Support Policy and Terms CA Agile Central On-Premise (formerly Rally ALM On-Premise)

Transcription

1 Supprt Plicy and Terms CA Agile Central On-Premise (frmerly Rally ALM On-Premise) 1. Overview CA Supprt fr CA sftware cnsists f peratinal assistance and technical supprt prvided by CA, in its reasnable judgment, during the term f CA Supprt prcured by yu. CA will supply its sftware licensees wh have purchased CA Supprt with Upgrades that are made generally available ( GA ) by CA, tgether with any additinal related Dcumentatin. CA Supprt is ffered fr GA CA sftware unless CA specifically designates that sftware as nt eligible fr supprt r the sftware is licensed by CA n an as is basis withut warranties. Yu are nly eligible t receive CA Supprt if yu remain current n all applicable licensing and maintenance fees due and payable t CA and are therwise cmpliant with yur applicable cntractual bligatins t CA. CA currently makes, and at CA s discretin CA may make, ther fee-based tiers f supprt r supprt fferings available that prvide specific, custmized, and/r mre cmprehensive frms f enhanced supprt services. As a prerequisite t btaining additinal supprt thrugh these fferings, yu must be an active CA Supprt custmer fr such sftware. This Supprt Plicy and Terms ( Plicy ) may be updated by CA frm time t time, in its sle discretin. Ntwithstanding the freging, any such update will nt result in a material reductin in the level f CA Supprt prvided fr the CA sftware yu have licensed fr the remaining term f the applicable maintenance agreement in effect at the time such update is implemented prvided that yu are therwise cmpliant with yur cntractual bligatins t CA. CA Supprt will be perfrmed in a timely and prfessinal manner by qualified supprt persnnel familiar with the CA sftware. CA Supprt generally includes: 24x7x365 access t CA Supprt Online (rallycmmunity.rallydev.cm) and access t CA sftware prduct and Dcumentatin dwnlads, Fixes, patch dwnlads, user grups, user frums, beta testing, FAQs, samples, webcast recrdings and dems, usage tips, technical updates and HYPER ntificatins, as such are made available by CA. Supprt hurs availability: CA Supprt Online: 24x7x365; Answers frum(s) mnitred 8:00 am - 5:00 pm MT Mnday-Friday, excluding CA s bserved hlidays and ther related clsures. Standard Supprt: 7:00 am - 7:00 pm Mnday-Friday, based n the time zne f Custmer s billing address, excluding CA s bserved hlidays and ther related clsures ( Supprt Hurs ). Interactive remte diagnstic supprt allwing technical supprt persnnel t trublesht an Incident securely thrugh a real-time brwser-based remte cntrl feature. Upgrades fr the CA sftware if and when CA makes them GA. Any CA sftware s prvided is subject t the same usage limitatins and restrictins as the CA sftware riginally licensed t yu by CA. At yur written request, access t the Rt Passwrd (i.e., the passwrd needed t access the virtual appliance included with the CA sftware), subject t the fllwing restrictins: Yu will nt make any changes t the platfrm n the virtual appliance. Yu will ntify CA f any planned r intended changes in advance. Yu will nt directly access the Oracle database included with the CA sftware. Yu will retain a dcument tracking all changes made as a result f yur access f the virtual appliance using the Rt Passwrd. Yu will establish and maintain nightly backups f all data that yu enter int r use with the CA sftware. CA will cntinue t prvide the CA Supprt as set frth in this Plicy; prvided, hwever, that if yu use the Rt Passwrd t access the virtual appliance (i) the initial respnse Service Level Objectives set frth belw will nt apply, and (ii) reslving the Incident may exceed the scpe f the CA Supprt and be subject t additinal fees. Withut limiting the freging, if an Incident ccurs, CA will use cmmercially reasnable effrts t identify and trublesht the Incident in accrdance with this Plicy unless and until CA determines that the Incident is related t r as a result f a change made by yu t the CA sftware, including withut limitatin the supprted platfrm, using the Rt Passwrd. Fllwing such a determinatin, yu will pay CA fr all time spent by CA t reslve the Incident and stabilize the system at a rate f TWO-HUNDRED FIFTY DOLLARS ($250.00) per hur plus expenses. In rder t reslve the Errr, CA may revert any such change(s) yu made by installing a new instance f the CA sftware using yur previusly backed up data. If yu change the Rt Passwrd and then lse it, yur instance f the CA sftware may be recverable but it may be unavailable fr an extended perid f time, and any time spent by CA n such restratin is subject t the hurly rate set frth abve. Supprt Plicy and Terms - CA Agile Central On Premise Octber 16, 2015 Page 1 All trademarks, trade names, service marks and lgs referenced herein belng t their respective cmpanies.

