Revision 3
Odin Technical Support Guide
2
Preface
Contents
Preface
3
Feedback ... 3
About This Guide ... 3
About The Odin Support Team ... 4
Odin Support Specialists ... 4
Getting Started with Odin Support. Free Support Resources
5
Product Documentation ... 5
Knowledge Base ... 6
Discussion Forums ... 6
Odin Support Programs
7
Odin Support Programs Overview ... 7
Odin Support Programs Tables ... 8
Odin Software Update Service (SUS) ... 9
Technical Training ... 10
Creating Support Requests
11
Support Request Policies ... 11
Incident Deducting Policy ... 11
One Ticket - One Issue Policy ... 11
Support Request Severities ... 12
Support Code ... Error! Bookmark not defined.
Submitting Support Request ... 12
Creating Requests via the Web Support Form ... 13
Submitting Request by Phone ... 17
Purchasing Per-Incident Support Online ... 18
The Support Request Workflow
19
Technical Service Agreement ... 19
Tracking Your Support Requests ... 19
Setting Up Access to Request Tracking Self-Service Portal ... 19
Working With Support Requests in the Request Tracking Self-Service Portal ... 20
Escalating Your Support Request ... 21
Support Request Resolution Policy ... 21
Participating in Customer Satisfaction Survey ... 22
Legal Information
23
Product End-of-Life Policy ... 23
Preface
3
Maintenance Agreement ... 24
End-User License Agreement ... 24
Feedback
If you have found an error in this guide or if you have suggestions or ideas on how to improve this
guide, please send your feedback using the online form at:
http://www.odin.com/support/usersdoc/
Please include in your feedback message the guide's title, chapter and section titles, and the
fragment of text in which you have found an error.
About This Guide
This document is intended for all Odin customers with product- or license-related issues to resolve.
This guide is intended to provide a better understanding of how the Odin Support team works
to
resolve issues in a timely manner and with minimal effort on your part.
4
Preface
About The Odin Support Team
As the face of the company, the Odin Support Team is an integral part in ensuring the success of our
customers. We provide exceptional service 24 hours a day, 7 days a week, 365 days a year. We strive
to bring high value to our customers in resolving their support and business needs.
The Odin Support Department is a team of highly skilled specialists. We employ about 100 people in
different offices across the globe. Together with our customers, we work each day to improve our
service. Our technical experience grows through regular product training of Odin products and
certification programs for the platforms and operating systems of our products. This allows us to
provide solutions based on industry standards, best practices, and certified knowledge you can trust.
Our motto is "We can only be as successful as our customers." We take pride in providing our clients
with timely, helpful, and efficient support.
Odin Support Specialists
We have the following qualified specialists in the Odin Support Team:
Support Engineers (SE) can help you with any technical product inquiry; perform root cause
analysis; or provide workarounds for mission-critical services. When needed, they will route your
issue to developers for an efficient solution or workaround.
Technical Account Manager (TAM) provides proactive support of you and your business; a person
familiar with your business and configurations; and finally, your customer advocate. Read more
about the Odin Technical Account Manager program here:
http://www.odin.com/support/#tab4
.
To understand all the advantages of the Odin Support Portal and to use all Odin Support tools
to the fullest extent please follow the link:
http://www.odin.com/support/
Before contacting the Odin Support Team, we recommend that you check our free- of-charge
self-support options, such as
Product Documentation
,
Odin Knowledge Base
and
Odin Forums
.
Product Documentation
Documentation for all Odin products can be found on the Odin Support portal at
http://www.odin.com/support/docs/
Odin Service Automation product documentation can be found also on our site via the
PartnerNet Portal
https://partners.odin.com/
Important: Prior to installing any Odin product, we recommend that you review the respective
product documentation, server requirements, and release notes.
C
H A P T E R
1
Getting Started with Odin Support
.
6
Getting Started with Odin Support. Free Support Resources
Knowledge Base
Odin Knowledge Base
(http://kb.odin.com/)
contains known solutions for the most frequent
questions and problems. The Knowledge Base is regularly updated with new cases and
resources as they become available. It is recommended that Customers check back often for
updates.
In the Knowledge Base, you can search for a solution by simply typing a key phrase related to
your question or product problem. To create a more defined search, you may want to utilize
the drop down menus to be more targeted.
Discussion Forums
If you want to discuss your issue with other Odin customers, share your experience, or receive
answers from our technicians, you can do so at our Odin Forums. Just register and enjoy live
communication with other forum users at
http://forum.odin.com/
.
In case none of the solutions provided in our free support resources have helped you resolve
your issue, you can ask Odin Support Team for help.
Odin Support Programs Overview
Please review the below Odin Support options to find the support program that suits your
needs the best.
Support Contract. Based on the support contract the partner receives a support plan
that includes support incidents and Technical Account Manager’s time. To arrange a
support contract one needs to contact Odin Sales Representative. If you are an Odin
customer with a support contract, please use your Support code (looks like 2 sets of 5
digits, separated by dash: 12345-67890) in the support form when submitting tickets
instead of a license key number.
