Page 1 of 13 Cisco OpenStack Private Cloud Indirect Service Description Service Description Version: 8 May 2015 This Cisco OpenStack Private Cloud Service Description (“Service Description”) describes the services comprising Cisco’s OpenStack Private Cloud Services (the “Services” or “Private Cloud Services”) that Cisco Systems and its affiliates (“Cisco”) will provide to the applicable End Users. The specific quantity and type of Services will be documented in a written Cisco OpenStack Private Cloud Service Order between the parties or as ordered by Reseller via Cisco’s website or Support Portal (collectively, “Service Order”). Sale via Cisco Authorized Reseller. If the customer is an end user who has purchased these Services through a Cisco Authorized Reseller, this document is for informational purposes only; it is not a contract between the End User and Cisco. The contract, if any, governing the provision of this Service is the one between End User and Authorized Reseller. The Authorized Reseller will provide the contract to the end user. This Service Description contains three (3) schedules which are incorporated into this Service Description by reference. Schedule 1: Support Model Options Schedule 2: Support Summary and Service Level Agreement 1. Definitions. The terms described in this Service Description will have the following definitions. Any terms not defined in the Service Description, is defined in the Agreement. 1.1. “Availability Zone” means a single deployment of Cisco OpenStack Private Cloud on a distinct set of infrastructure. 1.2. “Availability Zone Subscription” means the provisioning of the Services for each Availability Zone for the time period specified in a Service Order. 1.3. “Cloud Platform” means the functionality of the software systems involved in the delivery of cloud computing that is made available within an Availability Zone. 1.4. “Cloud Portal” means the website for managing cloud resources in an Availability Zone. 1.5. “Control Plane” means the software systems responsible for routing, system configuration and network management of the infrastructure resources. This includes backend system components such as the message bus, databases, APIs services, and the Cloud Portal. 1.6. “Data Plane” means the software systems responsible for transporting cloud network traffic. It includes the network connectivity through switches and routers to Hypervisor Nodes and virtual machine instances. The data plane does not include the operating systems or applications running within the virtual machines themselves. 1.7. “Documentation” means written materials and diagrams in hard copy and/or soft copy formats (including URLs) on how to access and use the Services. Controlled Doc. #EDM-120298704 Ver: 1.0Last Modified:6/30/2015 5:12:19 PM CISCO CONFIDENTIAL Cisco OpenStack Private Cloud Indirect Service Description 8 May 2015.doc Page 2 of 13 1.8. “Hypervisor Node” means a single physical server responsible for running Virtual Machines. 1.9. “Open Source Software” means software that is subject to an open source or similar licensing regime. 1.10. “Proprietary Software” means Cisco owned or proprietary licensed Software. 1.11. “Service Credit” means the credits Cisco issues to End User (via Reseller) for a Service Level Failure in the form of adding additional days to the applicable Availability Zone Subscription term at no additional charge to End User or Reseller. 1.12. “Service Levels” means the performance targets for the Services. 1.13. “Service Level Agreement” or “SLA” means the set of Service Levels and associated Service Credits for a Service Level Failure (defined below), all as set forth in Schedule 2. 1.14. “Service Level Failure” means an unexcused failure to meet the applicable Service Levels. 1.15. “Setup Services” means remote activities to configure, establish and provision the functionality of the Services according to the Services specifications. 1.16. “Support Portal” means the website a End User may access to request support, submit requests for Service Credits, and order incremental additional services (e.g. support for CPU sockets or storage). 1.17. “Virtual Machine” means a single virtual instance, running on a Hypervisor. 2. Overview 2.1. Cisco OpenStack Private Cloud provides a Cloud Platform that controls pools of compute, storage, and networking resources. These resources are managed through a Cloud Portal, command line, or application programming interfaces that gives administrators control, while allowing end users to provision the resources. The Cloud Platform is deployed and configured by Cisco on End Users servers, or other designated equipment, on the End User’s premises and managed remotely by Cisco. 2.2. Each deployment of the Cloud Platform includes a Control Plane and a Data Plane that resides on dedicated infrastructure within an Availability Zone. 2.3. The Control Plane provides the software components necessary to operate infrastructure resources via the APIs and Cloud Portal. The control plane runs on servers designated as Controller Nodes. This includes backend infrastructure such as the message bus, databases and service daemons but does not include Hypervisor Nodes. 