2 Supprt Plicy and Terms CA Agile Central On-Premise (frmerly Rally ALM On-Premise) Defined terms used in this plicy include the fllwing: CA means Rally Sftware Develpment Crp., a CA cmpany. CA sftware means CA Agile Central On Premise (frmerly Rally ALM On-Premise). CA Supprt means maintenance and supprt fr the CA sftware in additin t warranty supprt. Dcumentatin means specificatins, user dcumentatin and technical manuals and guides prvided by CA with CA sftware. Fix means any change that CA makes t the CA sftware, including changes made fr purpses f maintaining system cmpatibility, errr crrectin, imprved peratin and security and Wrkarunds that establish r help t restre material cnfrmity t the specificatins in the Dcumentatin fr that sftware. A Fix is generally an interim slutin fr a specific custmer prblem, and is typically prvided thrugh a targeted pint patch r ht x. A Fix may als include any recmmendatins r advice prvided t yu including recmmendatins that yu migrate t a current Release, cnsideratin f the Incident in develping a future Release f the CA sftware r ther steps t clse an pen Incident in accrdance with CA supprt prcesses. Incident means a reprducible errr r prblem with the CA sftware when perated in a Supprted Envirnment in accrdance with its Dcumentatin. Release means a release f a CA sftware prduct, which may cntain majr r minr changes in sftware prduct functinality, cde, r cmpatibility, and incrprates the previus Release (if ne has ccurred) and Fixes (if they have ccurred). Typically, a Release requires a new installatin, rather than an verlay t the already installed sftware. Unless therwise specified by CA fr a particular prduct, a majr Release is designated by a number t the right f the decimal pint (e.g., release where is majr and 2 is a patch r Fix). "Self-Service Supprt" means access t self-help tls prvided n CA Supprt Online, such as sftware prduct cmpatibility infrmatin, previusly published Fixes, Wrkarunds, knwledge dcuments and ther CA sftware prduct slutins. Supprt Cntact means yur cntact persn wh will crdinate all CA Supprt requests t CA. Each Supprt Cntact must have read and/r write access t all necessary files. Each Supprt Cntact must have English language cmmunicatin skills and the relevant technical knwledge necessary t administer and maintain yur CA sftware license. CA shall cmpute the number f Supprt Cntacts by dividing yur ttal number f users by 500. Fr example, if yu have 1,500 users, yu may appint three (3) Supprt Cntacts. Yu must ntify CA Supprt whenever the list f Supprt Cntacts changes by lgging an issue n CA Supprt Online. Supprted Envirnment means the CA sftware. any hardware, perating system, r web brwser platfrm which CA supprts fr use with Upgrades" include Dcumentatin revisins, errr crrectins, sftware prduct enhancements and Releases fr the CA sftware fr which CA Supprt is prvided, and d nt include any ptins r sftware prducts that are licensed separately by CA and are nt derived frm r based n the existing CA sftware prduct r Dcumentatin. Smetimes Upgrades are referred t as prduct updates r sftware updates in lder Dcumentatin. Wrkarund means an interim reslutin f an Incident and may include specific mdificatins t the sftware t address critical prblems (smetimes als called ht fixes ). In sme cases, the Incident addressed by the Wrkarund will be permanently reslved when yu install the next Upgrade; the Wrkarund itself may be cnsidered final if it materially reduces the impact f an errr r defect. 2. Service Level Objectives CA will use reasnable effrts t meet the service level bjectives stated in the Service Level Objectives table belw with regard t remedial sftware supprt and will prvide nging effrts t reslve Severity 1 supprt Incidents. All Incidents can be submitted t CA n a 24 hurs per day, 7 days per week, 365 days per year basis via CA Supprt Online. Due t the cmplexities f technical envirnments, the table represents an estimate f initial respnse times nly and actual respnse times may vary. Supprt Plicy and Terms - CA Agile Central On Premise Octber 16, 2015 Page 2 All trademarks, trade names, service marks and lgs referenced herein belng t their respective cmpanies.

