Aerospike Premium Support and Maintenance Services Terms and Conditions
SLA’s and Escalation Procedure
These Support Maintenance Terms and Conditions – Premium Support (the “Support Terms”) apply to any licensee (“Licensee”) who is entitled to receive premium support services from Aerospike, Inc. (“Aerospike”) for specific Aerospike product(s) (the “Product”) pursuant to a written agreement between Licensee and Aerospike (an “Agreement”). To the extent Aerospike has become obligated for premium support and maintenance, the following will apply with respect to software Products so long as they remain Aerospike’s standard terms for premium support and the Licensee is in full compliance with the Agreement. Capitalized terms not defined in Section 4 below have the same meaning as in Aerospike’s standard Master License Agreement – Exhibit B.
1. Support and Maintenance Services. Support and Maintenance Services will be provided to the Designated Support Contact(s) (“DSC”), and consists of (a) Error Correction and Telephone Support concerning the installation and use of the then current release of a Product and the Previous Sequential Release, (b) E-mail Support, (c) Web Support, and (d) Product updates that Aerospike in its discretion makes generally available to its support and maintenance customers without additional charge.
2. Error Correction. Aerospike shall exercise best efforts to correct any Error reported by Licensee in the current unmodified release of Product in accordance with the severity level reasonably assigned to such Error by Aerospike, as further described in Table A: Performance Metrics below.
|Table A: Performance Metrics|
|Severity Level||Severity Level 1
|Severity Level 2
|Severity Level 3
|Aerospike Response Time||1 Hour||4 Hours||1 Business Day|
|Performance||The Parties agree that the expectation that the Licensee has of the Licensor is that the Licensor will meet these Performance Metrics 100% of the time. Licensor agrees that if the Licensor consistently underperforms as related to the expectations, Licensor and Licensee will engage in discussion to develop a mutually agreeable recovery plan.|
If Aerospike believes that a problem reported by Licensee may not be due to an Error in a Product, Aerospike will so notify Licensee. At that time, Licensee may (1) instruct Aerospike to proceed with problem determination at its possible expense as set forth below, or (2) instruct Aerospike that Licensee does not wish the problem pursued at its possible expense. If Licensee requests that Aerospike proceed with problem determination at its possible expense and Aerospike reasonably determines and Licensee agrees that the error was not due to an Error in the Product, Licensee shall pay Aerospike, at Aerospike’s then-current and standard consulting rates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith. Licensee shall not be liable for (i) problem determination or repair to the extent problems are due to Errors in the Product; or (ii) work performed under this paragraph in excess of its instructions; or (iii) work performed after Licensee has notified Aerospike that it no longer wishes work on the problem determination to be continued at its possible expense (such notice shall be deemed given when actually received by Aerospike). If Licensee instructs Aerospike that it does not wish the problem pursued at its possible expense or if such determination requires effort in excess of Licensee’s instructions, Aerospike may, at its sole discretion, elect not to investigate the error with no liability therefor.
3. Severity Levels.
Severity Level 1 and Severity Level 2 are available for production systems only. Licensor will provide a root cause analysis report on all Severity Level 1 (Critical) and Severity Level 2 (Major) ARs. Updates on analysis progress will be provided from Licensor to Licensee at mutually agreed upon intervals.
3.1 Escalation Procedure.
Management expertise and action may be required to ensure that ARs are brought to closure in a timely manner. When Restore or Resolution Times exceed the thresholds defined below in Table B, Licensor shall notify appropriate levels of management, and involve additional resources as required. Escalation time frames to various levels of management are determined by the requested prioritization of the AR. This procedure may also be used to highlight escalated issues to non-service groups within Licensor’s respective organization.
|Table B: Escalation Procedure Metrics|
|Licensor Escalation Level||1st Level||2nd Level|
|Name and Contact Info||
|Severity 1: Critical||2 Hours||4 Hours|
|Severity 2: Major||8 Hours||2 Days|
4. Exclusions. Aerospike shall have no obligation to support: (i) altered or damaged Products or any portion of a Product incorporated with or into other software; (ii) any Product that is not the then current release or immediately Previous Sequential Release; (iii) Product problems caused by Licensee’s negligence, abuse or misapplication, use of Products other than as specified in Aerospike’s user manual or other causes beyond the control of Aerospike; (iv) Products installed on any hardware that is not supported by Aerospike; or (v) third party products not provided by Aerospike. Aerospike shall have no liability for any changes in Licensee’s hardware that may be necessary to use Products due to a Workaround or maintenance release.
- “AR Status Updates” shall mean an update provided by Licensor to Licensee indicating the status of any open Assistance Request (“AR”), and issued at an agreed upon frequency.
- “Designated Support Contact” (“DSC”) shall mean an individual or individuals designated by the Licensee who has passed the Support Certification Exam found at the Aerospike Academy website https://www.aerospike.com/training/.
- “E-mail support” means ability to make requests for technical support assistance by e-mail at any time (with reasonable efforts by Aerospike to respond within one business day) concerning the installation and use of the then current release of a Product and the Previous Sequential Release.
- “Error” means an error in a Product that significantly degrades such Product as compared to Aerospike’s published performance specifications.
- “Error Correction” means the use of best efforts to correct Errors.
- “Fix” means the repair or replacement of object or executable code versions of a Product or documentation to remedy an Error.
- “Previous Sequential Release” means the release of a Product that has been replaced by a subsequent release of the same Product. Notwithstanding anything else, a Previous Sequential Release will be supported by Aerospike only for a period of twelve (12) months after release of the subsequent release.
- “Resolution Time” shall mean the interval from the time Licensee first opens the AR with Licensor to the time Licensor makes available a permanent solution to Licensee.
- “Response Time” shall mean the interval from the time Licensee first opens the AR with Licensor to the time when a knowledgeable Licensor person contacts Licensee to start work on the AR.
- “Restore Time” shall mean the interval from the time Licensee first opens the AR with Licensor to the time Licensor provides the means to return a system to operational status.
- ”Severity Level 1” (also known as “Critical”) means an Error that renders a Product inoperative.
- “Severity Level 2” (also known as “Major”) means an Error that renders a Product partially inoperative, but still usable by Licensee.
- “Severity Level 3” (also known as “Minor”) means an Error that degrades the performance of a Product, but the system is usable by Licensee with little or limited impact to the function of the system.
- “Severity Level 4” (also known as “Minimal”) means an Error that does not materially affect Licensee’s operations and does not render the Product unusable.
- “Telephone Support” means technical support telephone assistance available twenty four (24) hours a day, seven (7) days a week concerning the installation and use of the then current release of a Product and the Previous Sequential Release
- “Web Support” means information available on the World Wide Web, including access to product and support forums, frequently asked questions, product documentation and bug reporting.
- “Workaround” means a change in the procedures followed or data supplied by Licensee to avoid an Error without substantially impairing Licensee’s use of a Product.
THESE TERMS AND CONDITIONS CONSTITUTE A SERVICE CONTRACT AND NOT A PRODUCT WARRANTY. ALL PRODUCTS AND MATERIALS RELATED THERETO ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE AGREEMENT.