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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
Agency
Information Technology
Item #
26
Date
1/21/2025
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EXHIBIT C <br />FIREEYE SUPPORT SERVICES APPLICABLE FOR FIREEYE PRODUCTS <br />1. SUPPORT PURCHASED SEPARATELY FROM THE PRODUCTS. In the event Customer has purchased the <br />Products and pass -through Support Services from FireEye through a FireEye authorized reseller (a "Reseller"), <br />Customer will be entitled to all the rights herein set forth related to the level of Support Service requested and <br />paid for by it, provided Customer: (a) is the original purchaser of the covered Products, (b) has provided true, <br />accurate, current and complete information to FireEye included with its purchase; and (c) has maintained and <br />updated this information to keep it true, accurate, current, and complete. <br />2. SUPPORT SERVICES PROVIDED BY FIREEYE. <br />FireEye offers a range of programs for the support of its Products as described below ("Support Programs"). <br />Customer shall be entitled to receive the Support Services specified on the applicable support invoice and <br />described below to the extent that Customer has paid in full the applicable Fees for Support Services. <br />2.1 Software Maintenance Services - include each of the following: <br />Software Updates. During the Support Term , FireEye shall provide Customer notification of bug fixes, <br />maintenance patches and new releases which may contain minor enhancements to the features or functions <br />of the Product ("Updates"). FireEye may designate a particular release of the Product as an Update at its sole <br />discretion. Customer may obtain Updates either through delivery of a machine-readable copy pursuant to <br />instructions contained in the document notifying Customer of an available Update or by downloading the <br />Update from FireEye's server via the Internet. FireEye reserves the right to impose additional charges for releases <br />of Products (i) that provide major enhancements to the features or functions of the Products, as determined by <br />FireEye at its sole discretion; or, (ii) that provide additional features or perform additional functions not provided <br />or performed by the Products. <br />Software Error Corrections. During the Support Term, FireEye shall use commercially reasonable efforts to correct <br />any reproducible programming error in the software associated with the Product attributable to FireEye, <br />employing a level of effort commensurate with the severity of the error, provided, however, that FireEye shall <br />have no obligation to correct all errors in the Products. Upon identification of any programming error, Customer <br />shall notify FireEye of such error in writing and shall provide FireEye with enough information to locate and <br />reproduce the error. FireEye shall not be responsible for correcting any errors not attributable to FireEye. Errors <br />attributable to FireEye shall be those that are reproducible by FireEye on unmodified Products. If it is found that a <br />particular error is fixed in the most current Product release, then FireEye shall have no obligation to fix the error in <br />any prior Product release and Customer will need to upgrade to the current Product release in order to obtain <br />the fix. <br />2.2 Support Programs <br />(a) Platinum Support includes all of the services set forth above under Software Maintenance Service (section <br />2.1) and additionally: <br />• Email, Live Chat, Web or Telephone Support. During the Support Term, FireEye shall provide Customer <br />technical email, live chat, web or telephone support for the Products twenty-four (24) hours per day, 365 <br />days a year. FireEye's support technician shall only be obligated to respond to Customer's fifteen (15) <br />designated contacts. <br />• FireEye shall use commercially reasonable efforts to respond to the request for support as detailed in the <br />Initial Response Times table found at https://www.fireeye.com/support/programs.html regarding use or <br />installation of the Product that is communicated to FireEye via one of the mechanisms above to the <br />attention of FireEye's support engineers. <br />Product Return. During the term of this Agreement, Customer shall have the right to return to FireEye any <br />defective Product subject to the limited warranty. Additionally, FireEye will fulfill the following Advance <br />Return provisions below. <br />Confidential FireEye Rev. 8/2016 <br />Page 40 <br />
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