3 Supprt Plicy and Terms CA Agile Central On-Premise (frmerly Rally ALM On-Premise) Service Level Objectives Standard Supprt 12x5 Initial Respnse Time Integratin/Cnnectr/ Supprt Initial Respnse Time Incident Incident Severity Severity 1 4 Supprt Hurs* 1 n/a 2 4 Supprt Hurs* 2 n/a 3 24 Supprt Hurs* 3 n/a 4 36 Supprt Hurs* 4 n/a 5 36 Supprt Hurs* 5 All Incidents are Severity 5 and all Initial Respnse Times: 36 Supprt Hurs * During Supprt Hurs based n the time Incident is initially submitted nline. Severity Level Descriptins "Severity 1" means System Dwn r a prduct-inperative cnditin impacting a prductin envirnment fr which n Wrkarund is immediately available, such as: (i) prductin server r ther missin critical systems are dwn; (ii) a substantial prtin f missin-critical data is at a significant risk f lss r crruptin; (iii) a substantial lss f service; (iv) business peratins have been severely disrupted; r (v) an Incident in which the CA sftware causes catastrphic netwrk r system failure r that cmprmises verall system integrity r data integrity when the CA sftware is installed r when it is in peratin (i.e. system crash, lss r crruptin f data, r lss f system security) and significantly impacts nging peratins in a prductin envirnment. "Severity 2" means a high-impact business cnditin pssibly endangering a prductin envirnment. The CA sftware may perate but it is severely restricted. "Severity 3" means a lw-impact business cnditin with a majrity f CA sftware functins still usable; hwever, sme circumventin may be required t prvide service. "Severity 4" means (i) a minr prblem r questin that des nt affect the CA sftware functin, (ii) an errr in CA sftware prduct Dcumentatin that has n significant effect n peratins; r (iii) a suggestin fr new features r CA sftware prduct enhancement. "Severity 5 means a questin that des nt affect the CA sftware functin. 3. Supprted Sftware CA will prvide CA Supprt fr the latest Release f the CA Sftware and the tw (2) mst recent previus majr Releases that have nt reached EOS as set frth in Sectin 6 belw. Custmers running Releases prir t the supprted Releases may be prmpted t upgrade t a supprted Release prir t CA prviding CA Supprt fr the reprted Incident. Custmer may be required t install the latest Release in rder t receive Upgrades, Fixes and/r Wrkarunds. 4. Custmer Respnsibilities In rder t receive CA Supprt, yu must maintain a supprted envirnment, which includes the current Releases f CA sftware. All cmputer hardware, perating systems, and third party sftware assciated with the affected CA sftware must be maintained n the latest releases and versin levels frm the manufacturer that CA designates as cmpatible with the CA sftware. In rder t receive CA Supprt, yu must prvide a supprt Incident request in English that cntains all infrmatin pertinent t the prblem r Incident, including but nt limited t the site identificatin number, Incident severity level Supprt Plicy and Terms - CA Agile Central On Premise Octber 16, 2015 Page 3 All trademarks, trade names, service marks and lgs referenced herein belng t their respective cmpanies.

