Level 3 Partner Support Terms

Level 3 Partner Support Terms

1. Level 3 Partner Support. Level 3 Partner Support applies to Support Requests made by Partner on behalf of End Users using the Supported Software in production that cannot be resolved through Level 1 Support and Level 2 Support. Requests at this level require the assistance of a EnterpriseDB Support Engineer and/or Product Development support. Level 3 Support activities include: (a) determination if the reported problem described applies to the Supported Software; (b) further attempts to duplicate the reported behavior if such attempts failed at Level 2 Support; (c) attempts to provide either a fix or workaround to the Error; (d) escalation of the Error as a product deficiency to the EnterpriseDB Product Development organization if duplication occurs without resolution; (e) application of follow-up inquiries to EnterpriseDB Product Development to determine resolution status or schedule; and (f) assistance with any Error that requires recompiling of product code. In no event will an End User be permitted to contact EnterpriseDB directly for Level 3 Partner Support. EnterpriseDB will use commercially reasonable efforts to respond to the Support Request from the Named Contacts within the Initial Response Goal below. All Level 3 Partner Support will be provided in the English language, only.

Service Level

EPD Subscription

EPS or EPE Subscription

Severity 1 Error Resolution Goal

5 Business Days

24 Hours

Severity 2 Error Resolution Goal

10 Business Days

48 Hours

Severity 3 Error Resolution Goal

15 Business Days

5 Business Days

Initial Response Goal

2 Business Days

30 Minutes

Level 3 Partner Support Hours

Hours during Business Days

24 x 7

Incident Type

Non-production Environments Only

Production Support

Number of Annual Support Incidents

Maximum of 3 open tickets in any 48 hour period

Unlimited

     
 

2. Upgrades and Term of Level 3 Partner Support for Versions.

2.1 EnterpriseDB will make available to Partner each new Upgrade on its General Release Date. Each Upgrade is licensed under the same licensing terms as the Supported Software.

2.2 EnterpriseDB will provide Level 3 Partner Support for each version of the Supported Software on the following terms, if applicable:

(a) EDB Postgres Advanced Server: (i) for the first five (5) years after the General Release Date of a Major Version or Minor Version, EnterpriseDB will provide the Level 3 Partner Support for all Severity Error Levels and make new Upgrades available to Customer on their General Release Date; and (ii) for the sixth, seventh and eighth years following the General Release of a Major Version, EnterpriseDB will, at its discretion and upon a mutually negotiated annual fee: (A) provide the Level 3 Partner Support only for Severity 1 Errors and Severity 2 Errors, and (B) make new Upgrades available.

(b) EDB Postgres Enterprise Manager, EDB Ark and EDB Ark Runtime, EDB Postgres Data Adapters, EDB Postgres XA Connector, EDB Postgres Migration Toolkit and StackBuilder Plus: For the time after the General Release Date of a Major Version until the time of the next General Release Date of a Major Version. For older Major Versions, EnterpriseDB will, at its discretion and upon a mutually negotiated annual fee: (A) provide the Level 3 Partner Support only for Severity 1 Errors and Severity 2 Errors, and (B) make new Upgrades available.

(c) EDB Postgres Replication Server, EDB Postgres Failover Manager, EDB Postgres Backup and Recovery, and EDB Postgres Migration Toolkit: For the time after the General Release Date of a Major Version until 18 months after the time of the next General Release Date of a Major Version.

3. Level 3 Partner Support Prerequisites. Partner will cooperate with and provide assistance to EnterpriseDB as EnterpriseDB may reasonably request in order to assist EnterpriseDB in the performance of Level 3 Partner Support, including, without limitation, providing all necessary assistance and information (according to the formats and templates specified by EnterpriseDB) to EnterpriseDB's support personnel reasonably required to enable such personnel to determine if a problem is related to an Error or is due to some other issue. Partner will provide EnterpriseDB functioning test code, which reproduces and isolates the Error. The test code will have extraneous comments and code removed and to the extent possible, will be fully self-contained and automated, and will demonstrate the precise Error reported rather than other possible problems. The test code must be reproducible on EnterpriseDB's test systems. If Partner finds it necessary or expedient to include third party code or libraries in the test code submitted to EnterpriseDB, Partner is responsible for obtaining permission from the applicable third party for such submission. If Partner cannot provide test code which reproduces the Error, EnterpriseDB may be unable to resolve the Error, but will be available to work with Partner to assist in the development of a test case. Partner acknowledges that correspondence and log files generated in conjunction with a Support Request should not contain any sensitive, confidential or personal information. Partner is solely responsible for ensuring the protection of any data containing sensitive, confidential or personal information, including obscuring the logs or otherwise safeguarding such information prior to sending it to EnterpriseDB. All Level 3 Partner Support is provided remotely from EnterpriseDB's offices. Partner will provide EnterpriseDB with access (via remote telecommunications and, if applicable, on-site access) at the applicable End User's premises to the extent reasonably necessary to allow EnterpriseDB to provide the Level 3 Partner Support. End User will bear all costs associated with procuring, installing and maintaining all equipment, telephone lines and communications interfaces necessary for EnterpriseDB to have the necessary telecommunications access to provide Level 3 Partner Support. If EnterpriseDB personnel travel to an End User location for an issue that is not an Error in the Supported Software, EnterpriseDB may charge Partner standard consulting rates plus travel and living expenses. Level 3 Partner Support for PostgreSQL and any open source components that are also distributed by EnterpriseDB but obtained from a source other than: (a) an EnterpriseDB installer, (b) ftp.postgresql.org, (c) yum.postgresql.org, (d) apt.postgresql.org, or (e) Red Hat Enterprise Linux, Fedora, Ubuntu, CentOS, Amazon Linux, SuSE or Debian, as part of the operating system from the original vendor; will be supplied under the following qualified support terms: (i) a pre-sale evaluation of the PostgreSQL or component source and binary builds by EnterpriseDB possibly at additional cost to Partner, (ii) written approval for such support by the VP of Development for EnterpriseDB, (iii) reported issues must be reproducible against the latest maintenance release of the given version of PostgreSQL from git.postgresql.org, (iv) bug fixes for PostgreSQL builds not deployed by an EnterpriseDB installer will be submitted in the form of source file patches to the customer and the PostgreSQL community, and (v) EnterpriseDB shall make commercially reasonable efforts advocating for the community's acceptance of the patch as fast as possible. EnterpriseDB will provide Level 3 Partner Support for EDB Postgres Advanced Server and open source components created and maintained within the PostgreSQL community when they are distributed by EnterpriseDB with or without modifications for compatibility with EDB Postgres Advanced Server. EnterpriseDB will make commercially reasonable efforts to provide support for open source components created and maintained within the PostgreSQL community and distributed ‘as is’ by EnterpriseDB. EnterpriseDB will not provide Level 3 Partner Support for open source components that are not distributed by EnterpriseDB but may be distributed with PostgreSQL from sources other than EnterpriseDB.

