IVANTI SUPPORT AND MAINTENANCE SERVICES SUPPLEMENTAL TERMS

In conjunction with Your purchase of Support and Maintenance Services, You agree to these Supplemental Terms for Support and Maintenance Services which are hereby incorporated into the End User Licence and Services Agreement between Ivanti and You (the "Agreement"). Ivanti may revise these Supplement Terms for Support and Maintenance Services from time to time by publishing such updates at https://www.ivanti.com/company/legal/support-terms. In the event that Ivanti makes any revision that includes a material change to these Supplement Terms for Support and Maintenance Services during your current annual Support and Maintenance term (“Change”), Ivanti shall give you notice of such Change. You shall have thirty (30) days to object to any such Change by written notice to Ivanti, otherwise you agree to accept the Change and incorporate any such Change into the Agreement. If you reject the Change on a reasonable basis, the Parties shall work together in good faith to come to a mutual resolution of the issues. Capitalised terms not defined herein shall have the meaning set forth in the Agreement.

If You receive support and maintenance services directly from an authorised support delivery partner, the terms regarding support in these Supplemental Terms for Support and Maintenance Services shall not apply and shall instead be determined between You and the relevant authorised support delivery partner.

Overview

Ivanti offers Support and Maintenance for purchase on an annual basis. Support provides a resource for You to receive assistance regarding installation, standard product configuration and the usage of Ivanti products. Maintenance entitles You to receive the latest software updates and upgrades, including patches, fixes, and security updates.

I. Definitions

The following defined terms are used to describe the Support services and Maintenance:

"Business Hours" means regular operating hours, excluding company holidays, where support coverage is available for each geography as found at https://forums.ivanti.com/s/contactsupport

"Documentation" means, collectively, the official product operation instructions, release notes and user manuals provided by Ivanti for the Software, in electronic or written form, that Ivanti has made publicly available.

"Error" means a reproducible failure of a properly licenced, implemented, and used Ivanti product to perform in substantial conformity with its accompanying documentation.

"Incident" means a single Support issue, generally an Error, or usage question with an Ivanti product and the reasonable effort needed to resolve it.

"Maintenance" means the provision of Updates and Upgrades for the Software.

"Phone Support" means Support that is initiated via a call-back feature on the Ivanti Support portal.

"Severity Level 1" or “S1” means an Incident where in a production environment, when a workaround is not immediately available and a large portion of Your environment is so severely impacted that You cannot reasonably operate, notwithstanding proper installation and use of the Ivanti product(s) : (a) a substantial portion of the Ivanti product(s) does not operate and cannot be restarted; (b) there is an Error in a major programme function that renders such major programme function completely unusable; or (c) there is an Error that causes a third-party, mission-critical application to be unstable.

"Severity Level 2” or “S2” means an Incident where, notwithstanding proper installation and use of the Ivanti product(s), there is an Error in a major programme function causing significant impact to the Ivanti product(s) such that the Ivanti product(s) is difficult but not impossible to use.

"Severity Level 3” or “S3” means an Incident where, notwithstanding proper installation and use of the Ivanti product(s): (a) there is non-critical degradation of performance or function in the Ivanti product(s); or (b) there are minor intermittent problems in the Ivanti product(s). A commercially reasonable workaround may be available.

"Severity Level 4” or “S4” means all requests for an enhancement to, information, questions, or documentation issues concerning one or more Software or Errors with little or no effect on normal operation of the Ivanti product(s).

"Software" means the object code form of the Ivanti proprietary software product(s) made available by Ivanti under the Agreement, whether on premise or as a SaaS Offering, and including any Documentation, Updates, and Upgrades.

Third Party Products” means any software or hardware that is manufactured by a party other than Ivanti and is either (i) not delivered with the Software, or (ii) not incorporated into the Software.

"Support” means the Ivanti-provided customer service designed to resolve Errors and Incidents in the installation, configuration, and usage of the Software, but does not include any type of assisted deployment, design particular to bespoke requirements, or assistance with Third-Party Products being used in conjunction with the Software.

"Support Portal” means the Support website located at: https://success.ivanti.com/customers.

"Update” means bug fixes, minor enhancements, corrections, patches, and functions added to or removed from the Software, not including any new software or functionality that Ivanti markets and sells separately.

"Upgrade” includes major releases of products that replace a prior version of that product.

Designated Support Engineer” a Support engineer assigned to the customer who is skilled in supporting the Ivanti product for which you have purchased Enterprise Support.

If You have an active Support and Maintenance Service term, then You may download, instal and use any Updates and Upgrades of the Ivanti software products for which You have purchased Support and Maintenance Services. If You have not purchased Support and Maintenance Services or Your Support and Maintenance Services term ahs expired, You are not entitled to download, instal, or use Updates or Upgrades.