4 Supprt Plicy and Terms CA Agile Central On-Premise (frmerly Rally ALM On-Premise) (determined in accrdance with CA s Incident Severity Level Descriptins abve), CA sftware/release r gen level, perating system/versin, platfrm, a descriptin f the prblem r Incident, and as available, lg files/test case, memry dumps, and file listings. Yu must prvide the name(s) and cntact infrmatin, including addresses and telephne numbers, fr Supprt Cntacts wh are familiar with the prblem r Incident and yur envirnment. Yu must execute diagnstic rutines if prvided by CA and infrm CA f the results. Yu agree t cntinue t cmmunicate with CA t verify the existence f the CA sftware prblem and prvide infrmatin abut the cnditins in which the prblem culd be duplicated. In rder t maintain an Incident at Severity 1 status, CA may require that yu make a Supprt Cntact and/r ther technical cntact cntinuusly available t CA t prvide further dcumentatin and ther infrmatin pertinent t the Incident, as well as perfrm reslutin testing and ther activities necessary fr CA t prvide cntinuus effrts in prgressing the Incident. If yu d nt prvide such a resurce, CA may reduce the severity level f the Incident. Yu will prvide CA access t yur systems used t perate the CA sftware via the Internet r ther mutually agreeable means fr purpses f prviding CA Supprt. Failure t prvide such access may prevent CA frm meeting the initial respnse time Service Level Objectives set frth abve. 5. CA Supprt Limitatins On-site maintenance and supprt services are nt within the scpe f CA Supprt. CA shall nt be bligated t prvide CA Supprt fr nn-ca sftware, CA sftware that is nt used in accrdance with the Dcumentatin, mdificatins t the CA sftware, any cde nt part f the base CA sftware prduct functinality (including custm cde prvided by CA Services, yu r any third party) r prblems assciated with CA sftware prducts running n unsupprted hardware, perating systems r third party sftware. Supprt may be available n a fee basis, as determined by CA. Ultimately, yu may be required t upgrade t a supprted third party sftware prduct r release, hardware platfrm, framewrk, database r perating system cnfiguratin as apprved r certified in CA's published specificatins t cntinue receiving CA Supprt. CA shall nt be respnsible fr any changes in yur hardware r perating envirnment that may be necessary as a result f a Wrkarund r Fix. Yu acknwledge that any changes yu elect t make t yur perating envirnment may detrimentally affect the perfrmance f CA sftware and, despite the CA Supprt t be prvided hereunder, CA shall nt be respnsible fr such effects upn, r any resulting degradatin in perfrmance f, the CA sftware. CA is nt required t prvide CA Supprt if yu d nt perfrm yur respnsibilities as stated herein. Cnsulting services are nt prvided as part f CA Supprt. CA Supprt des nt include perfrming deplyments, installatins r rll-uts. 6. End f Service ( EOS ) Plicy In accrdance with this plicy, CA decides, at its sle discretin, when a CA sftware prduct Release will be designated EOS and what the end f service date ( EOS Date ) will be. CA may als decide t withdraw supprt fr a particular perating system, platfrm, applicatin r database by fllwing the EOS prcess. When a Release reaches its EOS Date, new develpment and prvisin f new Fixes will nt be prvided fr the EOS Release and CA Supprt will cease. Previusly published Fixes fr the EOS Release will cntinue t be available as part f Self-Service supprt. CA will use reasnable effrts t prvide licensees with a minimum f twelve (12) mnths ntice prir t the EOS Date f a Release. If a third party withdraws supprt fr an perating system, platfrm, applicatin r database, CA may nt be able t prvide a lnger perid f EOS ntice than that prvided by the third party. Ntificatins f CA sftware prduct status may include upgrade r migratin path infrmatin. Fllwing EOS f a Release, CA will cntinue t supprt the CA sftware prduct at a later Release level (r, where supprt has nly been withdrawn fr a certain perating system, platfrm, applicatin r database, fr the remaining supprted envirnments). CA suggests that licensees f Releases, subject t an EOS ntice, upgrade t the mst current supprted Release. If yu wuld like maintenance and supprt fr a Release that has reached its EOS Date, yu may either: a. purchase CA Extended Supprt fr that Release, if: (i) CA has made such ffering available fr a defined perid nt t exceed eighteen (18) mnths frm the EOS date; and (ii) yu meet any defined prerequisites; r b. cntinue t use the Release, cnsistent with yur license, and use Self-Service Supprt nly. Supprt Plicy and Terms - CA Agile Central On Premise Octber 16, 2015 Page 4 All trademarks, trade names, service marks and lgs referenced herein belng t their respective cmpanies.

