Legal Notices

Below you'll find our legal statement, privacy policy, and trademark and logo usage guidelines.

Notices and Statements

  • Privacy Policy

    Privacy Statement

    LANDESK is committed to user privacy in all of its communications regarding its products and services. This policy outlines LANDESK's information-handling practices. If you give us information, it will be treated according to this policy. By downloading any materials from LANDESK Web sites or by providing any personal information to LANDESK via LANDESK Web sites or e-mail addresses, you agree to these terms. If you do not agree to these terms, do not use LANDESK Web sites, download any materials from them or provide information to LANDESK or its affiliated companies by e-mail or other means.

    This policy covers all LANDESK Web sites and customer communications as well as personal information you provide to LANDESK Customer Support. Some LANDESK  subsidiaries or programs as well as LANDESK solution provider partners may have their own, possibly different, policies. LANDESK encourages you to read this privacy policy and those of all Web sites you visit and/or companies who send you communications.

    Data Collected

    LANDESK collects the domain name of visitors to our Web page, the e-mail addresses of visitors who post messages to our forums, aggregate information on the pages visitors access, user-specific information on the pages visitors access and information volunteered by visitors, such as e-mail address, survey information and/or site registrations, name and address, telephone number and fax number.

    The information LANDESK collects is used to improve the content of our Web pages, to customize the content and/or layout of pages for individual visitors/groups of visitors, to notify visitors about updates to our Web site, to share with agents or contractors who assist in providing support for our internal operations, to contact visitors for marketing purposes, to share with LANDESK solution providers to help them contact visitors for marketing purposes, disclosed when legally required at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing our Web sites and applicable laws or to protect against misuse or unauthorized use of our Web sites. The information may be given to a successor entity in connection with a corporate merger, consolidation, sale of assets or other corporate change respecting the Web sites.

    Types and Uses of Personal Information

    LANDESK may use your personal information in the following ways:

    • User IDs and passwords—Provide reasonably secure access to profile areas and protected content.
    • Account information—Provides information about who you are, how to contact you and your shipping and billing information if applicable. Also contains any preferences you have provided, such as language, e-mail format and interests.
    • Feedback and support—Provides a mechanism for requesting information from LANDESK. Also used to tell LANDESK how we can improve our products, services, communications and site designs.
    • E–mail correspondence—Used to raise and respond to issues and inquiries of all types. Also used to distribute requested information about LANDESK, our products and services.
    • Transactions—Show the products and services you have requested.

    If you supply LANDESK with your postal address, e-mail address or telephone number, you may receive periodic mailings, e-mails or calls from us or from LANDESK solution provider partners with information on promotions, new products and services or upcoming events. If you do not wish to receive such mailings, you can have your name put on LANDESK's do-not-write list by calling us at the number provided here, by e-mailing us at the address provided here or by writing to us at the address provided here. Please provide your exact name and address, e-mail address and/or phone number and let us know the methods by which you don’t want to be contacted by LANDESK or that you don’t want to have your information provided to LANDESK solution provider partners or both, and LANDESK will be sure your name is removed from the appropriate LANDESK list(s). If your name has previously been provided to a LANDESK solution provider partner, please contact the partner directly to have your information removed from their lists.

    Authorized third-party agents may also need access to some of your information. For example, if LANDESK needs to ship something to you, we must share your name and address with a shipping company. We only provide third-party agents with the minimum amount of information needed to complete the requested service or transaction. We do not otherwise share your personal information with third-parties, unless you have granted us permission to do so. We may respond to subpoenas, court orders, or legal process. We also may choose to establish or exercise our legal rights or defend against legal claims. We may collect and possibly share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of LANDESK'S terms of use, or as otherwise required by law.

    Upon request, LANDESK provides site visitors with access to unique identifier information (e.g., customer number or password) and/or contact information (e.g., name, address, phone number) that we maintain for them. Consumers can access this information by e-mailing us at the address provided here, writing to us at the address provided here or calling us at the number provided here.

    Security Measures

    LANDESK takes reasonable efforts to protect the personal information you share with us.

