Introduction and Eligibility
This Services Description Document (“SDD”) describes the maintenance and support services (“Services”) available to licensed subscribers (“Customers”) of 128 Technology software products (“Software”).
The Services are subject to the terms of this SDD and the 128 Technology End User License Agreement or other written agreement covering within its scope the terms and conditions under which Customer has purchased a license subscription to the Software (“Subscription Contract”).
The Services will be rendered by 128 Technology (or its representatives or contractors) to the Customer as identified by name and address in the order for the license subscription to the Software (whether purchased directly from 128 Technology or by a reseller or distributor authorized by 128 Technology to resell subscription licenses for Software). In order to be eligible to receive Services, the Customer must hold a valid Subscription Contract.
Service Features and Deliverable Description
As part of the Services, 128 Technology will use commercially reasonable efforts to provide Customer with the following during the paid subscription period stated in the applicable Subscription Contract (“Service Period”):
Customer will have access to 128 Technology technical support engineers by phone and online 24/7/365 and without restriction as to the number of cases Customer may open. As a single point of contact for all support needs, 128 Technology technical support engineers will help diagnose and troubleshoot products and provide workaround solutions where necessary. 128 Technology technical support engineers will provide assistance with product use and Software Patches, Software Updates, and Software Upgrades, each as defined below. Services availability for any particular release of Software is subject to limitations and restrictions under 128 Technology’s Product Software Lifecycle Support Policy.
For critical or service-impacting problems, Customers are requested to contact 128 Technology technical support by calling 1-781-203-8400. For non-critical/non-service-impacting problems, Customers can open cases through 128 Technology’s online support portal.
For additional details about support procedures and case priority guidelines, please refer to Schedule 1 (ERROR PRIORITY LEVELS/RESPONSE GUIDELINES) attached hereto.
During the Service Period, 128 Technology shall make available to Customer the Updates (defined below) of the Software covered under a Subscription Contract, but solely for Customer’s use as a replacement of a different release of the Software duly licensed to such Customer. Any such Update shall be subject to the terms and conditions set forth below:
I. Rights in Updates. An Update downloaded by or otherwise delivered to Customer under a Subscription Contract may be used only to replace Software licensed to Customer and only if Customer agrees not to use the Update until it first discontinues use of the replaced Software and makes it unavailable for any use, other than for archival use. Once an Update is installed and placed in use and all copies of the replaced release of the Software is removed from all use, the Customer’s rights in the Update will be subject to the same terms, conditions, and restrictions as the Software originally licensed to Customer, as set forth in the applicable Subscription Contract.
II. Definitions. As used herein,
Software Patch means minor modifications to the Software to address a specific problem and help restore the system.
Software Update means a release of the Software comprising primarily error corrections (a collection of Software Patches) to the Software, sometimes also referred to as “maintenance releases.” Software Updates do not typically contain any new or additional features beyond what was provided in the latest available Software Upgrade.
Software Upgrade means a release of the Software that may contain some new features or enhanced functionality.
An “Update” (or ”Software Release”) of particular Software as of a particular time means any Software Patch, Software Update, or Software Upgrade of such Software then available generally without incremental fee to Customers who have purchased and have in force a Subscription Contract for the Software, provided, however, that Update excludes:
- Any new products, offerings, applications or add-ons for which 128 Technology charges a separate fee, unless Customer separately purchases a license or subscription thereto from 128 Technology;
- Any Software Update that, under then-applicable 128 Technology Product Software Lifecycle Support Policy, is no longer eligible for support; and
- Any third-party proprietary software that is developed or supplied by a party other than 128 Technology or its affiliates and has not been incorporated into 128 Technology Software or the Services of 128 Technology or its affiliates.
