Support Terms

1. SUPPORT LEVELS. LANDESK, Wavelink, and Shavlik provide several levels of technical support offerings. Each level has a corresponding support program with distinct benefits.

1.1 LANDESK Support Programs : LANDESK offers different support programs for its LANDESK, Wavelink and Shavlik branded products.

2. SUPPORT SERVICES.

2.1 Annual Basis. LANDESK, Wavelink, and Shavlik customers receive support services on an annual basis (or as otherwise specified in the Order Form) that begins on the effective date of the purchase.

2.2 Reinstating Out-of Maintenance Support. If a customer elects to terminate or allow its support services to lapse or expire, the customer will be required to pay a reactivation fee for the time that has lapsed since the end of such prior support services and the fees for the entire next annual period.

2.3 No Partial Maintenance. If customer elects to purchase support services for a LANDESK product, customer may not purchase partial maintenance. For example, a customer purchasing 1000 licenses of LANDESK software cannot purchase support services for only 500 licenses.

2.4 Support Services Scope. Support services, updates and upgrades do not include any type of installation, deployment, or third party application assistance. Support services for LANDESK products are provided for questions regarding installation, configuration and usage. LANDESK does not represent, warrant or guarantee that any of the support services provided hereunder will correct or resolve any error within any specific time period.

2.5 Support Service Exceptions. LANDESK shall be under no obligation to furnish support services for any LANDESK products to the extent that such support services are necessary or desired as a result of: (i) the operation of the LANDESK products in environmental conditions or configurations outside those described in the LANDESK documentation; (ii) customer’s failure to upgrade or update the LANDESK products to a supported version (requirements specified at http://www.landesk.com/support/product-end-of-life/) or to maintain the LANDESK products in accordance with the standards described in the LANDESK documentation or as specified in any support services received by customer from LANDESK; (iii) actions of any third party other than LANDESK or a third party authorized by LANDESK; and (iv) causes unrelated to the LANDESK products as delivered to customer by LANDESK, including without limitation, modifications to the LANDESK products, made by customer or on customer’s behalf.

2.6 Support Offerings. Customer will receive the following support services based on the level of support purchased for each brand of product:

LANDESK Branded Products. LANDESK customers can check their current support program on the customer portal: http://support.landesk.com/SupportEntitlement.aspx The benefits and features of the LANDESK support programs are set forth in detail below.

The LANDESK support program has several levels of support available for purchase. Each product for which a customer purchases software maintenance qualifies for a certain number of support points corresponding to its price. The sum of the points of all LANDESK products under active software maintenance determines the level of support the customer receives as set forth in the table below.

BASE

Professional (PS)

Enterprise (ES)

Enterprise Plus (EPS)

0-2,999

3,000-49,999

50,000-199,999

200,000 or more

A customer can access its support points total through its LANDESK Sales representative, reseller, or on any LANDESK sales quote. Support points expire at the end of each annual software maintenance period and new point calculations are performed for each annual renewal period. Any time a customer purchases additional support services the support level they are entitled to will be recalculated and adjusted as needed. The support services are dependent on the level of support purchased and include the following:

Support
Service

Base

Professional

Enterprise

Enterprise Plus

Incident Pack (9)

Updates and Upgrades (1)

Yes

Yes

Yes

Yes

Yes

Online Incident Submission (2)

No

Yes

Yes

Yes

Yes

Standard Phone Support (3)

No

Severity 1 only

Yes

Yes

Severity 1 only

24 X 7 Phone Support (4)

No

No

Yes

Yes

No

Priority Phone Support (5)

No

No

No

Yes

No

Support Account Manager (6)

No

No

No

Yes

No

Instructor Lead Online Training (7)

0

1

2

3

0

Wavelink Branded Products : The Wavelink support program has one level of support available for purchase. The benefits and features of the Wavelink support program are:

Support Service

 

Software Upgrades
and Revisions

Yes

Software Release Notifications)

Yes

Unlimited Support Incidents

Yes

Online Incident Submission

Yes

Shavlik Branded Products : The Shavlik support program has two levels of support available for purchase. Shavlik customers have the option to purchase either Basic support or Production support. The benefits and features of the Shavlik support programs are:

Support Service

Production Support

Basic Support

Length of Service

1, 2 or 3 years

1, 2 or 3 years

Updates and
Upgrades(1)

Yes

Yes

Online Incident Submission(2)

Yes

Yes

Standard Phone
Support(3)

Yes

Severity 1 only

24 X 7 Phone
Support (4)

Yes

Yes

Access to Discussion Forums and Knowledge Base

Yes

Yes

Number of Support Requests

Unlimited

Unlimited

(1) Updates include service packs and patches released to correct issues with LANDESK, Wavelink and Shavlik products respectively. Upgrades include major releases of products. Customers with active support services may install and use any new releases of the products for which they have purchased support services.

