Cryptzone

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Support and Maintenance Terms and Conditions

These Support and Maintenance Terms and Conditions (the "Support Terms") will govern Cryptzone's provision of Support and Maintenance Services to Client solely when purchased by Client pursuant to an Order Form between Client and Cryptzone or Client and Reseller, as the case may be.

1 Definitions

All capitalized terms not defined herein shall have the meaning as defined under the Agreement.

1.1 "Appliance Box" shall mean the hardware on which the Cryptzone Software has been pre-installed by Cryptzone prior to being delivered to Client.

1.2 "Authorized Personnel" shall mean a limited number of Cryptzone personnel designated by Cryptzone in the performance of the Support Services.

1.3 "Client" shall mean the party designated as the client, customer or licensee on the applicable Order Form.

1.4 "Defect" shall mean a condition in the Cryptzone Software reported to Cryptzone that causes a Release of the Cryptzone Software to fail to function in material compliance with the Documentation (as defined in the License Agreement).

1.5 "Eligible Callers" shall mean the three (3) to five (5) members of Client's own technical staff, who will provide support to their end-users. "Eligible Callers" shall be the only contact persons within Client allowed to communicate with the Authorized Personnel in connection with request for. or performance of, the Support Services.Client must provide Cryptzone with a list of all Eligible Callers which Client may change from time to time by providing advance notice to Cryptzone

1.6 "Maintenance and Support Fee" shall be the amount to be paid for Cryptzone's provision of Support Services to Clients set forth herein.

1.7 "Maintenance Releases" shall consist of a cluster of Patches and any new functionality which does not materially affect the use of the Cryptzone Software.

1.8 "New Releases" shall be any and all new releases of the Cryptzone Software.

1.9 "Order Form" shall mean the written order form or other ordering documentation for the purchase of Support Service.

1.10 "Patch" shall mean a temporary modification in a Technical Update.

1.11 "Release" means a New Release, Version Release or Maintenance Release.

1.12 "Reseller" shall mean an authorized reseller of the Cryptzone Software.

1.13 "Resolution" shall mean the provision of a permanent solution to a Defect. "Support Hours" shall mean the hours of the day and week when Cryptzone (and Reseller, if applicable) will work on and provide the Support Services.

1.14 "Support Level" shall mean either Support Normal or Support Plus as specified on the applicable Order Form and as described more fully herein.

1.15 "Support Request" shall be a request from Client to Cryptzone (or Reseller if applicable) to provide Resolution of a Defect.

1.16 "Support Services" shall mean the maintenance and support furnished by Cryptzone (and Reseller if applicable) to Client, with respect to Defects in the Cryptzone Software as more fully described herein.

1.17 "Technical Updates" shall be patches and workarounds. A technical update is usually included in the next Version Release.

1.18 "Vendor" shall mean either Cryptzone or Reseller, the party invoicing the Client for the Support Services.

1.19 "Version Releases" will include significant new functionality that may affect the way a user/administrator performs a task in the Cryptzone Software i.e. a new AppGate client. The "Version Release" may include changes which are normally included in a "Maintenance Release".

1.20 "Workaround" shall mean a temporary solution which restores operational capability of the Cryptzone Software, without severely compromising the performance of the Cryptzone Software.

1.21 "1st Line Support" requires familiarity with the Cryptzone Software at a block diagram level, and the ability to identify the components, their purpose and their interaction with other applications. 1st Line Support personnel should understand what questions to ask and what files to gather to troubleshoot problems. 1st Line Support includes receiving requests from Client's Eligible Callers, gathering the appropriate information regarding each request, entering the request in a customer support database, and making initial assessments as to the nature of the problem reported. If applicable, the no shall provide 1st Line Support, unless otherwise agreed in writing with Cryptzone, and if any problem requires 2nd line or 3rd Line support, then the Reseller's role shall be to facilitate the communication between the Cryptzone and Client.

1.22 "2nd Line Support" requires the service personnel to have installed and/or configured the Cryptzone Software and that they can handle basic installation and configuration issues. 2nd Line Support personnel should be capable of setting up a lab environment to reproduce and debug customer issues. 2nd Line Support includes diagnosis of the problem via local and remote procedures and using all commercially reasonable efforts to provide end user with a workaround solution (if no immediate correction is available).

1.23 "3rd Line Support" requires significant experience in installing and configuring the Cryptzone Software and the ability to make the Cryptzone Software work in more complicated situations. 3rd Line Support personnel should be able to handle the majority of complex issues related to installing, configuring, and operating the Cryptzone Software. 3rd Line Support includes resolving any Cryptzone Software and Documentation Defects and non-defect issues requiring engineering level expertise of the Cryptzone Software.A "Cryptzone Software Defect" is defined as a problem in the software code provided by Cryptzone. A "Documentation Defect" is defined as a problem in the documentation that accompanies the Cryptzone Software.

