Exhibit A Subscription Services

Transcription

1 Exhibit A Subscription Services 1. Mirantis Subscription Services. Mirantis Subscription Services includes Mirantis OpenStack Support for Mirantis OpenStack Software and Open Source Components in consideration of the level of subscription purchased and fees paid by Customer. Mirantis will use commercially reasonable efforts to provide Customer with the Mirantis OpenStack Support Level and for the Configurations, Packages, and Releases as described below when a Customer submits a proper support ticket for any outage, failure, issue, or problem (each, an Issue ) with Mirantis OpenStack Software and Open Source Components. Any unauthorized use of the Mirantis Subscription Services is a material breach of the Agreement, such as (a) only purchasing or renewing Nodes based on some, but not all, of the total number of Nodes above the Node Limit, (b) providing Mirantis OpenStack Support to third parties, (c) using Mirantis OpenStack Support to provide support to third parties, (d) using Mirantis OpenStack Support in connection with any redistribution of Mirantis OpenStack Software and/or (e) using Mirantis OpenStack Support to support or maintain any software not provided by Mirantis without Mirantis OpenStack Support for each Node of such software for which you use Mirantis OpenStack Support. 2. Mirantis Portal, Software, and Documentation. Mirantis Subscription Services includes access to the Mirantis Portal, Software, and Documentation as provided below Mirantis Portal. Mirantis hereby grants to Customer a non-exclusive, non-transferable and limited right, during the Mirantis Subscription Services term, to access and use the Mirantis Portal and to download copies of the Mirantis OpenStack Software, Open Source Components, and Documentation from the Mirantis Portal. The Mirantis Portal may be accessed and used solely by authorized users with valid user IDs granted to Customer by Mirantis as provided below and associated passwords. Customer agrees to use the Mirantis Portal, Mirantis OpenStack Software and Documentation in accordance with all applicable laws, rules and regulations. To access and use the Mirantis Portal, Customer must register with Mirantis. Customer agrees to provide Mirantis with accurate, current and complete information when registering and update such information when any of the information changes. As part of the registration process, Customer will be required to designate the authorized user(s), provide their respective names, titles and contact information, and obtain a user ID and password for each. Each authorized user must use his or her own user ID, and Customer will not permit any person to use a user ID unless it is his or her own user ID. Customer may change, add or remove its authorized users by written notice to Mirantis and obtain a user ID and password for each new authorized user. Customer hereby acknowledges and agrees that (a) it bears sole responsibility for protecting the user IDs and passwords; (b) it will not provide any user ID or password to any third party; and (c) it will remain fully responsible for any use of the Mirantis Portal or Mirantis OpenStack Software accessed through its user IDs Mirantis OpenStack Hardened Packages. Mirantis hereby grants to Customer a perpetual, worldwide, non-exclusive, nontransferable and royalty-free license, under Mirantis copyrights, to reproduce, prepare derivative works of, install and use, only within Customer s enterprise and on a number of Nodes that does not exceed the number of Nodes for which Customer has paid the applicable Fees, the Mirantis OpenStack Hardened Packages downloaded from the Mirantis Portal, only for Customer s internal production use and in accordance with the applicable Documentation Other Mirantis Subscription Services include access to certain open source and other software programs originating from third parties ( Open Source Components ) that are provided to Customer under the applicable license agreement, which may be in the header file of each software component ( Open Source License ). Customer acknowledges and agrees to the terms and conditions in each such Open Source License. To the extent there are any conflicts between any terms of any agreement and any terms of the respective Open Source License, in which the Open Source License does not permit, such conflicting terms will not apply. In the event any fees are charged by Mirantis in connection with the Mirantis OpenStack Software, such fees do not apply to any Open Source Components for which fees may not be charged under the applicable Open Source License Documentation. Unless otherwise set forth with respect to any particular materials, Documentation is made available under the terms and conditions of the Creative Commons Attribution-ShareAlike 3.0 license at Evaluation Use. Customer may use up to 20 Nodes of Mirantis OpenStack Hardened Packages as provided in section 2.2 for Customer s non-production internal use for the purpose of evaluating and testing Mirantis OpenStack Software ( Evaluation Use ). Mirantis has no obligation to provide any support, maintenance, error correction, bug fix, new release, upgrades, updates or modifications to or for the Mirantis Portal, Mirantis OpenStack Software, Open Source Components, or Documentation for Evaluation Use. 3. Supported Configurations and Packages. Mirantis OpenStack Support is provided: a. For all Mirantis OpenStack Software configurations deployed by unmodified FUEL Software (provided through the Mirantis Portal); b. For Open Source Components if they pertain to the functionality of and used exclusively for the purpose of maintaining a

