On-Premise Support and Maintenance Services Terms and Conditions

Current terms: April 2016 — port-forwarded from the legacy site. Phase 5 legal review will refresh wording before public launch.

To the extent RhodeCode has become obligated for support and maintenance, the following will apply with respect to software Products so long as they remain RhodeCode’s standard terms and the Licensee is in full compliance with the Agreement. Capitalized terms not defined in Section 5 below have the same meaning as in RhodeCode’s standard Software License Terms.

SUPPORT AND MAINTENANCE SERVICES. Support and Maintenance Services consist of (a) access to the RhodeCode Support Portal for Error reporting and Error Correction concerning the installation and use of RhodeCode Supported Products, (b) E-mail Support, (c) Web Support, and (d) Product updates that RhodeCode in its discretion makes available to its support and maintenance customers without additional charge.

1. ERROR PRIORITY LEVELS. RhodeCode shall exercise commercially reasonable efforts to correct any Error reported by Licensee in a Supported Product in accordance with the priority level reasonably assigned to such Error by RhodeCode.
   • Priority A Errors — RhodeCode shall respond within one business day (CET) and promptly assign engineers to diagnose the Error, notify management, provide periodic status reports, and initiate work to provide a Workaround or Fix.
   • Priority B Errors — RhodeCode shall exercise commercially reasonable efforts to include the Fix in the next regular Product maintenance release.
   • Priority C Errors — RhodeCode may include the Fix in a future release based on customer priorities.
2. If RhodeCode believes a reported problem is not due to an Error in a Product, RhodeCode will notify Licensee. Licensee may then (1) request RhodeCode to proceed with problem determination at Licensee's possible expense or (2) notify RhodeCode that Licensee does not wish to proceed.
3. EXCLUSIONS. RhodeCode shall have no obligation to support: (i) altered or damaged Products or any portion incorporated with or into other software; (ii) any Product that is not a Supported Release; (iii) Product problems caused by Licensee’s negligence, abuse or misapplication, use of Products other than as specified in the user manual, or other causes beyond RhodeCode’s control; or (iv) Products installed on any hardware or system software that is not supported by RhodeCode.
4. PREMIUM SUPPORT. RhodeCode may offer Premium Support options under mutually agreed terms, such as more stringent SLA terms, set forth in a separate written agreement.
5. DEFINITIONS.
   • E-mail support — ability to make requests for technical support assistance by e-mail at any time concerning the installation and use of the then-current release of a Supported Product.
   • Error — an error in a Product which significantly degrades it as compared to the published performance specifications.
   • Error Correction — the use of reasonable commercial efforts to correct Errors in the Product, except for Errors in Third Party Software.
   • Fix — the repair or replacement of object or executable code versions of a Product or documentation to remedy an Error.
   • Priority A Error — an Error which renders a Product inoperative.
   • Priority B Error — an Error which substantially degrades the performance of a Product or materially restricts Licensee’s use.
   • Priority C Error — an Error which causes only a minor impact on Licensee’s use.
   • Supported Product — a RhodeCode Product not yet subject to End of Support or End of Life.
   • Web Support — information available on the World Wide Web, including FAQs, product documentation and bug reporting.
   • Workaround — a change in the procedures followed or data supplied by Licensee to avoid an Error without substantially impairing the Licensee’s use.

THESE TERMS AND CONDITIONS CONSTITUTE A SERVICE CONTRACT AND NOT A PRODUCT WARRANTY. ALL PRODUCTS AND MATERIALS RELATED THERETO ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE AGREEMENT.