Free Support for Odin Automation Essentials. All hosters on Odin Automation Essentials
receive free support from Odin:
https://kb.odin.com/128644
Free Support for Plesk Automation. All hosters on Plesk Automation receive free support
from Odin:
https://kb.odin.com/127727
Per Incident Support for Customers. Odin offers per-incident support at the rates
depending on the product and the type of incident. An incident is defined as a single
support issue that cannot be divided into multiple sub-requests. An incident can span
multiple communications including both e-mail and phone conversations. Also
incident support is offered in bundles of 10 or more tickets. More information on
per-incident support and rates can be found at
http://www.odin.com/support/buy-support/
The support options listed above exclude administrative tasks. All administrative tasks are out
of Odin products scope and must be fulfilled by the server administrator. Please review the
below Odin Support options and find the support program that best suits your needs.
The Support code assigned to your Support contract is visible in our Request Tracker (RT)
interface at
https://support.odin.com/SelfService/
C
H A P T E R
2
8
Odin Support Programs
Odin Support Programs Tables
Odin Service Automation / OA Premium Support plans
Plan
TAM, hours
per week
Number of
Incidents
Initial Response
Time, hours
Time to Workaround,
hours
Silver +
5
50
Sev 1 – 4 hours
Sev 2 – 4 hours
Sev 3 – 8 hours
Sev 4 – 24 hours
Sev 1 – 24 hours
Sev 2 – 48 hours
Sev 3 – 96 hours
Sev 4 – n/a
Gold
10
100
Sev 1 – 2 hours
Sev 2 – 4 hours
Sev 3 – 6 hours
Sev 4 – 12 hours
Sev 1 – 6 hours
Sev 2 – 12 hours
Sev 3 – 48 hours
Sev 4 – n/a
Platinum
20
200
Sev 1 – 2 hours
Sev 2 – 2 hours
Sev 3 – 4 hours
Sev 4 – 8 hours
Sev 1 – 6 hours
Sev 2 – 12 hours
Sev 3 – 48 hours
Sev 4 – n/a
Diamond
40
(full-time)
Unlimited
Sev 1 – 1 hours
Sev 2 – 1 hours
Sev 3 – 2 hours
Sev 4 – 4 hours
Sev 1 – 2 hours
Sev 2 – 8 hours
Sev 3 – 48 hours
Sev 4 – n/a
OBAS, H-Shpere customers
Odin Support Programs
9
Odin Software Update Service (SUS)
Odin Software Update Service (SUS) is a part of our software maintenance program which
provides updates to new releases of Odin Business Automation Standard and H-Sphere. This
service allows you to upgrade your key to the latest product versions for free while SUS is
active.
With your initial purchase of Odin software, the SUS will be activated for one year, ensuring
that you will have the option to upgrade to the latest version of your licensed Odin software.
Prior to your first year purchase anniversary date, you will have an opportunity to renew your
SUS for 25% of the base retail price of your license key(s). This renewal is required to receive
updated keys and patch availability.
Here is a list of Odin Software Update Service (SUS) Details:
SUS is always included into the Lease licenses and is valid while a Lease key is valid. For
Purchased (Permanent) licenses, SUS is to be renewed.
Software Update Service (SUS) includes all Service Patches, Updates, and New Version
Releases for Odin Business Automation Standard and H-Sphere.
Valid Software Update Service (SUS) allows a customer to download all major
upgrades and updates for the software. SUS does not include any technical support
services or software installation services.
Software Update Service (1 year) is included in the Retail Price of the License.
SUS Renewal is OPTIONAL.
SUS can be RENEWED for 25% of the Retail Price prior to first year Expiration date (1
year from date of purchase) for an additional 1 year.
If SUS expired, it can be REINSTATED for 65% of the license key price for unlimited
domains.
Reinstated Odin SUS can be renewed for 25% of the current Retail Price.
For more information on Software Update Service (SUS) please check
10
Odin Support Programs
Technical Training
Odin offers standard training courses for the following products:
Odin Service Automation / Odin Automation Premium
Odin Automation Essentials
Plesk Automation
The courses are designed to train participants on the product's features, functions, installation,
configuration, and maintenance. Participants will obtain in-depth knowledge of the products
and the impact the products can have on their business. Participants can select from different
levels and types of training, including onsite classes or remote online sessions.
Each course taken also provides the chance to become certified for the particular Odin product
for which they have attended training. Our certification program is built around each of our
product suites and offers three levels of certification: Associate, Professional and Expert. More
information about the Odin Certification Program can be found here:
http://www.odin.com/odin-cloud-university/
Please note that the Business Automation and Operations Automation basic training is
mandatory for all Business Automation customers. The cost is included in the original price of
the product. Business Automation basic training can be upgraded to extend training at an
additional fee. To obtain more information about Odin's training courses or to register for a
course, visit our Technical Training Center (
In case none of the provided solutions in our Knowledge Base, Troubleshooter Assistant,
Documentation, or the Discussion Forums (pp. 5 - 6) helped you to resolve your issue, please
send a request (so-called ticket) to the Odin Support Team.
Prior to sending the request, please read the information in regards to the support request
policies.
Support Request Policies
In this section, you can find information on the incident deducting policy, one-ticket-per-issue
policy, support request severities, and support code.