1.24 "Defect" Severity Levels

5

"Critical"

Error or fault with the Cryptzone Software or Subscribed Services (as defined in the Hosting Services Agreement, if applicable), which is causing severe impact to Client operations. There is no circumvention for the problem. A significant number of users are affected, the Cryptzone Software or Subscribed services are unusable, or the system is down.

4

"Major"

Error or fault with the Cryptzone Software or Subscribed Services causing substantial performance degradation. An alternative method of operation within the Licensed Software or Subscribed Services may be available but difficult to use. The defect impacts the Cryptzone Software or Subscribed Services' reliability and long term productivity might be adversely affected.

3

"Minor"

Problem or request with low operational impact on Cryptzone Software or Subscribed Services. Workarounds are generally available. These defects may be dealt with by Patch, by Workaround or in the next [Version] Release.

2

Usage questions, clarification of documents

1

Suggestions; requests for new features and enhancements

2 Content of Maintenance Services

2.1 Lines of Support Services

Either Cryptzone or Reseller, as specified in the Order Form, shall provide the Client's Eligible Callers with 1st Line Support. Cryptzone shall provide 2nd and 3rd Line support to the Client. The hour below stipulates the time that Cryptzone will supply 2nd and 3rd Line Support to the Client.

2.2 Coverage conditions

The Support Hours depend on the Support Level agreed upon, namely Support Normal or Support Plus.

2.2.1 Support Normal:

For US the hours are 9AM – 6PM Eastern Standard Time Monday to Friday except for National Holidays.

For EMEA the Support Hours for a Support Normal agreement is business hours 09:00 – 18:00 CET Monday to Friday except Swedish National Holidays.

2.2.2 Support Plus:

Cryptzone will keep support staff on call outside the Support Normal hours at telephone +46 31-773 86 90 (Sweden), +1-888-533-6365 (North America), +972-376 306 45, (United Kingdom) and will monitor its voice mail and SMS. There is no 24 hour replacement guarantee on hardware, please see Section 8.

2.3 Supported Versions

Cryptzone will provide Support Services on the two (2) latest available Cryptzone Software Version Releases (current and previous), except:

  • commencing one (1) year after the Release of the then-current version, support for the previous version will be limited to ONLY the final Maintenance Release of that previous Version;
  • a Version Release should be understood to constitute notice that Cryptzone will only provide support for a maximum of 6 months on versions other than the then-current and previous versions (i.e., only 6 month on the version that had been the "previous" but now no longer occupies that status);
  • if there are any exceptions to the above, Cryptzone will post notice of such exceptions on the Cryptzone website 6 months prior to expiration of the applicable Support and Maintenance Services; and
  • Cryptzone will not provide Support Services for any Release that is older than two (2) years. Normally Cryptzone delivers no more than one (1) Version Release per year.

2.4 Support Restrictions

Where a VM appliance is being used to run any Cryptzone Software:

2.4.1 Once the Cryptzone Software is running within a supported host VM and is reachable from a remote terminal then it is supported.

2.4.2 However the following areas are NOT included in the Support Services provided by Cryptzone:

  • The host machine hardware and software.
  • The VM software itself. The VM must be installed configured and properly functioning.
  • Any issues relating to the through-put/performance or maximum number of concurrent users other than when running alone on a clean/virgin VM.
  • Any known good working instance of the Cryptzone Software which is 'broken' by an upgrade to the VM or a change to the host's software/hardware.

2.5 E-mail and Telephone Assistance

2.5.1 For Client with a Support Normal agreement all Support Requests using e-mail: support@cryptzone.com and/or telephone: +46 31-773 86 90 (Sweden), +1-888-533-6365 (North America), +44-800 680 0657 (United Kingdom) and/or http://support.cryptzone.com during the times specified in Section 2.2 herein.

2.5.2 For Client, with a Support Plus agreement, all Support Requests regarding severity level 4 or 5 cases made outside of Swedish business hours must be made using voice to telephone +46 31-773 86 90 (Sweden), +1-888-533-6365 (North America), +44-800 680 0657 (United Kingdom) to alert support staff on call. Additionally, a request using e-mail: support@cryptzone.com is also mandatory and required.

2.5.3 Any call by Client to Cryptzone for a problem shall be confirmed with a written service request that includes examples, information and/or documents as reasonably necessary to Cryptzone.

2.5.4 Cryptzone shall provide e-mail or telephone assistance services according to above-mentioned coverage conditions in Section 2.2.

