Exhibit A

Aerospike Support and Maintenance Terms and Conditions

 

These Support Maintenance Terms and Conditions – Premium Support (the “Support Terms”) apply to any licensee (“Licensee”) who is entitled to receive premium support services from Aerospike, Inc. (“Aerospike”) for specific Aerospike product(s) (the “Product”) pursuant to a written agreement between Licensee and Aerospike (an “Agreement”). To the extent Aerospike has become obligated for premium support and maintenance pursuant to such Agreement, then subject to the terms and conditions of such Agreement, the following will apply with respect to software Products so long as they remain Aerospike’s standard terms for premium support and the Licensee is in full compliance with the Agreement. Capitalized terms not defined in Section 5 below have the same meaning as in Aerospike’s standard Master License Agreement.

1.     Support and Maintenance Services:  Support and Maintenance Services will be provided to the Designated Support Contact(s) (“DSC”), and consists of (a) Issue mitigation of supported versions of the Product, (b) Support via Aerospike’s online support system at https://support.aerospike.com (or phone if the online support system unavailable at +1 (650) 516-4887) and (c) Product updates that Aerospike in its discretion makes generally available to its support and maintenance customers without additional charge.

2.     Initial Response Times:  Aerospike shall exercise best efforts to respond to an Issue reported by Licensee in the current unmodified release of Product in accordance with the severity level reasonably assigned to such Issue, as further described in Tables A and B: Performance Metrics:

Table A: Performance Metrics – Premium Support – 24×7
Severity LevelSeverity Level 1
(requires notification by telephone)
Severity Level 2 Severity Level 3 Severity Level 4
Aerospike Initial Response Time1 Hour4 Hours1 Day3 Days

 

Table B: Performance Metrics – Enhanced Support – 24×7
Severity LevelSeverity Level 1
(requires notification by telephone)
Severity Level 2 Severity Level 3 Severity Level 4
Aerospike Initial Response Time15 min4 Hours1 Day3 Days

 

If Aerospike believes that a problem reported by Licensee may not be due to an Issue in Product, Aerospike will so notify Licensee. At that time, Licensee may (1) instruct Aerospike to proceed with problem determination at its possible expense as set forth below, or (2) instruct Aerospike that Licensee does not wish the problem pursued at its possible expense. If Licensee requests that Aerospike proceed with problem determination at its possible expense and Aerospike reasonably determines, and Licensee agrees, that the issue was not due to an Issue in Product, Licensee shall pay Aerospike, at Aerospike’s then-current and standard consulting rates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith. Licensee shall not be liable for (i) problem determination or repair to the extent problems are due to Issue in the Product; (ii) work performed under this paragraph in excess of its instructions; or (iii) work performed after Licensee has notified Aerospike that it no longer wishes work on the problem determination to be continued at its possible expense (such notice shall be deemed given when actually received by Aerospike). If Licensee instructs Aerospike that it does not wish the problem pursued at its possible expense or if such determination requires effort in excess of Licensee’s instructions, Aerospike may, at its sole discretion, elect not to investigate the issue with no liability.

3.     Severity Levels. “Severity Level” is the measure of the impact an Issue has on the use of the Software in the Licenses business’ context. Severity level is selected at the time of issue submission by the Licensee via an ‘impact statement’ and are defined as below:

a) “Severity 1” is defined as an issue that has a severe impact on a Licensees critical environment.

b) “Severity 2” is defined as an issue whereby a critical environment is experiencing partial impact or a non-critical environment is experiencing a severe impact.

c) “Severity” 3 pertains to a critical environment experiencing minor impact or a non-critical environment experiencing a partial impact.

d) “Severity Level 4” refers to cases which contain a question, documentation query or feature request.

Aerospike will provide a root cause analysis report on request for Severity Level 1 ARs. Updates on Issue analysis progress will be provided by Aerospike to Licensee at mutually agreed upon intervals.
Aerospike reserves the right to modify severity without notice.

4.     Exclusions.

a.     Aerospike shall have no obligation to support: (i) altered or damaged Products or any portion of a Product incorporated with or into other software; (ii) any Product that is not on a supported version of the Aerospike product; (iii) Product problems caused by Licensee’s negligence, abuse or misapplication, use of Products other than as specified in Aerospike’s user manual or other causes beyond the control of Aerospike; and (iv) Products installed on any hardware that is not supported by Aerospike as defined in these documents https://docs.aerospike.com/server/operations/plan/hardware and https://docs.aerospike.com/server/operations/plan/cloud or (v) third party products not provided by Aerospike. Aerospike shall have no liability for any changes in Licensee’s hardware that may be necessary to use Products due to a Workaround or maintenance release.

b.     If Licensee has purchased the Software through a reseller or if the Software is part of a 3rd party product, then the applicable agreement with the reseller or 3rd party Software provider shall apply for different or additional terms and conditions but not to exceed any commitment made by Aerospike in the aforementioned document.

5.     Definitions.

  • “AR Status Updates” shall mean an update provided by Aerospike to Licensee indicating the status of any open Assistance Request (“AR”), and issued at an agreed upon frequency.
  • “Designated Support Contact” (“DSC”) shall mean an individual or individuals designated by the Licensee.
  • “Issue” means a failure of a Product that significantly degrades such Product as compared to Aerospike’s published Documentation.
  • “Issue Correction” means the use of best efforts to correct Issues.
  • “Fix” means the repair or replacement of object or executable code versions of a Product or documentation to remedy an Error.
  • “Supported version of the Aerospike product” means the release of a Product that has been replaced by a subsequent release of the same Product. Notwithstanding anything else, a Previous Sequential Release will be supported by Aerospike only for a period of twelve (12) months after release of the subsequent release.
  • “Response Time” shall mean the interval from the time Licensee first opens the AR with Aerospike to the time when a knowledgeable Aerospike person contacts Licensee to start work on the AR.

THESE TERMS AND CONDITIONS CONSTITUTE A SERVICE CONTRACT AND NOT A PRODUCT WARRANTY. ALL PRODUCTS AND MATERIALS RELATED THERETO ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE AGREEMENT. THIS ATTACHMENT IS AN ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT EXCEPT TO THE EXTENT UNAMBIGUOUSLY CONTRARY THERETO.