Ivanti Supplement Terms for Support and Maintenance Services
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 License 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. Capitalized terms not defined herein shall have the meaning set forth in the Agreement.
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.
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 licensed, 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 program function that renders such major program 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 program 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.
- “Assigned Support Engineer” a Support engineer assigned to the customer who is skilled in supporting the Ivanti product for which you have purchased Premium Support.
Customers with active Support and Maintenance may download, install and use any Updates and Upgrades of the products for which they have purchased Support and Maintenance. Customers who are not on a Support & Maintenance plan, are not entitled to download, install, or use Updates or Upgrades that become available after their plan expired.
II. Support Levels
The benefits of each level of Support are as follows:
|Telephone Technical Support||Business Hours||24x7*||24x7*|
|24x7 Support Portal Access||✓||✓||✓|
|24x7 Customer Community||✓||✓||✓|
|24x7 Knowledge Base||✓||✓||✓|
|Software Product Updates||✓||✓||✓|
|Named Support Manager||✓||✓|
|Assigned Support Engineer/Premier Team||✓|
|Severity 1 Target Response Time||2 hours||1 hour||30 minutes|
|Ivanti Advantage Learning||Online Subscription: 1 user license||Online Subscription: 1 user license plus 1 Remote Instructor-led class|
|Upgrade Guidance||Technical Guidance and Validation|
|Escalation Management— Severity 1 Issues||Escalated to Support Manager after 8 hours||Critical situation oversight|
|Priority Case Monitoring||✓|
|Priority Case Routing (after hours)||✓|
|Environment-based Technical Guidance||Recommendations based on best practices and customer needs|
|Support Service Review||✓|
|New Release Notification||Proactive notification||Proactive notification and personalized discussion|
|Remote Support via Screen Sharing||✓||✓|
|Annual Mentoring Session||✓|
|Annual Product Usage Review||✓|
*Severity 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 centers are located at: https://forums.ivanti.com/s/article/How-to-Contact-Ivanti-Support.
Ivanti will direct You to a Support center 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 an Enterprise/Enhanced/Premium Support customer and You report a Severity Level 1 Incident that is not solved during Business Hours of the regional Support center 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 a Premium Support customer, an Assigned Support Engineer (ASE) will be assigned to You. The ASE is skilled in supporting the Ivanti product for which You have purchased Premium Support. The ASE will be available during your normal business hours and is responsible for solving Your submitted Incidents. In case the ASE is not available for any reason, Ivanti will provide a back-up engineer.
Premium 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:
|S1—Critical||2 hrs.||1 hr.||30 min|
|S2—High||4 hrs.||2 hrs.||1 hr.|
|S3—Medium||8 hrs.||4 hrs.||4 hrs.|
|S4—Low||16 hrs.||8 hrs.||8 hrs.|
To be eligible for the response times above, You must submit S1 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 P1 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 licenses 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 licenses. For example, if You purchase one thousand (1,000) licenses of the Software, you may not purchase Support and Maintenance for only five hundred (500) licenses.
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. Enhanced Support
As of March 1, 2020, Enhanced Support is no longer available for purchase. Enhanced Support is being replaced by Enterprise Support, the benefits of which are outlined in Section II above. If You purchased Enhanced Support prior to March 1, 2020, you will still receive Enhanced Support, which provides, in addition to the features of Standard Support, 24x7 telephone support for P1 incidents and the following response times in business hours P1 – 1 hours, P2 – 2 hours, P3 – 4 hours and P4 8 hours. Customers that previously purchased Enhanced Support may upgrade to Enterprise Support for an additional fee.
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 authorized by Ivanti; and (iv) causes unrelated to the Software as delivered to You by Ivanti, including without limitation, unauthorized 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 optimize 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.
l. XI. Ivanti Advantage Learning
Ivanti 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 Advantage Learning 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.
Ivanti 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 Days per year||12||24||48||200|
|Training and Event Vouchers||1||2||3||4|
|On-site Days Percentage||Up to 25%||Up to 25%||Up to 25%||Up to 100%|
The TRM service is a subscription offering that generally 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 organization. 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. 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.
Version 3.20 | Privileged and Confidential