2 Mirantis OpenStack Software environment that conforms with the Mirantis Reference Architecture and Documentation at c. To assist with resolving functionality Issues experienced by Customer that deviate from Mirantis documented behaviors in the form of workarounds, bug fixes or patches to Mirantis OpenStack Software for components included in the Mirantis OpenStack Hardened Packages; and d. To assist Customers with problems encountered during installation, but not including performing the installation Open Source Component Updates. Open Source Components (e.g. the host operating system, hypervisor, MySQL database, RabbitMQ messaging server) will receive updates, if or when available, and if such updates pertain to the functionality of the Customer s Mirantis OpenStack Software environment. For Non-Mirantis OpenStack Software Issues that relate to the operation of Mirantis OpenStack Support will analyze the Issue and recommend a fix or workaround to the Customer Support Exclusions. Mirantis OpenStack Support does not include: a. Assistance with modified packages, unsupported functionality (e.g. not defined in the Documentation), code development, system design, network design, or architectural design; b. Performance tuning and optimizations unless an Issue prevents the operation of Mirantis OpenStack Software; or c. Providing guidance or instructions for upgrading components to non-supported versions of Mirantis OpenStack 4. Release Support. Mirantis will make commercially reasonable efforts to provide Mirantis OpenStack Support for general availability ( GA ) releases of Mirantis OpenStack Software, and the Open Source Components and versions provided with the GA releases of Mirantis OpenStack Software, as shown in Table 4, Release Support. Coverage for prior releases can be found at Mirantis OpenStack Support does not cover community releases, OpenStack Experimental Features, or non-ga releases, including release candidates. Mirantis OpenStack Support does not cover software releases of packages after the end of the second year after GA. Table 4, Release Support Full Support Limited Support Release For one (1) year following the GA of each version of Mirantis OpenStack During the second year after GA of each version Mirantis OpenStack Description Patches, bug fixes, and / or workarounds to help enable Mirantis OpenStack Software to operate as described in the Documentation. Existing fixes or workarounds, if available, to enable Mirantis OpenStack Software to operate as described in the Documentation. If the Issue requires escalation to development for further guidance or requires a patch, Customers will be asked to upgrade to or deploy a fully supported version of Mirantis OpenStack Software, software package or version of software package. Technical workarounds may be limited or not possible. 5. Coverage: Levels and. Mirantis will provide the level of support purchased by Customer. Table 5, Levels and, describes the level of support and response that is included in each support level. 2 of 5

3 Table 5, Levels and Support Hours 9 a.m. - 5 pm., Monday - Friday Mirantis OpenStack Support Levels 8 x 5 24 x 7 Proactive 1 24 hours x 7 days a week 24 hours x 7 days a week # of customer contacts 3 Unlimited Unlimited # of incidents Unlimited Unlimited Unlimited Access to new versions Yes Yes Yes Designated Support Team N/A N/A Yes Designated Customer Success N/A N/A Yes Manager On-site Support Engineer N/A N/A Yes Standby Specialist N/A N/A Yes Guidelines Severity 1 (Critical Impact) A Severity 1 Issue occurs when there is a continued system outage. The system is down and non- functional due to the problem and no procedural workaround exists. Severity 2 (High Impact) A Severity 2 Issue occurs when there is a sporadic system outage or a problem that is consistently encountered with significant impact to functionality. Severity 3 (Medium Impact) A Severity 3 Issue occurs when there is a problem that affects the functionality or features of Customer s Mirantis OpenStack Software environment but there is no impact to critical functionality. Severity 4 (Low Impact) A Severity 4 Issue occurs when there is a problem that leads to minor loss of functionality or where affects the functionality of a particular feature of the system. Severity 4 Issues may also include information requests, feature requests and cosmetic fixes. 8 x 5 24 x 7 Proactive Initial Updates Initial Updates Initial Updates 4 hours 1 hour 1 hour 1 hour 15 min 1 hour (must be reported by phone) 8 hours Daily 2 hours 4 hours 1 hour 4 hours 24 hours Every 2 weeks 4 hours Weekly 4 hours 2 Business days 48 hours Quarterly 8 hours Monthly 8 hours Weekly Note 1: Proactive is available for specified regions. Contact your Mirantis representative to determine if Proactive is available in the desired region. 3 of 5

