These Software Support and Maintenance Terms and Conditions (“Support Terms and Conditions”) supplement the agreement governing your use of SolarWinds Software (defined below) (the “Agreement”) and govern the delivery of Support (defined below). Defined terms have the meaning set forth in these Support Terms and Conditions or the applicable Agreement.
1.1 Contact means the person(s) designated by You to act as the Company’s point of contact and who is
otherwise responsible for the day-to-day administration of the Software and the activities and responsibilities
agreed hereto.
1.2 Support Addendum(a) means additional terms and conditions set forth in Section 5 that relate to the
applicable supplemental support that You may order for Software, as set forth in Your invoice.
1.3 Release means all generally available releases of Software (as applicable) that (i) contain new features,
functionality, extensions, or fixes for bugs, and (ii) are designated by means of a change in the digit to either the
left of the first decimal point (e.g., Software 8.0>> Software 9.0), to the right of the decimal point (e.g., Software
8.0>>Software 8.1), or to the right of the second decimal point (e.g. Software 8.0>>Software 8.0.1).
1.4 Support means the applicable maintenance and/or support to be provided by SolarWinds or its designated
agents as set forth in and subject to these Support Terms and Conditions and the Agreement. If applicable, the
supplemental Support services set forth in the applicable addendum describing the scope of such supplemental
support services (“Support Addendum”) shall also apply with respect to the supplemental services ordered.
1.5 SolarWinds Software or Software means any SolarWinds software licensed by or made available to You
under the applicable Agreement.
1.6 Supported Platform means, for on premises Software or other locally downloadable Software components,
a Device or platform that functions with the Software and components contemplated for use with the Software.
Changes to any of the foregoing that break compatibility or inhibit the functionality of the Software, unless
authorized by the Documentation, do not constitute a Supported Platform.
1.7 Support Term means the period that You are eligible to receive Support, as set forth in the invoice, and which
starts the day the Software is delivered or made available to You, as applicable.
2.1 SolarWinds Support. Subject to these Support Terms and Conditions, SolarWinds shall, during the Support
Term, provide You with Support, provided that You have obtained the Software from SolarWinds or its authorized
partners.
2.2 Provision of Support. During the Support Term, You may receive:
2.2.1 Online Support. Your Contact(s) may submit support and related requests via an online webform that is
available on SolarWinds’ customer portal (“SolarWinds Customer Portal”) and its websites 24 hours a day, 7
days a week, 365 days a year. Each request is given a unique identification number for Your convenience and
reference. All online support submissions are managed using the English language.
2.2.2 Telephone Support. Telephone support is generally available 24 hours a day, 7 days a week, 365 days a
year.
2.2.3 Releases. For on-premise Software or other locally downloadable Software components You may receive
Releases of the Software, which can be obtained from the SolarWinds Customer Portal.
3.1 Purchase Requirement. Except as otherwise agreed upon by SolarWinds Support is provided only for the
most current, generally available Release of the applicable Software.
3.2 Access to Your Computer System. Upon notice to You, You acknowledge that SolarWinds may perform
Support that may be conditioned upon access to the Software and/or Supported Platform, or for which You may
elect to download a support Tool made available to You by SolarWinds. Any access by SolarWinds or download
of any support Tool is solely at Your election, Your discretion and Your risk. You understand and agree that the
completeness and accuracy of the information You provide to SolarWinds may affect SolarWinds’ ability to provide
Support to You. In addition, any use of any support Tool by You following the conclusion of a SolarWinds support
session is undertaken solely at your own risk and SolarWinds disclaims and excludes any and all liability or further
obligation related to Your use of any support Tool by You after Your support session ends.
3.3 Exclusions. SolarWinds will have no obligation to provide Support for problems caused by or arising out of
the following:
3.3.1 Modifications or changes to the Supported Platform or Software, except for any modification or change made
by You as directed by SolarWinds in the Documentation;
3.3.2 Use of the Software that is not authorized in the Agreement or the Documentation;
3.3.3 External physical factors, such as inclement weather conditions, which affects the ability to provide Support
and which may cause electrical or electromagnetic stress or a failure of electric power, air conditioning or humidity
control; neglect; misuse; operation of the Software with other media not in accordance with Documentation; or
causes other than ordinary use; and
3.3.4 Issues arising out of third-party products.
3.4 End of Life. Notwithstanding anything to the contrary herein, SolarWinds may, at its discretion, decide to retire
Software and/or Support for Software at any time (“End of Life”). SolarWinds shall have no obligation to provide
or renew Support for Software that is End of Life.
4.1 In addition to Your compliance with the Agreement and these Support Terms and Conditions, SolarWinds’
obligation to provide You with Support are subject to the following:
4.1.1 You agree to receive communications from SolarWinds via email, telephone, and other formats, including
communications concerning Support, the extent of Your coverage, errors, technical issues, and availability of
Releases.
4.1.2 The provision of Your organization’s name as well as Your Contact’s name, relevant contact information,
and Your SolarWinds identification number when You request Support.
4.1.3 Your cooperation with SolarWinds to enable SolarWinds to provide You with Support.
4.1.4 You are solely responsible for the use of the Software and shall properly train Your personnel in the use
and application of the Software in accordance with the Agreement and the Documentation.
4.1.5 Your prompt notification to SolarWinds of all problems with the Software and Your prompt implementation
of any corrective procedures provided by SolarWinds relating to the Software.
4.1.6 Your protection, storage, and back-up of data and information stored on Your Device or Supported Platform
on which and with which the Software is used. You are solely responsible for Your data and information in the
Software and should confirm that such data and information is protected and backed up in accordance with any
internal or regulatory requirements.
4.2 Designated Contact Requirements. The parties agree that Support is intended to be provided to technical
personnel performing the daily administration of the applicable Software. You shall identify at least one Contact
for SolarWinds’ records, and at least one of Your Contacts must be an administrator who coordinates and controls
access for other Contacts from the Company. SolarWinds will provide Support to only Your Contact(s). You may
not use a single Contact to act as a mere forwarding service for other personnel. Each Contact must be able to
communicate in English and possess the relevant technical knowledge necessary to assist SolarWinds in
performing Support contemplated under this Agreement. You must promptly notify SolarWinds of any change in
Your Contacts in writing. You shall allow one calendar week for processing by SolarWinds of any change in
Contacts.
If you are purchasing supplemental support services, the addendum describing the scope of such services are set forth in the applicable Support Addendum posted at https://www.solarwinds.com/legal/legal-documents shall also apply and supplement these Support Terms and Conditions and only for the products and/or instance for which the Support Addendum is applicable.
此内容由惯性聚合(RSS阅读器)自动聚合整理，仅供阅读参考。 原文来自 — 版权归原作者所有。