2.5.5 This service enables Client to obtain assistance in identifying and finding the causes of an alleged Defect in the Cryptzone Software and in providing the appropriate solution, corrective action or other bypass of such Defect as soon as possible.

2.5.6 Unless otherwise agreed in writing by Cryptzone, only Eligible Callers shall be authorized to contact Cryptzone.

2.6 Electronic assistance

Client shall use the e-mail provided by Cryptzone and follow the instructions on the support pages found on www.cryptzone.com/support/.

Unless otherwise notified, Cryptzone's electronic address shall be support@cryptzone.com. All e-mails sent to support@cryptzone.com will be registered in the Cryptzone support database. The conditions of such service provided by Cryptzone should be identical to those described in Section 2.2.

3 Supply of New Releases of the Cryptzone Software

Cryptzone shall promptly inform Client of any New Releases of the Cryptzone Software and will deliver the master, object code copy for such New Release to Client as long as Client is current in its payment of the Support and Maintenance Fee. It shall be Client's sole responsibility to provide its authorized end users with Technical Updates, Maintenance Releases and Version Releases of the Cryptzone Software.

Cryptzone will provide such notification to Client by email (so long as Client has provided a correct email address, and published online on Cryptzone's resource center).

Cryptzone may provide free upgrades of the Cryptzone Software versions in its sole discretion solely if ALL below criteria are met:

  • Client's then-currently licensed Cryptzone Software is not older than the latest published version at the time the Client signs the Agreement.
  • The Cryptzone Software to be used for upgrade is not newer than the expiration date of the Agreement.

4 Communication between the parties

4.1 Contact Persons

The Authorized Personnel shall be the only employees within Cryptzone who are authorized to communicate with the Eligible Callers. In addition hereto, in order to ensure the daily performance of Support Services, each party agrees to appoint back-up Eligible Callers and Authorized Personnel.

4.2 Contact Means

Contact between Cryptzone and Client shall be through e-mail or telephone in accordance with the terms described herein.

5 Service Requests

An Eligible Caller can place his Support Request with a Defect report to the Authorized Personnel by e-mail or by telephone in accordance with the terms contained herein. With its Support Request, the Eligible Caller will provide the type of Defect or event (critical, major or minor according to Section 1.22) and a Defect report enclosing results of Defect analysis with all the reasonable information to enable Cryptzone to carry out the Support Services, without undue delay. The Eligible Caller shall:

  • ensure that the Defect is coming from Cryptzone Software and is not generated by some other cause or reason; and
  • take reasonable means to qualify and characterize the Defect.

6 Response to Service Request

Cryptzone will acknowledge receipt of the Services Request and of Defect report by e-mail in the response time set out in Section 7 below by issuing: a) a unique Services Request identification number, b) confirmation of the Defect sent in the request and c) (if applicable) the request for further information. During the performance of the Support Services, the communication processes described herein will apply until the Resolution or closure of the Services Request has occurred.

7 Response time and problem resolution times and deliverable's

7.1 Response Time and Progress Update

Cryptzone shall provide Support Services in accordance with the following service level information:

7.1.1 Initial Response:

Time needed to handle a Service Request in order to provide either a first response, or a mutually agreed to action plan to resolve the issue ("Action Plan"). An Initial Response log is tracked in the support help desk tool.

7.1.2 Progress Update:

State of progress according to the steps described within the Action Plan; the Progress Update is evidenced by a communication between Cryptzone and Client and a log is tracked in the support help desk tool.

All problems reported by Client and considered by both parties as Defects must be categorized under this Section 7. Both parties agree on the following objective for Initial Response and Progress Update:

Service Request Priority

Initial Response

(Support Hours)

Progress Update

(Support Hours)

Incident Resolution objective

Critical (5)

4 hours

4 hours

Cryptzone will use reasonable efforts to continue to work on the Defect until such Defect is resolved or a Workaround is provided.

Major (4)

8 working hours

2 days

Cryptzone will use reasonable efforts to resolve the Defect, or provide a workaround, in 3 business days.

Minor (3)

2 days

3 working days

Cryptzone will use reasonable efforts to resolve the Defect in 15 business days.

Other (2&1)

3 days

5 working days


The above time frames start from receipt by Cryptzone of a Services Request with all the necessary and appropriate information attached for Defect reproduciblity.

Cryptzone will use its commercially reasonable efforts to achieve the above resolution commitments so that the end user's system can be operational.

If an issue is not solved in the time agreed, a post mortem will be discussed between Client and Cryptzone, involving Cryptzone directors to assess possible process failures or responsibilities.