2.4. The Data Plane provides the software components necessary involved in network reachability to cloud resources, such as virtual machine instances, that run on servers designated as Hypervisor Nodes. 2.5. As a part of the Private Cloud Services, Cisco will provide remote setup, management, maintenance and support for the Availability Zone(s) as further described below. Controlled Doc. #EDM-120298704 Ver: 1.0Last Modified:6/30/2015 5:12:19 PM CISCO CONFIDENTIAL Cisco OpenStack Private Cloud Indirect Service Description 8 May 2015.doc Page 3 of 13 3. Compute and Storage Service 3.1. Compute Service. This component of the Service allows the provisioning of virtual machines on Hypervisor Nodes within an Availability Zone. The service manages virtual machines images, authorization and authentication of requests, scheduling of resources and networking of the virtual machines on Hypervisor Nodes. Where configured, the virtual machines can also mount storage volumes provided by Cisco Storage Services, Reseller Managed Storage, or a combination of both. The compute Service can be accessed via a command line interface, or the Cloud Portal or APIs that run on the Controller Nodes. Pricing for this component of the Services is based on the total number of CPU sockets on all servers allocated to an Availability Zone. 3.2. Storage Service & Options. The Services allow End User to choose between Cisco Storage Services, Reseller Managed Storage, or use a combination of both types of Storage, as described below. 3.2.1. Cisco Storage Service. This storage option can provide additional enterprise grade block storage capabilities. These capabilities are enabled by coupling End User provided local storage on Hypervisor Nodes with the Control Plane to create a distributed storage platform, (a virtual Storage Area Network or “SAN”) for the Availability Zone where it’s deployed. The Services automates the provisioning and management of storage of the virtual SAN including storing multiple copies of data. If configured, storage from additional Hypervisors can be added to the pool of storage resources. For disaster recovery purposes Cisco recommends End Users protect and backup data outside of the environment. This service is optional and pricing is based on the amount of raw storage provisioned. 3.2.2. Customer Managed Storage. The Private Cloud Service also supports most commercially available enterprise storage technologies, which is supplied and managed by the End User. Cisco will configure the enterprise storage to operate with the Services as a part of the Setup Services if the Service supports the End User provided storage solution. If End User wishes to add supported storage after Setup Services have been completed, it can be added at no additional charge to End User by written request through the Support Portal. 4. Support Services 4.1. As a part of the Private Cloud Services, Cisco will provide maintenance, management and support for the Availability Zone(s) for the term of the Availability Zone Subscription. 4.2. For each Availability Zone Subscription, End User has the option to choose a support model of either “Standard Operations” or “Advanced Operations”. The services included for each support model are documented in Schedule 1. The fees for each support model are documented in the Service Order. 4.3. Private Cloud Services also include an SLA. The SLA terms vary based on the type of support model ordered in the Service Order. The SLA for each support model, including Service Credits that are available, is documented in Schedule 2. 4.4. Private Cloud Services do not include support for or management of End User virtual machine operating systems or applications, replacing or fixing any End User owned or leased hardware components (e.g. hard drives, CPU, fans, RAM, switches, routers, etc.) or any other infrastructure outside the direct control of Cisco except as expressly Controlled Doc. #EDM-120298704 Ver: 1.0Last Modified:6/30/2015 5:12:19 PM CISCO CONFIDENTIAL Cisco OpenStack Private Cloud Indirect Service Description 8 May 2015.doc Page 4 of 13 provided in this Service Description or a separate written supplemental services arrangement. Please refer to the SLA (see Schedule 2) and the Reseller and End User Commitments section below for a description of End User and Reseller responsibilities. 4.5. All Private Cloud Services are provided remotely. Therefore, Cisco requires on-going logical access to the Availability Zone as described in the SLA and Reseller and End User Commitment section below in order to provide Private Cloud Services. 4.6. Software and Software Update Services. As part of the Private Cloud Services, Cisco will maintain the Services (e.g. installing updates, bug fixes, etc. that is used as a part of the Services). Maintenance of the Services will be coordinated as part of the Services delivery based on the contracted support model. 5. Setup Services 5.1. As a part of the Services, Cisco will provide the Setup Services and provide the Documentation. Setup Services shall be provided during business hours only. Cisco personnel are not required by this Service Description to perform any services at End User’s location unless specified and detailed in a separate written agreement. Cisco will require persistent remote access to End User’s infrastructure and systems to perform Setup Services, as described in the Reseller and End User Commitments Section below. 