Technical Support Agreement Thank you for purchasing Coho Data Technical Support. There is no requirement to register the Coho Data system (s). The serial numbers are automatically registered with Coho Technical Support, at the time of purchase. This Coho Support agreement entitles the owner to Coho Data’s world-class team of Technical Support Engineers and Administrative Support Personnel, to assist with software and hardware problem resolution. Technical support is only available for purchase from Coho Data and Coho Data Partners and features the following key elements: ■ Phone, email support ■ Web Support ■ Software updates ■ Hardware Repair/Replacement Coho Support assistance is primarily designed to address “break/fix” scenarios. For matters of network design, integration, implementation, optimization, etc. please contact Coho Data Professional Services. “Installation”, “Technical Account Manager” and “on-site” services are also available as optional services, at additional cost. Telephone Support Coho Support is available 24 x 7 x 365. For Severity 1 (S1) and Severity 2 (S2) issues, call for immediate assistance. For Severity 3 (S3) and Severity 4 (S4) issues, please email or use the Coho Data Online Support Portal to open a support case. If Internet access is unavailable for a S3 or S4 issue, contact Coho Support by calling one of the following phone numbers: Country Phone Number US and Canada 1-855-786-2646 (855-RUN-COHO) / Local: 1-408-419-1907 x2 International 1-408-419-1907 x2 Web Support The Online Support Portal allows the support contract holder to open S3 and S4 cases, access our Customer Support Forum, online manuals, release notes, track open cases, and more. Please visit us at: www.cohodata.com/support Technical Support Agreement 1 CUSTOMER SERVICE REQUESTS If a technical issue arises with a Coho Data product, please contact the Coho Support Center. Our staff is prepared to troubleshoot any hardware or software issue, as well as coordinate advanced replacement parts shipment, that may be necessary, as covered in the customer’s support contract level. Whether opening a case via telephone, the Online Support Portal, or email, please have the following information available: ■ Authorized technical contact, within your organization. ■ Concise description of problem. ■ Product serial number. ■ Host details. (one problem description per case) (ESXi version, number of connected/affected hosts, etc.) ■ Product model number and OS version. ■ Network topology. (IP details, VLAN, VMs, etc.) ■ DataStream Technical Support Archive. SUPPORT CENTER SERVICE REQUEST RESPONSE Coho Support will assign each service request (each a “Case”) with one of four Severity Level designations at Coho Support’s reasonable discretion. Customers must read and understand the following Severity Levels when submitting a service request: Severity Level Definition Acknowledgment 1 Response 2 Severity 1: Critical Operation and/or Service down. Within 30 minutes. Within 1 hour. Severity 2: High Service is functional. Performance impacted. Within 30 minutes. Within 2 hours. Severity 3: Medium Performance is impaired. No business impact. Within 4 business hour. Within 1 business day. Severity 4: Low Informational request. Within 1 business day. Within 2 business days. Table 1 - Sever ity levels NOTE: Severity 1 and Severity 2 cases are immediately routed to the Technical Engineer, for live handling. 1 Coho Support will contact the customer, acknowledge the case, and assign it to an available Technical Support Engineer. 2 A Technical Support Engineer will contact the customer, by a preferred method of contact, within the defined time. Technical Support Agreement 2 HARDWARE AND SOFTWARE STANDARD WARRANTY Coho Data systems include a standard hardware and software warranty; no additional purchase is required. Furthermore, Coho Support provides phone support during normal business hours for replacing defective parts, within the standard warranty period. ■ 1-Year Hardware Warranty For Systems that do not have support contract, Coho Support will replace defective hardware parts after receiving the defective parts. 