Incident Deducting Policy
If you have a support contract or have purchased a support pack that includes a limited
number of incidents, one incident will be deducted from the contract when you create a ticket
via our ticketing system, call center, or chat.
Once an incident is deducted from your support contract, it cannot be credited back even if
the issue was resolved without technical support’s help. Also, the incident cannot be credited
if the issue is described in our Knowledge Base (see page 6) or was fixed in released patches,
upgrades, or major releases. All new support requests (such as consultations, configuration
questions, etc.) will trigger the incident deducting to occur.
An incident can be credited back to your support contract only in cases when it is confirmed as
a product bug or a known bug that was not fixed yet in any patches or major releases.
If you have created a request via the Online Sales team regarding your online order or any
licensing issue, the incident will not be deducted from your support contract.
One Ticket - One Issue Policy
According to general support rules, our customers should create separate tickets for each
individual issue or question. It is often difficult to trace the status of the original problem when
C
H A P T E R
3
12
Creating Support Requests
various independent requests are mixed in a single thread. A "one ticket - one issue” method
helps the support team to process support requests in a more efficient way.
Support Request Severities
Severity level indicates the relative impact of an issue on customer’s systems or business
processes. Odin support uses the following guidelines to evaluate the severity of support
requests:
Severity 1 (Urgent): A customer is unable to install and run the software because of
problems with a license key, the computer (server) fails to start, or the software
crashes and corrupts data. No workaround or immediate solution is available.
Severity 2 (High): A customer is unable to install and use a program component or a
feature described in the documentation. A temporary workaround may be available as
Odin attempts to resolve the issue.
Severity 3 (Normal): A customer is able to use the software; however, there is a partial
non-critical loss of functionality of the software.
Severity 4 (Low): A customer encountered a minor cosmetic issue, errors in the
documentation, or asks for information about software usage, enhancements, or
modifications.
The detailed severity definitions for OA, BA, OBAS products can be found
here
and the detailed
severity definition for Plesk Automation products can be found
here
.
Important: The selected severity should be reasonable. Support engineers may reduce the
severity of the ticket after your confirmation if it does not match the official definition.
Submitting Support Request
There are different ways to submit a Support request to Odin Support Team. You can choose
the one that suits you the best:
Create a request through the web form
Submit your request by phone
Creating Support Requests
13
Creating Requests via the Web Support Form
You can submit a support request to Odin Support Team via our web form. Prior to submitting
a request, please make sure that you have an active support contract on your product license
or support code.
To create a support request via the web form, please follow these
steps:
On the home page of the Support Portal (
http://www.odin.com/support/
), press Create
Support Request button. You will be taken to the Submit Support Request page. On this
page select the Odin Product with which you have an issue.
The list includes the whole line of Odin products.
On the Product Information step you will be requested to submit the details of the
request like the request type, the product version, the affected module etc. You can
choose answers from the respective drop-down menus. Then you will be redirected to
Search for a solution step where you can use error messages or other keywords to find
14
Creating Support Requests
After the search is submitted, you will see the list of relevant Knowledge Base articles for
the component and keywords you have used. Please look through them carefully. Most
likely, they will contain the solution for your issue, and you will avoid creating a request
that deducts from support contract total.
If you have found the solution to your issue in some of the suggested articles, click Yes,
please cancel this request button below the question “Did any of the articles above help you
resolve your request?” Otherwise choose the No, I still need help option and enter your
support code to continue.
Creating Support Requests
15
On the Steps to reproduce page enter problem description in detail. Make sure you fill in
all required empty fields and attach files if necessary.
16
Creating Support Requests
To reduce resolution time and avoid additional contacts from the Support team to clarify
the situation, please provide as much information as you can:
Issue description itself.
Current server and network configuration.
Exact error which appears in the product.
Exact error which appears in other logs.
All related log files (System/Event log, mail logs, database logs, apache/IIS logs).
Screenshots (if needed).
The exact time the error occurred.
Any specific information such as user/subscription IDs, affected mailboxes, and/or
domain(s).
Any KB articles that you have already reviewed as part of your troubleshooting process.
Describe the exact steps for reproducing the issue.
Describe the latest actions made on the server before the problem had occurred.
Describe the steps you tried to do to fix the issue.
When you click Continue you will be redirected to Server Access step where you will be
requested to provide the access data so an Odin Support Engineer can login to the affected
environment to investigate the reported issue.
Finally on the Contact Information step you can submit the contact detail so Odin
Support Team can contact you regarding the support request. Please provide a valid
phone number and the appropriate call level in order to make the communication the
most efficient. Select the ticket severity to reflect the issue scale and importance and
click Submit to complete the procedure.
Creating Support Requests
17
Upon submitting the request, you will receive a confirmation e-mail with the request ID
assigned to your request, ticket severity, and estimated response time. Please read
carefully all the data provided therein. This data will help you in further
communications with Odin Support Team.
Important: In all future correspondence regarding your current issue, always include the
request ID in the e-mail subject line.
Submitting Request by Phone
We provide phone support for questions about product functionality and known issues
covered in Odin Knowledge Base (see page 6) or to receive/provide updates to previously
submitted support requests. For support requests not covered by the Odin Knowledge Base or
known issues, we encourage you to submit requests via the Support Request Portal. This
ensures we have all required information to complete your request in a quick manner.
