Telerik DevTools, Mobile App Development and Testing Support Policy

2.Definitions

Capitalized terms used but not defined in this Support Policy shall have the same meaning as in the EULA. When used in the Support Policy, the phrases within quotation marks in this section shall have the following meanings:

1. “Built-in Functionality” shall mean a set of features available in a Supported Product. The list of features and their behavior is described in the Product Documentation.
2. “Company”, “Progress”, “us, and/or “we” shall mean Progress Software Corporation or any of its affiliated companies, as might be the case.
3. “Bugs” shall mean material differences between the operation of the Supported Products and the description of the operation of the Supported Products as provided in the applicable Product Documentation.
4. “Licensee” or “you” refers to “Licensee” or “you” as defined in the EULA.
5. “Partner” shall mean the individual or entity that has entered into a Partner Agreement with the Company which permit the individual or entity to resell one or more of the Supported Products to third parties either for stand-alone use or together with a software application supplied by Partner.
6. “Partner Agreement” shall mean a mutually executed partner agreement between Partner and Company that allows Partner to resell one or more of the Supported Products to third parties either for stand-alone use or together with a software application supplied by Partner.
7. “Product Documentation” shall mean Progress’ written instructions accompanying the Support Products and describing the Supported Products and their usage.
8. “Support Period” means the applicable period of one (1), two (2), or three (3) years from the date on which Licensee has purchased a license for the Supported Product, or in the case of renewal, from the date on which Licensee has purchased a Support Plan.
9. “Support Case” shall mean Licensee’s inquiry related to a Supported Product received through the official support channels as described in section 4 below.
10. “Supported Products” shall mean any of the products described by product line listed in section 1 above.
11. “Support Plan” shall mean the applicable range of Support Services provided to the Licensee depending on the type of license purchased.

3.Support Services

Company will provide Support Services to the Licensee regarding the Supported Products in accordance with the purchased Support Plan elected by the Licensee and the nature of the Support Case. Not all Support Services are applicable to all Supported Products and/or Support Plans. Support Services may include:

• Provision of additional details about Built-in Functionalities of the Supported Products;
• Provision of examples that demonstrate usage of Built-in Functionalities of the Supported Products;
• In case of an acknowledged bug report – provision of workarounds, where possible and logging a task in a tracking system;
• Escalation of certain support issues as appropriate that can be requested by the Licensee directly in the Support Case;
• Phone assistance to get quick advice and directions on Built-In Functionalities of the Supported Products or to escalate a Support Case;
• Remote web assistance. Remote assistance includes demonstration of complex issues of operational nature in Licensee’s environment over a remote webassistance tool, GoToMeeting, or other software suitable for this purpose;
• Ticket prescreening. After submitting a Support Case it is examined to ensure that the provided information is sufficient for Support Staff to start working on.

More details on different DevTools Support Plans and types of Support Services included can be found here or on any other designated website for this purpose.

More details on types of Support Services included in Test Studio subscriptions can be found here or on any other designated website for this purpose.

The upgrade from one Support Plan to another is possible at any time during an active Support Period provided we continue to make such levels of support generally available. Any support level upgrades (if purchased) and all access to support and updates thereunder will be bound to the term of the then active Support Period (i.e. the renewal/expiration date of your Support Period will not change as a result of the support level upgrade). You generally may not downgrade your level of support and there is no automated mechanism available to you by which to downgrade.

4.Support Business Hours and Ticket Response Times. Phone Assistance Recording Policy. Contact Procedures

4.1. Support Business Hours and Ticket Response Times

Ultimate or Priority Support Plan

If Licensee has purchased Ultimate or Priority Support Plan, it is entitled to Ticket Response time within 24 hours (excluding weekends and public holidays in Bulgaria and the United States of America). This means that Company will provide an initial response (but not necessarily a resolution) to each support inquiry within 24 hours of receipt of such support inquiry and will use reasonable efforts to resolve the issue generating the inquiry as soon as is reasonably possible.

Lite Support Plan

All licenses with Lite Support Plan come with a 72 hours Ticket Response time (excluding weekends and public holidays in Bulgaria and the United States of America). This means that Company will provide an initial response (but not necessarily a resolution) to each support inquiry within 72 hours of receipt of such support inquiry and will use reasonable efforts to resolve the issue generating the inquiry as soon as possible.

Trial Supported Plan

Trial licenses to certain Supported Products come with a 72 hours Ticket Response time (excluding weekends and public holidays in Bulgaria and the United States of America). Please see the EULA to determine if Support Services are available under a trial license for a given Supported Product.

