EXHIBIT B
SOFTWARE SUPPORT SERVICES 1. SCOPE
This Exhibit B sets forth the terms and conditions under which SevOne will provide Software support services purchased by Customer pursuant to the Agreement or a purchase order.
2. PERIOD OF SOFTWARE SUPPORT SERVICES AND PAYMENT OF FEES
SevOne will provide Software support services on an annual basis, commencing from the date of delivery of the Software.
Customer shall pay to SevOne the Maintenance and Support Services fee set forth in in the applicable Order for a period of twelve (12) months from the effective date of the Agreement. Maintenance and Support Services will automatically renew for additional twelve (12) month periods unless terminated by Customer with written notice delivered to SevOne at least thirty (30) days prior to the automatic renewal date. Maintenance and Support Services will be priced at 18% of SevOne’s then current standard license fees, provided however that in no event shall Maintenance and Support Services fees relating to the license purchased by the Customer on effective date increase by more than 5% from year to year. 24 x 7 support is available for a 3% premium. Payment is due thirty (30) days from the date of invoice. 24 x 7 support covers only Critical and High level problems as defined in the Technical Support SLO below. In the event that Maintenance and Support Services is discontinued or suspended by the Customer, then to reinstate or renew Maintenance and Support Services, Customer must first pay SevOne Maintenance and Support Services fees for the interim period during which Maintenance and Support Services was discontinued or suspended and SevOne may in its sole discretion elect not to accept such renewal or reinstatement.
3. SOFTWARE SUPPORT SERVICES DESCRIPTION 3.1 During the Maintenance and Support Services period:
(i) SevOne shall (a) repair or replace defective media on which any Software is furnished, caused by defects in materials and workmanship under normal use, and (b) use commercially reasonable efforts to correct or modify any Software so as to conform in all material respects with the then-current
Documentation. In this regard, SevOne may provide Updates, correct or modify the documentation, or provide a Permanent Solution or Work Around (as further described in Section 5 below) to the Software, all at no additional charge to Customer. SevOne does not warrant that Customer’s use of the Software will be uninterrupted or error free.
(ii) SevOne will provide Customer with Updates for the Software at no additional charge. Updates may be made available electronically.
(iii) SevOne will provide telephone support to Customer on non-conformance issues relating to the Software during Business Hours. In addition, SevOne will provide Customer with access to its Online Support and Knowledge Base systems.
3.2 If SevOne determines that a problem is not due to non-conforming Software, and if Customer requests and SevOne agrees to provide the requested service, including liaising with other hardware or software vendors, SevOne reserves the right to charge its then applicable Services fees for such corrective or liaison services.
4. PROBLEM REPORTING
In the event Customer encounters a problem with the Software, Customer shall notify SevOne’s service center by telephone or by logging into support.sevone.com and shall provide (i) a description of the problem encountered and how to repeat the condition which brought about the problem, (ii) Customer details, such as contact name(s) and telephone number(s), and (iii) Hardware serial number. SevOne shall identify each outstanding non-conformance issue with a unique case number for tracking purposes and shall communicate the case number to Customer.
5. DELIVERY OF PERMANENT SOLUTIONS AND WORK AROUNDS
5.1 Permanent Solutions: SevOne shall use commercially reasonable efforts to deliver a Permanent Solution to Customer in SevOne’s next regularly scheduled Update. A Permanent Solution may include a patch, if such patch can be deployed in the Software without affecting service or operation. If such a patch cannot be provided, SevOne shall use commercially reasonable efforts to provide a Work Around.
5.2 Work Arounds: A Work Around may consist of a patch or instructions on how to avoid the problem. If possible, a Work Around shall be capable of being installed, without undue interruption or degradation of service or operation, in the Software.
6. EXCLUSIONS
SevOne shall not be obliged to provide Software support services that are required by any of the following:
(i) an Unusual Circumstance, (ii) third party hardware or software.
The costs of configuration (after initial base configuration), reconfiguration, installation, de-installation, certification, supplies, accessories, media (unless covered by Section 3.1(i)(a) above) and other expendables are also excluded and will be charged at SevOne’s standard rates.
In addition, Maintenance and Support Services fees do not include fees due for updated, upgraded, or replacement Hardware, which are the responsibility of Customer.
Further, Maintenance and Support Services are provided only for the standard version of the Software made generally available by SevOne and do not apply to any Customer-specific configurations that may be provided by SevOne to Customer as part of professional services or to any configuration implemented by Customer, except for those implemented in accordance with the functionality set forth in the Documentation. Any provision of Maintenance and Support Services by SevOne for Customer-specific configurations provided as part of a professional services engagement shall be the subject of a separate fee, to be agreed by the parties in writing.