    Linked Web Sites

    The LANDESK Web site and/or e-mail communications may include links to third-party sites. Because LANDESK does not control these third-party Web sites, you are encouraged to review the privacy policies posted on these (and all) third-party sites.

    Cookies

    Most LANDESK Web sites use cookies. Cookies help us provide a better user experience by measuring the Web site content that is of greatest interest to our visitors. LANDESK also uses cookies when you register for one of our Web programs. In this situation, a cookie will store useful information that enables our Web site to remember you when you return. LANDESK can only read cookies from LANDESK Web sites. If you choose to disable cookies in your browser, you can still access most LANDESK Web sites. However, some Web sites will not allow you to complete certain activities if cookies are disabled. LANDESK may use third parties to monitor Web traffic, statistics, advertisement click-through and other activities on LANDESK's sites. Where authorized by LANDESK, such third parties may use cookies, LANDESK's Web log files, Web beacons and other monitoring technologies to compile anonymous aggregate statistics about LANDESK's Web site visitors.

    Current versions of Web browsers offer enhanced user controls regarding the placement and duration of both first- and third-party cookies. Search for Cookies under your Web browser’s Help menu for more information on the cookie management features available through your browser.

    Accessing and Updating Information

    LANDESK asks for your help in making sure your information is correct in our systems. Please notify us of changes to your name, address, title, phone number or e-mail address by calling us at the number provided here, e-mailing us at the address provided here or writing to us at the address provided here. Some LANDESK sites allow you to make these updates yourself via a profile page.

    Unsubscribing

    Each e-mail newsletter that LANDESK distributes includes the option to unsubscribe. You may also unsubscribe from select e-mail newsletters directly on some LANDESK Web sites, by sending an e-mail to the address provided here, calling the telephone number provided here or writing to the address provided here.

    Newsgroups/Forums

    LANDESK forums are public. Please consider this before posting any information to them.

    Transfer of Personal Information to the U.S.

    LANDESK may process or store information provided by customers in the U.S. and elsewhere in databases located in one of our U.S. offices.

    Children’s Privacy

    LANDESK does not knowingly collect personal information from children under the age of 13. If LANDESK learns that we have personal information on a child under the age of 13, we will delete that information from our systems. LANDESK encourages parents to go online with their children. Here are a few tips to help make a child’s online experience safer:

    • Instruct children to never give personal information, unless supervised by a parent or responsible adult, including name, address, phone, school, etc.
    • Know the sites your kids are visiting and which sites are appropriate.
    • Review Web site privacy policies to understand how your child’s information is treated.

    Policy Updates

    LANDESK reserves the right to make changes and updates to this policy at any time. All updates to this policy and changes to our privacy practices will be posted here. If you are concerned about how your information is used, please review this policy periodically Last update: September 23, 2013.

    Compliance

    If you feel that this site is not following its stated information policy, you may contact us by e-mailing us at the address provided here, writing to us at the address provided here or calling us at the number provided here.

    Need Help with an Update, Access or Unsubscribe Request?

    Contact LANDESK at privacy@landesk.com. To aid in processing your request, please include the following details:

    • Contact information: company, name, address, e-mail address, etc.
    • Name of the program, newsletter, etc. where you want the update applied.
    • Details of the request. For example, change of e-mail address, unsubscribe from a newsletter, review of personal information, etc.

    Additional Questions or Comments?

    Should you have any questions or comments related to this privacy policy, please contact privacy@landesk.com or:

    Privacy
    LANDESK
    698 West 10000 South
    South Jordan, UT
    84095

    or

    1-800-982-2130 (toll-free in the U.S.)
    1-801-208-1500
  • Legal Statement

    Legal Statement

    The materials on this Web site (the "Site") are provided by LANDESK Software, Inc. and its affiliates ("LANDESK") as a service to its customers and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below. By downloading any materials from this site, you agree to these terms. If you do not agree to them, do not use the site or download any materials from it.

