Support and Maintenance Services Terms and Conditions

To the extent Cyral has become obligated for support and maintenance, the following will apply with respect to software Products so long as they remain Cyral’s standard terms and the Licensee is in full compliance with the Agreement. Capitalized terms not defined in Section 5 below have the same meaning as in Cyral’s standard Software License Terms.

1. SUPPORT AND MAINTENANCE SERVICES. Support and Maintenance Services consist of (a) Error Correction and Telephone Support provided to a single consistent technical support contact 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 Cyral in its discretion makes generally available to its support and maintenance customers without additional charge.
2. ERROR PRIORITY LEVELS. Cyral shall exercise commercially reasonable efforts (up to [16] hours per month) to correct any Error reported by Licensee in the current unmodified release of Product in accordance with the priority level reasonably assigned to such Error by Cyral and in accordance with the target response times as set forth in Table B of Schedule 1.
   
   If Cyral believes that a problem reported by Licensee may not be due to an Error in a Product, Cyral will so notify Licensee. At that time, Licensee may (1) instruct Cyral to proceed with problem determination at its possible expense as set forth below, or (2) instruct Cyral that Licensee does not wish the problem pursued at its possible expense. If Licensee requests that Cyral proceed with problem determination at its possible expense and Cyral determines that the error was not due to an Error in the Product, Licensee shall pay Cyral, at Cyral’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 Cyral 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 Cyral). If Licensee instructs Cyral that it does not wish the problem pursued at its possible expense or if such determination requires effort in excess of Licensee’s instructions, Cyral may, at its sole discretion, elect not to investigate the error with no liability therefor.
3. EXCLUSIONS. Cyral 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 Cyral’s user manual or other causes beyond the control of Cyral; or (iv) Products installed on any hardware that is not supported by Cyral. Cyral shall have no liability for any changes in Licensee’s hardware which may be necessary to use Products due to a Workaround or maintenance release.

1. DEFINITIONS

1. “E-mail support” means ability to make requests for technical support assistance by e-mail at any time (with reasonable efforts by Cyral to respond within one business day) concerning the installation and use of the then current release of a Product and the Previous Sequential Release.
2. “Error” means an error in a Product which significantly degrades such Product as compared to Cyral’s published performance specifications.
3. “Error Correction” means the use of reasonable commercial efforts to correct Errors.
4. “Fix” means the repair or replacement of object or executable code versions of a Product or documentation to remedy an Error.
5. “Previous Sequential Release” means the release of a Product which has been replaced by a subsequent release of the same Product. Notwithstanding anything else, a Previous Sequential Release will be supported by Cyral only for a period of twelve (12) months after release of the subsequent release.
6. “Priority 1 Level Error” is as set forth in Table A of Schedule 1.
7. “Priority 2 Level Error” is as set forth in Table A of Schedule 1.
8. “Priority 3 Level Error” is as set forth in Table A of Schedule 1.
9. “Priority 4 Level Error” is as set forth in Table A of Schedule 1.
10. “Telephone Support” means technical support telephone assistance between 7:00AM and 7:00PM Pacific Time on Cyral’s regular business days concerning the installation and use of the then current release of a Product and the Previous Sequential Release.
11. “Web Support” means information available on the World Wide Web, including frequently asked questions, product documentation and bug reporting.
12. “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. THIS DOCUMENT IS AN ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT EXCEPT TO THE EXTENT UNAMBIGUOUSLY CONTRARY THERETO.

SCHEDULE I

Table A: Definition of Priority Levels

PRIORITY LEVEL	DESCRIPTION
Priority 1	Issue causing total loss of mission critical functions or services without feasible work around
Priority 2	Issue causing services to run without designed redundancy in production Issue causing partial and/or intermittent impact on accessing mission critical functions and services in production
Priority 3	Issues that do not have impact on mission critical functions and services Issues encountered in lab environment that have a potential impact on mission critical functions and services Issues encountered while deploying the Product for the first time and that require answers in a timely manner to proceed with planned activities Questions that require answering in a timely manner in order to proceed with planned activities Feasible work-around available for P1 and P2 issues
Priority 4	General information requests regarding the operation of the Cyral ProductQuestions regarding designing and implementing Cyral Products Issues encountered in the lab environment or at proof of concept testingIssues encountered during initial deployment Issues that do not have impact on functions and services

Table B: Target Response Times

PRIORITY LEVEL	TARGET FIRST RESPONSE TIME	TARGET UPDATE INTERVAL FROM FIRST RESPONSE	TARGET WORKAROUND FROM FIRST RESPONSE
Priority 1	15 minutes (24 X 7)	No less than once every 2 hours	Continuous effort until workaround or Fix provided.
Priority 2	1 Hour	No less than once per Business Day	Subject to Customer availability to work on issue, continuous effort until workaround or Fix provided.
Priority 3	4 Hours	Per action plan, no less than once per week	7 Days
Priority 4	24 Hours	Per action plan, no less than once per week	14 Days