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Item 26 - Agreement with Allied Network Solutions, Inc. for Adobe Software and Subscription
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Item 26 - Agreement with Allied Network Solutions, Inc. for Adobe Software and Subscription
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1/27/2025 5:03:20 PM
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City Clerk
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Agenda Packet
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Information Technology
Item #
26
Date
1/21/2025
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Products with an installed FireEye operating system less than version 62; (iv) Products that have been declared <br />end of life; (v) Products that have no active Support Service in place; (vi) Products for which software updates <br />have not been applied; (vii) Products that have not been installed and deployed; or (viii) Products that are <br />misconfigured or incorrectly deployed, which prevents the Products from monitoring the Covered Systems. <br />Customer acknowledges that to facilitate FreEye's efficient performance of the Subscription. FireEye may control <br />some features and functionality of the Products, and that such features or functionality may not be available for <br />Customer's independent use during the Subscription Term. <br />FaaS Portal Availability <br />3.1 FireEye shall undertake commercially reasonable efforts to ensure the FaaS Portal availability for 99.9%of <br />the time during each calendar month. <br />3.1.1 "Service Outage" iswhere the FaaS Portal is not available due to a failure or a disruption in the FaaS Portal <br />That is not the result of Scheduled Maintenance, Emergency Maintenance, a force majeure event or of the act <br />or omission of Customer. <br />3.1.2 "Scheduled Maintenance Period" is the period during which weekly scheduled maintenance of the FaaS <br />Portal may be performed, or a maintenance window otherwise mutually agreed upon by FireEye and Customer. <br />3.1.3 "Emergency Maintenance' means any time outside of Scheduled Maintenance that FireEye is required <br />to apply critical patches orfixes or undertake other urgent maintenance. If Emergency Maintenance is required, <br />FireEye will contact Customer and provide the expected time frame of the Emergency Maintenance and <br />availability of the FaaS Portal during the Emergency Maintenance. <br />3.1.4 "System Availability' means the percentage of total time during which the FaaS Portal shall be available <br />to Customer, excluding the Scheduled Maintenance Period, Emergency Maintenance, force majeure events, or <br />acts or omissions of the Customer that cause system downtime. <br />3.2. Remedy <br />3.2.1 In the event That the FaaS Portal does not meet the monthly service availability defined in 3.1, FireEye will <br />provide a credit to the Customer in accordance to the table below ("Credit') fora validated SLA Claim (defined <br />below). <br />Percent of FaaS Portal Availability per Calendar Month <br />Service Credit <br /><99.9% <br />2% <br /><99.0% <br />5% <br /><98.0% <br />10% <br />3.2.2 For determining the Credit, the duration of a Service Outage will be measured as the Time starting when <br />Customer experiences a disruption in availability of the FaaS Portal and ending when a successful solution or <br />workaround allowing for full restoration of the FaaS Portal is provided by FireEye to Customer. Customer must <br />notify FireEye in writing of any Service Outage no later Than fifteen (15) days after The calendar month in which <br />the Service Outage occurred ("SLA Claim") to be entitled to a Credit for that Service Outage. <br />3.2.3 Any Credits earned by Customer hereunder will be applied to the Subscription Fees owed by Customer <br />for the next Subscription Term for which the Credit applies. If Credits cannot be applied to future Subscription <br />Fees because the Subscription Term has terminated for non -renewal or for a material uncured breach by <br />Customer, such credits shall become null and void. If Credits cannot be applied to future Subscription Fees <br />because the Subscription Term has terminated due to a material uncured breach by FireEye, FireEye will promptly <br />pay Customer the amount of the Credit. <br />3.2.4 Customer shall not be entitled to receive a Credit that exceeds 10%of its prorated monthly Subscription <br />Fee for a Service Outage for the applicable calendar month. <br />ConfideMial FireEye Rev. 812016 <br />Page 18 <br />
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