During the term of the Subscription Contract, 128 Technology will provide Customer with self-service access to a Customer Service Center (CSC) online portal, which provides information, answers, tools, and service options solely for the Customer’s internal use in supporting the Software. CSC features may include, but are not limited to, software downloads, and the 128 Technology Community. Use of online tools is subject to terms and conditions of the CSC as generally applicable to parties using that portal. Rights of access and use of the CSC are nonexclusive, nontransferable, and not sub licensable, are subject to the terms and conditions of use posted online, and are further subject to the following:
By registering for access to the CSC, Customer warrants and represents that: (i) Customer is not operating from (or using the Software in) any Group E country listed in the U.S. Export Administration Regulations (“EAR”) at Supplement 1 to Part 740 (which as of the date of publication of this SDD, consist of Syria, Cuba, North Korea and Iran); (ii) Customer is not named on any Denied Persons List, Entity List, or other such list published by the U.S. Dept. of Commerce at http://export.gov/ecr/eg_main_023148.asp; (iii) Customer is not using the Software in support of any nuclear, biological, or chemical warfare activities or in the development, construction, or operation of any nuclear or nuclear fuel facilities; (iv) Customer did not receive the Software, directly or indirectly, as a result of an export in violation of any U.S. or other applicable export control laws or regulations; and (v) Customer is not using the Software, directly or indirectly, to support or operate any other product or software that was exported in violation of any such export control laws or regulations. Customer shall provide 128 Technology, promptly upon demand, with all requested information regarding the Customer and Customer’s use or intended use of any Software, and for ensuring that all such information so provided is at all times during the Service Period current, complete, and accurate.
128 Technology reserves the right in its discretion to limit or prohibit access by Customer to CSC or any other self-service online resources whenever 128 Technology believes that such access may give rise to violation of such export control laws or regulations or any other violation of 128 Technology’ rules or the limited use terms identified above.
128 Technology’s obligation to perform any particular Services hereunder is contingent upon 128 Technology receiving from Customer such cooperation, network access, consents, information, and materials that 128 Technology may reasonably request to enable 128 Technology’s proper and efficient performance of such Services and to enable 128 Technology to do so in compliance with all applicable laws and regulations.
Unless Customer has entered into a commercial agreement with an authorized 128 Technology partner for the provision thereof, it is Customer’s responsibility to operate and manage its systems and to perform monitoring, maintaining, administering activities and troubleshooting of problems that may occur with the Software, by Customer personnel who have been appropriately trained with respect to the Software. Activities Customer is responsible for include the following:
Operation of the system on a 24x7 basis and being available for on-call or on-site assistance
Performing system administration, including updates to software and configurations as recommended by 128 Technology
Performing system backups and restores, including creating local system backups of the Software on appropriate media
Performing routine maintenance and review of system statistics to ensure system performance
Monitoring system alarms and maintenance logs as required
Performing system diagnostics and taking corrective action as necessary
Being fully capable of using network monitoring test equipment, and providing traces to 128 Technology support personnel when requested
Troubleshooting software issues
Escalating issues to 128 Technology as necessary
Remote Support Access
128 Technology’s technical support engineers are capable of performing a number of software system diagnostic routines via high-speed IP access. Remote troubleshooting is designed to eliminate costly downtime and reduce the repair time.
128 Technology requires Customers to provide remote network access to deployed 128 Technology Software via the Internet. Without this access, repair times may be extended significantly. The use of a firewall or other appropriate security measures is also recommended and is Customer’s responsibility.
Other Customer Responsibilities
Customer shall also be responsible for the following:
Register at 128 Technology CSC, register all Software and Site IDs, and keep all such information current, accurate, and complete at all times.
Contact 128 Technology and provide all of the required information to activate the Services entitlement, such as software serial numbers, to enable the support level and delivery of services.
Provide information on the software releases currently running in the network and current configurations as and when requested by 128 Technology to enable delivery of the Services.
Provide access to servers, equipment, information, logs, infrastructure, and resources that are necessary for the delivery of the Services, including remote network access via the Internet.
Provide all information and assistance needed by 128 Technology to diagnose, replicate and troubleshoot the issue.
Properly train personnel in the use and application of the Software.
Ensure that the requirements identified for the proper working of the Software are in place. These requirements may be documented in the product documentation or user guides, or additional recommendations may be communicated by the 128 Technology team from time to time for proper operation of Software or delivery of Services.
Protect and back up the data and information stored on the computers/servers on which the Software is used, and confirm that such data and information is protected and backed up before contacting 128 Technology for support. 128 Technology is not responsible for lost data or information in the event of errors or other malfunction of the Software or computers/servers on which the Software is used.
Advise 128 Technology of any information 128 Technology may reasonably request about the execution of the Services throughout the delivery of Services. If third-party participation and cooperation is required in order for Customer to perform the Customer responsibilities, Customer shall be responsible for obtaining such participation and cooperation. Customer shall provide written notice to 128 Technology as soon as it becomes aware or has reason to believe that Customer will not meet one or more of the Customer responsibilities.
