Supportbedingungen

(Rev. 23OCT2018)

Overview
Humai Support for Humai software consists of operational assistance and technical support provided by Humai, in its reasonable judgment, during the term of Support procured by you. Humai will supply its software licensees who have enrolled in Support with Upgrades that are made generally available (“GA”) by Humai, together with any additional related Documentation.

Humai Support is offered for GA Humai software unless Humai specifically designates that software as not eligible for support or the software is licensed by Humai on an “as is” basis without warranties. You are only eligible to receive Humai Support if you remain current on all applicable licensing and support fees due and payable to Humai and are otherwise compliant with your applicable contractual obligations to Humai. Humai currently makes, and at Humai’s discretion Humai may make, other fee-based tiers of support or support offerings available that provide specific, customized, and/or more comprehensive forms of enhanced support. As a prerequisite to obtaining additional support through these offerings, you must be an active Humai Support customer.

Technical support will be performed in a timely and professional manner by qualified support engineers familiar with the software.

Humai Support generally includes:

Direct access to technical support and the ability to open and manage support incidents via Humai Support Online or by telephone*.
Telephone support during Austrian Workdays from 09.00am to 06.00pm CET
Access to Humai Support Online (https://humai.freshdesk.com) for online technical support and access to Humai software product and Documentation downloads, Fixes, Service Packs, patch downloads, user groups, user forums, beta testing, FAQs, samples, webcast recordings and demos, usage tips, and updates and notifications, as such are made available by Humai.
Interactive remote diagnostic support allowing technical support engineers to troubleshoot an incident securely through a real-time browser-based remote control feature.
Upgrades for the Humai software if and when Humai makes them GA. Any Humai software so provided is subject to the same usage limitations and restrictions as the Humai software originally licensed to you by Humai.
Defined terms used in this policy include the following:

“Humai Hardware” means a Humai-provided pre-configured hardware appliance or server platform that is bundled with, and operates, a Humai software product.

“Documentation” means specifications, user documentation, and technical manuals and guides provided by Humai with Humai software.

“Fixes” means any change that Humai makes to the software, including changes made for purposes of maintaining system compatibility, error correction, improved operation and security and Workarounds that establish or help to restore material conformity to the specifications in the Documentation for that software. A “Fix” is generally an interim solution for a specific customer problem, and is typically provided through a targeted point patch or hot fix. A “Fix” may also include any recommendations or advice provided to you including recommendations that you migrate to a current Version or Release, consideration of the incident in developing a future Version or Release of the software, or other steps to close an open incident in accordance with Humai support processes.

“Release” means a release of a Humai software product, which may contain minor new software product functionality, code, or compatibility and incorporates all previous Service Packs and Fixes (if any exist) since the last VersionUnless otherwise specified by Humai for a particular product, a Release is tied to the preceding Version and is designated by a number to the right of the decimal point such as 1.1, 1.2, 1.3, etc.

„Self-Service Support“ means access to self-help tools provided on Humai Support Online, such as software product compatibility information, previously published Fixes, Workarounds, knowledge documents and other Humai software product solutions.

“Service Pack” means a set of cumulative Fixes for a particular Version or Release of the software, and typically does not contain new features or functionality. A Service Pack may be available either as a download from Humai Support Online or from Humai Software Cloud Platforms. It is generally installed as a software product overlay (also known as a patch). Service Pack nomenclature is tied to the related Version or Release. For example, a Service Pack relating to Version 1.0 would be designated as 1.0 SP 1, 1.0 SP 2, etc., and a Service Pack for Release 2.1 would be designated as 2.1 SP1, 2.1 SP2, etc.

“Upgrades“ include Documentation revisions, error corrections, software product enhancements, Service Packs, Versions and Releases for the Humai software for which Humai Support is provided, and do not include any options or software products that are licensed separately by Humai and are not derived from or based on the existing software product or Documentation. Sometimes Upgrades are referred to as “product updates” or “software updates”.

“Version” means a release of a Humai software product that contains major changes in software product functionality, code, or compatibility and incorporates the previous Release (if one has occurred), Fixes and Service Packs (if they have occurred). Typically, a Version requires a new installation, rather than an overlay to the already installed software. Unless otherwise specified by Humai for a particular product, a Version is designated by the number to the left of the decimal point such as 1.0, 2.0, 3.0, etc.