II. Support Levels

The benefits of each level of Support are as follows:

SUPPORT FEATURE

STANDARD

PREMIUM

ENTERPRISE

Telephone Technical Support

*Severity 1 incidents only

Business Hours

24x7*

24x7*

24x7 Support Portal Access

24x7 Customer Community

24x7 Knowledge Base

Software Product Updates

New Release Notification

Standard notifications

Proactive notification and personalised discussion

Remote Support via Screen Sharing

Escalation Management— Severity 1 Issues

Escalated to Support Manager after 8 hours

Critical situation oversight

Designated Support Engineer/Premier Team

Customer Success Manager (CSM)

Cloud Sandbox for SaaS Subscriptions

Advantage Learning

Online Subscription: 1 user licence

Upgrade Guidance 

Technical Guidance and Validation

Priority Case Handling

Environment-based Technical Guidance

Recommendations based on best practices and customer needs

Annual 4 Hour Health check

*Severity Level 1 incidents only

III. Incident Submission and Processing

You may submit Incidents 24 hours per day, 365 days per year via the online Support Portal located at: https://forums.ivanti.com/s/article/How-to-Contact-Ivanti-Support.

You may also report Incidents by phone during Business Hours. Business Hours and company holidays for the Ivanti Support centres are located at: https://forums.ivanti.com/s/article/How-to-Contact-Ivanti-Support.

Ivanti will direct You to a Support centre within Your corresponding geography (Americas; Europe, Middle East, and Africa; or the Asia Pacific region) and responses from Ivanti Support will be delivered during Business Hours for that geographic region.

If  You are a Premium/Enterprise Support customer and You report a Severity Level 1 Incident that is not solved during Business Hours of the regional Support centre to which the Incident is initially reported, and the Incident requires around-the-clock work, Ivanti will transfer the Incident to other Support sites in the United States, Asia, and/or Europe as needed, as long as You have dedicated resources working on a 24x7 basis to provide information and assist Ivanti support as needed..

When notifying Ivanti of any Incident, You must provide Ivanti with detailed information about any suspected Error(s), including an example, the context in which it was encountered, details of Your system configuration, and the steps necessary to generate or reproduce the Error. The Severity level of an Incident shall be determined by agreement between You and Ivanti (using the Severity definitions described in these terms).

If You are an Enterprise Support customer, a Designated Support Engineer (DSE) will be assigned to You.  The DSE is skilled in supporting the primary Ivantiproduct for which You have purchased Enterprise Support. Additional DSEs can be purchased if you require support for other products. The DSE will be available during your normal business hours and is responsible for solving Your submitted Incidents. In case the DSE is not available for any reason, Ivanti will provide a back-up engineer.

If You are an Enterprise Support customer, an Ivanti customer success manager (“CSM”) will be assigned to You. The CSM will work with You to develop and update a customer success plan including: success criteria, adoption metrics and coordinates the activities per the plan. Delivers quarterly business reviews, manages product requests and advocates for You within Ivanti.

Enterprise Support customers will be provided direct access to a Support Manager who is available to manage escalated incidents or coordinating incidents across time zones for customers with multiple sites in different geographic locations.

IV. Technical Contacts

You will provide technical contacts to Ivanti as reasonably required to provide information, work through instructions, and confirm resolution of the Incident. Your designated technical contacts will be responsible for interfacing with Ivanti Support personnel. Each technical contact must be familiar with the Software and be capable of performing basic administrative functions.

V. Response Times

Ivanti will respond to and set internal resolution Severity for each reported Incident within the following initial response time targets during Ivanti Business Hours:

BUSINESS IMPACT

STANDARD

PREMIUM

ENTERPRISE

S1 — Critical

2 business hrs.

1 hr.

30 min.

S2 — High

4 business hrs.

4 business hrs.

2 business hrs.

S3 — Medium

8 busines hrs,

8 business hrs,

8  business hrs

S4 — Low

16 business hrs.

16 business hrs.

8 business hrs.

To be eligible for the response times above, You must submit S1/S2 Incidents to Ivanti by phone.

If you have 24x7 Phone Support entitlement, then You will have access to Phone Support outside of Business Hours for S1 issues. Ivanti will route calls via a follow-the-sun model and initial response time targets will apply 24x7.

VI. Renewal of Support and Maintenance

Support and Maintenance is offered on an annual basis and must be renewed prior to the expiration of the then-applicable Support and Maintenance term. If payment for a Renewal Term is not received prior to the expiration date of the existing term, Ivanti reserves the right to suspend access to Support and Maintenance until payment is received.

You must purchase Support and Maintenance for the total number of licences of the Software You have purchased or are using (whichever is greater) and may not purchase Support and Maintenance for a subset or partial set of licences. For example, if You purchase one thousand (1,000) licences of the Software, you may not purchase Support and Maintenance for only five hundred (500) licences.