Prior to using our phone support, please make sure:
You have an active support contract on your support code or valid support options on
product license.
The phone support is covered by your support contract.
A current Request Tracker ID for your currently opened case.
To submit your support request over the phone, use any the following
phone numbers:
+1 (425) 484-0105 - International.
+1 (888) 882-0967 - Toll-free for US and Canada.
Additional contacts are located here:
http://www.odin.com/support/#tab2
If you have already created a ticket on the issue you want to solve, please enter the ticket
number during the call at the request of the phone menu system.
If you don't have a ticket on this issue, a ticket will be created automatically and its number
will be given to you.
Complex issues requiring investigation and Odin Technical Support Representatives work on
customer's server(s) can be reported by phone. Further work by Odin Technical Support staff
takes place offline. Per customer request, updates on work progress can be received either by
phone or e-mail.
18
Creating Support Requests
Purchasing Per-Incident Support Online
If you don't have an active support contract or valid support on your product license, you may
purchase per-incident support online and a support request will be created automatically
Before purchasing per-incident support, we highly recommend that you take advantage of our
Knowledge Base, Documentation, and Forums (pp. 5 - 6). These resources may lead directly to
the answers you need.
If none of the aforementioned resources help you to solve the issue and you still require
assistance from the Odin Support Team, you can buy per-incident support at
http://www.odin.com/support/buy-support/
. After we have confirmed your payment, you will
receive an e-mail from our support system with instructions on how to use the support
incident. Please note that once Odin Support starts working on the issue, your payment is
non-refundable.
Per-incident purchases cannot be credited back to your account and are intended for use
immediately after the incident has been purchased.
After you have created a support request (ticket), you can work with it in various ways:
Track the ticket status
Escalate the ticket
Technical Service Agreement
To be able to solve your issue, Support Representatives might need physical access to your
server or control panel. In this case, you need to sign our Technical Service Agreement. By
signing this Agreement, you authorize Odin to begin performance of the services or to
continue performing support services.
To sign the Technical Service Agreement, follow these steps:
Go to
https://www.odin.com/support/spf/
.
Fill in all required fields (the ones marked with asterisks). Please read the agreement
carefully and provide all necessary information.
Important: Close access to your server/service after your issue has been resolved.
Tracking Your Support Requests
If you place any support request (ticket) to Odin Support Team, you can check your request
and status directly in our Request Tracking system (RT) by yourself. RT also enables you to
resolve your tickets and open new ones.
Setting Up Access to Request Tracking Self-Service
Portal
To be able to work in Odin RT Self-Service, you need to Get Access.
To Get Access to RT, please follow these steps:
Go to
https://support.odin.com/
.
C
H A P T E R
4
20
The Support Request Workflow
Click follow this link below the login window.
Enter the e-mail address that was utilized for one of your existing tickets. If you have
not yet submitted any ticket, please see the Creating Support Request section of this
document.
Click Submit. RT will send you an e-mail with your activation link. If you do not receive
any e-mail within 30 minutes, try again or contact Odin Support.
Working With Support Requests in the Request
Tracking Self-Service Portal
In the Odin Request Tracking Self-Service Portal, you can track your existing tickets, resolve
them, or open new tickets.
To log in to Odin Request Tracking Self-Service, do the following:
Go to
https://support.odin.com/SelfService/
Enter your Username and Password.
In the Self-Service menu, you will see the following options:
Open tickets. This option allows you to filter currently open tickets.
Pending Confirmation / Closed tickets. This option allows you to filter closed tickets.
New ticket. This option takes you to creation of a ticket through the web form.
Search. This option allows you to search for tickets by their status and content.
The Support Request Workflow
21
Important: A ticket that has already been closed cannot be reopened.
Escalating Your Support Request
If there is a delay in response to your issue, you may escalate it by using the Escalate option in
Self-Service.
Note: The Escalate option will not appear until certain conditions are met as mentioned on pp.
8-9 according your support program and request severity.
Once you select Escalate, you are prompted to confirm the escalation and, as soon as it is
confirmed, a corresponding e-mail is sent to the Support Shift Manager on duty. The issue will
be evaluated, and you will be updated with the issue status at the earliest possibility.
You can also escalate a ticket by contacting Odin Support via phone if your support program
has Phone Support option included. More details on escalating tickets are provided in
https://kb.odin.com/en/5850
.
Support Request Resolution Policy
A support ticket is considered as closed in the following cases:
After you have confirmed that Odin Support Team has resolved your issue.
After Odin provided a solution, and we did not receive any further request for assistance
from you within 14 days of the resolution notification.
If Odin cannot resolve a certain issue or decides not to resolve it with acknowledgement
and agreement from your side.
Problem is a known bug, and a fix release is set for a later micro-update or revision of the
product.
22
The Support Request Workflow
Participating in Customer Satisfaction
Survey
Our current and future services are based largely on feedback from our customers. In addition,
your satisfaction with our services is the only way we measure our success. We conduct
customer satisfaction surveys that give you the opportunity to let us know how we are doing.
This is a key measure of our success.