(2) Customers may submit Incidents 24 hours per day, 365 days per year via the online Self Service Portal located at:

LANDESK Portal http://support.landesk.com
Wavelink Portal http://support.wavelink.com
Shavlik Portal http://support.shavlik.com

Replies to Incidents submitted online will be delivered during business hours.

(3) All technical Incidents of Severity 1 should be reported by phone during business hours by contacting the LANDESK, Wavelink, or Shavlik Support team.

Contact information and business hours can be found at:
LANDESK Support http://www.landesk.com/support/contact/.
Wavelink Support: http://www.wavelink.com/customer-care/
Shavlik Support: http://www.shavlik.com/support/contact/

Customers qualifying for either the Enterprise or Enterprise Plus support program may report Incidents of any severity by phone during business hours.

(4) With 24X7 support, customer may report Incidents of Severity 1 by phone 24 hours per day, 365 days per year. The 24X7 phone number will be provided separately when the order for support services is fulfilled.

(5) Priority access to customer support on a separate phone line. The Enterprise Plus or Production Support phone number will be provided separately when the order for support services is fulfilled.

(6) Single point of escalation for Incidents. Provides quarterly reports (summarizing customer specific support matters including update on support Incidents, status of onsite work and of any training vouchers, and recap of proactive notifications), and manages an annual 15-point health-check review of server and client configurations.

(7) Instructor Led Online training (ILO). ILO training vouchers can be redeemed for either a full day or half day ILO training class. ILO vouchers are available beginning the first day of the support services period and expire after 1 year. ILO vouchers must be redeemed for an ILO class which takes place before the voucher expires. If the support services period is greater than 1 year, then any ILO vouchers granted will expire and new vouchers will be granted. Customer can register for ILO classes online at http://community.landesk.com/support/community/training or by contacting the LANDESK training department. Contact information can be found at http://www.landesk.com/support/.

(8) Technical Contacts. Each of customer’s designated technical contacts will be responsible for interfacing with LANDESK, Wavelink, or Shavlik for all support services. Each technical contact must be familiar with the LANDESK, Wavelink, or Shavlik Products and be capable of performing basic network administrative functions. Customer shall identify its technical contacts to LANDESK, Wavelink, or Shavlik as reasonably required by LANDESK, Wavelink, or Shavlik and customer may change its designated technical contacts on written notice to LANDESK, Wavelink, or Shavlik. Additionally, customer may qualify to receive additional technical contacts by having individuals become certified on LANDESK products. Any Certified LANDESK Administrator (or greater) can be added as an additional technical contact to customer’s account.

(9) Incident Packs (ICP). For customers purchasing Incident Packs, LANDESK Support will provide online Incident submission via the Service Portal http://support.landesk.com. Standard phone support is available for P1 Incidents during business hours. Such support is available for each Incident up to the total number of Incidents purchased by the customer. If an Incident is reported by a customer with an Incident Pack which is found to have been caused by a defect in LANDESK products, the Incident will not be subtracted from the number of Incidents purchased by the customer.

2.7 Incident Tracking and Response. Each Incident submitted by customer for support services will be issued a LANDESK tracking number. An “Incident” means a single support issue with a Company Product and the reasonable effort needed to resolve it. A single support issue cannot be divided into sub-problems regardless of the amount of effort required to resolve the issue. If an issue consists of multiple problems, a separate Incident will be required to solve each problem. LANDESK shall determine what constitutes an Incident on a case-by-case basis.

2.8 Response Times. LANDESK will respond to and set internal resolution priority for each reported Incident within the following response time in business hours:

Severity Level

Professional / Incident Pack

Enterprise / Enterprise Plus

P1

2

1

P2

8

4

P3

16

8

Priority Level 1” or “P1” means an Incident where, notwithstanding proper installation and use: (a) a substantial portion of one or more Company Products does not operate and cannot be restarted; (b) there is an Error in a major program function that renders such major program function completely unusable; or (c) there is an Error that causes a third-party, mission-critical application to be unstable. P1 issues must be submitted to Company by phone.

Priority Level 2” or “P2” means an Incident where, notwithstanding proper installation and use, there is an Error in a major program function causing significant impact to one or more Company Products such that the Company Product is difficult but not impossible to use. P2 issues must be submitted to Company by phone.

Priority Level 3” or “P3” means an Incident where, notwithstanding proper installation and use: (a) there is non-critical degradation of performance or function in one or more Company Products; or (b) there are minor intermittent problems in one or more Company Products. A commercially reasonable workaround may be available. Incidents submitted to Company other than by phone will be classified as a P3 or P4 Incident, at Company’s reasonable discretion.

Priority Level 4” or “P4” means all requests for an enhancement to, information, questions, or Documentation issues concerning one or more Company Products or Errors with little or no effect on normal operation of the Company Product.