“Workaround” means an interim resolution of an incident and may include specific modifications to the software to address critical problems (sometimes also called “hot fixes”). In some cases, the incident addressed by the Workaround will be permanently resolved when you install the next Upgrade; the Workaround itself may be considered final if it materially reduces the impact of an error or defect.

Service Level Objectives

Humai will use reasonable efforts to meet the service level objectives stated in the Service Level Objectives table below with regard to remedial software support and will provide ongoing efforts to resolve Severity 1 support incidents. Due to the complexities of technical environments, the table represents an estimate of response times only and actual response times may vary.

Severity Level Descriptions

„Severity 1“ means “System Down” or a product-inoperative condition impacting a production environment, such as (i) production server or other mission critical systems are down; (ii) a substantial portion of mission-critical data is at a significant risk of loss or corruption; (iii) a substantial loss of service; (iv) business operations have been severely disrupted; (v) an incident in which the software causes catastrophic network or system failure or that compromises overall system integrity or data integrity when the software is installed or when it is in operation (i.e. system crash, loss or corruption of data, or loss of system security) and significantly impacts ongoing operations in a production environment; or (vi) Customer (acting in good faith) informs Humai that the Humai software compromises Customer’s regulatory compliance position, and in each of the foregoing situations (i) through (vi), no Workaround is immediately available.

„Severity 2“ means a high-impact business condition possibly endangering a production environment. The software may operate but is severely restricted.

„Severity 3“ means a low-impact business condition with a majority of software functions still usable; however, some circumvention may be required to provide service.

„Severity 4“ means (i) a minor problem or question that does not affect the software function, (ii) an error in software product Documentation that has no significant effect on operations; or (iii) a suggestion for new features or software product enhancement.

Service Level Objectives

Incident Severity Initial Response Time

  • 1 hour
  • 2 business hour
  • 1 business day
  • 3 business days

During Austrian Workdays from 09.00am to 06.00pm CET, as published on Humai Support Online, based on the time from when an incident is submitted online or telephonically.

Should the Customer require longer support availabilities (e.g. 24×7), such additional Support Service Levels need to be agreed upon in the respective Product Schedule

Supported Software

Humai Support is provided for:

(a) The latest Version or Release of the software made GA by Humai.

(b) At Humai’s sole discretion Humai Support may be provided for one previous Version or Release (“GA-1”) for a Humai software product that has not reached End Of Service (“EOS”) as set forth in Section 6 below.

Notifications of whether Humai will provide Humai Support for a GA-1 software product may be provided to you by letter or email, and/or by Humai posting such notifications on Humai Support Online.

Humai Extended Support for Humai software products, Releases and/or Versions which have been officially retired and have reached their EOS or EOL may be made available in Humai’s discretion through customized, fee-based Humai Support offerings.

Customer Responsibilities

In order to receive Humai Support, you must maintain a supported environment, which includes the current Versions and Releases and Service Packs of Humai Software as well a valid Humai Support contract needs to be in place. Either as part of the Humai Product Schedule or in a separate agreement. All computer hardware, operating systems, and third party software associated with the affected Humai software must be maintained on the latest releases and version levels from the manufacturer that Humai designates as compatible with the Humai software.

In order to receive Humai Support, you must provide a technical support incident request in German or English that contains all information pertinent to the problem or incident, including but not limited to the site identification number, incident severity level, software/Release/Version/Service Pack or gen level, operating system/version, platform, a description of the problem or incident, and as available, log files/test case, memory dumps, and file listings. You must provide the name(s) and contact information, including email addresses and telephone numbers, for technical personnel who are familiar with the problem or incident and your environment. You must execute diagnostic routines if provided by Humai and inform Humai of the results. You agree to continue to communicate with Humai to verify the existence of the software problem and provide information about the conditions in which the problem could be duplicated. For severity 1 incidents, Humai may require that your technical contact be continuously available while the incident is at a severity 1 status to offer further documentation and resolution testing, in order for Humai to continue progress on addressing the incident.

