This Production Support Contract is provided by the Vendor to the Client to fix all the issues the Client opens, respecting the agreed SLA (see below).
The support service starts on the start date of received payment and expires at the end date indicated in the order form. After the expiration of the Contract, the Client may renew the same contract with the same conditions. Renewal is not automatic, but the Client must communicate their request to renew the contract through a new Purchase Order to send via email to: firstname.lastname@example.org. One contract covers two named individuals.
The Client may contact the Vendor for support by using the PrjHub platform at: http://prjhub.com. PrjHub is integrated with GitHub. Please provide the list of your GitHub accounts for all the developers that will access the PrjHub platform.
Issues must be relative to a supported OrientDB version of both Community and Enterprise editions:
Please always specify the OrientDB version in which the issue has occurred.
The Vendor can fix the issue in one of the following way:
The Vendor requires that a priority be set for each ticket submitted by a customer. Clients may set this priority when creating tickets. You may change the priority of any open ticket by adding a comment to the ticket and requesting the change. To make the best use of resources, the Vendor relies on the priority assigned to each ticket as a means of determining the order in which to act upon requests. These priority classifications are described in the following table:
|Critical||The OrientDB server in Production doesn’t start up or the database is corrupted in anyway. Issues encountered in a test or development environment and enhancement requests should not be listed as Critical.|
|High||The Issue has impact on OrientDB functionality in Production, but against a non critical component. OrientDB still works.|
|Medium||The Issue hasn’t impact on the OrientDB operation and can be bypassed with a work around.|
|Low||Little or no impact on OrientDB. Cosmetic problem or minor enhancement.|
The Service Level Agreement for this contract sets the business hours for support within the timeframe of 10:00am – 7:00pm GMT Monday through Friday. This means that if the issue is open on Friday 6:00pm GMT, and the SLA for this issue is 8 hours, then SLA expires on 5:00pm of Monday of the next week. The resolution may be provided in the form of a work-around. The response time is guaranteed as the following table:
|Critical||Maximum 4 hours||Maximum 16 working hours|
|High||Maximum 8 hours||Maximum 32 working hours|
|Medium||Maximum 12 hours||Maximum 64 working hours|
|Low||Maximum 12 hours||No SLA|
If the terms indicated above are not respected by the Vendor, the contract will be extended at no charge for the Client of 5 days more for every time the SLA terms are not met.
Under this support contract, the Client cannot require the Vendor to implement new features in OrientDB.
In order to provide better service during the period of Support, the Vendor will provide an Enterprise Edition license to the Client for the duration of the contract.
After the expiration of the Contract the Enterprise Edition automatically downgrades to the Community Edition. The Client may purchase the Enterprise Edition by sending a Purchase Order via email to: email@example.com. Enterprise Edition licenses are included in the Production Support contract during the subscription period, so the Client may ask for a Production Support contract by sending a Purchase Order via email to: firstname.lastname@example.org.
Client shall not decompile, disassemble or otherwise reverse engineer any portion of the Software. Client shall not permit the removal of any existing copyright notice or other restrictive or proprietary legend from any Software. No Software may be used by, or pledged or delivered to, any third party.
Vendor hereby grants to Client a non-exclusive, non-transferable and non-assignable annual license to use the Software solely by and for the benefit of Client (the “License”). The License shall be for a term of one (1) year.
Client agrees that all Software shall be and remain the exclusive property of Vendor.
NO WARRANTY, WHETHER WRITTEN OR ORAL IS EXPRESSED OR IMPLIED. CLIENT SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL SOFTWARE IS PROVIDED BY VENDOR “AS IS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SUCH SOFTWARE MATERIAL IS UPON CLIENT. IN NO EVENT WILL VENDOR BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR, WITHOUT LIMITATION, LOST ACTUAL OR ANTICIPATED PROFITS, LOST DATA, LOST SAVINGS OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF CLIENT’S USE OR INABILITY TO USE THE SOFTWARE, OR OF ANY NATURE WHATSOEVER, EVEN IF VENDOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOING EXCLUSIONS MAY NOT APPLY TO CLIENT. CLIENT MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.