After we have set the ticket to the Pending by Customer’s confirmation status, you will receive
a short e-mail with the link to the online survey form like below:
Please follow the link and answer a few questions regarding our support services. Your
feedback will help us improve our support and increase your success.
The survey form itself is very simple and intuitive.
You may submit the survey form after logging to Self-Service Portal
https://support.odin.com/
with your account (please refer to “Getting Access to Request Tracking Self-Service”) and
submit short surveys for all tickets using the “Submit selection” button or open a ticket and fill
in the detailed form, leaving your comment about Odin service.
The survey rate will show the percent of Pending for Customer’s confirmation tickets with
submitted surveys from you.
Prior to working with Odin products, please read the important legal information.
Product End-of-Life Policy
Odin, Inc is committed to providing high-quality, cost-effective solutions to our customers. To
this end, we have established an official Odin End of Life (EOL) policy.
Rapidly changing technologies as well as competitive pressures influence the level, timing, and
character of demand for a particular product or group of products. All of this drives the need
to introduce new products and services and to EOL older software revisions as well as
products.
Odin has adopted a policy for product EOL that includes the following elements:
Definition of Replacement Product (RP) if applicable
Internal Announcement of Withdrawal from Marketing (WFM) to all sales and distribution
channels
Determination of Last Customer Ship date (LCS)
Estimated End of Support date (EOS)
RPQ Options, if any, for extended product availability
Individual customers who may be affected by the Withdrawal from Marketing actions will be
contacted by the Odin Salesforce or Distributor partners. In addition, this website will list all
products and features which have been withdrawn or have a defined End of Support date.
Supported Software Releases
Odin will provide Software support for all Software for (a) the current Release and the greater
of (i) the two immediately preceding Releases or (ii) all Releases made available in the 12
months preceding the release of the then current Release.
Once a product has been withdrawn from Marketing, the maintenance coverage will continue
to be available up to the End of Support date. Our customers will be notified at contract
renewal of any maintenance price changes or support level changes. Formal notification will be
made to all maintenance-paying customers of record advising them of the EOS dates. Odin
appreciates your business and we hope to continue to serve you in the future.
C
H A P T E R
5
24
Legal Information
Maintenance Agreement
Most Odin software comes with a software maintenance agreement for the first year. This
software maintenance, sometimes called SUS or Software Update Service, can then be
renewed as an annual fee-based subscription for subsequent years, allowing the user
unlimited updates to latest version for the term of the subscription. These programs do not
cover fee-based add-ons or increased capabilities like managing more domains, etc.
End-User License Agreement
This End-User License Agreement (this “Agreement”) is a legal contract between you, as either an individual or an Entity (as defined below), and Ingram Micro Inc. and its subsidiaries (“Odin”).
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY, OR OTHERWISE ACCESSING OR USING ODIN’S PROPRIETARY SOFTWARE ACCOMPANIED BY THIS AGREEMENT (the “SOFTWARE”).
THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS AGREEMENT, NOT SOLD TO YOU. BY DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY, OR OTHERWISE ACCESSING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY, ORGANIZATION, EDUCATIONAL INSTITUTION, OR AGENCY, INSTRUMENTALITY OR DEPARTMENT OF A GOVERNMENT (AN “ENTITY”) AS ITS AUTHORIZED LEGAL REPRESENTATIVE, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, AND REFERENCES TO “YOU” HEREIN REFER TO BOTH YOU, THE INDIVIDUAL END USER, AND THE ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS AGREEMENT.
IF AT ANY TIME YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD CLICK THE “I DO NOT ACCEPT” OR SIMILAR BUTTON, TERMINATE THE DOWNLOAD AND/OR INSTALLATION PROCESS, IMMEDIATELY CEASE AND REFRAIN FROM ACCESSING OR USING THE SOFTWARE AND DELETE ANY COPIES YOU MAY HAVE. THIS AGREEMENT, ALONG WITH ANY ADDITIONAL TERMS OR POLICIES INCORPORATED HEREIN BY REFERENCE, REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND ODIN CONCERNING THE SOFTWARE, AND THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH ODIN RELATING TO THE SOFTWARE, WHETHER ORALLY OR IN WRITING.
1. License.
1.1. Grant of License. Subject to your full and ongoing compliance with the terms and conditions of this Agreement, including without limitation payment of all applicable license fees, the applicable Odin entity from which you obtained the Software hereby grants to you, and you accept, a personal, limited, nonexclusive, nontransferable (except as set forth in Section 1.6 below), non-assignable, revocable license to use the Software during the Term (as defined below) in machine-readable, object code form only, and the user manuals accompanying the Software (the “Documentation”), only as authorized in this Agreement. For purposes of this Agreement, the “Software” includes any updates, enhancements, modifications, revisions, or additions to the Software made by Odin and made available to end-users. Notwithstanding the foregoing, Odin shall be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the Software. 1.2 Scope of Use. Your license to use the Software is conditioned on the following license restrictions, and any use of the
Software in violation of any of these restrictions, or any of the other terms of this Agreement is a breach of this Agreement and is unlicensed. You may use one copy of the Software activated by a license key on a single device owned, leased, or otherwise controlled by you, at a single time (the “Authorized Device”). If you have multiple license keys for the Software, you may install and use as many copies of the Software as you have license keys, in each case, on an Authorized Device and only as authorized herein. For purposes of this Agreement, “use” of the software means loading the Software into the temporary or permanent memory of an Authorized Device. Installation of the Software on a network server solely for distribution to other computers is not “use” of the Software, and is permitted, provided that you have a valid license key for each Authorized Device on which the Software is installed. The Software may not be used on, distributed to, or installed on a greater number of computers than you have license keys. If you use or distribute the Software to multiple users, you must ensure that the number of Authorized Devices does not exceed the number of license keys you have obtained, or you will be in breach of this Agreement and such use and distribution is unlicensed.
