or processes associated
to Customer. with the Work Product, regardless whether or not solely created by
(g) Standby time is defined as that time during which an AVEVA or jointly with the Customer. Customer agrees to execute and
AVEVA representative is requested to remain in readiness and to ensure its third parties execute any such documentation as
available for Support Services commencing at the convenience of the reasonably necessary to secure AVEVA’s rights in such Work Product.
Customer. Such time shall be considered as time worked, whether or For the avoidance of doubt, Customer and AVEVA agree and
not the representative is at the job site, and Customer will be billed acknowledge that all Work Product will not be considered “work
accordingly. If standby time is outside of Normal Working Hours, the made for hire” under the Copyright Act of 1976, 17 U.S.C. § 101 et
Overtime Rate will apply. Standby time will be added to time actually seq., as may be modified, amended, or supplemented from time to
worked for the computation of overtime charges, etc. time.
(h) AVEVA representatives reserve the right to refuse to work
under hazardous conditions. All staging and rigging required for 5. WARRANTIES.
access to equipment to be serviced shall be erected by and at the 5.1. Limited Warranty. AVEVA will perform the Support Services
expenses of Customer or third parties and shall comply with in a professional manner and warranted for a period of ninety (90)
reasonable safety requirements. AVEVA representatives shall comply days from the date of Support Service. AVEVA warrants that any parts
with all reasonable policies, procedures, and rules given to such for Goods which are supplied while performing Support Services
representatives in writing. However, any protective clothing or under the Agreement, will be free from material defects for a period
equipment, except the standard safety hat, required by Customer of ninety (90) days following delivery of such parts. Additionally,
regulations shall be provided by Customer at Customer’s sole cost. AVEVA warrants that any Supported Software upgrades, patches,
Additionally, AVEVA reserves the right in its sole discretion to remove service packs, quick fix, quick custom, or corrective fixes which are
or replace representatives performing on-site Support Services. supplied while performing Support Services under the Agreement,
(i) AVEVA representatives are authorized to act only in a will be free from material defects for a period of ninety (90) days
consulting capacity and are not authorized or licensed to operate following delivery of such Supported Software upgrades, patches,
equipment. All responsibility for operating equipment shall rest with service packs, quick fix, quick custom or corrective fixes. For any
Customer or third parties. breach of these warranties, Customer’s exclusive remedy, and
AVEVA’s entire liability, shall be the reperformance of the Support
Services or repair or replacement of such parts, Supported Software
AVEVA Customer FIRST Program Page 36 of 39

upgrades, patches, service packs, quick fix, or quick custom or

corrective fixes.
5.2. DISCLAIMER OF ALL OTHER WARRANTIES. FOR THE
AVOIDANCE OF DOUBT, THE DISCLAIMER OF WARRANTIES SET
FORTH IN SECTION 7 (DISCLAIMER OF WARRANTIES) OF THE GTCS IS
INCORPORATED INTO THIS SUPPORT ADDENDUM BY REFERENCE.

6. ADDITIONAL INDEMNIFICATION.
In addition to Customer’s indemnification obligations set forth in the
GTCs, Customer shall defend, indemnify, and hold harmless AVEVA
and its Affiliates against (a) claims, brought against AVEVA by any
third party arising from or related to AVEVA’s use of or access to
Third-Party Products or Customer’s software, machines, equipment,
systems, information technology environment, or premises in
connection with the provision of the Support Services; and (b) all
costs, damages, liabilities, and expenses incurred by AVEVA if
Malicious Code is transmitted by or through Customer to AVEVA.

7. CUSTOMER OBLIGATIONS.
7.1. Cooperation of Customer. AVEVA’s performance depends
upon Customer’s timely and effective cooperation, including
providing AVEVA with reasonable facilities, timely access to
appropriate data and information, timely decisions and approvals
and appropriately skilled Customer personnel. AVEVA will not be
liable for any failure to perform Support Services under the
Agreement to the extent that the failure is caused by Customer’s lack
of cooperation. AVEVA may rely upon the accuracy and completeness
of data, material, and other information furnished by Customer,
without any independent investigation or verification.
7.2. Malicious Code. Customer (i) will use commercially
reasonable efforts to ensure that Customer’s computer systems and
information technology environment are free of viruses, adware,
spyware, malware, rootkits, keyloggers, time or logic bombs, trojan
horses, worms, or other computer instructions, devices, or
techniques that erase data or programming, infect, disrupt, damage,
disable, or shut down a computer system or any component of such
system (“Malicious Code”) and (ii) will not transmit any Malicious
Code to AVEVA during any electronic interconnection by any means.
 8.2. Flexible Services Fund Policy
Flexible Services Fund can be used for:

• The following labor-based services associated with Customer FIRST Support and Services Agreement features:

• On-site Corrective Assistance

• Consulting Services provisioned under the Customer FIRST Support and Services Agreement

• AVEVA service personnel travel hours to/from the customer site

• Travel and living expenses related to Customer FIRST Support and Services Agreement features
Flexible Services Fund cannot be used for:

• Consulting Services not provisioned under the Customer FIRST Support and Services Agreement