1 ■ 90-Day Software Warranty For 90 days we will provide software updates for any defects. However, automatic software updates will require a support contract. SUPPORT ENTITLEMENTS Support Plan Technical Support Web Portal Access 2 Duration Hardware Replacement Software Updates Silver 1, 2, 3 years Next business day Advanced Delivery Length of contract Gold 1, 2, 3 years Next business day Advanced Delivery 3 Length of contract 24 x 7 x 365 Yes Platinum 1, 2, 3 years 4-hour Advanced Delivery 4 Length of contract 24 x 7 x 365 Yes 9 AM to 6 PM (local business hours) Yes Table 2 - Suppor t Offer ings On site technician option is available on both the Gold and Platinum plans. Please contact your Coho Sales representative for more information. Explanation of delivery times for Silver and Gold offerings: ■ Next business day The hardware will be delivered on the next business day if an RMA, Return Merchandise Authorization, request is approved by 12pm local time. ■ Next calendar day The hardware will be delivered on the next calendar day, including weekends and holidays. If an RMA request is approved by 12pm local time. 1 For hardware warranty claims, defective parts must be received before replacement parts are shipped. 2 Web Portal is available 24 x 7 x 365, except during maintenance periods or other unplanned down time. 3 Next calendar day advanced delivery option available. 4 4-hour support location must be qualified by Coho Support. Technical Support Agreement 3 RMA PROCESS A case is required for hardware troubleshooting and product replacement. All returns must be authorized and assigned Return Materials Authorization (RMA) numbers in advance by a Coho Support Staff. To begin the RMA process, contact Coho Support via theOnline Support Portal, phone, or e- mail. Be prepared to provide serial number (s), your shipping address, shipping contact name, shipping contact phone number, and a description of the problem. If a hardware failure is determined as the cause of the problem, or if a hardware repair/replacement is required for any other reason, Coho Support will create an RMA. The RMA number is linked to your case and communicated to you, along with return instructions. COHO DATA CANNOT BE HELD RESPONSIBLE FOR ANY PRODUCT RETURNED WITHOUT AN RMA NUMBER OR OTHER REQUIRED INFORMATION AND ANY SUCH PRODUCT MAY BE REFUSED AND RETURNED AT THE CUSTOMER'S EXPENSE. For a Technical Support level that permits advance hardware replacements, delivery of a replacement product will occur prior to receipt of the defective hardware, by Coho Data. Any RMA requests received before 12:00 p.m. PST, Monday through Friday (excluding local holidays), Coho Support will ship the replacement unit the same business day, to arrive at the customer premises the next business day. Any RMA requests processed after 12:00 p.m. PST, Monday through Friday, the replacement will ship to the customer, on the following business day. All hardware units, shipped as exchange replacements from Coho Data, will ship at no cost to the customer. The shipment will comprise of a standard or reconditioned components of equal or better quality, revision level, and/or functionality. Upon receipt of the replacement unit, the defective unit must be returned and received by Coho Data, no later than 10 business days after the replacement unit has arrived. For customers outside of North America, Coho Data must receive the defective unit within 20 business days, from the receipt of the replacement unit. Should Coho Data fail to receive the defective unit(s), the customer will be billed the then current Coho list price for the product. Non- payment may result in suspension of all support services from Coho Data. Advance hardware replacement may not be available in all geography areas and is subject to delays due to weather, acts of God and other force majeure events. For a Coho Support level that does not permit advance hardware replacement, defective hardware must be shipped back to Coho Data, no later than 10 business days after receipt of an RMA number. For customers outside of North America, Coho Data must receive the defective hardware within 20 business days after receipt of an RMA number. Should Coho Data fail to receive the defective unit(s), Coho Data will cancel the pending RMA request. If the Technical Support level entitlement allows retention of defective hardware parts, there is no requirement to return any defective hardware part to Coho Data that are covered by the non- return option. However, it is required that other defective hardware parts not covered by the non-return option, are returned to Coho Data, subject to the processes, conditions and requirements detailed above. CLOSURE AND RESPONSIVENESS A customer support request is typically closed upon confirmation of resolution. Otherwise, Coho Support may close a case, if there is no communications after two contact attempts, during a fourteen day period. Support requests may also be closed if the issue is addressed in an already- released update or patch, with acknowledgment and agreement from the customer. Technical Support