VII. Reinstatement of Support and Maintenance

If You terminate or allow Support and Maintenance to lapse or expire and would like to reactivate Support and Maintenance, You must pay: 1) a fee equal to the total Support and Maintenance fees retroactive to the date of lapse or termination; 2) a reinstatement fee; and 3) a fee for the then-commencing Support and Maintenance term.

VIII. Termination of Support and Maintenance

If you elect to not renew Support and Maintenance, You must provide ninety (90) days written notice prior to the end of the then-applicable annual Support and Maintenance term.

IX. Legacy Support Programmes

As of March 1, 2020, Enhanced Support is no longer available for purchase.  Enhanced Support is being replaced by Premium Support, the benefits of which are outlined in Section II above.  Customers that previously purchased Enhanced Support will be upgraded to Premium Support at future renewals.

The Ivanti Premium Support offering sold during 2020 has been renamed Ivanti Enterprise and a CSM service has been added. The Ivanti Enterprise offering sold during 2020 has been renamed Premium and the Ivanti Global Academy licence removed – customers requiring future access to Ivanti Advantage Learning  should notify their renewals representative at the time of renewal.

The former MobileIron programmes – Premium and Enterprise have been renamed Ivanti Premium and Ivanti Enterprise the features of the programmes remain substainally the same.

X. Support Exceptions

Ivanti shall be under no obligation to furnish Support for any Software to the extent that such Support is necessary or desired as a result of: (i) the operation of the Software in environmental conditions or configurations outside those described in the Documentation; (ii) Your failure to upgrade or update the Software within a supported version as specified at: https://forums.ivanti.com/s/end-of-life, or to maintain the Software in accordance with the standards described in the Documentation or as specified in any Support and Maintenance you receive from Ivanti; (iii) actions of any third party other than Ivanti or a third party authorised by Ivanti; and (iv) causes unrelated to the Software as delivered to You by Ivanti, including without limitation, unauthorised modifications to the Software, made by You or on Your behalf.

Ivanti Support is designed to assist You with errors and incidents in the normal usage of the Software in Your environment. If You would like assistance from Ivanti-approved resources beyond Ivanti’s standard Support, including product training, implementation services, and customization services, Ivanti Support recommends engaging with Ivanti Professional Services. Ivanti Professional Services have the skills to architect, implement, and optimise Ivanti solutions and are specially trained to provide a unified, consistent, and cost-effective user-oriented experience. Find out more about Ivanti Professional Services at: https://www.ivanti.com/services/professional-services.

XI. Advantage Learning

Advantage Learning is a comprehensive and self-paced training environment—a 24x7x365 learning “ecosystem” that places the power of learning in the learner’s hands. Cloud-based, multi-device, and blended, our learning environment helps Ivanti customers train on the things they want to, when they want to, where they want to, and how they want to, to benefit from training as quickly and easily as possible. Ivanti Global Academy includes:

  • Short, easy-to-consume training modules;
  • Access to all available product training via annual subscription;
  • Role-based learning paths that take the guesswork out of which training to take;
  • A convenient approach to training on product updates;
  • An easy way to track your training progress;
  • A qualitative self-assessment to identify accomplishments, strengths, training needs, and future goals;
  • Greater comprehension through self-administered learning;
  • Just-in-Time training, so you’re never left without the skills You need to get the job done; and
  • Points and badges for completing activities that bring motivation and fun to learning.

Advantage Learning offers annual subscription based educational services or single course offerings through the Ivanti Advantage Learning Storefront at: https://advantagelearning.ivanti.com .

XII. Technical Relationship Manager (TRM)

Ivanti also offers the services of Technical Relationship Managers (TRMs) on an annual basis as set forth below.

TRM Type

Basic

Premier

Enterprise

Dedicated

TRM Days per Year

12

24

48

200

Advantage Learning Vouchers

1

2

3

6

On-Site Days Percentage

Not Included

Up to 25%

Up to 25%

Up to 25%

Travel Expenses

N/A

Included

Included

Included

The TRM service is a subscription offering that typically runs for a period of twelve (12) months. Your TRM serves as a “technical advisor on retainer” and works with Your executive sponsor, business stakeholders, and key operational personnel within Your organisation. Each TRM offering includes a specific number of TRM days available to You on an annual basis. You may use a certain percentage of the TRM days for on-site consultation. On-site days must be used in increments of at least two (2) consecutive days. Travel costs are included in the TRM offerings that include onsite days. What’s more, each TRM offering includes vouchers for additional training that entitle one (1) of Your personnel (per voucher) to register for a course through Ivanti Advantage Learning (You are responsible for all travel and expenses) or via the online learning system.

The initial period for TRM coverage begins on the purchase date and ends twelve (12) months thereafter. To ensure uninterrupted use of any TRM offering purchased by You, the TRM services shall renew automatically for additional periods of twelve (12) months unless either Party provides written notice to the other Party not to auto-renew the TRM offering at least sixty (60) days before the end of any TRM period. Any unused TRM days and training vouchers expire at the end of each annual period.