Error” means a reproducible failure of a properly licensed, implemented, and used Company Product to perform in substantial conformity with the applicable Documentation. When notifying Company of any suspected Error, Customer must provide Company with detailed information about the Error, including an example, the context in which it was encountered, details of Customer’s system configuration, and the steps necessary to generate or reproduce the Error. The priority level of an Error shall be determined by Company in its sole discretion (using the priority definitions described in this Agreement).

2.9 Follow the Sun. If an Enterprise or Enterprise Plus level customer has a Priority Level 1 Incident that is not solved during the business hours of the support office to which the Incident is initially reported, and if the Incident requires around-the-clock work, the LANDESK support team will transfer the Incident from region to region through the LANDESK support sites (in the United States, China, and Europe) as needed so long as customer also has dedicated resources working on a 24x7 basis to resolve the Incident.

3. TECHNICAL ACCOUNT MANAGER

A customer may also purchase any of LANDESK’s Technical Account Manager (TAM) offerings below:

TAM TypeExpress

Advantage

Premier

Enterprise

Dedicated

Vouchers (1)

0

0

2

4

8

TAM : customer ratio (2)

1:10

1:14

1:7

1:3

1:1

Response Time (3)

2 hours

2 hours

1 hour

1 hour

30 minutes

Onsite Visit Days (4)

0

0

8

16

32

Assigned TAMs (5)

1

1

1

1 or 2

1

Health Check (6)

1

0

1

2

1 per product
owned

Available Product Specialty (7)

LDMS/LDSS
or LDSD

LDMS

LDMS/LDSS, LDSD,
or LPM/ALM

LDMS/LDSS, LDSD,
or LPM/ALM

LDMS/LDSS, LDSD,
or LPM/ALM

Language Support (8)

No

No

Yes

Yes

Yes

Contacts (9)

2

2

3

6

6

(1) Number of vouchers to attend regularly scheduled training sessions at a LANDESK facility (customer responsible for all travel and expenses) or via the online learning system. Vouchers expire on the regular TAM Period schedule as outlined in Section 2.6.

(2) Ratio of TAM customers generally assigned to TAM type. Unusually high customer use of TAM services that extends for more than three months will require customer to upgrade to a higher level TAM.

(3) During TAM hours of availability, assigned TAM shall use commercially reasonable efforts to respond to any phone contact from customer within the time specified. TAM shall be available 8am-5pm, Monday through Friday (excluding LANDESK Holidays), based on the location of the TAM and not the customer. During hours outside of TAM availability, customer with a Premier, Enterprise or Dedicated TAM offering may call the 24x7 support line.

(4) Number of days during each annual period (as measured from the Effective Date) the TAM shall be available for on-site visits to customer’s facility (subject to agreed timing). Onsite days must be used in at least 2 consecutive day increments, not to exceed a total of 3 trips for the Premier TAM offering, 6 trips for Enterprise and 12 trips for Dedicated.

(5) Number of TAMs assigned to customer.

(6) Number of remote health checks performed on an annual basis.

(7) TAMs are product specific and customer may select TAM specialists for the following products: Asset Lifecycle Manager (ALM), LANDESK Service Desk (LDSD), LANDESK Process Manager (LPM), LANDESK Management Suite (LDMS) or LANDESK Security Suite (LDSS).

(8) Local language support available by request through the SAM or TAM in one of the following languages: English, French, German or Japanese.

(9) Number of assigned customer contacts that may open issues with the assigned TAM.
For more information on TAM offerings, see http://www.landesk.com/services/technical-account-management/.

3.1 TAM Period. TAM offerings are generally provided to purchasers on an annual basis and the initial period for TAM coverage begins on the purchase date and ends one (1) year thereafter. To ensure uninterrupted use of any TAM offering purchased by customer, the TAM services shall automatically renew for additional one (1) year periods unless either party provides written notice not to auto-renew the TAM offering to the other party at least sixty (60) days before the end of any TAM period.

4. CLOUD SERVICES APPLIANCE. The LANDESK Cloud Services Appliance enables customers to manage their remote devices off-network and is available as both a hardware and a virtualized platform.

4.1 Return Merchandise Authorization (“RMA”). The LANDESK Cloud Services Appliance comes with a one year warranty for hardware defects and a 90 day warranty for software defects. A hardware defect is a failure or malfunction of the device hardware (drives, fans, power supply, mainboard, etc. ) at the time of arrival or during the warranty period. A software defect occurs when the software fails to function substantially in conformance with the documentation accompanying such software when used in accordance with the accompanying documentation. Hardware returned under a valid RMA number will receive a ninety (90) day hardware warranty or the remainder of the original hardware warranty, whichever is longer. Customers are able to purchase additional maintenance on their hardware which entitles them to support and software upgrades (even beyond the one year hardware warranty). Hardware RMAs may only be done during the warranty period. Software RMAs may be done outside of the warranty period provided the customer has a current maintenance contract for the unit.