This Speedment, Inc. Support Services Policy is the primary document used to communicate Speedment’s support policies to licensees of Speedment software products (each such licensee, a “Customer”), including Speedment’s software products available under both proprietary licenses and open source licenses (collectively, “Software”). As referenced either in the proprietary license agreement under which you obtain and are granted the right to use Speedment’s commercial software and/or the agreement under which you obtain a subscription (“Subscription”) to Speedment’s support services (in each case, the “Agreement”), this Support Services Policy sets forth Speedment’s support terms and conditions, as well as provides a description of Speedment’s support levels. Capitalized terms not defined herein have the definition set forth in the applicable Agreement.
The scope of the Support Services provided to Customer includes general assistance and support regarding the installation of the Software and basic technical configuration of the Software, as well as developer assistance on how to use the Software and production assistance for deployed systems Speedment will provide Support Services to Customer in accordance with this Support Services Policy, for the number of Nodes set forth in an applicable Order Form or Invoice, where “Node” means a JVM node running a Speedment instance or for the scope otherwise applicable in the Order From or, in the case of Hazelcast Auto DB Integration, for the number of Clusters set forth in an applicable Order Form or Invoice, where “Cluster” means a number of JVM nodes running Hazelcast for the scope of a particular and distinct application.
Speedment offers different levels of Subscriptions to Support Services (each, a “Subscription Level”), which are described below and are subject to the specific terms and conditions set forth herein regarding hours of operation, response times, methods of support and other matters for each Subscription Level.
Severity Target Response
Level 1 1 Hour
Level 2 4 Hours
Level 3 1 Business Day
Severity Target Response
Level 1 2 Hours
Level 2 1 Business Day
Level 3 2 Business Days
Severity Target Response
Level 1 1 Business Day
Level 2 2 Business Days
Level 3 4 Business Days
Note: Speedment does not charge separate fees for Support Services for a development project where the customer has purchased production-grade Subscription Support Services (Professional or Enterprise).
Severity Target Response
Level 1 2 Business Days
Level 2 2 Business Days
Level 3 2 Business Days
Speedment shall use commercially reasonable efforts to meet the applicable targeted response times set forth above. Response times are measured from the receipt by Speedment of a support inquiry, and subject to hours of coverage applicable to the Subscription Level. Customer acknowledges that the time required for resolution of issues may vary depending on the specific circumstances of each problem, including, without limitation, the nature of the incident/problem, the extent and accuracy of information available about the incident/problem, and the level of Customer’s cooperation and responsiveness in providing materials, information, access and support reasonably required by Speedment to achieve problem resolution. The following issue severity level-specific obligations apply to all Subscription Levels:
Customer is responsible for ensuring that its personnel that interact with Speedment have sufficient language and technical skills, and respond to and cooperate with Speedment in a timely manner in connection to requests for Support Services.
As a precondition for requesting Support Services from Speedment, Customer agrees to (and agrees to cause each of its developers, engineers and IT personnel to) use reasonable efforts to: (i) attempt to solve the problem and to utilize sufficient resources to clearly understand that a problem exists before consulting Speedment; (ii) provide Speedment with sufficient information and technical data in order for Speedment to establish that a potential problem is not the kind of problem that is an exclusion from the Support Services; (iii) make reasonable attempts and expend reasonable resources to provide any data reasonably requested by Speedment to adequately address the potential problem; (iv) utilize sufficient resources to understand the instructions from Speedment in addressing the problem, and make reasonable attempts to correct the problem as suggested by Speedment. In addition, Customer agrees and acknowledges that the extent of access and the accuracy of information and technical data provided may affect Speedment’s ability to provide the Support Services.
All support requests must be submitted as follows, and submission must take place prior to engaging a Speedment resource:
All support request submissions must designate an issue Severity Level. Once the appropriate support request is filed, the most optimal method of contact may be utilized (phone, web, email), subject to the applicable Subscription Level. Severity level 1 and 2 issues must be filed via the web-based support portal. Severity level 3 issues may be filed via email or the web-based support portal. All e-mail based production tickets will be treated as severity level 3.
Speedment will have no obligation to provide Support Services to Customer in the event that (i) the Software has been changed, modified or damaged by Customer or anyone other than Speedment, (ii) the problem is caused by Customer’s negligence, misconduct, or misuse of the Software, a hardware malfunction, or other causes beyond the reasonable control of Speedment, (iii) the problem is due to third party software, or (iv) Customer has not installed or implemented any Software releases to comply with Section 6 below. The Support Services do not cover the support of any third party software which integrates with the Software. In addition, the Support Services do not include the following: (i) use of any version of Software that is not designated as a production release (such as a beta release or code contained in the sandbox or any other repository that is not packaged into a production release distribution); (ii) Customer’s failure to comply with operating instructions contained in the documentation; (iii) installation, configuration, management and operation of Customer’s applications; (iv) APIs, interfaces or data formats other than those included with the Software; or (v) any training.
Speedment will provide Support Services for specific releases and versions of the Software as follows:
(a) A three-place numbering scheme is used to designate released versions of the Software. The format is R.V.M, where ‘R’ indicates the release level, ‘V’ indicates the version level, and ‘M’ indicates the maintenance fix level. An example would be version 1.1.3. Often in referring to general product versions and releases, the maintenance level is omitted. For example, both 1.1.3 and 1.1.4 may sometimes be referred to as Version 1.1.b. Each Version will be supported for eighteen (18) months from the date the Version is initially released. Support for each Version is supplied via maintenance fixes. Speedment will fix errors only in the most current maintenance fix level of the Software. Customer Support will direct customers to existing fixes/patches and workarounds applicable to the reported case. Customer Support may direct customers to upgrade to a more current release / version / maintenance fix of the Software.
(b) In the event that support for a version would normally expire under Section 6(a) and no later version has been released, support for the old version will be extended until the date that is thirty (30) days after the date on which a new version is released.
(c) In the event that support for a version would normally expire under Section 6(a), and no further versions are planned, a product may be end-of-life. The decision to end-of-life any Software product will be announced to Customer twelve (12) months ahead of the date that support for all versions of such Software product will no longer be available.
1. “Business Day” means Monday through Friday other than a day designated from time to time as a national holiday in the place from which Support Services may be provided.
2. “Incident” means a single question or issue posed by a Support Contact using the Support Services.
3. “Support Contact” means a single named individual that is authorized to contact Speedment to make use of the Support Services.
4. Severity Level:
Speedment offers extended service levels through the Development Partner Program.
(a) Engineering Relationship
(b) Quality Relationship
The Development Partner Program will be honored for the Subscription Term. Speedment reserves the right to rename or modify the program, preserving the stated capabilities of the program or replacing it with equal or enhanced capabilities at Speedment’s discretion.