SUCH PRODUCT TO END USERS BUNDLED AS
PROVIDED ABOVE.
3.4
PRODUCT DISTRIBUTION.
3.4.1
PRODUCT LICENSING.
THE PRODUCT SHALL BE DISTRIBUTED TO END USERS
BY MATHSTAR PURSUANT TO SUMMIT'S THEN CURRENT END USER LICENSE AGREEMENT AS A
COMBINED PRODUCT WITH OTHER MATHSTAR PRODUCTS.
THE CURRENT VERSION OF SUCH END
USER LICENSE AGREEMENT IS ATTACHED HERETO AS EXHIBIT A.
IF SUMMIT'S FORM OF END
USER LICENSE AGREEMENT CHANGES, IT SHALL GIVE NOTICE OF SUCH CHANGES TO
MATHSTAR, AND SUMMIT AND MATHSTAR SHALL AMEND THIS AGREEMENT BY ATTACHING THE
MOST CURRENT FORM OF SUMMIT'S END USER LICENSE AGREEMENT TO THIS AGREEMENT AS
NEW EXHIBIT A.
3.4.2
PACKAGING OF PRODUCT RELEASES.
THE PRODUCT AND ALL MAJOR VERSIONS
THEREOF SHALL CONSIST OF THE SUMMIT SOFTWARE, THE MATHSTAR-SPECIFIC SOFTWARE AND
THE MATHSTAR LIBRARY, PACKAGED TOGETHER BY SUMMIT AS A SINGLE PART NUMBER,
DOWNLOADABLE AS A SINGLE COMPLETE FILE IMAGE.
END USERS SHALL HAVE A SINGLE
INSTALLATION PROCESS THAT PLACES THE PRODUCT IN THE PROPER LOCATIONS IN THE END
USER'S ENVIRONMENT.
3.4.3
PRODUCT DISTRIBUTION LOGISTICS.
THE DISTRIBUTION MECHANISM FOR THE
PRODUCT SHALL BE FTP ACCESS VIA THE INTERNET.
THE DISTRIBUTION WEBSITE SHALL BE
DEVELOPED, HOSTED AND MAINTAINED BY SUMMIT OR ITS SUPPLIER WITH ASSISTANCE AND
SUPPORT FROM MATHSTAR.
THE WEBSITE SHALL PROVIDE FOR EFFECTIVE, SECURE UPLOAD
OF MODEL LIBRARY RELEASES AND PATCHES FROM MATHSTAR, AS WELL AS EFFECTIVE
LOCATION AND RETRIEVAL OF SOFTWARE AND PATCHES BY CUSTOMERS.
QUALIFIED
RESELLERS OF THE PRODUCT MAY PROVIDE LINKS TO THE SUMMIT WEBSITE IN ORDER TO ACT
AS DISTRIBUTION PORTALS.
3
3.5
CUSTOMER SUPPORT.
MATHSTAR SHALL PROVIDE FIRST LINE SUPPORT OF
THE PRODUCT TO END USERS.
IF MATHSTAR DETERMINES THAT THE PROBLEM APPEARS TO BE
LOCATED WITHIN OR CAUSED BY THE SUMMIT PRODUCT, UPON MATHSTAR'S REQUEST, SUMMIT
SHALL PROVIDE TECHNICAL CUSTOMER SUPPORT EITHER TO MATHSTAR OR, IF REQUESTED,
DIRECTLY TO AN END USER.
3.5.1
BUG REPORTING AND TRACKING.
SUMMIT SHALL PROVIDE MATHSTAR ACCESS
TO SUMMIT'S BUG TRACKING SYSTEM FOR THE PURPOSE OF TRACKING PROBLEM REPORTS AND
BUGS IN THE PRODUCT.
PROBLEMS AND POTENTIAL BUGS IN THE PRODUCT SHALL BE
ENTERED INTO SUMMIT'S BUG TRACKING SYSTEM BY TECHNICAL SUPPORT STAFF OR
APPLICATION ENGINEERS FROM EITHER PARTY.
EACH PARTY SHALL IDENTIFY AND MAINTAIN
A TECHNICAL SUPPORT POINT OF CONTACT, WHO SHALL BE RESPONSIBLE FOR COMMUNICATING
TECHNICAL PROBLEM STATUS AND CUSTOMER IMPACT PRIORITY WITH THE OTHER PARTY AND
FOR INSURING THAT CUSTOMER PROBLEM REPORTS ASSOCIATED WITH THE PRODUCT ARE
RESOLVED IN A TIMELY MANNER.
3.5.2
BUG CONFIRMATION AND RESOLUTION.
SUMMIT SHALL CONFIRM AND RESOLVE
BUGS IN THE SUMMIT SOFTWARE AND MATHSTAR-SPECIFIC SOFTWARE IN ACCORDANCE WITH
ITS CUSTOMARY PROCEDURES FOR SUPPORT OF ITS PRODUCTS.
MATHSTAR SHALL CONFIRM
AND RESOLVE BUGS IN THE MATHSTAR LIBRARY.
EACH PARTY SHALL PROVIDE ENGINEERING
SUPPORT TO THE OTHER PARTY UPON REQUEST IN ORDER TO EXPEDITE THE RESOLUTION OF
BUGS.
3.5.3
FIELD SALES TECHNICAL STAFF.
EACH PARTY SHALL DEVELOP AND MAINTAIN
TRAINED TECHNICAL STAFF THAT WILL BE AVAILABLE IN THE FIELD TO VISIT END USERS
AND ASSIST WITH TECHNICAL PROBLEM SOLVING OR TROUBLESHOOTING AS REQUIRED.
3.6
END USER TRAINING.
3.6.1