The following terms shall apply if a Customer purchases additional Professional Services offerings from Tripwire:

Resident Engineer

  • BOUNDARIES AND LIMITATIONS: Tripwire will not be taking responsibility for the Customer’s compliance level, audits, audit results, or change process itself; rather, Tripwire’s focus will be on ensuring consistency of operation for the Tripwire application itself, providing best practice guidance, and subject matter expertise experience to Customer. Tripwire is not assuming any liability for Customer’s compliance obligations with this offering, but is providing best practice administrative assistance and guidance during the engagement. In addition, the following general activities are explicitly excluded from the Resident Engineer Services: (a) operating system and database administration tasks for the underlying operating system and database for the applicable Tripwire console and database, as well as for any monitored system (e.g. those activities that are beyond the scope of the Tripwire application user interface) and (b) network administration activities.
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  • TERM: The term of the Resident Engineer(s) included in this SOW will begin upon the arrival of the Resident Engineer(s) onsite. Arrival and commencement of the term shall be confirmed by both parties in writing.
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  • LEAVE: Each Resident Engineer will take reasonable leave for vacation, sick time, offsite training, and staff development, not to exceed a total of five weeks during the term per Resident Engineer.
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  • RENEWAL: For continuity of Service, the next year’s Resident Engineer must be renewed 30 days prior to the expiration of the Services.
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  • CONVERSION: During the term of the Resident Engineer services and for six months after termination, Customer shall not employ or engage as a consultant any individual who has been assigned by Tripwire as a Resident Engineer to perform Services for Customer under this SOW unless Customer pays to Tripwire as liquidated damages and not as a penalty, an amount equal to $50,000USD for each person employed or engaged by Customer.
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  • TERMINATION: Neither party may terminate the Resident Engineer Services for convenience. For the avoidance of doubt, both parties retain all other termination rights available, including termination for cause.