5.2. Upon completion of Setup Services for the particular Availability Zone, Cisco will send an email to the End User that the Setup Services are complete and the Service is ready for End User’s use. The Setup Service is deemed accepted by the End User unless Reseller notifies Cisco or End User notifies Cisco (through the Support Portal) within three business days of the email with details on why the either the Reseller or End User believes the Setup Services have not been completed or are not operating in material conformance with its specifications. If there is a dispute about whether the Setup Services have been successfully completed, End User may not use the functionality of the Services until the dispute is resolved. The Availability Zone Subscription term Compute Services and Storage Services will begin when is the Setup Services are completed or forty-five (45) days from the Effective Date of the Service Order, whichever occurs first. 6. Supplemental Services 6.1. General. Supplemental services related to the Private Cloud Services may be available. Those may include, but are not limited to, training, capacity planning consultation hardware refresh consultation, and additional installation services. Supplemental services can be requested at the time of the initial Service Order or initiated via the Support Portal. Cisco will review the request, and if necessary, request additional information from Reseller and/or End User to provide an estimate of the fees, the scope of the services, and any additional terms that apply. Upon receipt of the estimate, if End User wishes to purchase the supplemental services, Reseller may place a Service Order for those supplemental services. 6.2. Training. Cisco offers “getting started” training for customers as a Supplemental Service. Cisco’s training provides practical understanding of how the Cisco OpenStack Private Cloud Platform works, how to use it, and how to interact with Cisco’s technical support function. Courses are comprised of a combination of presentation and materials and hands-on labs. A typical getting started training session is 1 day (8 hours) but can be tailored to the needs of the End User and will be agreed to at the time of purchase. Controlled Doc. #EDM-120298704 Ver: 1.0Last Modified:6/30/2015 5:12:19 PM CISCO CONFIDENTIAL Cisco OpenStack Private Cloud Indirect Service Description 8 May 2015.doc Page 5 of 13 7. End User Commitment. 7.1. Reseller and End User agree to reasonably support Cisco’s efforts to provide the Private Cloud Services. The responsibilities of the End User are outlined below. Cisco’s liability is limited and it will not be a breach of the Agreement to the extent End User or Reseller fails to perform its responsibilities and such failure prevents or limits Cisco’s performance. 7.1.1. Environment. Provide and maintain the required infrastructure and physical environment at End User’s location(s) where the Private Cloud Service operates. This includes, but is not limited to, server, storage, networking, racking, HVAC, cabling, power, network connectivity, as well as, software and hardware updates or upgrades to any infrastructure not directly controlled by Cisco. End User will provide Cisco with reasonable advanced written notice of any changes to the physical environment. Details of these requirements are provided or referenced in the Service Description or associated Documentation. 7.1.2. Operating System. Provide and build the requisite virtual machine operating system images, including any specific infrastructure components such as webservers, databases, etc. consistent with the Documentation. 7.1.3. Applications and Application Support. Provide compatible applications and manage all dependencies between the application(s) and the Private Cloud Service system environment captured in the Virtual Machine. 7.1.4. Private Cloud Service Use. Operate the Cloud Platform(s), including the creation of user accounts, creation of virtual machine instances, tenant oversight, and any other resources within the Cloud Platform(s) needed or requested by End User’s users. 7.1.5. Access. Allow Cisco to maintain sole and exclusive administrative remote access to the infrastructure and systems that the Service operates on, and provide persistent, reliable out-of-band access capabilities to reach the consoles of the infrastructure. This includes allowing Cisco to establish a secure virtual private network connection from the Availability Zone to Cisco. 7.1.6. Security and Backup. Maintain appropriate security against unauthorized access, use or deletion of End User data as well as protection and backup of End User data and content at all times. Establish and maintain appropriate security policies within the infrastructure, as well as any operating systems or applications. 