Terms and Conditions

The software that comes with a prime system is under warranty for twelve months after delivery. The warranty affirms that software purchased will function in accordance with the product documentation supplied with the software. If the software warranty period has lapsed and the customer wants to continue to receive software updates and telephone software support, then extended maintenance must be purchased starting at the expiration date up through the date for which software warranty is desired. At sites with multiple XTS systems, if software warranty is ordered, it must be ordered for all systems at a site. During the warranty period, software support is provided as defined below.

The software license allows use of the software only on the system to which it is licensed and entitles the customer to the following during the warranty period:

1. Software product updates, including critical problem fixes, as determined by DigitalNet, limited to minor updates (e.g., 4.0.1 to 4.0.2) and major updates (e. g., 4.4.1 to 4.5) and related documentation. New software releases (e.g. 5.2.E to 6.0) are not included within the warranty.
2. Telephone Software Support.

DigitalNet will support the then-current release of XTS-300 software products, the last (immediately prior) release of XTS-300 software products, and the last B3 Evaluated releases of XTS-300 software products.

Telephone Software Support includes:

1. 1. Telephone access for the receipt and distribution of problem calls 24 hours a day, 7 days a week.
2. Up to 42 hours per year, or 3.5 hours per month if monthly maintenance is purchased, of telephone support per prime system.
3. Clarification of software product documentation, such as manuals and technical notes, and a search by DigitalNet of the known problem files for similar problems.

Phone numbers (including 800 phone numbers) and other means of contacting DigitalNet are described in detail in the support appendix of each Software Release Bulletin. The customer must provide their system ID (HSnnnn) on all calls. Customer problem calls will be conveyed to XTS Software response personnel during the DigitalNet's Virginia, USA normal hours of availability.

Telephone Software Support begins the day of delivery and continues until the contracted number of hours of support has been exhausted or until the warranty period ends, which ever comes first, unless notice is supplied to DigitalNet within the first 30 days of delivery of a failure to achieve system acceptance through a fault of DigitalNet. If acceptance completion is delayed through the fault of DigitalNet, the support period will begin the day after successful acceptance test completion.

A customer's Telephone Software Support account will not be charged for any call in which the customer reports, and DigitalNet can confirm, an error in the software. "Error" is defined as "does not perform in accordance with DigitalNet published specifications".

Installing and configuring the DII Guard application requires the customer to establish the security policy rules and the network architecture and detail design information necessary for proper DII Guard configuration. It is essential to have experienced DII Guard installers to ensure a trouble free and successful DII Guard installation. DigitalNet' DII Guard program office sells:

• A site survey to help the customer establish what the security and connection values should be.
  
• Installation by experienced installers.
  
• On-site assistance and support.

Providing Telephone Software Support for DII Guard related problems requires that the customer provide their site detail design information to DigitalNet's help desk personnel. With this information, the TSS personnel will be able to assist a DII Guard trained operator in troubleshooting basic installation and operational problems but this support is not intended to be able to walk personnel through a successful DII Guard installation over the phone. Not all problems can be resolved through telephone software support; some problems may require the on site assistance, which can be purchased on a time and material basis, to satisfactorily resolve the problem.

If you require DII application or operational assistance, please contact us by either;

1. Calling the TSS help line at 1-703-563-8199.
   
2. Emailing XTSsupport@digitalnet.com
   
3. Entering a trouble report in the XTS data base at
   http://XTS300.digitalnet.com/XTS300.

If the question is one that involves the DII Guard application software product, a call to the above numbers will be routed to the software Help Desk for resolution. There is voice mail for recording a request during DigitalNet Virginia non-working hours or when the Help Desk analyst is busy. Be sure to include your system number (HSnnnn), your name and phone number and your time zone in addition to a technical description of the problem or question. If you have not purchased TSS, DigitalNet will not be able to assist you in resolving your problems until the warranty and TSS of your system has been brought up to date.

For each prime system purchased, DigitalNet grants to the Government a nonexclusive, nontransferable license to use each ordered software product solely for use by the Government on the designated prime system specified in the contract. This license includes the right to make a backup save tape of each software product installed on a prime system and to restore the backup copy onto a XTS-300 spare system. If the Government is temporarily unable to use a software product on the designated prime system, the license may be temporarily transferred, with the consent of DigitalNet, during such period to permit the Government to use the software product on another DigitalNet, XTS-300 system. A software product whose license has been temporarily transferred to a spare system cannot be executed on the prime system while it is at the same time being executed on the spare system.

Basic Warranty

DigitalNet warrants all hardware supplied with an XTS-300 system for a period of twelve months beginning on the day the system is delivered to the customer site unless the customer notifies DigitalNet that the equipment arrived damaged and failed to properly operate, in which case the warranty period will start once the replacement is delivered. DigitalNet will furnish mail-in replacement parts during the warranty period unless the parts are required due to the fault or negligence of the Customer in which case there will be a charge for parts to be quoted upon request. DigitalNet is not responsible for damage due to power failures or for damage sustained during shipment when the customer ships the equipment to another site. Prior to the expiration of the warranty period, whenever equipment is shipped by DigitalNet for replacement purposes, DigitalNet shall bear all costs of return shipment including, but not limited to, the cost of packing, transportation, rigging, drayage, and insurance. The customer shall bear the cost of shipping parts to the DigitalNet mail-in depot including insurance against shipping damage.