Phone Assistance

The Support Business Hours for the Phone Assistance service are (if available under your Support Plan) Mon-Fri, 8 am–10 pm Universal Time Coordinated (“UTC”), excluding public holidays in Bulgaria and the United States of America.

Remote Web Assistance

The Support Business Hours for the Remote Assistance service (if available under your Support Plan) are Mon-Fri, 8am - 2pm UTC, excluding public holidays in Bulgaria and the United States of America. The service requires 24-hour lead time and it is subject to scheduling availability.

Company will make reasonable efforts to achieve resolution of the Support Cases within shortest possible terms. Note that resolutions may involve a “workaround” to an issue that will allow continued use of the affected Supported Product or component. Company does not guarantee that all support issues will be resolved. Bug reports and product feature suggestions are not considered Support Cases, and Company is not obligated to acknowledge or address such bug reports and/or product feature suggestions.

4.2. Contact Procedures

Licensee shall provide sufficient information to Company’s staff to allow it to investigate the Support Case.

In order for the Company to provide the highest possible level of service and work to resolve an issue in a timely and appropriate manner, it is essential that the Licensee observe the correct procedures in respect to reporting an issue.

Depending on the purchased Support Plan, Support Services may be requested by the Licensee and respectively carried out through:

• The ticketing support system available on the Company’s website

  It is accessible via the “My Account” section on Telerik.com. Support Inquiries are private and are visible only to the Licensee, its Licensed Developers and Company’s support personnel.

• Phone assistance

  More details on the phone assistance can be found here or on any other designated website for this purpose

• Remote web assistance

  More details on the remote web assistance can be found here or on any other designated website for this purpose.

Company does not guarantee timely response to Support Cases sent via Progress’ Product Forums.

Company does not guarantee timely response to Support Cases sent by e-mail or through other means of written communication.

4.3. Phone Assistance Recording Policy

• Introduction

  Support calls may be recorded for the following purposes:

  • Help identify your support training needs
  • Help improve support performance
  • Help protect Progress support engineers from abusive or nuisance calls
  • Establish the facts in the event of a complaint
  • Quality control and assurance
• Scope
  • Consent must be obtained at the time each recording is made.
  • Recordings of calls will be stored electronically.

4.4. Helpdesk Support provided by Partner

Where the Partner Agreement states that Partner is to provide Helpdesk Support or that Partner may resell the Company’s generally available maintenance and support service offering for Supported Products distributed by Partner in conjunction with its own application(s), Partner will:

• Accept Licensee’s requests for maintenance and support services in the local language of the Licensee (where applicable)
• Enter required information into Company’s maintenance and support trouble-ticketing system (SupportLink or such other system specified by Company)
• Contact Company’s Licensee Support and advise that an issue has been reported –Company may work directly with the Licensee to resolve the support issue
• Cooperate with a periodic support process and capability audit conducted by the Company

Partner will also comply with any other terms in relation to the provision of Helpdesk Support which may be set out in the Partner Agreement.

If Partner is required to provide Helpdesk Support in accordance with this section 4.4 or First Level Support in accordance with section 4.5 below in connection with a Telerik maintenance and support service offering including 24x7 support, then, unless otherwise specified in the Partner Agreement, Partner must fulfill its Helpdesk Support and First Level Support responsibilities on a 24x7 basis.

4.5. First Level Support provided by a Partner

Where the Partner Agreement states that Partner is to provide First Level Support or that Partner may resell Company’s generally available maintenance and support service offering for Supported Products distributed by Partner in conjunction with its own application(s), Partner will establish and maintain processes and an organization to provide such support for the Supported Products directly to the Licensee. Licensees that have obtained licenses for the Supported Products through a Partner, shall contact the Partner in case they need support services.

5.Scope of Support. Support Package Fair Usage Policy

5.1. Scope of Support

Re-establishment of a working system on all Support Cases is of first importance to us. Company will provide Support Services under the terms of this Support Policy and will use competent staff to provide such services. However, certain limitations apply as follows:

