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On-Premise Support and Maintenance Services Terms and Conditions

Current terms: April 2016

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 commence the following procedures: (i) assign RhodeCode engineers to diagnose the Error; (ii) notify RhodeCode management that such Errors have been reported and of steps being taken to correct such Error(s); (iii) provide Licensee with periodic reports on the status of the corrections; and (iv) initiate work to provide Licensee with a Workaround or Fix.
    • Priority B Errors - RhodeCode shall exercise commercially reasonable efforts to include the Fix for the Error in the next regular Product maintenance release.
    • Priority C Errors - RhodeCode may include the Fix for the Error in a future release based on customer priorities.
  2. If RhodeCode believes that a problem reported by Licensee may not be due to an Error in a Product, RhodeCode will so notify Licensee. At that time, Licensee may (1) request RhodeCode to proceed with problem determination at its possible expense as set forth below, or (2) notify RhodeCode that Licensee does not wish the problem pursued at its possible expense. If Licensee requests that RhodeCode proceed with problem determination at its possible expense and RhodeCode determines that the error was not due to an Error in the Product, Licensee shall pay RhodeCode, at RhodeCode's then-current and standard consulting rates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith. Licensee shall not be liable for (i) problem determination or repair to the extent problems are due to Errors in the Product; or (ii) work performed under this paragraph in excess of its instructions; or (iii) work performed after Licensee has notified RhodeCode that it no longer wishes work on the problem determination to be continued at its possible expense (such notice shall be deemed given when actually received by RhodeCode). If Licensee instructs RhodeCode that it does not wish the problem pursued at its possible expense or if such determination requires effort in excess of Licensee's instructions, RhodeCode may, at its sole discretion, elect not to investigate the error with no liability therefor.
  3. EXCLUSIONS. RhodeCode shall have no obligation to support: (i) altered or damaged Products or any portion of a Product 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 RhodeCode's user manual or other causes beyond the control of RhodeCode; or (iv) Products installed on any hardware or system software that is not supported by RhodeCode. RhodeCode shall have no liability for any changes in Licensee's hardware or software which may be necessary to use Products due to a Workaround or maintenance release.
  4. PREMIUM SUPPORT. RhodeCode may offer Premium Support options to its licensed customers under mutually agreed Support and business terms, such as more stringent Service Level Agreement terms, as set forth in a separate written agreement.
  5. DEFINITIONS.
    • "E-mail support" means ability to make requests for technical support assistance by e-mail at any time (with reasonable efforts by RhodeCode to respond within one business day (CET)) concerning the installation and use of the then current release of a Supported Product.
    • "Error" means an error in a Product which significantly degrades such Product as compared to the RhodeCode's published performance specifications. Note that Products may include libraries and components licensed from third parties. The time it takes to obtain a Fix or workaround for an Error in third party products may be longer than the time to obtain a Fix on an Error in code maintained directly by RhodeCode.
    • "Error Correction" means the use of reasonable commercial efforts to correct Errors in the Product, except for Errors in Third Party Software.
    • "Fix" means the repair or replacement of object or executable code versions of a Product or documentation to remedy an Error.
    • "Priority A Error" means an Error which renders a Product inoperative.
    • "Priority B Error" means an Error which substantially degrades the performance of a Product or materially restricts Licensee's use of such Product.
    • "Priority C Error" means an Error which causes only a minor impact on the Licensee's use of a Product.
    • "RhodeCode Support Portal" means RhodeCode's online website providing access to support discussion forums, documentation, and Error reporting, available at rhodecode.com.
    • "Supported Product" means a RhodeCode Product which has not yet been subject to an End of Support or End of Life notice by RhodeCode; in other words, a "Supported Product" is a RhodeCode Product currently under active Support status by RhodeCode.
    • "Web Support" means information available on the World Wide Web, including frequently asked questions, product documentation and bug reporting.
    • "Workaround" means a change in the procedures followed or data supplied by Licensee to avoid an Error without substantially impairing Licensee's use of a Product.

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.