SW Support Agreement

NEUVECTOR SOFTWARE SUPPORT AND MAINTENANCE AGREEMENT

Maintenance and Support Generally: NeuVector shall provide support to Customer throughout the term of the Agreement. NeuVector may amend this Agreement at any time. Upon such amendment either NeuVector or its authorized partners may notify its Customers to refer to the amended contract at: https://neuvector.com/sw-support-agreement/.

TECHNICAL ADMINISTRATION.
Customer will designate up to three members of its staff to be the “Technical Support Engineer(s)”.
1. Customer’s Technical Support Engineer(s) will be the technical contact for the ongoing relationship between the parties. NeuVector will provide Customer’s Technical Support Engineer(s) with Email and online support for the Licensed Product through NeuVector’s customer support group (“NeuVector Customer Support”).
2. E-mail, and online support of the Licensed Product shall be provided to the Customer for Level 1, 2 and 3 issues.
ESCALATION SCHEDULE AND PROCEDURE.
1. All support issues from Customer will be consolidated by Customer’s Technical Support Engineer(s) and then directed to NeuVector Customer Support. Calls received from Customer’s users will be referred to Customer’s Technical Support Engineer(s).
2. Prior to reporting the problem to NeuVector, Customer should be able to provide a detailed characterization of the problem. Customer is responsible for assuring that it either owns or has the legal right to provide any confidential information that may be included as part of the problem being reported.
3. The NeuVector Customer Support representative and Customer Technical Support Engineer will mutually determine priority and formulate action plans. Action plans may include referral to the test or development engineering organizations as required.
SUPPORT LEVELS. NeuVector shall provide Levels 1, 2, and 3 support to Customer’s Technical Support Engineer(s). Support levels and related issues are described below:
1. Level 1:
  • Customer use and configuration licensing
  • Documentation issues
  • Software installation and troubleshooting
  • Patches/fixes available from NeuVector
2. Level 2: Integration and compatibility with third-party software or drivers such as Kubernetes, Calico, Syslog, Splunk, etc.
3. Level 3: Bug fixes
VERSIONING.
1. NeuVector will use commercially reasonable efforts to ensure that each Enhancement of the NeuVector Product contains functionality making it backwards compatible with each prior version.
2. Unless otherwise agreed upon in writing, NeuVector provides support for the current generally available (GA) version, plus the two (2) minor versions preceding the GA version (as indicated by a ‘dot’ version where ‘y’ is considered the dot version in the format ‘x.y.z’). For example, if the current GA version is 4.1.3, the prior minor version is 4.0.x, and if the latest 3.x version was 3.4.2, then 3.4.x is supported (but not 3.3.x and earlier).
DOCUMENTATION. NeuVector will provide Customer the standard technical documentation ad electronic tools (such as online support databases and/or forums) used to support NeuVector’s customers of the Licensed Software.
SECURITY DESCRIPTION.
1. NeuVector Customer Support will use every reasonable effort to respond to Customers with an acknowledgement of the error after receiving Customer’s initial notification per the time chart below (“Response Time”).
2. NeuVector will make diligent efforts to provide a fix or workaround within the days indicated below (“Remedy”).
3. If no solution has been found within this time, NeuVector Customer Support will develop an action plan and present it to the Customer within the days listed below from the initial notification of the error (“Action Plan”).
4. NeuVector and Customer will use the definitions below for classification of severity levels, description, response time, remedy, an action plan:

Severity Levels	Description	Service Level Action
Severity Levels	Description	Response Time	Remedy	Action Plan
1	The defect causes the operating system to halt or causes persistent data to be corrupted. The operating system cannot continue.	Within (4) business hours	Within (2) business days	Within (5) business days
2	The defect prevents major portions of the NeuVector program from functioning correctly or causes a major component of the system not to function with other components of the system. These defects cause the NeuVector program not to be able to continue but do not cause the operating system to crash.	Within (1) business day	Within (4) business days	Within (8) business days
3	The defect prevents small portions of the NeuVector program from functioning correctly. The NeuVector program could produce incorrect results, but the errors would not corrupt persistent data.	Within (1) business day	Within (8) business days	Within (16) business days
4	The defect is cosmetic or involves usability issues, which means that the screen or other output may not be drawn correctly, but the NeuVector program is still running and producing correct results. For usability issues, the user can accomplish the defined functionality, but it is awkward to do so. This could also include some internal functionality, which has been omitted in the interface. The NeuVector program can continue normally. * Remedy: NeuVector will respond with a solution either as a correction or in a subsequent release of the product ** Action Plan: Or if NeuVector reasonably determines that an issue is not material to the product, NeuVector may elect not to correct the issue.	Within (1) business day	*	**

PRODUCT DEFICIENCY VS. PRODUCT ENHANCEMENT. For purposes of the actions to be performed pursuant to this Exhibit, it is necessary to delineate between a product deficiency and a product enhancement.

A product deficiency may be related to the product specification, not its implementation (i.e. product performs according to specification, but enhancements are desired).
The parties acknowledge that Customers will use the NeuVector Products with third-party applications, and that while NeuVector makes efforts to render support assistance with commonly used applications, NeuVector cannot give support with respect to third-party application issues, or support every application. Accordingly, to the extent that the Customer support issue is not timely resolved, Customer may escalate any such issue by notice to NeuVector.
Within five (5) business days of NeuVector’s receipt of such notice, NeuVector agrees to have a NeuVector executive meet with a Customer executive, which meeting may occur in person or via telephone, to discuss the situation and to mutually and promptly assess the best course of action with respect to the Customer’s issue.

Neither Party will be obligated to create enhancements for any reason, except at its sole discretion. Enhancements are assigned different levels of priority as shown below:

Levels	Enhancement Priority Description
5 Enh - High	Important to product success.
6 Enh - Med	Substantial product improvement.
7 Enh - Low	Nice to have, but not critical to product success

SUPPORT PROCESS AND COVERAGE LEVELS.
1. Customer’s Technical Support Engineer(s) will open a ticket with NeuVector Customer Support.
2. A NeuVector Customer Support Representative will be available based on the level of support purchased (Enterprise or Platinum).
3. Customer Support will verify all the information, determine if the ticket is eligible for Support, as that term is defined herein, and that the problem is not in the development defect tracking database.
4. Once NeuVector Customer Support has verified that the problem is not already in the database and all information is available from Customer, the problem will be entered into NeuVector’s database.
5. Support coverage levels:
  
  Levels
  
  Hours
  
  Days
  
  Enterprise
  
  8 am PST to
  
  8 pm PST
  
  Monday through Friday
  
  (excluding NeuVector holidays)
  
  Platinum
  
  24 hours a day
  
  Monday through Sunday