• Company cannot ensure support staff having a specific knowledge regarding the Licensee’s business or particular project
• Company cannot guarantee that the Support Case will be resolved within pre-determined time frame, especially when changes to any Supported Product are necessary
• It might be possible that the Supported Product has design limitations, which should not be considered a Bug. Company, in such instances, will attempt to provide an alternative solution to minimize the impact of such design limitations, if possible
• In no event will Company provide Support of any kind to end-users of Licensee’s Integrated Products or any other Licensee’s proprietary or third party software
• In no event will Company provide Support for Bugs caused by Licensee’s negligence or fault
• In no event will Company provide Support for Bugs resulting from hardware malfunction or malfunction of software not covered by this Support Policy
• Consulting work, custom development and related services fall beyond the scope of the Support and will be provided under terms and conditions to be additionally agreed upon between Company and Licensee.
• Support Services are not available for modifications made to the Supported Product (including modifications to the Supported Product’s Source Code where permitted under the EULA) by any person or entity other than Company;
• Support Services will not be provided with respect to any installation, deployment, or use of the Supported Product: (i) in any country or by any individual or entity subject to U.S. Export restrictions; (ii) for any purpose(s) which Company determines in its sole discretion is/are unlawful, immoral, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or in violation of any party’s privacy or intellectual property rights; (iii) in any situation where failure or fault of the Supported Product could lead to death or serious bodily injury of any person, or to physical or environmental damage.
• Bug fixes and new features are generally only provided for the latest release version of the Supported Product. Workarounds for older versions may be provided in the ticketing system if they are technically possible, but Company cannot guarantee that fixes are available for older versions and there is no warranty for any workarounds that are provided.
• Company does not guarantee compatibility with browsers and third-party software or frameworks which were not available at the time the Supported Product version in use by Licensee was first made generally available.
• More details on the scope terms of support can be found here or on any other designated website for this purpose

5.2. Support Package Fair Usage Policy

Company may limit or terminate Licensee’s access to any or all of the Support Services available under the applicable Support Plan if Licensee’s use of the Support Services is determined by Company, in its sole and reasonable discretion, to be excessive.

5.3. Dealing with Abusive Behavior

Aggressive or abusive behavior includes language (whether verbal or written) that may cause Company to feel afraid, threatened or abused and may include threats, personal verbal abuse, derogatory remarks and rudeness. Inflammatory statements, remarks of a discriminatory nature and unsubstantiated allegations will also be considered abusive behavior. Where a Licensee is aggressive or abusive, Company may decide to:

• Advise Licensee that their actions are considered offensive, unnecessary and unhelpful and ask them to stop;
• End telephone calls / appointments / meetings;
• Terminate all direct contact with Licensee;
• Take any additional actions considered appropriate to the circumstances;

6.Term and Termination

Unless otherwise agreed in writing, Support becomes effective upon the shipment date of the Supported Products, and is available to the Licensee until the expiration date of the Support Period.

Notwithstanding the above, Support may be terminated in accordance with the terms of the EULA. In particular, Support shall terminate immediately in the event that the license granted to the Licensee is terminated for Breach according to the provisions of the EULA. Pricing for support renewal is based on the status of Licensee’s current support policy and varies based on whether the renewal is made prior to expiration of an active subscription, 60 days post expiration, or beyond 60 days post expiration.

7.Exclusion of warranties. Limitation of liability

Supported Products as well as the materials and services related thereto provided to a Partner or to a Licensee are subject exclusively to the warranties (if any) and the limitations on liability set forth in the Partner Agreement and/or the applicable EULA accompanying the Supported Products.

8.Privacy

Company provides the Support Services in accordance with Company’s privacy policy. For more information about Company’s privacy policy, please visit the following link: https://www.progress.com/legal/privacy-policy

9.Miscellaneous

This Support Policy is subject to change at Company’s discretion and will be included in the applicable Support Plan.

In the event the Company revises or updates the Support Policy in a manner that would result in a significant reduction in the level of the maintenance and support services provided for the Supported Products or the Company discontinues maintenance and support for one or more Supported Products that Partner or Licensee have purchased maintenance and support, then such changes will not apply during any then current annual maintenance and support period purchased by Partner for itself (in connection with Supported Products licensed to Partner for its internal use) or for any Licensee or by a Licensee (“Current Annual Maintenance Period”). Such changes will take effect at the start of the annual maintenance and support period immediately following the Company’s release of the updated Support Policy (“Next Annual Maintenance Period”). If Licensee has prepaid or Partner has prepaid for itself or any Licensee one or more annual maintenance and support periods beyond the Current Annual Maintenance Period and (a) Partner or Licensee do not agree with the changes that the Company has made to the Support Policy or (b) the Company has discontinued maintenance and support for the Supported Product(s), Partner or Licensee may terminate such prepaid annual maintenance and support periods, and obtain a prorated refund of the annual maintenance and support fees Partner or Licensee have paid for the unused portion of such prepaid annual maintenance and support periods beyond the Current Annual Maintenance Period, by providing the Company notice of such termination within thirty (30) days of the commencement of the Next Annual Maintenance Period. In the event Partner or Licensee have terminated maintenance and support for itself or the Partner for a particular Licensee in accordance with this paragraph, Licensee or Partner or the applicable Licensee will lose all benefits of maintenance and support.