These DCS Terms are provided under an applicable Order between the Licensee and Licensor that incorporates an End User Software License Agreement (EULA), and are supplemental to an Order for Scality Maintenance and Support Services (M&S Terms), which is required to support these DCS Terms. Capitalized terms not defined here are defined in the EULA or in the M&S Terms and incorporated herein.
DCS services are optional maintenance and support services (above standard M&S services) and are only provided under an executed Order between Licensor and the applicable licensee as to the Software identified in the Order for either DCS – Fundamental (DCS-F) or DCS – Extended (DCS-X).
In consideration of payment of the Fees in the applicable Order for these DCS Terms, and provided Licensee is not in breach of the EULA, the M&S Terms, or any Order, Licensor agrees, during the term of the Order for DCS services, as follows:
DCS-F includes the following additional support services:
- Up to 5 business days per year (40 hours), consumed in increments of not less than one hour, in a support term for general advice or diagnosis outside of Error Correction (Included Support Hours). A business day is Monday through Friday, excluding holidays of Licensor. Support provided on days other than business days is multiplied by 2 to calculate business days (i.e. 1hr of support on a non-business day counts as 2 hrs of business day support). A business day is 8 hours. Those days will expire at the end of each annual covered period.
- Access to the Licensor’s advanced monitoring and alerting solution (Advanced Monitoring/Alerting Service) provides proactive monitoring and alarming events. It collects and transmits Software status information to Licensor, including component capabilities, operations, capacity trends and health. Information is displayed through a monitoring platform and an alarming system alerts Licensor’s support center and Licensee in the case of abnormal behaviors or events that are set up as triggers. The Advanced Monitoring/Alerting Service is not used to proactively operate Licensee’s system or the Software, rather it is a system that reacts to environment conditions and triggers and provides information to qualified personnel or other electronic systems. The Advanced Monitoring/Alerting Service data collection and remote monitoring are conducted solely for the limited purpose of improving Software performance, functionality and service quality provided to Licensee, and to support Licensor’s ability to meet the service levels herein.
- Licensor will provide a resource for the Licensee who shall act as a point of contact for the Licensee for any operations issue requiring technical support. Licensor’s resource will be based in the same region as the Licensee (e.g., Europe, America, Asia). Licensee may not open support tickets through Licensor’s named resource, nor may the Licensor resource open support tickets for Licensee; rather Licensee must use the standard support ticketing system under the M&S services.
- Remote Assistance. Licensor will be available for questions and to provide available knowledge to Licensee during Updates and Upgrades.
- Communications with and assistance provided by Licensor as provided above will count against (i.e. consume and reduce) the Included Support Hours.
DCS-X includes the following support services, Service Levels and Service Level Credits:
- Up to 20 business days, as defined above, per year (160 hours) total (i.e. not in addition to the Included Support Hours under DCS-F), consumed in increments of not less than one hour, in a support term for general advice or diagnosis outside of Error Correction (Included Support Hours). Those days will expire at the end of each annual covered period.
- Quarterly Review. Licensor will conduct a quarterly review via teleconference with the Licensee, at Licensee’s request. This review will include a support tickets report, a configuration and performance review, as well as a capacity assessment to predict the Licensee’s future needs and a suggested roadmap on how best to meet those needs. The capacity assessment will only be provided if Licensee is using and has implemented the Advanced Monitoring/Alerting Service, and Licensee has implemented procedures and critical recommendations required by Licensor to enable Licensor to review Licensee’s system for capacity and storage.
- Service Levels. Licensor will meet the Service Levels, subject to the CONDITIONS and EXCEPTIONS below, only in respect of active, in production use of the Software, as follows:
- Availability. The Software shall be Available 100% of the time in a given calendar year
(where Available means that the Software is not Unavailable as defined in the Priority 1 definition in the M&S Terms).
- Response Time. Licensor shall acknowledge each properly submitted Priority 1 and 2 technical support requests within the Response Time set forth in the M&S Terms.
- Data Durability. The Software, so long as it is configured with a minimum protection ratio of 3 copies and/or ARC 9+3 will meet the following Durability Service Percentage:
- For One (1) Software site: 99.999999999%
- For a multi-site Software configuration: 99.999999999999%
Durability Service Percentage for any particular calendar year is calculated as follows:
Durability Service Percentage (%) = Objects Preserved / Total Objects
(Note that in case of mixed configurations, the least durable Service Level applies).
- Service Level Credits. Licensor will provide Licensee with the following Service Level Credits for failure to meet the Service Levels, subject to the CONDITIONS and EXCEPTIONS below, only in respect of active, in production use of the Software, as follows:
- Availability Service Level Credit. Ten percent (10%) of the annual DCS-X fee associated with the Software that failed to meet such Availability Service Level.
- Response Time Service Level Credit. One percent (1%) of the annual DCS-X fee associated with the Software that failed to meet such Response Time Service Level.
