Last Updated: February 17, 2019
DriveScale Support and Maintenance Services Terms and Conditions
These Support Maintenance Terms and Conditions (the “Support Terms”) apply to any licensee (“Licensee”) who is entitled to receive support services from DriveScale, Inc. (“DriveScale”) for specific DriveScale product(s) (the “Product”) pursuant to a written agreement between Licensee and DriveScale (an “Agreement”). To the extent DriveScale has become obligated for support and maintenance, the following will apply with respect to software Products so long as they remain DriveScale’s standard terms for support and the Licensee is in full compliance with the Agreement.
- Support and Maintenance Services. Support and Maintenance Services consist of (a) Error Correction and Telephone Support provided to a single consistent technical support contact concerning the installation and use of the then current release of a Product and the Previous Sequential Release, (b) E-mail Support, (c) Web Support, and (d) Product updates that DriveScale in its discretion makes generally available to its support and maintenance customers without additional charge.
- Error Priority Levels. DriveScale shall exercise commercially reasonable efforts to correct any Error reported by Licensee in the current unmodified release of Product in accordance with the priority level reasonably assigned to such Error by DriveScale.
- Priority 1 Errors – DriveScale shall respond within 4 hours and promptly commence the following procedures: (i) assign DriveScale engineers to correct the Error; (ii) notify DriveScale 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 2 Errors – DriveScale shall respond in 1 day and exercise commercially reasonable efforts to include the Fix for the Error in the next regular Product maintenance release.
- Priority 3 Errors – DriveScale may include the Fix for the Error in the next major release of the Product.
If DriveScale believes that a problem reported by Licensee may not be due to an Error in a Product, DriveScale will so notify Licensee. At that time, Licensee may (1) instruct DriveScale to proceed with problem determination at its possible expense as set forth below, or (2) instruct DriveScale that Licensee does not wish the problem pursued at its possible expense. If Licensee requests that DriveScale proceed with problem determination at its possible expense and DriveScale determines that the error was not due to an Error in the Product, Licensee shall pay DriveScale, at DriveScale’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 DriveScale 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 DriveScale). If Licensee instructs DriveScale that it does not wish the problem pursued at its possible expense or if such determination requires effort in excess of Licensee’s instructions, DriveScale may, at its sole discretion, elect not to investigate the error with no liability therefor.
- Exclusions. DriveScale 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 the then current release or immediately Previous Sequential Release; (iii) Product problems caused by Licensee’s negligence, abuse or misapplication, use of Products other than as specified in DriveScale’s user manual or other causes beyond the control of DriveScale; (iv) Products installed on any hardware that is not supported by DriveScale; or (v) third party products not provided by DriveScale. DriveScale shall have no liability for any changes in Licensee’s hardware which may be necessary to use Products due to a Workaround or maintenance release.
- Support Plan. Support will be provided to Licensee in accordance with the specific DriveScale support plan that has been selected and paid for by Licensee (the “Support Plan”), as follows:
DriveScale Support Tiers and how to contact
DriveScale has multiple tiers of support. Please start at Tier 1, and work with DriveScale to escalate as needed.
DriveScale 24-7 Support
For common support, like documentation, release notes, etc. the customer should first try DriveScale Central.
For advanced support, the customer should contact Tier2 support, via email or phone, above.
For emergency support, especially outside normal business hours in the US (meaning 6pm – 6am Pacific Time), the customer should call Tier2 at the number above, and this will be routed to the “on call” customer support engineer. The following is the “on call” schedule:
- “E-mail support” means ability to make requests for technical support assistance by e-mail at any time (with reasonable efforts by DriveScale to respond within one business day) concerning the installation and use of the then current release of a Product and the Previous Sequential Release.
- “Error” means an error in a Product which significantly degrades such Product as compared to DriveScale’s published performance specifications.
- “Error Correction” means the use of reasonable commercial efforts to correct Errors.
- “Fix” means the repair or replacement of object or executable code versions of a Product or documentation to remedy an Error.
- “Previous Sequential Release” means the release of a Product which has been replaced by a subsequent release of the same Product. Notwithstanding anything else, a Previous Sequential Release will be supported by DriveScale only for a period of twelve (12) months after release of the subsequent release.
- “Priority 1 Error” means an Error which renders a Product inoperative.
