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3.3. Subscription Availability <br />(a) The FireEye ISIGHT API will have at least 99% system uptime ("API Uptime Standard"). <br />(b) The iSIGHT MySIGHT Portal will have at least a 99% system uptime ("Portal Uptime Standard"). <br />(c) FireEye realizes that a failure to meet the Response Time Standard, API Uptime Standard and the Portal <br />Uptime Standard (collectively, the "Service Level Standards") could have an adverse impact to Customer. If <br />FireEye fails to meet any of the Service Level Standards ("Service Level Failure"), FireEye will: (i) promptly <br />investigate and report on the root cause of the problem; (ii) advise Customer of the remedial efforts being <br />undertaken with respect to this failure to meet the Service Level Standards; (iii) use commercially reasonable <br />efforts to correct the problem and begin meeting the Service Level Standards; and (iv) take appropriate <br />preventative measures designed to ensure that the problem does not recur. <br />Confidential FireEye Rev. 8/2016 <br />Page 39 <br />