5 Supprt Plicy and Terms CA Agile Central On-Premise (frmerly Rally ALM On-Premise) 7. Stabilizatin Plicy A CA sftware prduct becmes stabilized when n future enhancements, Releases, r develpment are planned, but all ther CA Supprt features remain in effect (including Self-Service Supprt). Features and functinality are frzen at the current Release level. Licensees will receive ntice that a CA sftware prduct Release has becme stabilized. Ntificatins f CA sftware prduct status may include upgrade r migratin path infrmatin. As this is generally the phase preceding an EOL phase, yu may be ffered the pprtunity t license an alternate CA sftware prduct which prvides similar r, in sme cases, enhanced functinality. 8. End f Life ( EOL ) Plicy CA decides, at its sle discretin, when a CA sftware prduct will be designated EOL and what the end f life date ( EOL Date ) will be. When a CA sftware prduct reaches its EOL Date, n future develpment, Upgrades r Fixes will be prvided fr any Release f the CA sftware prduct and CA Supprt fr the CA sftware prduct will cease. Hwever, after the EOL Date, CA will cntinue t prvide Self-Service Supprt fr the remaining agreed upn maintenance perid. CA will use reasnable effrts t prvide licensees with a minimum f twelve (12) mnths ntice prir t the EOL Date f a CA sftware prduct. Ntificatins f CA sftware prduct status may include upgrade r migratin path infrmatin. An alternate CA sftware prduct that prvides similar, r in sme cases enhanced, functinality, may be made available fr licensing by CA. CA suggests that licensees f EOL sftware prducts cnsider migrating t such an alternate sftware prduct. CA may be able t assist yu in frmulating and implementing a migratin plan thrugh a fee-based service. 9. Ntificatins Any ntificatins described herein may be prvided t yu by yur CA representative; by letter, fax r , and/r by CA psting such ntificatins n CA Supprt Online. 10. Ownership and Prprietary Infrmatin Title t, wnership f, and all rights in the intellectual prperty, including but nt limited t patents, cpyrights, trademarks, and trade secrets, in the CA sftware, CA Supprt and Dcumentatin, any derivative wrks theref, deliverables prvided in cnnectin therewith, and any gdwill accruing frm the use f such CA sftware, CA Supprt, and Dcumentatin, belng exclusively t and shall remain with CA and/r CA's licensrs; prvided that t the extent deliverables are prvided by CA as part f CA Supprt, and cntingent upn yur payment in full fr applicable licensing and CA maintenance fees due and payable t CA, CA grants yu a ryalty-free, nn-exclusive license t use such deliverables fr yur internal business purpses nly, cnsistent with the purpse fr which such deliverables were prvided. Yu shall nt make available r disclse such intellectual prperty t any third parties except as expressly permitted by this Plicy, and shall take apprpriate actin, including by instructin r agreement with yur emplyees wh are permitted access t such infrmatin, t satisfy yur bligatins hereunder. CA is nt precluded r restricted frm develping cmputer sftware r materials, r related Dcumentatin which is r may be cnsidered cmpetitive with any cmputer sftware r materials that may have been supplied t yu as part f CA Supprt, irrespective f their similarity. The ideas, cncepts, knw-hw r techniques utilized r develped by CA during the perfrmance f CA Supprt may be further utilized by CA in any f its ther business activities. CA is nt restricted in its ability t reassign CA persnnel wh have prvided services hereunder t the perfrmance f similar supprt services fr ther custmers. 11. Supprt fr CA Supplied Appliance Hardware Supprt fr a CA-prvided physical server platfrm hardware appliance which is bundled with and used t perate ne r mre pre-installed licensed CA sftware prducts is prvided in accrdance with the CA Appliance Hardware Plicies published n CA Supprt Online lcated at Supprt Plicy and Terms - CA Agile Central On Premise Octber 16, 2015 Page 5 All trademarks, trade names, service marks and lgs referenced herein belng t their respective cmpanies.