Technical Support Limitations

On-site maintenance and support services are not within the scope of Humai Support. Humai may make on-site maintenance and support services available through separate fee-based support offerings and enhanced support maintenance tiers. If you do not have a separate agreement for on-site maintenance and support services and you request that Humai provide on-site support services in order to address a problem or incident with Humai software, Humai may determine in its sole discretion whether to provide on-site support services. If on-site support services are provided, Humai may invoice, and you shall, within thirty (14) days of your receipt of the invoice, pay Humai for such on-site support services charged at Humai’s then prevailing rates, including all associated disbursements and travel expenses incurred by Humai. Humai may decide at its own discretion to provide on-site support services at its own expense.

Humai shall not be obligated to provide technical support for non-Humai software, Humai software that is not used in accordance with the product Documentation, modifications to the Humai software, custom code provided by you or any third party or otherwise not part of the base software product functionality or problems associated with software products running on unsupported hardware, operating systems, or third party software. Any such service may be available on a fee basis, as determined by Humai. Should such support be provided, it may be limited to the provision of published Fixes for previously known problems with Humai software and will not include support for new installations or implementations of supported Humai software in unsupported third party environments or new releases of the unsupported hardware, operating system or third party software. Ultimately, you may be required to upgrade to a supported third party software product or release, hardware platform, framework, database or operating system configuration as approved or certified in Humai’s published specifications to continue receiving technical support services from Humai.

Humai shall not be responsible for any changes in your hardware or operating environment that may be necessary as a result of a Workaround or Fix. You acknowledge that any changes you elect to make to your operating environment may detrimentally affect the performance of Humai software and, despite the technical support to be provided hereunder, Humai shall not be responsible for such effects upon, or any resulting degradation in performance of, the Humai software. Humai is not required to provide technical support if you do not perform your responsibilities as stated herein.

Consulting services are not provided as part of Humai Support. Humai Support does not include performing deployments, installations or roll-outs including but not limited to, deployment architecture design, review or validation, ongoing system operational duties, or staff augmentation activities.

End of Service Policy

As new Versions and Releases of software products become GA, previous Versions and Releases become obsolete. In accordance with this policy, Humai decides, at its sole discretion, when a Humai software product Version or Release will be designated EOS and what the end of service date (“EOS Date”) will be. Humai may also decide to withdraw support for a particular operating system, platform, application or database by following the EOS process. When a Version or Release reaches its EOS Date, no future development, Service Packs or Fixes will be provided for the Release or Version and Humai Support will cease. This does not affect any written obligations where Humai has previously agreed to provide you with maintenance and support for a specified period of time and such maintenance and support shall continue only for such specified period.

Humai will use reasonable efforts to provide licensees with a minimum of twelve (12) months notice prior to the EOS Date of a Version or Release. If a third party withdraws support for an operating system, platform, application or database, Humai may not be able to provide a longer period of EOS notice than that provided by the third party. Notifications of software product status may include upgrade or migration path information. Notifications of Humai product status may be provided to you by your Humai representative; by letter or email; and/or by Humai posting such notifications on Humai Support Online.

Following EOS of a Version or Release, Humai will continue to support the Humai software product at a later Version or Release level (or, where support has only been withdrawn for a certain operating system, platform, application or database, for the remaining supported environments). Humai suggests that licensees of Versions or Releases subject to an EOS notice, upgrade to the most current supported Version or Release. If you would like maintenance and support for a Version or Release that has reached its EOS Date, you may either:

purchase Humai Extended Support for that Version or Release, if Humai has made such offering available and you meet any defined prerequisites; or
continue to use the Version or Release, consistent with your license, and use Self-Service Support only.

Stabilization Policy

A Humai software product becomes stabilized when no future enhancements, Versions, Releases, development or Service Packs are planned, but all other Humai Support features remain in effect, including the provision of Fixes. Features and functionality are frozen at the current Version or Release level. Licensees will receive notice that a Humai software product Version or Release has become stabilized. Notifications of software product status may include upgrade or migration path information. Notifications may be provided to you by your Humai representative; by letter, fax or email, and/or by Humai posting such notifications on Humai Support Online. As this is the phase preceding an EOL phase, you may be offered the opportunity to license an alternate Humai software product which provides similar or, in some cases, enhanced functionality.