7.1.7. General Information and Reasonable Assistance. Provide updated and accurate information on End User’s hardware and software environment, networking information, and similar information reasonably required or requested to provide the Services. Reseller and End User will reasonably work with Cisco in a timely manner to aid in Cisco’s provision of Service to End User. 7.1.8. Issue Triage & Resolution. Provide technical resources for the following: capture and provide details of reported issues, aid in replication and triaging issues as reasonably requested by Cisco, aid in testing fixes of issues, confirming issues are not related to End User provided hardware, software, applications, or other sources. Controlled Doc. #EDM-120298704 Ver: 1.0Last Modified:6/30/2015 5:12:19 PM CISCO CONFIDENTIAL Cisco OpenStack Private Cloud Indirect Service Description 8 May 2015.doc Page 6 of 13 7.1.9. Accuracy, Timeliness and completeness of Information. Reseller and End User will provide accurate, complete, and up to date information in response to any reasonable requests by Cisco. Controlled Doc. #EDM-120298704 Ver: 1.0Last Modified:6/30/2015 5:12:19 PM CISCO CONFIDENTIAL Cisco OpenStack Private Cloud Indirect Service Description 8 May 2015.doc Page 7 of 13 Schedule 1 Support Model Options The below table illustrates what is included for each support type offered for the Private Cloud Services. The support models are available applied per Availability Zone Subscription and are defined as Standard Operations and Advanced Operations. Feature Description Standard Operations Advanced Operations Support Help Center Cloud Admin Access to Support Portal, Documentation and the Private Cloud Service 24x7x365. Website & Phone Website & Phone Service Level Agreement Service Level commitments for support and platform availability. Yes, includes Support Service Level Agreement in Schedule 2. Yes, includes Support Service Level Agreement and Cloud Platform Service Level Agreement in Schedule 2. Maintenance & Upgrades Proactive issue troubleshooting, including Cisco supplied operating system and cloud software patches, upgrades & VM migrations. Yes, during Cisco defined maintenance windows Yes, Cisco to use End User defined maintenance windows. 24x7 Proactive Monitoring Proactive monitoring of the hardware contained in the Availability Zone to alert End User of potential issues, including assistance to help resolve issues detected. Yes Yes Capacity Planning Consultation Cisco provides End User with advice and guidance on performance and scaling of End User’s Availability Zone: assistance in selection of server, storage and networking equipment and architecture. Available via supplemental services arrangement Yes, up to 4 hours a month at no additional charge. Additional time is available via supplemental services arrangement Capacity Additions Support for when End User expands existing cloud controllers, Hypervisors, storage, compute or networking in an existing Availability Zone. Yes Yes Hardware Replacement & Refresh Support Support for when End User wants to refresh/replace its cloud controllers, storage or networking connected to Availability Zone. Support for replacement of End User’s defective hardware on a “like for like” basis is included in the fees. Available via separate supplemental services arrangement. Yes. Up to 2 projects per year at no additional charge. Also includes arranging for Cisco hardware replacement if there is a failure of any Cisco hardware managed by the Service and where End User has a valid Cisco support contract. Additional projects are available via separate supplemental services arrangement. Controlled Doc. #EDM-120298704 Ver: 1.0Last Modified:6/30/2015 5:12:19 PM CISCO CONFIDENTIAL Cisco OpenStack Private Cloud Indirect Service Description 8 May 2015.doc Page 8 of 13 Schedule 2 Support Summary and Service Level Agreement This Service Level Agreement is incorporated into the Service Description. If there is a conflict between this Service Level Agreement, Service Description, the Service Order and Agreement, this Service Level Agreement will prevail. This Schedule summarizes Cisco’s support processes and describes the Services Levels. If there is a Service Level Failure, Cisco will issue Service Credits for the Service Level Failure. 1. Support Summary 1.1. Support Operations. Cisco OpenStack Private Cloud Operations provides Technical Support 24x7x365 for advanced operations Availability zones. Technical support for “standard operations” Availability Zones will be provided Monday through Friday (8 AM to 6PM PST). 1.2. Requesting Support. End Users may request support by opening requests via the Support Portal or by calling Cisco OpenStack Private Cloud support at (855) 638-2568. Submitting a support ticket via the Support Portal is preferred as it allows the parties to more easily share technical data, error messages, and system information with Cisco support personnel. 