    Trademark Information

    LANDESK and its logos are registered trademarks or trademarks of LANDESK Software, Inc. and its affiliates in the United States and/or other countries. LANDESK's trademarks may be used publicly with permission only from LANDESK. Fair use of LANDESK's trademarks in advertising and promotion of LANDESK products requires proper acknowledgement. Other names and brands may be claimed as the property of others. For more details regarding the use of trademarks of LANDESK, please see LANDESK Software Logo and Trademark Usage Guidelines.

    Performance and Information

    Performance tests and ratings are measured using specific computer systems and/or components and reflect the approximate performance of LANDESK products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance. Buyers should consult other sources of information to evaluate the performance of systems or components they are considering purchasing. For more information on performance tests and on the performance of LANDESK products, contact LANDESK.

    Single Copy License

    The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. You may download one copy of the information or software ("Materials") found on LANDESK sites on a single computer for your personal, non–commercial internal use only, unless specifically licensed to do otherwise by LANDESK in writing, or as allowed by any license terms that accompany or are provided with individual Materials. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.

    Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without LANDESK's prior written permission. Except as expressly provided herein, LANDESK and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by LANDESK in writing or incorporated elsewhere in the Materials.

    Termination of the License

    LANDESK may terminate this license at any time if you are in breach of the terms of this Agreement. Upon termination, you will immediately destroy the Materials.

    Disclaimer

    THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL LANDESK OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF LANDESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. LANDESK and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. LANDESK may make changes to these materials, or to the products described therein, at any time without notice. LANDESK makes no commitment to update the Materials.

    U.S. Restricted Government Rights

    The Materials are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227–14 and DFAR252.227–7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of LANDESK's proprietary rights in them.

    User Submissions

    Any material, information or other communication you transmit or post to this Site will be considered non–confidential and non–proprietary ("Communications"). LANDESK will have no obligations with respect to the Communications. LANDESK and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non–commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

    User Chat Rooms

    LANDESK may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. LANDESK, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

    Use of Personally Identifiable Information

    Information submitted to LANDESK through forms on the Web site is governed according to LANDESK's Privacy Statement.

    Links to Other Materials

    The linked sites are not under the control of LANDESK and LANDESK is not responsible for the content of any linked site or any link contained in a linked site. LANDESK reserves the right to terminate any link or linking program at any time. LANDESK does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

    Applicable Laws

    This site is controlled by LANDESK from its offices within the United States of America. LANDESK makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the State of Delaware.

    General

    LANDESK may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then–current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. If you have any questions about this legal policy, please contact us via email at legal@landesk.com. or via US mail at:

    Legal Department
    LANDESK Software, Inc.
    698 West 10000 South
    South Jordan, UT 84095.

    All rights reserved. Copyright © 2003–2014 LANDESK Software, Inc. and its affiliates, 698 West 10000 South, South Jordan, UT 84095, USA.

  • LANDESK Software Trademark and Logo Usage Guidelines,Trademark Usage

    LANDESK Software Trademark and Logo Usage Guidelines,Trademark Usage

    Nothing in these Trademark and Logo Usage Guidelines is intended to grant any right in or to any trademark or other intellectual property right of LANDESK Software. Except as specifically provided by law, license or agreement with LANDESK Software, third parties may not use any LANDESK Software logo or other mark for any purpose.

    Preface

    These Trademark and Logo Usage Guidelines ("Guidelines") set forth LANDESK Software’s rules for using or referring to trademarks of LANDESK Software. These Guidelines are for use by authorized outside agencies, ESPs, OEM, ISV and SI partners, consultants, and vendors in accordance with prior written permission from LANDESK Software. LANDESK Software reserves the right to modify these Guidelines from time to time as it deems necessary.

    Using trademarks of LANDESK Software

    • Use the appropriate trademark symbol and trademark acknowledgment of LANDESK Software’s ownership of the marks in question.
    • Do not incorporate trademarks of LANDESK Software into your own product names, trademarks, or company names.
    • Follow the Rules of Proper Trademark and Logo Use as set forth below.