The customer must return the failed or damaged part to DigitalNet and all replaced parts shall become the property of DigitalNet. If the customer fails to return a failed or damaged part to DigitalNet then additional repair services will not be provided until the failed or damaged part is returned or the replacement part is purchased. A defective or failed disk drive that contains classified information does not need to be returned to DigitalNet in order to receive a warranty replacement. However, the customer must run the DigitalNet specified disk drive diagnostic and the results must be transmitted to DigitalNet before a replacement drive is shipped. The unexpired portion of the warranty period shall apply to any replacement provided by DigitalNet. Customer purchased spares shall be warranted for a period of 30 days after installation or 90 days after purchase (whichever occurs earlier).

For parts or systems that are not covered under hardware warranty, DigitalNet has the right to bill the customer for the expense incurred in repairing a system or part to operational condition following customer shipment. DigitalNet does warrant its packaging and shipment of parts and systems to the original location defined in the contract, delivery order or other government direction statement.

Extended Warranty

Additional customer purchasable hardware maintenance options are available to extend the initial 12 month warranty that comes with the purchase of a system and to convert the mail-in hardware maintenance to on-site hardware maintenance.

Customer Service Support Center

Telephone access for the receipt and distribution of problem calls is available 24 hours a day, 7 days a week. Phone numbers (including 800 phone numbers) and other means of contacting DigitalNet are described in detail in the support appendix of each Software Release Bulletin. The customer must provide their system ID (HSnnnn) on all calls. Customer problem calls will be conveyed to XTS Customer Service Support Center response personnel during the DigitalNet's Virginia normal hours of availability.

The purchaser must run the DigitalNet -provided system diagnostics before placing a service call to the DigitalNet Customer Service Support Center. The purchaser must identify their 6-digit System ID (HSnnnn). The caller should be near the system and prepared to run diagnostics or other software as required by DigitalNet to assist in the resolution of the problem if necessary. If the hardware is covered by mail-in maintenance, the diagnosis will attempt to isolate the failure to a replaceable unit and the customer will be instructed to send that unit to DigitalNet for replacement. The customer will pay for shipping to DigitalNet, while the replacement part will be shipped back to the customer at DigitalNet expense.

Should the purchaser call when the Customer Service Support Center is closed, the Customer Service Operations Support Center will respond the next DigitalNet business day. The typical response time during normal working hours is four (4) hours. The Customer Service Support Center will call the Customer back and analyze the problem using voice communications.

On-site Hardware Maintenance

On-site maintenance, whether purchased under warranty or purchased post-warranty, for the XTS-300 will be provided within the Geographic Scope during the Principal Period of Maintenance (PPM) defined as 8:00a.m. to 5:00 P.M., local time, Monday through Friday, excluding Government holidays. Response time is Next Business Day. The geographic scope for on-site hardware maintenance includes the entire continental United States and Canada, and overseas locations in Hawaii, Germany, England, Okinawa, and South Korea. Canada is included with the understanding that maintenance will be provided by Canadian citizens and not US citizens.

If on-site maintenance has been ordered, the Customer Service Support Center will dispatch part(s) and a Customer Response Engineer (CRE) when required for on-site repair. Arrival time will typically be 24 to 48 hours after placing a call. Service might be provided by non-cleared CRE personnel and therefore will require an escort. For purchasers that have purchased on-site maintenance and who have on-site spares the Customer Service Operations Support Center will dispatch a CRE to provide same day hardware repair to a site located within 50 miles of a DigitalNet CRE facility if the call is placed before 12 P.M. local time. Calls placed after 12 P.M. local time will receive service the next business day.

On site hardware maintenance is only designed to for correct hardware related problems. Repair personnel will not be able to correct software related problems and will not perform software rebuild or file system restore. The customer is responsible for software rebuild and file system restore operations.

DigitalNet's XTS-300 STOP Operating System, related software, and all related documentation are copyrighted by DigitalNet and its grantors. Unauthorized copying or modification of the software is expressly prohibited. This area will be covered in more detail in the License Agreement. Printing of manuals or documents distributed on CD media is permitted.

All XTS-300 software and documentation must be licensed under an appropriate license agreement, which is included in the contract.

The STOP Operating System and related software and documentation are subject to the International Traffic in Arms Regulations (ITARS), and distribution to foreign nationals requires a U. S. State Department license. This license is based on a per contract (program) / per country basis. DigitalNet must receive a "letter of intent" for the purchase of an XTS-300 to initiate the ITAR process with the U.S. Government. This procedure takes the U.S. Government between 60 and 90 days (average) to process. DigitalNet cannot ship until the Government's ITAR processing has completed.

Software updates are also subject to specific ITAR approvals and the promptness of deliver is subject to ITAR approval delays.

Except as expressly set forth in writing in this Agreement, THERE ARE NO WARRANTIES EXPRESSED OR IMPLIED. IN NO EVENT WILL DIGITALNET BE LIABLE TO THE CUSTOMER FOR CONSEQUENTIAL DAMAGES resulting from DigitalNet's breach including: (a) any loss resulting from general or particular requirements and needs of which DigitalNet at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and (b) injury to person or property proximately resulting from any breach of warranty).

Data and software rights available to the Purchasers with these products are as follows;

Software - Restricted Rights

Data - Limited Rights

Definitions of restricted and limited rights are included in the Software License Agreement defined in the contract.