4 x 5 Mirantis OpenStack Support. For 8 x 5, Mirantis provides support services to Customer during the 8 x 5 Business Hours of Support. Business Hours are 8:00 a.m. to 5:00 p.m. in the time zone where the product is installed or the primary location of usage if installed in multiple time zones. For example, if Customer properly submits a support ticket for a Severity 1 Issue at 4 p.m. on a Friday, Mirantis must respond to such request by 11 a.m. on the following Monday Proactive Mirantis OpenStack Support. Proactive includes: a. A Designated Support Team familiar with the Customer s environment that provides personalized Issue resolution and will be available 24 x 7 for Severity 1 and Severity 2 issues requiring continuous Issue resolution. b. A Designated Customer Success Manager that will familiarize themselves with Customer s technical environment, business objectives, and Mirantis OpenStack Software roadmap, coordinate overall support service delivery, and the following: Assist with the development and maintenance of Customer plans that outline the critical factors, metrics, and potential issues, and action plans; Coordinate quarterly operations reviews; Establish meetings with Mirantis product team personnel to review status and action plans for open cases, on an if and when available basis; Is the Customer's single point of contact for support, to help drive critical Issue management, escalation and resolution; Coordinate access to community and Mirantis product team. Communicate Customer s position(s) for inclusion in future OpenStack software/product releases; Coordinate periodic health checks to help ensure peak performance and maximum uptime; Provide guidance in Mirantis OpenStack Software life cycle planning and coordinate impact analysis of hardware/network change requests; or Educate Customer on key new features/fixes and assist with planning for new releases of Mirantis OpenStack c. An On-site Support Engineer that is available for Issues where remote support is not providing reasonable progress toward Issue resolution or mitigation. Mirantis and Customer will promptly discuss the benefits of sending a Mirantis engineer on site to Customer s facility. If both parties agree that an On-site Support Engineer will accelerate progress toward Issue resolution or mitigation, Mirantis will use commercially reasonable efforts to provide an On-site Support Engineer within 24 hours, or less, of receiving a written request from Customer. d. A Standby Specialist that may be used for Customer s planned maintenance window. Customer may request a Standby Specialist, with at least one-week notice, to be available on standby to remotely assist with any potential Issues during Customer s planned maintenance Any resolution to an Issue that result in software code enhancements will be regression tested by Mirantis and new test cases will be developed, where applicable. Final resolutions to Issues will be provided in the form of an operational recommendation and/or a patch. To the extent applicable, Customer acknowledges and agrees that Mirantis will use commercially reasonable efforts to contribute enhancements, patches or other functional developments back to the applicable open source development community upstream; however, some of the fixes may take time to propagate upstream and the that community may not accept any such contributions. Mirantis does not warrant or guarantee that a solution to your Issue can be found within a certain time period or whether there is a solution at all. 6. Submission of a Support Ticket Submit a Ticket. To receive Mirantis Support Services, Customer must submit a support ticket through the Mirantis online Issue tracking database available at or by contacting Mirantis at +1 (925) FUEL (3835). Mirantis will maintain and provide Customer access to the Mirantis online Issue tracking database on a continuous basis. Mirantis encourages the open development of OpenStack enhancements and fixes, and therefore (and Customer hereby agrees that) all Issues relating to open source community projects will, by default, be open and available to the applicable open source communities Support Ticket Requirements. When submitting a support ticket, Customer must provide a description of the Issue and other relevant information that will assist Mirantis in solving the Issue, such as: 4 of 5

5 System hardware and software configuration, including precise product version numbers and release configuration information; Symptoms of the problem, including end user impact; Steps taken to reproduce the problem; Conditions under which the problem can be reproduced; Any attempts at resolution or progress that has been made toward resolution; Any workarounds that exist to reduce the severity of the problem; The suspected root cause of the problem; Customer s assessment of the impact caused by the Issue on Customer s environment; and Customer selected Severity when submitting a support ticket to Mirantis. Following the submission, Mirantis and Customer may reclassify the severity level depending upon the impact of the Issue experienced by Customer. Support ticket submissions that are missing any of the critical elements described above will limit the ability of Mirantis to assist in the prompt resolution of an Issue. If relevant information is not provided, Mirantis will inform Customer of what specific information is needed before any work will commence on the support case. 5 of 5