• Labor hours for any activities, products, software, programs and solutions not related to Customer FIRST Support
and Services Agreement features

• Travel and living expenses not related to Customer FIRST Support and Services Agreement features

The following terms and conditions apply to the Flexible Service Fund:

1. The Flexible Services Fund may be provisioned by the customer for a value that will accrue during the coverage
period of the Customer FIRST Maintenance and Services Agreement, in accordance with the terms of the
Agreement. Allocation to the Flexible Services Fund may differ each year within a multi-year Agreement.
2. Customer’s contribution to the Flexible Services Fund will be made together with Agreement payments in
accordance with the agreement billing schedule. It may be increased or decreased at renewal of the Agreement.
Customer’s contribution cannot be cancelled during the annual term or multi-year coverage period.
3. The scope of services usage can be defined at any time prior to, or during, the Agreement coverage period.
Delivery of services must be taken within the coverage period.
4. As applicable services are provided, the selling price will be deducted from the Flexible Services Fund. Once the
Flexible Services Fund’s value has been fully used, no further services can be applied. If desired, customer may
replenish funding for use during the remainder of the coverage period.
5. At Agreement expiration, unused Flexible Services Fund balance
a. may be rolled forward, establishing a beginning balance in the Flexible Services Fund upon renewal of
the Agreement for the next coverage period
b. cannot be applied to the Agreement itself on renewal
c. will not be refunded to the customer
6. If the Agreement is terminated prior to its expiration date, accrued unused Flexible Services Fund balance will
not be refunded to the customer.
7. If the Agreement is terminated prior to its expiration date, a lump-sum invoice will be issued for Flexible Services
Fund usage above the accrued customer contribution.
 Appendix A – Customer FIRST for Solutions
Customer FIRST for Solutions is a set of services that provide lifecycle support for Advanced Solutions built on AVEVA
software products and engineered/ implemented by the AVEVA solution development and integration team.
Customer FIRST for Solutions is available to be purchased in conjunction with your Customer FIRST program
enrolment. services and associated benefits are presented below.

• Support Transition Services – Solution Support Engineers (SSEs) engage in the pre-production project delivery
phases to gain an in-depth knowledge and understanding of the solution and integration points. This process
helps to transition expertise and ultimately ensures continuity of support for your engineered solution long after
the implementation team completes the project.

• Application Support – Each application is unique and may include custom-developed features and functionality
that ultimately address the business requirements. Our knowledgeable solution support team is readily available
should a client experience an issue with the application. They will focus on the application-specific aspects of the
solution, providing efficient resolution and improving plant performance.

• Integration Support – Integration of front office business systems with manufacturing applications is often
required and sharing data between systems is frequently accomplished via custom-developed interfaces that
become critical to the overall operation. The solution support team takes ownership of the integration and will
fully support and quickly respond to any issue that disrupts the data flow between business systems, thus
minimizing any impact on the production environment.

• Sustaining Maintenance – To meet a client’s unique requirements and extend product capabilities, solution
development will typically include custom code and configurations. The solution support team provides the
engineering services required to protect your engineering investment by ensuring that the custom code and
configurations developed by AVEVA are supported over your application lifecycle, providing any code
investigation and fixes as required.

• Solution Knowledge Management – AVEVA understands the investment clients make in documenting their
solutions and the value this documentation provides, especially over the lifecycle of a custom application. AVEVA
will provide a centralized vault for code maintenance and document management. All changes to the solution
will be reflected in the code and documentation with formal versioning and an audit trail which makes
maintaining your application highly efficient.

• Offline Application Clone Services – AVEVA will maintain an “in-house” test application – a virtual instance of
your production system – to facilitate and streamline delivery of engineering services and for offline
troubleshooting, unit testing, upgrade assessment and training. This results in expedited issue resolution and
greater confidence in the installation of software fixes as they have been tested on your application.

• Upgrade Assessment and Services – Over time, a solution’s underlying products will mature and eventually
require an upgrade. Other factors such as hardware, operating system or database version
obsolescence/upgrades may also necessitate a need to upgrade AVEVA software to remain compatible. Solution
Support Engineers can perform upgrade assessments to evaluate compatibility of the overall solution. Customer
FIRST for Solutions may also include services for altering the customized part of the application to ensure the
overall solution continues to function as designed after upgrading of the underlying product.

• Solution Consulting Services – Applications and their supporting infrastructure will change as your business
grows, as technology advances, and as new ideas, concepts and processes develop. These services help IT
manage changes related to (customized solutions’) system architecture, application design, fixes, enhancements,
upgrades, and drive consistent application performance over time.
• Enhancements Services – As business needs and IT infrastructure change, a software application may need to be
updated and additional functionality developed. These services provide limited enhancements and changes to
the custom code and also a team of engineers who can develop the required additional functionality and extend
an application’s value. (Note: Enhancements and new functionality/features may require a separate Statement
of Work and purchase order.)
Copyright © 2019 AVEVA Group plc and its subsidiaries. All rights reserved.
All product names mentioned are the trademarks of their respective holders.

@avevagroup

linkedin.com/company/aveva

facebook.com/avevasolutions