1.3. Creating Tickets. Cisco support personal or automated systems may create tickets based on a issue related to the Services and assign a request classification type on behalf of the End User in response to phone calls or issues identified by any of Cisco’s monitoring systems. Cisco will notify End User’s authorized email distribution list, upon creation of a ticket in the Support Portal by Cisco or End User. 2. Support Definitions & Classifications 2.1. Support Classifications and Efforts. The severity of an issue related to the Services is classified by Cisco based on the condition of the Cloud Platform when End User submits a request for assistance. Cisco support personnel use the following definitions to classify issues and may revise severity levels according to actual impact of a reported issue after an initial investigation. 2.1.1. P1 (also known as “Critical Event” or “Severity 1”). The System is down or a primary component of the Service is inoperative. End User is unable to reasonably perform their normal functions and End User’s inability to use the Cloud Platform as intended has a critical effect on End User’s operations. This condition is typically characterized by complete Availability Zone failure and requires prompt correction. • • • • Control Plane is completely inoperable or unreachable. Data Plane is experiencing high packet loss and/or high-latency greater than in 200 milliseconds to at least 10% of virtual machines. Greater than 10% of total available “bare metal” Hypervisors in Availability Zone are unavailable, unreachable or inoperable within a single Availability Zone. Greater than 10% of Virtual Machines become unreachable within a single Availability Zone. Controlled Doc. #EDM-120298704 Ver: 1.0Last Modified:6/30/2015 5:12:19 PM CISCO CONFIDENTIAL Cisco OpenStack Private Cloud Indirect Service Description 8 May 2015.doc Page 9 of 13 2.1.2. P2 (also known as “Major Event” or “Severity 2”). The System is still usable by the End User, but is partially inoperative or a primary component of the Services is exhibiting intermittent errors. The situation is causing a high impact to portions of the End User’s business operations and no procedural workaround exists that can be implemented by Cisco or End User. The inoperative portion of the product severely restricts End User’s operations, but has a less critical effect than a P1 condition. • • • • Control Plane is partially functional- some Virtual Machine operations executed via the Control Plane (reboot, launch, resize, etc.) complete successfully, while others fail. Virtual Machine operations executed via the Control Plane are consistently delayed and/or substantially slowed. One or more bare metal Hypervisors are unavailable, unreachable or inoperable. Greater than 5% of Virtual Machines become unreachable within a single availability zone. 2.1.3. P3 (also known as “Minor Event” or Severity 3”). The System is usable by the End User, with little or limited impact to the function of the System. This condition is not critical and does not severely restrict the overall operations. The problem usually involves partial, non-critical loss of use of the Services. This is a medium-tolow impact on the End User’s business, including by using a procedural workaround. • Control Plane is functional-most Virtual Machine operations executed via the Control Plane (reboot, launch, resize, etc.) complete successfully but some intermittent Virtual Machines operation failures occur. 2.1.4. P4 (also know as “Information Request” or “Severity 4”). General usage questions, documentation errors, cosmetic or formatting errors, product enhancement suggestions. There is no significant impact on End User’s business or the performance or functionality of the Availability Zone. 3. Support Resource Commitment 3.1. Cisco and End User agree to dedicate resources to solve issues or tickets related to the Services outlined in the table below. Severity Level Resolution Objective P1 Cisco and End User will commit any necessary resources 24/7 to resolve or reduce the priority of the issue. P2 Cisco and End User will commit full-time resources during standard business hours to resolve or reduce the priority of the issue. P3 Cisco and End User are willing to schedule resources during standard business hours to resolve the issue. P4 Cisco and End User are willing to commit resources during standard business hours to resolve the issue. Table 1- Resolution Objective 4. Support Service Level Controlled Doc. #EDM-120298704 Ver: 1.0Last Modified:6/30/2015 5:12:19 PM CISCO CONFIDENTIAL Cisco OpenStack Private Cloud Indirect Service Description 8 May 2015.doc Page 10 of 13 4.1. Response Time & Status Updates. The following table identifies the service level matrix that defines the support provided by Cisco for each Severity Level. Severity Level Response Time by Support Model Type Frequency of Status Updates Standard Operations Advanced Operations P1 120 minutes 30 minutes Every 30 minutes P2 4 hours 2 hours Every 12 hours P3 48 hours 24 hours N/A P4 1 week 72 hours N/A Table 2 - Response and Update Service Level 4.1.1. ”Response Time” means the period between the receipt of a technical support request and the time of an initial response by Cisco support personnel via phone or email. 