    Rules of Proper Trademark and Logo Use

    1. Subject to number 4 below, always use a trademark as an adjective, accompanied by an appropriate noun.
      Examples:
      • LANDESK® Management Suite
      • LANDESK® product
       
    2. Do not join the trademark to other words, symbols or numbers either as one word or with a hyphen. Because a trademark is not a noun, it must never be used in possessive or plural forms and never be used as a verb.
    3. Always use the proper spelling and the proper trademark symbol. Always use the correct superscripted trademark symbol. If the trademark symbol is not available, use capital letters in parentheses: (TM) or (R).
    4. The "LANDESK" name is not only a trademark used to identify our products and services it also serves as our company name. When using the "LANDESK" name as a visual or printed reference to the company, "LANDESK" may be used as a noun only if followed by "Software". The company name displays a trademark symbol only as included in the graphic logo.
    5. The trademark acknowledgment is the legal text that identifies the trademarks of LANDESK Software. The acknowledgment should be printed in legible type and in a location typically used for copyright and other legal notices.

      Unless you have an agreement with LANDESK Software that indicates otherwise, use the standard LANDESK Software trademark acknowledgment:
      • "LANDESK, and the other LANDESK trademarks used herein are either trademarks or registered trademarks of LANDESK Software, Inc. or its affiliates in the United States and/or other countries."
       
    6. Examples of LANDESK Software trademarks:
      • LANDESK®
      • Targeted Multicast™
      • Peer Download™
      • Avalanche®
      • ®
      •  
      • Wavelink®
      • Wavelink Avalanche®
      • Wavelink Mobile Manager®
      • Wavelink Studio®
      • Wavelink Wireless Comes Together®
      • Wireless Comes Together®
      • ®
      •  
      • Active Vulnerability Management®
      • Scupdates®
      • ®
      •  
      • Shavlik Netchk®
      • Shavlik®
       

    Usage Examples of LANDESK Software Trademarks

    LANDESK® trademark

    When "LANDESK" is used as an adjective modifying a noun use the registered trademark symbol (®) following the word "LANDESK".

    • Examples with product names: LANDESK® Management Suite, LANDESK® Service Desk, LANDESK® Mobile Device Management
    • Examples with nouns: LANDESK® technology, LANDESK® product line, LANDESK® trade show

    Where multiple product names or technologies appear in the same document, chapter or Web page, use the trademark symbol for the first instance of each unique product name. For example:

    • LANDESK® Management Suite, LANDESK® Patch Manager and LANDESK® Mobile Device Management, and LANDESK® Targeted Multicast™ technology.

    LANDESK® Targeted Multicast™ trademark

    Use the fully attributed phrase "LANDESK® Targeted Multicast™" for the first reference in a document, slide, or Web page; subsequent use in that same document, slide or Web page can use the generic reference "Targeted Multicast" without further trademark attribution.

    The phrase "Targeted Multicast" should always be capitalized as shown; never use the phrase generically as an adjective or adverb.

    • Right: "LANDESK® Targeted Multicast™ technology enables efficient...Use Targeted Multicast to distribute..."
    • Wrong: "Targeted Multicast™ technology from LANDESK Software..."
    • Wrong: "Start a targeted multicast session..."

    LANDESK® Peer Download™ trademark

    Use the same guidelines associated with LANDESK® Targeted Multicast™.

  • 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/eol.aspx) 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.aspx
    Wavelink Support: http://www.wavelink.com/Customer-Care-Contact-Customer-Care
    Shavlik Support: http://shavlik.com/support/contact.aspx  

    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/education/contact.aspx.

    (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 “P3means 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 Type Express

    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

    SAM (6)

    No

    No

    Yes

    Yes

    Yes

    Health Check (7)

    1

    0

    1

    2

    1 per product
    owned

    Available Product Specialty (8)

    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 (9)

    No

    No

    Yes

    Yes

    Yes

    Contacts (10)

    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) If customer does not already have a Support Account Manager (SAM), a SAM will be included with the Premier, Enterprise or Dedicated TAM offering.

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

    (8) 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).

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

    (10) Number of assigned customer contacts that may open issues with the assigned TAM.
    For more information on TAM offerings, see http://www.landesk.com/Support/TAM/.

    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.