Legal Information
25
1.3. Additional Terms. Depending on the country in which you are located, additional terms and restrictions may apply, as set forth in Exhibit A (the “Additional Terms”), which terms are incorporated by reference herein and made a part of this Agreement.
1.4. Evaluation Licenses. In the event you obtained a trial or evaluation version of the Software, it will come with a trial activation key that activates the Software for a limited time period (the "Trial Period"). You may use the Software during the Trial Period for internal noncommercial purposes, solely to evaluate the suitability of the Software for your needs. Upon the expiration of the Trial Period you must either purchase an activation key or destroy the Software, Documentation, all backup copies thereof, and all trial activation keys that you have obtained. If you do not purchase an activation key prior to the expiration of the Trial Period, this Agreement, and all your rights and licenses hereunder will terminate at the expiration of the Trial Period.
1.5. Copies and Modifications. Except and solely to the extent that such a restriction is prohibited under applicable law, you may not reverse engineer, decompile, disassemble, or otherwise translate the Software or any license keys you have obtained. You may not modify or adapt the Software or any license keys that you have obtained in any way. Any such copies of the Software, Documentation, or license keys shall include any copyright or other proprietary notices that were included on such materials when you first received them. Except as authorized in this Section, no copies of the Software, Documentation, or license keys, or any portions thereof, may be made by you or any person under your authority or control.
1.6. Assignment of Rights. You will not sublicense, lease, rent, or lend your rights in the Software, Documentation, or license keys, as granted by this Agreement, without prior written consent of Odin, except that you may transfer this Agreement in full in connection with the sale of all or substantially all of the assets related to this Agreement, provided that the assignee assumes all of your obligations hereunder, and the licenses granted hereunder will only extend to use of the Software on the Authorized Device on which the Software was installed immediately prior to the assignment. Odin may assign this
Agreement without limitation. Any assignment in violation of the foregoing shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
1.7 Support and Maintenance Services; Updates; Upgrades. Odin will not provide any support or maintenance services under this Agreement. You acknowledge that Odin has no express or implied obligation to announce or make available any updates, enhancements, modifications, revisions, or additions to the Software and that this Agreement does not give you any rights in or to any of the foregoing. Odin may offer support and/or maintenance services separately. If you have purchased Odin support and/or maintenance services with the Software, these services are provided to you under the terms and conditions accompanying the applicable service. Any supplemental software code or related materials that Odin provides to you as part of any support and/or maintenance services are considered part of the Software and are subject to the terms and conditions of this Agreement. If you purchase an upgrade (a new version of the Software) from a perpetual license to a newer version of the perpetual license, then your license keys to the prior perpetual license will continue to operate. However, if you purchase an upgrade from a perpetual license to a term-based license, then the license keys to the perpetual license will terminate upon activation of the term-based license.
2. Intellectual Property and Confidentiality.
2.1. Use Reporting, License Violations and Remedies. Odin reserves the right, and you authorize Odin, to gather data on key usage including license key numbers, Authorized Device IP addresses or other applicable device identifier (including MAC address or UDID), domain counts and other information deemed relevant, to ensure that our products are being used in accordance with the terms of this Agreement. Odin reserves the right to remedy violations of any of the terms of this Agreement immediately upon discovery, by charging the then current list price of unauthorized keys to the payment instrument used to make the original, authorized purchase, or by any other means necessary, including remotely disabling the Software. You agree not to block, electronically or otherwise, the transmission of data required for compliance with this Agreement. Any blocking of data required for compliance under this Agreement is considered to be violation of this Agreement and will result in immediate termination of this Agreement pursuant to Section 4.
2.2. License Expiration. Your license may include an expiration date that can result in the termination of the license. If your license key is stolen, or if you suspect any improper or illegal usage of your license outside of your control you should promptly notify Odin of such occurrence. A replacement license will be issued to you and the suspect license will be allowed to expire. For lease licenses, your monthly payment for each month must be processed prior to the expiration date in order for the license updates to be performed. For your convenience Odin may, but has no obligation to, provide license expiration warnings in the product interface. It is your responsibility to contact Odin regarding any potential expiration that you deem inappropriate. Odin shall not be liable for any damages or costs incurred in connection with the expired licenses.