4. Exclusions. EnterpriseDB will not provide Level 3 Partner Support in any of the following circumstances:

4.1 A failure of hardware, equipment or programs not covered by the applicable Partner Agreement and Partner Program Addendum;

4.2 End User's failure to comply with operating instructions contained in the Documentation;

4.3 A modification, enhancement or customization of the Supported Software;

4.4 Any cause or causes beyond the reasonable control of EnterpriseDB (e.g. floods, fires, loss of electricity or other utilities), errors arising from anything other than Supported Software, such as databases, web-servers or hardware;

4.5 Installation, configuration, management and operation of the End User’s applications;

4.6 APIs interfaces or data formats other than those included with the Supported Software; or

4.7 Use of the Supported Software for providing time-sharing services, service bureau services or as part of an application services provider or Supported Software as a service offering.

EnterpriseDB will have no obligation to provide Level 3 Partner Support if Partner has not paid all applicable fees payable pursuant to the applicable Partner Agreement and Partner Program Addendum, or is not in compliance with the terms of this document.

5. Definitions. The capitalized undefined terms used in this document will have the same meanings as in the applicable Partner Agreement and Partner Program Addendum.

 

"Business Day" means 8:00 AM to 8:00 PM (local time) Monday through Friday, excluding any EnterpriseDB holidays.

"Error" means a failure of Supported Software to substantially conform to the descriptions contained in the applicable Documentation.

"General Release Date" means the date upon which EnterpriseDB announces on its website or otherwise that an Upgrade has entered general release.

"Initial Response Goal" means, for any single Support Request, the goal for the elapsed period measured from the time that Customer initiates the Support Request until EnterpriseDB provides a Response.

"Major Version" means a later version of the Supported Software identified by a change in the digit(s) immediately to the left of the first decimal point (X.x.x).

"Maintenance Fix" means a version of a Supported Software identified by the second digit to the right of the decimal point (x.x.X).

“Minor Version” means a later version of the Supported Software identified by a change in the digit(s) immediately to the right of the first decimal point (x.X.x).

"Named Contacts" mean up to ten (10) Partner employees authorized by Partner to contact EnterpriseDB for Level 3 Partner Support. Such individuals should be trained and knowledgeable about the Supported Software and the EnterpriseDB resolution procedures to be used with the Supported Software. Named Contacts may be changed by providing EnterpriseDB with at least ten (10) days prior written notice.

"Resolution Goal" is the goal for EnterpriseDB of the time required to provide a documented fix that restores full (or near full) functionality to End User.

"Response" means EnterpriseDB's acknowledgment of a Support Request received from Partner.

"Severity 1 Error" means a catastrophic production Error in the Supported Software which severely impacts End User's production systems, or in which the Supported Software in End User's production systems are down or not functioning; or an Error in the Supported Software which is causing a loss of production data and no procedural work around exists. Severity 1 Errors also include security breaches.

"Severity 2 Error" means the Supported Software, which is in production, is operational but certain major functions are not performing in accordance with the Documentation and no workaround is available.

"Severity 3 Error" means (a) minor functions of the Supported Software, which is in production, are not performing in accordance with the Documentation or (b) the Supported Software, which is in development or a test environment, is not performing in accordance with the Documentation.

“Supported Software” means the object code version of the Product, Embedded Open Source or Licensed Technology, as applicable.

"Support Request" means a request communicated by Partner to EnterpriseDB using the designated procedure to report an Error and to request a correction of such Error.

"Upgrade" means any new Major Version, Minor Version and Maintenance Fix to the Supported Software made available by EnterpriseDB to Partner. With respect to Products and Licensed Technology as Supported Software only, the Upgrades are provided under the same licensing terms and licensing restrictions as the Products and Licensed Technology.