- Data Durability Service Level Credit. Should a Software cluster fail to meet the Data Durability Service Level, and if Licensor fails to resolve such issue within the Target Service Restoration period stated in the M&S Terms, Licensee will be entitled to a Service Level Credit equal to ten percent (10%) of the annual DCS-X fee associated with the Software that failed to meet such Data Durability Service Level.
Notwithstanding (i)-(iii) above:
Service Level Credits are limited to 2 per calendar quarter, and events must occur at least 7 calendar days apart to trigger a separate Service Level Credit (i.e. if an event triggers a Service Level breach and then another event occurs 5 days later for the same type of Service Level breach, that is one Service Level breach); and
The maximum Service Level Credits that can be earned in any calendar year period may not exceed 40% of the DCS-X fee paid by Licensee in respect of the Software for which such Service Level Credit was earned.
Service Level Credits shall be applied as credits only against the following Renewal Term M&S services and/or DCS fees and shall not be paid out, provided that if Licensee does not renew any M&S services (and/or any DCS services), then the net credit due from Licensor shall be paid to Licensee within 45 days of the end of M&S/DCS services.
If the Software is not Available for at least 99% in a calendar quarter period, Licensee’s sole and exclusive remedy shall be to terminate that portion of the Order for DCS services for the Software that failed to meet that standard.
All Service Levels and Service Level Credits and termination rights are conditioned on the following (i.e. if all of the conditions are not met, then no Service Level Credits shall be due to the Licensee due to a failure to meet the Service Levels and Licensee shall not be entitled to terminate any Order):
- Service levels provided as part of DCS-X apply at the cluster level, separately for each functional cluster (i.e., all servers in the same RING instance of the Software). Service levels do not apply at the server level (e.g., a store node being down does not impact the service level). Service Levels apply to all Software options installed on a given cluster but does not apply to management elements.
- Licensee must have enabled remote monitoring in Advanced Monitoring/Alerting Service and it must have been functioning and Licensor must have visibility into the Software instance that was affected for a reasonable period prior to the event.
- The Software must have been accepted and not subject to any right to reject (for example, during a test acceptance period) even if in production.
- Licensee must not be in default of any obligation to Licensor under any agreement, Order,
EULA, DCS Terms or DCX terms, and all fees must have been paid for the applicable DCSX service,
- Licensee must make qualified, competent resources available to take all reasonable actions requested by Licensor, including but not limited to server reboots within 1 hour of Licensor’s request
- The Licensee employees operating the platform have received at least standard operational training from Licensor on the Software operation and are certified by Licensor to have passed such training. Licensor may require that Licensee also appoint qualified personnel to take advanced operational training to support a DCS-X Order (if Licensor requires this it will provide such advanced operational training as part of DCS-X services).
- The failure is not the consequence of a misconfiguration of the Software or other error or negligence of Licensee.
- The Licensee allows Licensor to apply changes to the functional cluster configuration without requesting Licensee’s prior approval to solve a Priority 1 issue. Licensor will provide notice of the change within 1 business day after a workaround has been implemented.
- Licensee maintains the redundancy level of the hardware architecture specified by Licensor.
- Licensee has installed all Updates (and Upgrades that Licensor provides without additional charge) promptly (not later than 10 days) after they are made available by Licensor.
- No software other than the operating system specified by Licensor and the Software is running on the servers comprised in the cluster.
- Licensor engineers have, through the Internet, access to production servers operating the Software on a 24 x 7×365 basis.
- Licensee allows Licensor to audit the installed Software to obtain such information as may be reasonably necessary to verify the failure to comply with a Service Level, such audit to be performed remotely, if remote access is possible, and otherwise on-site; provided that if such audit is to be performed on-site, then Licensor will provide reasonable advance notice of same, and such audit shall occur during normal business hours.
In addition to the CONDITIONS, Licensor will not be responsible for failures to meet Service Levels attributable to:
- Acts or omissions of Licensee, its agents, employees or contractors (including, without limitation, willful misconduct, negligence, breach of contract, or infringements of third party proprietary rights).
- Licensee’s failure to follow the conditions and instructions set forth in the EULA, M&S Terms, DCS Terms, Software documentation or other instructions provided to Licensee.
- Downtime due to reasonably unforeseeable causes outside of the reasonable control of Licensor, operation under a disaster recovery plan.
- The following provisions shall apply when determining Availability:
- The period when the Software is not available due to planned downtime and maintenance operations is not included in calculating Availability.
- Loss of access to the Software resulting from unavailability of the underlying datacenter or hardware being unavailable is not included in calculating Availability
- Licensee shall not be entitled to an Availability Service Level Credit if: (1) the used capacity exceeds the recommended threshold (DISKWARN) set during the installation and/or monthly review with the Licensor to ensure that all write operations are able to fulfill; or (2) Licensee fails to deploy within a reasonable period of time the number of servers necessary to sustain the expected traffic based on the Licensee’s reported traffic volume during Licensee’s Peak Operating Period (defined in the Priority 1 provisions of the M&S Terms), growth expectation, and the hardware being deployed, as recommended by the Licensor.