Zmanda Terms for Technical Support Services

These terms (the “Technical Support Terms”) apply to Zmanda’s standard technical support services (the “Technical Support Services”) which are described below and provided in connection with Zmanda Products and Services. By purchasing or using the Products and Services and/or the Technical Support Services, Customer agrees to be bound by the General Enterprise Terms, these Technical Support Terms, and the applicable Order Form. Capitalized terms not defined in these Technical Support Terms have the meaning given to them in the General Enterprise Terms or the applicable Product and Service Specific Terms.

1. Additional Defined Terms.

“Executable Code” means the fully-compiled version of a software program that can be executed by a computer and used by an end user without further compilation.

“Maintenance Release” means a software release containing error corrections or minor enhancements, in Executable Code form, that is made commercially available by Zmanda and generally indicated by a change to the digit to the right of the first decimal point or a change in the digit to the right of the second decimal point in the applicable version number (e.g., a change from version x.x.x to x.y.x or a change from version x.x.x to x.x.y).

“New Version” means a software release containing major new enhancements, features or functionality, in Executable Code form, that is made commercially available by Zmanda and generally indicated by a change in the digit to the left of the first decimal point in the applicable version number (i.e., a change from version x.x.x to y.x.x) and the associated Documentation.

2. Updates.

Subject to the payment of applicable Fees, Zmanda will make available to Customer, when and if available, and within a reasonable time after general publication, Maintenance Releases and New Versions associated with each applicable Product and Service purchased by Customer pursuant to an Order Form.  Customer shall be responsible for installing any Maintenance Releases and New Versions for Client Software, On-Premise Software or any other software initially installed by Customer. Zmanda or its Authorized Partner will install and operate any Maintenance Releases and New Versions of cloud-based Products and Services.

3. Technical Support Services.

Technical Support Services provided by Zmanda or its Authorized Partners include the following: (i) assistance regarding Customer questions on the installation and operational use of the Products and Services; (ii) assistance in identifying and verifying the cause of suspected errors in the Products and Services; and (iii) workarounds for identified errors or malfunctions in the Products and Services, where reasonably available to Zmanda. Technical Support Services specifically excludes managed services, consulting, training and professional services. Support Services will be available 24x7x365 via telephone, email, and web submission through the customer service portal available at https://network.zmanda.com/support (the “Customer Service Portal”)

Severity levels of support requests

Each support request will be assigned a severity in accordance with the following guidelines:

Severity level Definition Examples
1 Production system is down and requires a critical recovery.
  • Production system crash or hang
  • Disaster Recovery required
  • Unable to perform recovery or failover
  • Critical restore failure
  • Hardware malfunction
2 Problem related to functions not available or coexistence with an environment that has significant impact on normal operations.
  • Performance of job function degraded, severely limited, or is incorrect and unavailable
  • License activation failed
  • Backups failing 2+ times1
  • Restore failures
3 Problem related to functions not available or coexistence with an environment that has minor impact on normal operations.
  • Performance of job function is largely unaffected
  • License key expiration
  • Backup failing for first time
  • Configuration or installation questions
4 Non-critical questions or problems
  • Questions on product use
  • Requests for documentation
  • Requests for features

Response target times

Severity level Response time Email
1 2 hours
2 4 hours
3 24 hours
4 24 hours

4. Limitations.

Zmanda will not be responsible for correcting any errors that are (i) not reproducible by Zmanda;  (ii) identified on modified versions of the server and/or software; or (iii) software errors related to any of the following: (A) failure to install or implement all Maintenance Releases or New Versions made available to Customer; (B) changes to Customer’s operating system or environment that adversely affect the Products and Services; (C) any alterations of or additions to the Products and Services made by anyone other than Zmanda; (D) use of the Products and Services in a manner for which such Products and Services were not designed or not otherwise in conformance with the Documentation; (E) accident, negligence or misuse of the Products and Services; or (F) use of the Products or Services  on a CPU other than the designated CPU(s) for the Products and Services at issue. Zmanda will only be obligated to support Products and Services versions for the later of one (1) year from the date of commercial release of such version or six (6) months following the date of commercial release of the subsequent Products and Services version.