4.1.2. “Status Updates” means the updates provided by Cisco on the status of a support ticket. Status Updates will be provided via email and include current state, most recent findings / updates (if any available) and next update time. 4.2. Service Level Agreement & Service Credits- Response Time and Status Update 4.2.1. If Cisco has a Service Level Failure regarding the “Response Time” Service Level stated in “Table 2 - Response and Update Service Level,” Cisco will issue Service Credit(s) to End User (via Reseller) as follows: • Service Level Failure relating to unique P1, P2 or P3 issue: One (1) calendar day of Service for that Availability Zone per occurrence. 4.2.2. If Cisco has a Service Level Failure regarding the “Status Update” Service Level stated in “Table 2 - Response and Update Service Level” above, Cisco will issue Service Credits to End User (via Reseller) as follows: • Service Level Failure relating to unique P1 or P2 issue: One (1) calendar day of Service for that Availability Zone per occurrence. 4.2.3. For the sake of clarity multiple requests or support tickets associated to the same issue will count as one singular Service Level Failure for the purpose of calculating Service Credits. 4.2.4. The maximum aggregate Service Credit(s) for “Response Time” and “Status Update” Service Level Failures that may accrue per month will be seven (7) calendar days of Service Credit for the Availability Zones where the Service Level Failure occurred during the calendar month of the Service Level Failure(s). 5. Platform Availability Service Level (Advanced Operations Support only) 5.1. Availability Service Level Additional Definitions. The following additional definitions will apply to this Service Level. Controlled Doc. #EDM-120298704 Ver: 1.0Last Modified:6/30/2015 5:12:19 PM CISCO CONFIDENTIAL Cisco OpenStack Private Cloud Indirect Service Description 8 May 2015.doc Page 11 of 13 5.1.1. “Control Plane Services” provide cloud API (“Application Programming Interface”) and website interfaces used to manage cloud compute, storage and networking resources in an Availability Zone. 5.1.2. “Platform Availability” means the uptime (i.e. period of availability) of the Control Plane Services, excluding “Maintenance” and events outside of Cisco’s reasonable control, measured on a calendar monthly basis. 5.1.3. “Maintenance” means work performed (e.g. repairs, upgrades, or modifications) on the Cloud Platform by Cisco which causes the Cloud Platform to be partially or fully unavailable. Cisco will take commercially reasonably efforts to reduce the period of Maintenance. End Users with the “Advanced Operations” support package may elect to work with Cisco to schedule Maintenance activities. The categories of maintenance are as follows: 5.1.3.1. Regular Maintenance. “Regular Maintenance” means any planned maintenance for the Platform that is announced to the End User in writing or via email at least 72 hours in advance (or as scheduled between the parties if End User purchased the Advanced Operation service type. 5.1.3.2. Emergency Maintenance. “Emergency Maintenance” means critical unforeseen maintenance for the Platform to ensure security or reliability of the Platform. Written notice of any Emergency Maintenance will be given as soon as practicable. 5.2. Service Level Agreement - Platform Availability 5.2.1. Cisco’s Platform Availability Service Level for Control Plane Services Service is 99.99%, calculated on a per customer, per Availability Zone, and per calendar month basis. If there is a Platform Availability Service Level Failure then End User (via Reseller) will be eligible to receive Service Credits for the Availability Zone where there is a Service Level Failure as follows: Monthly Platform Availability 99.99% - 100% 99.9% - 99.99% Less than 99.9% Service Credit Days 0 3 7 5.3. Service Level Baseline Period. Cisco will begin measuring its performance against the Control Plane Service Levels once the Setup Services are complete, but End User will not accrue (and Cisco will not issue) Service Credits until after the “Baseline Period.” The Baseline Period is 30 days after Setup Services are complete. The Baseline Period allows the End User and Cisco to evaluate the Services are being performed as specified and the platform is operating according to the Documentation. 6. General Service Level Terms 6.1. Savings and Assumptions. 6.1.1. Savings. It will not be considered downtime, a Service Level Failure or a breach of the Agreement to the extent the failure or issue is caused by: • Connectivity problems not within the reasonable control of Cisco; Controlled Doc. #EDM-120298704 Ver: 1.0Last Modified:6/30/2015 5:12:19 PM CISCO CONFIDENTIAL Cisco OpenStack Private Cloud Indirect Service Description 8 May 2015.doc Page 12 of 13 • • • • • • • • • • • • Incompatible Cisco, third party, or customer hardware or software; Third party hardware software or networking errors or failures that causes issues; Denial of Service or similar attacks whose goal is to “overload” the Cloud Portal or Service with requests for information, content, or responses; Failure of third party applications or code, hardware, or its associated interfaces not controlled by Cisco; Viruses, malware or other disabling code present, and not introduced by Cisco; Usage that exceeds the capacity purchased by End User; Reseller or End User failing to perform its responsibilities and such failure directly causes the failure or issue; Reseller or End User failing to provide requested information, data, or cooperation in a timely manner relative to the timelines in the Service Level; Throttling by or at the request of End User; End User changing the Services, Software or its settings without authorization; The portions of the Service that are expressly designated as in beta or not in production (e.g. a redundant component not in use); A Force Majeure event or other events outside of the reasonable control of Cisco 6.2. Assumptions. The following are the assumptions made with respect to the Support Service Level Agreement. If any assumption proves to be inaccurate or false, Cisco will be relieved from the applicable Service Level. 