MAINTENANCE &
SUPPORT

1. Definitions

“Business Day” means a day from Monday through Friday that is not a US national holiday, Massachusetts of New York state holiday or official US bank holiday.

“Error” means any failure of the Offering to conform in any material respect to the Specifications.

“Error Correction” means either a modification or addition that, when made or added to the Offering, brings the Offering into material conformity with the Specifications, or a procedure or routine that, when observed in the regular operation of the Offering, avoids the practical adverse effect of such nonconformity.

“Incident” means a real time interaction with a Cybereason support representative.

“Workaround” means a temporary corrective action to restore the applicable Offering to operation or to diminish or avoid the effect of the Error; provided that such Workaround will not materially impact the normal operational status of Customer.3

Capitalized terms used and not defined herein will bear the definitions assigned thereto in the Master License and Services Agreement.

2. SCOPE OF SUPPORT

The scope and level of support to be provided by Cybereason shall be in accordance with the purchased support package. Cybereason offers 3 support packages: (i) Standard, (ii) Premium and (iii) Elite, as detailed below. Subject to payment of the relevant Subscription and Support Fees, Cybereason will provide the level of support in accordance with the purchased support package. 

Error Correction. Cybereason will use commercially reasonable diligence to correct verifiable and reproducible Errors reported to Cybereason in accordance with Cybereason’s standard reporting procedures as will be in effect and notified from time to time. The Error Correction, when completed, may be provided in the form of a Workaround, consisting of sufficient programming and operating instructions to implement the Error Correction.

Telephone Hot-Line. Cybereason will maintain a 24x7 telephone hot-line (in English) that permits Customer to report Errors and seek assistance in the use and functionality of the Offering, provided that, for any Customers in Japan, Cybereason maintains a Japanese telephone hot-line available during 9am-6pm from Monday through Friday (Japan Standard Time) that is not a Japan national holiday or Cybereason Japan observed year-end and new-year holidays. Telephone calls will be handled in the order received.all customers who have an active Subscription and have purchased s support package.

Updates. Cybereason may, from time to time, issue updates of the Offering containing Error Corrections. Cybereason will provide reasonable documentation to assist Customer’s installation and operation of each new update. Because updates may be cumulative, an update may only be useful if Customer has obtained and installed all prior applicable updates.

Upgrades. Cybereason may, from time to time, in its sole discretion, perform upgrades of the Cloud Services for the purpose of enhancing the same with new and/or improved functionality on an if-and-when available basis.

Cybereason Technical Support works on incidents based on the technical severities listed below:

Cybereason will use commercially reasonable efforts to respond to cases within the response times set forth below. These response times are targets only. Cybereason does not guarantee resolution times or delivery dates. These response times are subject to change depending on the nature and complexity of the case. If a customer has a basic support package all issues will be dealt with on a best effort basis.

3. EXCEPTIONS

Cybereason is not obliged to provide support and shall not be liable for any downtime where the relevant Error or problem or downtime results from:

4. STAFF

Cybereason will maintain trained staff capable of rendering the support set forth in the Agreement.

5. DOCUMENTATION

If the Documentation does not provide adequate or correct instructions in order to enable Customer to make proper use of any facility or function of the Offering, then Customer will so notify the Cybereason who will correct the defect and provide Customer with appropriate amendments to the Documentation.

6. CUSTOMER COOPERATION

Customer must promptly notify Cybereason following the discovery of any Error. Further, upon discovery of an Error, Customer agrees, if requested by Cybereason, to submit to Cybereason a listing of output and any other data that Cybereason may require to reproduce the Error and the operating conditions under which the Error occurred or was discovered. In addition, Customer is responsible for procuring, installing, and maintaining all equipment, telephone lines, communications interfaces, and other hardware necessary to operate the Offering and to obtain maintenance and support services from Cybereason. Cybereason will not be responsible for delays caused by events or circumstances beyond Cybereason’s reasonable control.

If the issue is an Urgent/Severity 1 problem it is the expectation that the Customer will provide all necessary access to resources to help Cybereason troubleshoot the problem.  Specifically a contact person(s) available 24x7 that has the correct administration responsibilities of the environment to work with Cybereason support.  This will be required until the issue is resolved, a workaround made available or the issue reduces in priority.  If the criteria of the incident is not met then Cybereason support may reduce the severity of the incident.

The Customer must maintain and provide all information pertinent to any incident reported. This includes the name(s) and contact information, including email addresses and telephone numbers, for technical personnel who are familiar with the problem or incident and your environment. The Customer must execute any diagnostic routines provided by Cybereason and inform of the results. This includes performing resolution testing and other activities necessary for Cybereason to provide continuous efforts in progressing the incident. Communication needs to be maintained with Cybereason Support to verify the existence of the software problem and provide information about the conditions in which the problem could be duplicated.