Customer is not required to install every Update as it becomes available from 128 Technology. However, Customer acknowledges that in order to obtain Services for problems with a Software release that is not then supported by 128 Technology and which cannot be corrected by implementation of a preexisting workaround or problem resolution, installation of an Update may be necessary to address any such problems.
Services shall be delivered remotely from an authorized 128 Technology location unless specified otherwise.
All service deliverables in this offering are available in English only.
Services exclude support for the following:
Operation of the Software other than in accordance with technical documentation and specifications furnished along with the Software
Issues arising out of the use of the Software other than as expressly licensed to Customer under the Subscription Contract
Actual or attempted modification, alteration, or addition to the Software undertaken by Customer or any third party
Software that is not covered under a current and valid Subscription Contract (including, without limitation, third-party software not licensed by 128 Technology)
Any customized deliverables created by 128 Technology specifically for Customer as part of consulting services
Errors relating to the combination of the Software with hardware or software not provided by 128 Technology
Any other applicable exclusions set forth in the Subscription Contract
Schedule I - Error Priority Levels/Response Guidelines
In the event of an Error, Customer initially assigns a priority level to each Error as it is reported to 128 Technology, using the definition guidelines below. 128 Technology will use commercially reasonable efforts to adhere to the response and resolution targets specified below based on the priority level of an Error. 128 Technology reserves the right to update the priority level of an Error case as it deems appropriate – for example, after a Workaround has been made available.
“Error” means any verifiable and reproducible bug, error or similar functional problem with the Software that prevents it from functioning substantially in accordance with the applicable specifications.
“Critical Error” means an Error that causes the Software to be inoperable, causing a complete loss of service in a production environment, and where no Workaround or recovery is available.
“Major Error” means an Error that causes significant loss of functionality of the Software, but where essential functionality is still available (e.g., through a Workaround).
“Minor Error” means any Error other than a Critical Error or Major Error.
“Inquiry or Cosmetic Issue” means an issue or anomaly with the Software that does not constitute an Error.
“Workaround” means a method by which a user of the Software can, by making a limited number of procedural or configuration changes, prevent the occurrence or reoccurrence of an Error.
A Critical Error case will be acknowledged by 128 Technology within one hour of the reported Error. A technical support engineer will remain allocated until an emergency Software Patch or Workaround is available to Customer. The objective will be to provide a Workaround solution until resolution by way of a Software Patch is available.
128 Technology will provide, at a minimum, a daily report on the status of the resolution until the End User has resumed normal business activities. More frequent status reviews may be scheduled if required by the situation.
A Major Error case will be acknowledged by 128 Technology within one hour of the reported Error. If 128 Technology determines that escalation is required, a technical support engineer will be assigned to the Error. The objective will be to provide a Workaround as soon as possible and a resolution in the next Update.
128 Technology will provide a report on the status of the resolution every one to two days or as deemed necessary by 128 Technology. If a Workaround exists and the resolution is to be deferred to the next Update, this will be reported to Customer and no further status reporting on this item will occur.
A Minor Error case will be acknowledged by 128 Technology within eight hours of the reported Error. A Minor Error will be reviewed within ten days, and if an Update is required to resolve the Error, then the issue will be assessed for inclusion in a future Update.
Inquiries and Cosmetic Issues
Any Inquiry or Cosmetic Issue reported as a support case will be acknowledged by 128 Technology within 24 hours of the ticket submittal. Inquiries and Cosmetic Issues will be reviewed and assessed for inclusion in a future Update.
Customer may from time to time submit requests or suggestions for feature or functionality enhancements that would require future development. 128 Technology may review and discuss such requests with Customer on a periodic basis, as mutually determined by the parties. 128 Technology shall have no obligation to develop or deliver any enhancements.
Customer and 128 Technology may establish and periodically update an escalation list of management employees responsible for the support of the Software. Use of such list will be subject to compliance with 128 Technology’s guidelines and policies, including those applicable to privacy.
Service Level Targets
The response times and other service levels described in this Schedule 1 are targets or objectives that 128 Technology strives to achieve consistently in providing Services to Customers. A failure to meet any one or more of the service level targets will not create any liability on the part of 128 Technology, nor a right to any credits or to withhold payment on the part of Customers.