6.2.1. End User will address problems when the root cause of a problem is related to the End User’s infrastructure (e.g. hardware, network, storage) or End User supplied images, virtual machine operating systems and/or applications that Cisco operations does not manage or control. If the End User does not address the rootcause of a problem outside of Cisco’s control, Cisco will continue attempt to resolve Support Events and meet the Service Levels but on a commercially reasonable efforts basis for all related incidents reported by the End User regardless of the severity of the issue, but Service Level Credits will not apply. 6.2.2. All times described in this Exhibit will be rounded up or down to the nearest minute. 7. Service Credits 7.1. Service Level Credit Requests. 7.1.1. Service Credit requests must be initiated by the End User through the Support Portal, or may be initiated by Reseller. 7.1.2. Reseller or End User must make the request within ten (10) days following the purported Service Level Failure and provide the following information in the request: • • • • Name of the Availability Zone where the claimed Service Level Failure occurred Nature of claimed Service Level Failure (e.g. Cloud Portal Availability) Date, time, and duration of claimed Service Level Failure Services impacted by claimed Service Level Failure Controlled Doc. #EDM-120298704 Ver: 1.0Last Modified:6/30/2015 5:12:19 PM CISCO CONFIDENTIAL Cisco OpenStack Private Cloud Indirect Service Description 8 May 2015.doc Page 13 of 13 • • Any activities performed prior to the claimed Service Level Failure Business impact of service outage/disruption Any other reasonably requested information pertaining to the claimed Service Level Failure (i.e. support ticket #) 7.1.3. Upon receipt of a Service Credit request, Cisco will promptly begin a root cause analysis and will provide an initial analysis within 5 business days. 7.1.4. Cisco will make commercially reasonable efforts to complete its analysis within 10 business days, but may be dependent on information and cooperation from third parties or from Reseller or End User. 7.1.5. Reseller and End User will reasonably cooperate with Cisco in its investigation of a claim, which may include providing Reseller or End User logs, access to persons and related data and cooperation. 7.1.6. If Cisco reasonably determines that a claim is valid and there has been a Service Level Failure, Cisco will issue Service Credits. 7.1.7. If Cisco reasonably determines that it is not at fault for the Service Level and Reseller disagrees with this determination, the parties will utilize the dispute resolution mechanism contained in the applicable Agreement with Reseller or, if there is no dispute resolution mechanism in the Agreement, by escalating it to more senior levels of management within its respective organizations. 7.2. Service Credit Scope. If there is a Service Level Failure that implicates multiple Service Levels, Reseller may select a single Service Level and associated Service Credits to apply to the Service Level Failure. For example, if Cisco fails to meet its Platform Availability Service Level and fails to notify End User of that failure, it will be considered two separate Service Level Failures. However, if Cisco fails to meet it’s response time and status update service level related to a single issue, it will count as a single Service Level Failure. 7.3. Service Credit Issuance. Cisco will notify End User and Reseller in writing upon when the additional days of Service are added to the Availability Zone Subscription, which will occur within 30 days of the determination is made that there has been a Service Level Failure. 7.4. Maximum Service Credit. The aggregate maximum amount of Service Credit to be issued by Cisco to any End User for all Service Level Failures that occur in a single calendar month will not exceed fifteen calendar days (15) for the Availability Zone where the Service Level Failure(s) occurred. Service Credits may not be applied or credited to other Availability Zones to avoid the maximum Service Credits. Service Credits may not be exchanged for, or converted into, monetary or equivalent amounts. 7.5. Sole and Exclusive Remedy. Except as expressly provided in the Agreement and/or this Exhibit, Service Credits are Cisco’s sole and exclusive remedy for any Service Level Failures. Controlled Doc. #EDM-120298704 Ver: 1.0Last Modified:6/30/2015 5:12:19 PM CISCO CONFIDENTIAL Cisco OpenStack Private Cloud Indirect Service Description 8 May 2015.doc