7. HARDWARE SUPPORT
SevOne provides hardware support through the Dell “ProSupport for IT with Same-Day Response / 4-Hour Onsite Service After Remote Diagnosis” for five (5) years from the effective date of the Agreement. This support includes:
Telephone Support: SevOne will provide initial telephone support during normal Business Hours. SevOne will contact Dell Direct telephone access as necessary where SevOne is unable to correct a particular hardware issue. SevOne will, when necessary for escalated Hardware support issues, coordinate collaboration between Customer’s trained IT staff to Dell’s global Expert Center staffed by senior-level analysts for troubleshooting assistance of hardware and software issues, but SevOne will remain involved and in contact with Customer to ensure timely resolution
Type of On-Site Response directly by Dell: 4-Hour On-Site Service*
* Availability may vary by region/location
Dell On-site Response Time: A Dell technician usually arrives on-site within 4 hours after completion of telephone-based troubleshooting for Mission Critical Severity Level 1. However, SevOne is not responsible, nor assumes any liability, for Dell’s failure to provide any on-site assistance as set forth herein.
Any concern or dispute regarding Dell’s direct support obligations to Customer shall be resolved solely between Dell and Customer.
8. HARDWARE REFRESH POLICY
Customer shall, three (3) years after initial delivery of any hardware by SevOne, begin to plan for and allocate amounts necessary for subsequent refreshing of the hardware. SevOne recommends that before the expiration of the five (5) year warranty from Dell, Customer completes a refresh of all hardware subject to any such warranty expiration.
However, if Customer is upgrading to a higher functional release of the Software, SevOne requires Customer to refresh its hardware if the hardware is no longer covered by the original five (5) year warranty.
If Customer has a PAS-HSA pair, Customer must also refresh their hardware if:
i. Adding a new machine to the PAS-HSA pairing hardware results in different hardware configurations with respect to the old and new hardware (i.e. both must have the same model number).
ii. If older hardware experiences a hardware failure, and is under warranty and is replaced, but the replacement hardware causes differences in the hardware configuration between the replaced hardware and other of Customer’s existing hardware, please contact SevOne Support Management to determine options for resolution.
Technical Support SLO
Product support engineers are available via telephone and email. Telephone support is available from 8.00 a.m. to 8:00 p.m. in the known time zone of the Cluster Master (based on information provided by Customer in writing), Monday through Friday (excluding SevOne holidays). Product support is available by telephone at (302) 319-5400, ext 2. Access to Online Support and Knowledge Base systems is available 24x7 at http://www.sevone.com/support
In all cases, SevOne operates remote analysis and remedial services via secure Webex or VPN connection.
Customer must provide appropriate remote access in order for SevOne to be able to provide support.
SevOne reserves the right to reclassify a ticket to its appropriate severity level based on the problem information provided by the Customer.
Additional SevOne Support Offerings Critical Off Hours Support:
SevOne offers off hours support for severity critical issues. Unless Customer has paid for premium Support and Maintenance Services, initiating a call to Critical Off-Hours Support is billable at a rate of $200 per hour.
Severity Level Problem Response Time
Low
You are requesting some additional information about our products that is not available either on our Web site or in the product documentation and knowledge base
articles.
Example: "Please could you tell us how to produce a report that has the following attributes?"
48 Hours
Low
You are asking a detailed question about a feature or platform support for one of our products.
Example: "Are you able to monitor the disks of a Linux based server?"
48 Hours
Medium
You are reporting a problem with a SevOne product that does not affect its main features.
Example: "Email reports are not being delivered."
8 Hours
High
You have encountered a problem with a SevOne product that prevents its main features from working. The product cannot be used as described in its documentation.
Example: "I am unable to graph device statistics."
4 Hours
Critical SevOne appliance is unresponsive/down.
Example: "I cannot ping/connect to the SevOne box." 2 Hours
Change Request
You require a configuration change for your SevOne system.
Examples: Change the IP address of an appliance, remove a peer from a cluster, schedule Software upgrade
Change complete: 7 business days
6 Hours (Scheduled)
Device Certification
Any new device types that are not fully-supported by SevOne out of the box will be certified (their MIBs will be analyzed and configured by SevOne) within 10 business
days as part of our standard support.
Certification complete: 10 business days
8 Hours
Scheduled Off Hours Maintenance:
Software Upgrades provided during Business Hours. If Customer desires to have Upgrades delivered off hours, Customer can schedule a mutually agreeable date and time to have SevOne support perform the Upgrade during off hours. This time is billable at a rate of $200 per hour, with a 2 hour minimum.
Exporting Hardware:
Customers who purchase ship Hardware outside the United States are responsible for informing SevOne of the transfer. It is important that SevOne have this information to ensure continuity of Hardware support.