Cryptzone shall not be liable for: (1) any loss or damage arising out of faulty hardware or hardware failure, (2) Client's operation of an application developed using the Licensed Software; (3) Client's use or combination of the Licensed Software or Subscribed Services with other products not furnished by Cryptzone; (4) Client's use of modified, superseded, or otherwise altered version of the Licensed Software or Subscribed Services; (5)Client's use of Licensed Software version other than supported versions as specified herein; (6) Client's use of the Cryptzone Software or Subscribed Services not in accordance with the terms of the License Agreement; and (7) Client's negligence or willful misconduct.

8 AppGate Appliance Box

This Section 8 is only applicable if Client has purchased an AppGate Appliance or Satellite Box.

If the Client believes that the Appliance Box is failing, the problem shall be reported to Cryptzone as with any other software problem. The hardware must be diagnosed and components within the Box or the entire Box may need replacing. If Cryptzone agrees that replacement is appropriate, it will replace Client's components or Box with direct equivalents. The replacement hardware will be shipped within 72 hours after Client and Cryptzone have agreed that the reported problem in question is with the hardware and not the software.

8.1 Client has to reconfigure the replacement Appliance Box with the latest available backup of the faulty Appliance Box. The Client shall ship the possibly faulty hardware to Cryptzone within 14 days after the replacement Appliance Box has been delivered to Client.

8.2 If Cryptzone cannot supply an equivalent or better Appliance Box to replace Client's faulty hardware, a temporary Appliance Box will be delivered to Client. As soon as Cryptzone has been reasonably able to obtain hardware that is equivalent to the possibly faulty hardware, this replacement hardware will be pre-installed as an Appliance Box and delivered to Client.

8.3 Client shall return the temporary Appliance Box to Cryptzone no later than 14 days after the replacement Appliance Box has been delivered to Client.

8.4 Cryptzone shall not be liable for any loss or damage arising out of a faulty hardware or hardware failure.

8.5 Where the AppGate Appliance Box is:

8.5.1 Less than 3 years old from the date of purchase, the costs of components, temporary and replacement Appliances Boxes are borne by Cryptzone.

8.5.2 Between 3 and 4 years old from the date of purchase, the costs of components are borne by Cryptzone. However where reasonable endeavors by Cryptzone have not been able to fix the faulty hardware (such as lack of availability of components) then the cost of any replacement or temporary Appliances Boxes are borne by the Client.

8.6 When the Satellite Box is over 2 years from date of purchase the Client is responsible for ensuring that the battery of the Satellite Box is replaced and/or maintained. The Client can request assistance from Cryptzone to buy and/or change batteries but all related costs are borne by the Client.

9 Obligations of Client

Client must:

  • inform end-users about Documentation and material compliance hardware environmental conditions, as well as resolutions and conclusions and ensure that its end-user comply with same;
  • immediately inform Cryptzone in writing of any Defect in the Cryptzone Software which Client notes or is informed of;
  • communicate any necessary document or information reasonably requested by Cryptzone so that Cryptzone can provide its Support Services;
  • use its best efforts to reproduce on platform, the circumstances in which the Cryptzone Software was used when the Defect appeared, as well as the Defect itself; and
  • be responsible for performing backup of existing systems. Failure to do so may cause Client to lose important information and configuration for a restoration of the system.

10 Services Excluded

Client may, at any time, ask for additional Support Services or extensions to the Support Services. Cryptzone may provide such additional services to Client according to prices set forth by Cryptzone from time to time and in accordance with a Change Order. In such case, Cryptzone shall, together with Client, examine the compatibility of such services requested with those already provided and with the conditions attached thereto.

Likewise excluded from the scope of these Support Terms, are maintenance and support services required because of:

  • A Defect in a product which is not licensed to Client by Cryptzone;
  • the use of media, accessories and consumables which do not comply with the Documentation recommended in writing by Cryptzone for use of the Cryptzone Software;
  • any natural disaster, lighting or electrical power cut, flood, fire, strike, rebellion, war and, more generally, any case of force majeure; and
  • any Defect in the Cryptzone Software due to a modification, alteration or transformation of the Cryptzone Software and/or the environment of Cryptzone Software, hardware, files or databases associated with the Cryptzone Software made by any party other than Cryptzone.

The following table outlines additional areas which are included and excluded under these Support Terms.


Included

Excluded

Deployment Advice


Given the unique nature of each installation, all specific deployment advice is considered to be consultancy.

Customer Data


Off-appliance handling of configuration data, scripts and all backups.

Installation/ Upgrades

Specific issues or errors during a product installation or upgrade.

Talk through of a product installation/upgrade, or a number of calls equivalent to an entire install.

Operational Issues

Product faults and errors

Performance issues

Specific events

Product enquiries

Integrated 3rd party software

Training

Changes to the environments

Hardware

Appliances and all Cryptzone hardware related issues (HW replacement support is 3 years)