End of Life Policy

Humai decides, at its sole discretion, when a Humai software product will be designated EOL and what the end of life date (“EOL Date”) will be. When a Humai software product reaches its EOL Date, no future development, Upgrades, Service Packs or Fixes will be provided for any Version or Release of the Humai software product and Humai Support for the Humai software product will cease. This does not affect any written obligations where Humai has previously agreed to provide you with maintenance and support for a specified period of time and such maintenance and support shall continue only for such specified period.

Humai will use reasonable efforts to provide licensees with a minimum of twelve (12) months notice prior to the EOL Date of a Humai software product. Notifications of Humai software product status may include upgrade or migration path information. Notifications may be provided to you by your Humai representative; by letter, fax or email; and/or by Humai posting such notifications on Humai Support Online.

An alternate Humai software product that provides similar or, in some cases, enhanced functionality, may be made available for licensing by Humai. Humai suggests that licensees of EOL software products consider migrating to such an alternate software product. Humai may be able to assist you in formulating and implementing a migration plan through a fee-based service. If you would like maintenance and support for a Humai software product that has reached its EOL Date, you may either:

purchase Humai Extended Support for that software product, if Humai has made such offering available and you meet any defined prerequisites; or
continue to use the software product, consistent with your license, and use Self-Service Support only.

Humai Hardware

Subject to the terms of your agreement and transaction documents, and if used in accordance with the Documentation, during the Term of Support, Humai will provide repair or replacement services relating to problems arising out of the use of Humai Hardware to the extent that the Humai Hardware failure impacts the ability of the Humai software or Humai Hardware products(s) to perform in substantial accordance with the applicable Documentation. At its sole discretion, Humai may provide replacement hardware in the event of a Humai-verified failure of the Humai Hardware. You are responsible for undertaking the proper supervision, control and management of the use of the Humai Hardware, including (but not limited to) assuring proper supported environment configuration, Humai software installation, and operating methods.

Humai will not support modifications to the Humai Hardware other than those performed by Humai, or agents acting on its behalf, or if you fail to comply with the terms of your agreement to the extent such failure impacts the ability of the Humai Hardware to perform in substantial accordance with the applicable Documentation.

With respect to the Humai Hardware, Humai will provide to you any warranties made by the original manufacturer of the Humai Hardware. Otherwise, Humai makes no warranties, and hereby disclaims any and all warranties (including but not limited to warranties of merchantable or satisfactory quality or fitness for a particular purpose), with respect to the Humai Hardware. Warranties specified in Humai’s Master License Agreement shall not apply to the Humai Hardware.

Ownership and Proprietary Information

Title to, ownership of, and all rights in the intellectual property, including but not limited to patents, copyrights, trademarks, and trade secrets in the Humai software, Humai Hardware, Humai Support and Documentation, any derivative works thereof, deliverables provided in connection therewith, and any goodwill accruing from the use of such Humai software, Humai Hardware, Humai Support, and Documentation, belong exclusively to and shall remain with Humai and/or Humai’s licensors; provided that to the extent deliverables are provided by Humai as part of Humai Support, and contingent upon your payment in full for applicable licensing and Humai Support fees due and payable to Humai, Humai grants you a royalty-free, non-exclusive license to use such deliverables for your internal business purposes only, consistent with the purpose for which such deliverables were provided. You shall not make available or disclose such intellectual property to any third parties except as expressly permitted by these Policy and Terms, and shall take appropriate action, including by instruction or agreement with your employees who are permitted access to such information, to satisfy your obligations hereunder.

Humai is not precluded or restricted from developing computer software or materials, or related Documentation which is or may be considered competitive with any computer software or materials that may have been supplied to you as part of Humai Support, irrespective of their similarity. The ideas, concepts, know-how or techniques utilized or developed by Humai during the performance of Humai Support may be further utilized by Humai in any of its other business activities. Humai is not restricted in its ability to reassign Humai personnel who have provided services hereunder to the performance of similar support services for other customers.