Coverity's Maintenance Service Terms

Version 2009.4

The following terms and conditions apply to the standard Maintenance Services purchased by a Customer. The Software and all Releases and Workarounds are subject to the Coverity Product License Agreement accepted by Customer and Coverity.

1. DEFINITIONS.

“Customer” means an end-user that has a valid license agreement for Coverity Software.

“Documentation” means the user documentation, in written, electronic or other format, which describes the Software and its operation and which Coverity makes generally available to its licensed customers for use with the Software.

“Maintenance Services” means the standard Maintenance and Support provided by Service Provider to Customer as further described below.

“Service Provider” means Coverity or, alternatively, its authorized subcontractor that has a written agreement with Coverity to provide Maintenance Services to end-users.

“Software” means the specific products licensed to Customer by Coverity as further defined in the applicable Coverity Product License Agreement accepted by the Customer.

2. MAINTENANCE SERVICES. Subject to Customer’s payment of applicable fees, Service Provider will provide the following standard Maintenance Services to Customer for the period agreed by the parties in the order documentation:

• 2.1 Maintenance and Support.
  • (a) Maintenance. “Maintenance” means the provision by Service Provider to Customer of any Releases or Workarounds that are made generally available by Coverity to customers who subscribe for Coverity’s maintenance offering.
    • (i) A Release will be one of the following: A “Major Release” means a specific edition of the Software that contains major functionality changes. The content and timing of all Major Releases will be determined by Coverity in its sole discretion. Major Releases are signified by version changes to the left of the decimal point (e.g. 2.0 -> 3.0) following the product name. A “Minor Release” means a specific edition of the Software that contains minor, but significant functionality changes. The content and timing of all Minor Releases will be determined by Coverity in its sole discretion. Minor Releases are signified by version changes to the right of the decimal point (e.g. 2.5 -> 2.6) following the product name.
      
      
    • (ii) “Workaround” means a software patch, error correction, or feasible change in operating procedures whereby the Software is made sufficiently functional so that Customer can continue to use the Software. Service provider may provide Workarounds for a release to resolve a Service Issue for up to twelve (12) months after the earlier of (i) the date the subsequent Release is first made commercially available, and (ii) the date the current Release is no longer made available as a commercial offering by Coverity. After such twelve (12) month period, Service Provider is not obligated to provide Workarounds but will support Customer’s update of the Software to the latest Release. Where Workarounds are to be delivered to resolve a Service Issue, Service Provider will provide Customer with a single copy of a Workaround on suitable media or shall make available the applicable Workaround for download by Customer from Service Provider’s web site.
       
  • (b) Support. “Support” means the e-mail and telephone technical services that Service Provider offers regarding the use and function of the Software. Service Provider will provide Support and respond to Service Issues as further described below. A “Service Issue” is a Customer inquiry regarding the functionality or use of the Software. Customer agrees that Service Provider’s Support obligations concerning the Software’s use with third party products, including compilers, operating systems and other software, shall be limited to those items set forth in the Documentation. Service Issues are assigned a classification at the time of Customer’s initial contact with Service Provider, and are classified according to the severity levels set forth below. The Service Provider will initially respond in accordance with the response times applicable to Service Issues reported by telephone or e-mail during Service Provider’s regular service hours for the applicable region as set forth below. Failure to contact Customer within the response time period because the Customer is unavailable (e.g., phone busy, no answer, in a meeting, or out of the office) does not constitute Service Provider’s noncompliance with the response commitment. Customer shall cooperate with Service Provider to provide reproducible results for any errors reported. Service Provider’s ability to provide Support will depend, in some cases, on the ability of the Customer representatives to provide accurate and detailed information and to aid Service Provider in handling a Service Issue. Customer shall provide Service Provider with reasonable access to Customer systems, premises and staff as needed to provide Support. Service Provider will provide Support for each Release for at least eighteen (18) months after the subsequent Release is first made commercially available. After such period, Service Provider will provide Support, as needed, to Customer to update its use of the Software to the latest Release of the Software.

• • (c) Customer Point of Contact. Customer will designate a specific individual to be the primary point of contact for Maintenance Service communications with Service Provider and will deliver contact information for such individual to Service Provider’s support team.
     
• 2.2 On-Site Support. Customer may elect to purchase specific on-site support packages, details of which can be found on Coverity’s website: http://www.coverity.com/html/services.html. The purpose of on-site support is to help customers optimize deployment of the Software, including installation, setup, configuration, and upgrade support offerings.
  
  
• 2.3 Exclusions to Maintenance Services. Maintenance Services do not include the right to access new or bundled product offerings made available by Coverity, unless licenses for such offerings are separately purchased. Service Provider will not have any obligation to provide Maintenance Services for problems in the operation or performance of the Software to the extent caused by any of the following: (a) modifications to the Software made by any party without Coverity’s express written authorization; (b) Customer’s use of the Software other than as authorized in the Coverity Product License Agreement or as provided in the Documentation; or (c) Customer’s use of other than those releases of the Software covered by Maintenance Services, or of a failure to use any error corrections or updates thereto provided to Customer by Service Provider to address such problem. If, in its sole discretion, Service Provider determines that a problem in the operation or performance of the Software is caused by the foregoing, then Service Provider will notify Customer promptly and have no further Maintenance Service obligations related to such problem. If Customer requests services beyond standard Maintenance Services, Service Provider will have the right to invoice Customer at Service Provider’s then-current published time and materials rates for the provision of such services.

3. HOURS OF SERVICE AND CONTACT INFORMATION.

For Customers located in Japan:

For Customers located in Korea:

For Customers located in India:

For Customers located in Europe:

For Customers located in North America and all other locations:

All contact information is subject to change upon notice from Coverity.

4. GENERAL. These terms and conditions will be governed by and construed in accordance with the laws of the State of California excluding that body of laws known as conflicts of law. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of California and the parties irrevocably consent to the personal jurisdiction and venue therein. These terms and conditions contain the parties’ entire agreement concerning maintenance and support services. Customer agrees that additional or different terms on Customer’s purchase order shall not apply. Any waiver, modification or amendment of these terms and conditions will be effective only if in writing and signed by an authorized representative of Customer and Coverity.