- “Priority 2 Error” means an Error which substantially degrades the performance of a Product or materially restricts Licensee’s use of such Product.
- “Priority 3 Error” means an Error which causes only a minor impact on the Licensee’s use of a Product.
- “Telephone Support” means technical support telephone assistance concerning the installation and use of the then current release of a Product and the Previous Sequential Release, which shall be provided during the days and hours set forth in Section 4 (Support Plan) as applicable to Licensee’s Support Plan.
- “Web Support” means access to DriveScale’s support website, including access to product knowledge base, product documentation and software downloads.
- “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. THIS ATTACHMENT IS AN ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT EXCEPT TO THE EXTENT UNAMBIGUOUSLY CONTRARY THERETO.
- Return Material Authorization Policy. Customers (which, for purposes of this RMA Policy, includes authorized resellers of DriveScale) may only return Products to DriveScale pursuant to this Return Material Authorization Policy (the “RMA Policy”). To return a Product to DriveScale, a Customer must follow the following process:
A. Request a Return Material Authorization (“RMA”) number
Requests for RMA number are made by contacting DriveScale’s Customer Support Organization:
Customers must provide the following information when requesting an RMA number:
- “RMA” and “customer name” in the subject line of the email.
- Product information with model number and serial number
- Description of the problem
- Contact name, phone number and e-mail address for the person responsible for managing the return process on behalf of the Customer
- Return address (if Customer requests a replacement or repaired Product)
- Billing address (for any charges that may be applicable)
- Dated proof of purchase
B. DriveScale Determines whether RMA request is Approved
DriveScale’s Technical Support team will respond to the RMA requestor via email. DriveScale may request additional information to determine whether the applicable Product fails to meet the express warranty provided by DriveScale to the Customer (the “Warranty”) in the applicable contract between DriveScale and Customer governing the Product (the “Product Agreement”). If DriveScale approves the RMA request, DriveScale will issue an RMA number to Customer and a confirmation defining which remedy DriveScale will provide in accordance with the Warranty and/or Product Agreement.
C. Customer Returns the Product.
Customer will return the product by securely packaging and shipping it back to DriveScale at Customer’s cost. Customer must ship the Product to the following address and in the following format:
Attn: RMA Processing
1230 Midas Way #210
Sunnyvale, CA 94085
RMA # [________]
Products that are not received by DriveScale within thirty (30) days after DriveScale issues an RMA number will no longer be authorized for returns.
D. DriveScale Inspects Returned Product and Provides Customer with Applicable Remedy.
Products Returned Under Warranty:
Upon receipt of the Products, DriveScale will inspect the returned Product to confirm that the Product failed to meet the Warranty. DriveScale will communicate the results of its inspection to Customer in the same manner that the original RMA request was received.
For Products found to be defective and covered under the Warranty, DriveScale will provide the remedies set forth in the Customer’s Product Agreement and reimburse the Customer for the reasonable cost of shipping the Product to DriveScale. If DriveScale chooses to send a repaired or replacement Product to Customer, DriveScale will ship the repaired or replacement Product to the Customer at DriveScale’s cost and choice of shipping method/carrier. DriveScale will ship the repaired or replacement Product to Customer within the RMA response time specified on the support package selected and paid for by Customer, as set forth in the Terms of Support (the current version of which is located at http://www.drivescale.com/terms-of-support/).
For Products found to be not covered under the Warranty, or shipped without an RMA number, DriveScale will ship the Product back to Customer at Customer’s cost. If DriveScale chooses to pay the cost of shipping, Customer will promptly reimburse DriveScale for the associated cost of shipping.
Products Returned for Credit:
Certain Customers may be entitled to return Products for credit in accordance with their Product Agreement. Upon receipt of the Products, DriveScale will inspect the Products to verify that the Products are un-opened, un-used and in re-saleable condition and otherwise meet the requirements for return under your Product Agreement (such Products referred to as “Returnable”).
For Products that DriveScale determines to be Returnable, DriveScale will issue Customer a credit in accordance with the Product Agreement.
For Products that DriveScale determines not to be Returnable, DriveScale will ship the Product back to Customer at Customer’s cost. If DriveScale chooses to pay the cost of shipping, Customer will promptly reimburse DriveScale for the associated cost of shipping.