Agreement 4 SUPPORT LIMITATIONS Software Support Limitations Software support shall include software updates that are developed by Coho Data, during the Technical Support term. Coho Data is not obligated to remedy any software error or provide technical support for any Coho software issue resulting from (i) alteration of the Coho software, except by Coho Data or in accordance with its instructions, (ii) damage to the Coho software by improper environment, abuse, misuse, accident or negligence, (iii) outside causes not related to the Coho software, (iv) use of the Coho software in conjunction with an unsupported product, (v) failure to install Coho software updates, made available by Coho Data (to the extent that the error or problem would have been avoided by installation of the update), and/or (vi) use of the Coho software outside the scope of your license, including installation of the software on a non-permitted hardware configuration. Coho’s software support and maintenance services do not cover the following items: n Software that is superseded by more than two release cycles and/or greater than twelve (12) months since the current release. n Software code customizations. n On-site support services, without prior and separate Coho Data Professional Services agreement. n Any software installed without formal authorization by Coho Data. Hardware Support Limitations Coho Data’s hardware support obligation shall not apply to the extent that the applicable hardware is damaged or malfunctions, as a result of improper installation, misuse, accident, or unauthorized repair or modification, or is not used in accordance with the documentation or other applicable instructions (including, but not limited to, damage or malfunction of the hardware caused by the addition or installation of any non-Coho-provided hardware or software). Coho Data’s hardware support and maintenance services do not cover the following items: n Any services in connection with or arising out of (i) relocation of the hardware, (ii) the addition, removal, or maintenance of any third party equipment, accessories, attachments or other devices not originally forming part of any Coho product, and any electrical work external to the Coho product, (iii) unusual external causes such as, but not limited to, power failure, power surges, air conditioning failure, humidity, accident, fire, explosion, or force majeure. n Coho Data products, for a period of two (2) or more years from end of sales, or one (1) year from end of life. For details on end of sales and end of life, please contact your Coho sales professional. n On-site support services, without prior and separate Coho Data Professional Services agreement. You acknowledge and agree that the installation of any software not provided or authorized by Coho Data will result in termination of all hardware and software support services. Technical Support Agreement 5 TERMS AND CONDITIONS Trademarks COHO DATA and the "C" Logo are the trademarks of Coho Data in the U.S. and other countries. Coho Data’s trademarks may not be used without written permission. Other trademarks, service marks, and trade names that appear in Coho documents, products, auxiliary, and/or service agreements described herein may be registered marks of their respective owners and Users are not permitted to use them without the consent of such owners. Copyright © 2015 Coho Data. All rights reserved. No part of any Coho documentation or agreement may be reproduced without the express written consent of Coho Data. Auxiliary Agreements n n n n n Terms and Conditions of Sale: cohodata.com/documents/TermsAndConditionsOfSale.pdf Software End User License Agreement (“EULA”): cohodata.com/documents/EULA.pdf Open Source Licenses: Located in the EULA and at cohodata.com/licenses Website Terms of Use and Privacy Policy: cohodata.com/terms and at cohodata.com/privacy Technical Support Agreement (this document): cohodata.com/documents/TechnicalSupportAgreement.pdf Governing Law These Terms and Conditions shall be governed by the laws of the State of California, excepting its conflicts of laws provisions. The United Nations Convention on the International Sale of Goods shall not apply to these Terms and Conditions. Specifications and Terms Specifications and terms subject to change without notice. Coho Data, Inc. US Office 4151 Middlefield Road, Suite 100, Palo Alto, CA 94303 408.419.1907 Canadian Office 1110 Hamilton Street, Suite 500, Vancouver, BC. V6B 2S2 778.724.0761 Technical Support Agreement, version 02.0.0.04 Document number: 770-00018 Printed on: July-08-15 Technical Support Agreement 6