2.3. Proprietary Rights to Software and Trademarks. You acknowledge that the Software and the Documentation are proprietary to Odin, and the Software and Documentation are protected under United States copyright and other intellectual property laws and international treaties. You further acknowledge and agree that, as between you and Odin, Odin and its third party licensors own and shall continue to own all right, title, and interest in and to the Software and Documentation, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Software or the Documentation or any other intellectual property rights of Odin, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Odin uses in connection with the Software or with services rendered by Odin are marks owned by Odin. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
26
Legal Information
2.4. Confidentiality. You shall permit only authorized users, who possess rightfully obtained license keys, to use the Software or to view the Documentation. Except as expressly authorized by this Agreement, you shall not make available the Software, Documentation, or any license key to any third party, or use the Software, Documentation, or any license key for any purpose other than exercising rights expressly granted to you hereunder. You agree to cooperate with and assist Odin in identifying and preventing any unauthorized use, copying, or disclosure of the Software, Documentation, or any portion thereof.
2.5. Consent to Use Data. You agree that Odin may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Software. Odin may use this information, as long as it is in a form that does not personally identify you, to operate, provide, improve, and develop our products, services and technologies, to prevent or investigate fraudulent or inappropriate use of our products, services, and technologies, for research and development, and for the other purposes described in this Agreement or to you as part of our products and services. Odin’s websites and online services may use “cookies,” which enable you to personalize your experience on Odin’s sites and provide information to Odin such as which websites have been visited and which ads and web searches are effective. If you want to disable cookies, check your browser settings. 2.6. Audit Rights. During the term of this Agreement and for two (2) years after termination or expiration of this Agreement, Odin
may audit, upon written notice to you, your books, records, and computing devices to determine your compliance with this Agreement and your payment of the applicable license fees, if any, for the Software. In the event that any such audit reveals an underpayment by you of more than five percent (5%) of the license fees due to Odin in the period being audited, or that you have breached any term of this Agreement, then, in addition to any other rights and remedies Odin may have, you will promptly pay to Odin any underpayments plus the cost of the audit.
3. License Fees. The Software will be available to you for use upon your receipt of one or more license keys. Upon acceptance of this Agreement, you may obtain one or more license keys by paying the requisite license fees, using the procedure set forth on Odin’s web site. License fees for term-based licenses are due prior to the commencement of the applicable term, and may be re-billed to the payment instrument you used for your initial purchase upon the commencement of any renewal term. Your license to the Software will termination automatically without notice if you notify Odin in advance that you do not intend to renew a term-based license or if you fail to pay a renewal fee for a term-based license. The license fees paid by you are paid in consideration of the license granted under this Agreement. License sales are final and Odin does not refund license fees under any circumstances. By accepting this Agreement you fully understand that once license fee payment is made to Odin you will have no recourse for receiving a refund of any part of the fees.
4. Term and Termination. This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, installing, accessing, and using the Software, even if you have not expressly accepted this Agreement. This Agreement shall continue in effect until expiration or termination as provided herein (the “Term”). Term-based licenses terminate upon the expiration of the prepaid term, unless you have paid all applicable fees to extend the term. Without prejudice to any other rights, this Agreement will terminate automatically without notice to you if you breach or fail to comply with any of the limitations or other requirements described herein, including the payment of any applicable fees, and you agree that in any such case Odin may, in addition to any other remedies it may have at law or in equity, remotely disable the Software. You may terminate this License Agreement at any time by providing written notice of your decision to terminate the Agreement to Odin and ceasing use of the Software and Documentation. Upon any termination or expiration of the Agreement for any reason, you agree to uninstall the Software and either return to Odin the Software, Documentation, all copies thereof, and all license keys that you have obtained, or to destroy all such materials and provide written verification of such destruction to Odin.
5. Indemnification You will, at your own expense, indemnify and hold Odin, and all officers, directors, and employees thereof, harmless from and against any and all claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses, including reasonable attorneys’ fees (collectively, “Claims”), arising out of any use of the Package (as defined below) by you, any party related to you, or any party acting upon your authorization in a manner that is not expressly authorized by this Agreement.
6. Third Party Software. The Software which is distributed to you may include various third party software components or software services ("Third Party Software" and together with the Software, the “Package”) which are provided under separate license terms (the "Third Party Terms"), as may be described in more detail in the “Notices.txt” file (if applicable) included in the Documentation. Information regarding Third Party Software included in the Package is also available on our website at
www.odin.com. You are permitted to use the Third Party Software in conjunction with the Software, provided that such use is consistent with the terms of this Agreement. You may have broader rights to use the Third Party Software under the applicable Third Party Terms. Nothing in this Agreement is intended to impose further restrictions on your use of the Third Party Software in accordance with any Third Party Terms. The Software may also enable interoperation with certain other third party operating systems and applications. Odin does not provide you with any such third party licenses and it is solely your responsibility to obtain all necessary software licenses from respective vendors.
7. Limited Warranty; Disclaimer; Limitation of Liability.
7.1. Limited Warranty. If you obtained the Software on physical media (such as a CD or DVD), Odin warrants for a period of 90 days from the date of purchase (referred to as the "Warranty Period") that the media on which the Software is delivered will be free from defects in material and workmanship. Odin will replace the defective media during the Warranty Period at no additional cost to you.
Legal Information
27
7.2. WARRANTY DISCLAIMER. EXCEPT FOR THE SOLE LIMITED WARRANTY EXPRESSLY GRANTED TO YOU IN SECTION 7.1, THE PACKAGE AND DOCUMENTATION ARE LICENSED “AS IS,” AND ODIN DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE FULLEST EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ODIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND FOR THE THIRD PARTY SOFTWARE, AND DOES NOT WARRANT THAT THE PACKAGE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE PACKAGE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS OR ERRORS IN THE PACKAGE WILL BE CORRECTED OR THAT THE PACKAGE WILL BE COMPATIBLE WITH FUTURE ODIN PRODUCTS, OR THAT ANY INFORMATION OR DATA STORED OR TRANSMITTED THROUGH THE PACKAGE WILL NOT BE LOST, CORRUPTED OR DESTROYED. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PACKAGE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE PACKAGE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE PACKAGE.
7.3. LIMITATION OF LIABILITY. IN NO EVENT SHALL ODIN BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER SUCH PECUNIARY LOSS), WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF ODIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ODIN’S TOTAL AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF ANY KIND ARISING HEREUNDER EXCEED THE AMOUNT OF LICENSE FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7.4. CERTAIN LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OR EXCLUSION OF CERTAIN TYPES OF WARRANTIES, DAMAGES, OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION 7 SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
8. General Terms
8.1. Feedback. If you provide any ideas, feedback, suggestions, materials, information, opinions, or other input to Odin (“Feedback”), regardless of any accompanying communication, Odin has no obligation to review, consider, or implement your Feedback, all such submissions are made on a non-confidential basis, Odin and its successors and assigns have an unconditional and unlimited right to use, reproduce, modify, and disclose such Feedback without any compensation or attribution, and you waive and agree not to assert any so-called “moral rights” you may have in the Feedback.
8.2. Governing Law and Choice of Forum. This Agreement shall be governed by and interpreted in accordance with the laws of the state of Washington, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the federal or state courts situated within the Western District of Washington. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
8.3. Severability. If any term or provision of this Agreement is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation. To the extent possible the provision will be interpreted and enforced to the greatest extent legally permissible in order to effectuate the original intent, and if no such interpretation or enforcement is legally permissible, shall be deemed severed from the Agreement.
8.4. Survival. Articles 3, 6, 8, and 9 of this Agreement and all Sections thereof, shall survive the termination or expiration of this Agreement, regardless of the cause for termination or expiration, and shall remain valid and binding indefinitely. 8.5. Headings. The Article and Section headings contained in this Agreement are included for reference purposes only and shall
not affect the meaning or interpretation of this Agreement.
8.6. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
8.7. Amendment. Odin reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement on www.odin.com, provided that disputes arising hereunder will be resolved in accordance with the terms of the Agreement in effect at the time the dispute arose. We encourage you to review the published Agreement from time to time to make yourself aware of changes. Material changes to these terms will be effective upon the earlier of (i) your first use of the Software with actual knowledge of such change, or (ii) 30 days from publishing the amended Agreement on www.odin.com. If there is a conflict between this Agreement and the most current version of this Agreement, posted at www.odin.com, the most current version will prevail. Your use of the Software after the amended Agreement becomes effective constitutes your acceptance of the amended Agreement. If you do not accept amendments made to this Agreement, then it is your responsibility to terminate this Agreement pursuant to Section 4.
28
Legal Information
taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of the transaction contemplated under this Agreement, excluding income taxes on the net profits of Odin. You shall reimburse Odin for the amount of any such taxes or duties paid or incurred directly by Odin as a result of this transaction, and you agree that Odin may charge any such reimbursable taxes to the payment instrument you used for your initial payment.
8.9. Export Controls. You may not use, export, re-export, import, sell or transfer the Software except as authorized by United States (U.S.) law, the laws of the jurisdiction in which you obtained the Software, and any other applicable laws and regulations. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also acknowledge that the Software may be subject to other U.S. and foreign laws and regulations governing the export of software by physical and electronic means. You agree to comply with all applicable U.S. and foreign laws that apply to Odin as well as end-user, end-use, and destination restrictions imposed by U.S. and/or foreign governments. You also agree that you will not use the Software for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.
8.10. United States Government Use Rights. The Software as defined herein and any related technical data, including manuals and Documentation, are commercial as defined in the Federal Acquisition Regulation (FAR) at 2.101. If the Software is acquired by or on behalf of an agency, department, or other entity of the U.S. Government (“Government”), the use, duplication, reproduction, release, modification, disclosure, or transfer (“use”) of the Software, and any related technical data of any kind, including manuals and Documentation, no matter how received by the Government, is restricted by the terms and conditions of this Agreement in accordance with FAR 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. All other use is prohibited.
8.11. Governing Language. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.
8.12. Trademark Notice
Odin, Service Automation and the Odin logo are registered trademarks or trademarks of Ingram Micro Inc., in the United States and/or other countries. All other trademarks referenced in the Software or Documentation are the property of their respective owners.
8.13 Contact Information. You may contact Odin for more information about the Software, other Odin products and services at Ingram Micro Inc., 3351 Michelson Drive, Irvine, CA 92612 or by visiting our website: http://www.odin.com.