End-User License Agreement

Terms of Service Policy

End-User License Policy

 

THIS END-USER SOFTWARE LICENSE and SERVICE LEVEL POLICY AGREEMENT (“Agreement”) is between the end-user (“End-User”), as defined below, having its principal place of business as set forth in a Value-Add Reseller (“VAR”) B1 Order, and/or Value-Add Distributor (“VAD”) B1 Order, Statement of Work, or similar document, and the VAR and/or VAD acting on behalf of CLOUDCOVER USA, Inc. with its principal place of technology and sales business at 14000 Sunfish Lake Blvd. NW, Suite 204, Ramsey MN 55303, USA (“CLOUDCOVER” and/or “CLOUDCOVER USA”). This Agreement governs the End-User’s use of the CLOUDCOVER® software (the “Software”) and the documentation made available for use with such CLOUDCOVER® software. “You” and “End-User” mean the VAR/VAD End-User (customer) who, under the CLOUDCOVER B1 Program, is the “Ordering Activity,” defined as an “end-user authorized to order” as defined by the “VAR B1 Order” and/or “VAD B1 Order” as such order may be revised from time to time.

In consideration of the mutual promises and upon the terms and conditions set forth below, the VAR, and VAD Contractor and End-User agree as follows:

I. DEFINITIONS

I.1 “Confidential Information” means any information disclosed by either party to the other party, either directly or indirectly, in writing, orally or by inspection of tangible objects (including without limitation documents, prototypes, samples, the Software, and Documentation), which is designated as “Confidential,” “Proprietary” or some similar designation. Information communicated orally will be considered Confidential Information, if such information is confirmed in writing as being Confidential Information within a reasonable time after the initial disclosure. Confidential Information may also include information disclosed to a disclosing party by third parties. Confidential Information will not, however, include any information which:

(i) Was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party;

(ii) Becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party;

(iii) Is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records immediately prior to the time of disclosure;

(iv) Is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; or

(v) Is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession.

I.2 “Documentation” means any user instructions, manuals and/or on-line help files regarding the use of the Software that are generally provided by CLOUDCOVER in connection with the Software.

I.3 “Effective Date” means the date a VAR/VAD B1 Order, Statement of Work, or similar document into which this Agreement as incorporated becomes effective as executed by the VAR’s End-User or upon another date agreed upon by the VAR/VAD End-User and/or the VAR/VAD B1 End-User.

I.4        “End-User” or “User” means those customers of the VAR/VAD, as may be further defined or restricted in the VAR/VAD B1 Order.

I.5 “License Fee” means the price paid for the Software License specified in the VAR/VAD B1 Order.

I.6 “License Term” means the term of the license as described in the VAR/VAD B1 Order.

I.7 “Maintenance and Support” means the services described in Section V.1(c).

I.8 “Maintenance Fees” are applicable fees for Maintenance and Support set out in VAR/VAD B1 Order.

I.9 “Professional Services” means the professional services set out in the VAR/VAD B1 Order.

I.10 “Service Fees” means the fees, including the Maintenance Fees set out in the VAR/VAD B1 Order in respect of the provision of any of the Services.

I.11 “Services” means the Maintenance and Support, Training Services, and Professional Services.

I.12 “Software” means the computer software programs specified in the VAR/VAD B1 Order.

I.13 “Statement of Work” means the statement of work in respect of Professional Services, described in the VAR/VAD B1 Order or entered into from time to time.

I.14 “Training Services” means the training services set out in the VAR/VAD B1 Order.

I.15 “Update” means a release or version of the B1 Software containing functional enhancements, extensions, error corrections or fixes that are generally made available free of charge to End-Users that have contracted for Maintenance and Support.

II. GRANT OF LICENSE

II.1 Grant. Subject to the terms and conditions of this Agreement, including, without limitation, the restrictions in Article III, CLOUDCOVER hereby grants to End-User a nonexclusive, non-sub-licensable and nontransferable (subject to Section X.1) license during the License Term to (a) use the Software for its own internal information processing services and computing needs, and (b) use the Documentation in connection with the licensed use of the Software. End-Users acknowledges that CLOUDCOVER will retain title to the Software and Documentation. CLOUDCOVER, hereby reserves all rights in and to the Software, Documentation, or any copyrights, patents, or trademarks, embodied or used in connection therewith, except for the rights expressly granted herein.

II.2 Delivery. CLOUDCOVER shall issue to End-User one machine-readable copy of the Software along with one copy of the appropriate Documentation. CLOUDCOVER shall provide End-User with additional copies of the Documentation at the VAR/VAD B1 Contract’s then-current charges. End-User acknowledges that no copy of the source code of the Software will be provided to End-User. CLOUDCOVER shall have no obligation to deliver any source code hereunder.

II.3 Copies. End-User may make a reasonable number of machine-readable copies of the Software for backup or archival purposes and a reasonable number of copies of the Documentation in the VAR/VAD B1 Order to exercise the license in II.1. End-User shall not copy the Software, except as permitted by this Agreement. End-User shall maintain accurate and up-to-date records of the number and location of all copies of the Software and inform CLOUDCOVER in writing of such location. All copies of the Software will be subject to all terms and conditions of this Agreement. Whenever End-User is permitted to copy or reproduce all or any part of the Software and/or Documentation, End-User shall reproduce and not efface any and all titles, trademark symbols, copyright symbols and legends, and other proprietary markings on the Software and/or Documentation.

III. LICENSE RESTRICTIONS

III.1 Types of Licenses. End-User shall abide by the restrictions indicated on the VAR/VAD B1 Order.

(a) Development License. If a “Development License” is indicated on the VAR/VAD B1 Order, End-User may use the Software and Documentation for developing, testing and debugging using the Software capabilities and for obtaining interoperability between the Software and Customer’s own applications, solely for its own development purposes during the License Term (subject to termination of this Agreement), not on behalf of any other entity or affiliate, under the restrictions of use indicated on the VAR/VAD B1 Order, and notwithstanding the terms of II.1, never for production or “run-time” use purposes.

(b) Staging License. If a “Staging License” is indicated on the VAR/VAD B1 Order, End-User may use the Software and Documentation solely for testing the Software in an environment as similar to the production environment as possible and to simulate the run-time behavior of the Software under similar conditions than in current operation when satisfying its own computing, during the License Term (subject to termination of this Agreement), and not on behalf of any other entity or affiliate, under the restrictions of use indicated on the VAR/VAD B1 Order, and notwithstanding the terms of II.1, never for production or “run-time” use purposes.

(c) Production License. If a “Production License” is indicated on the VAR/VAD B1 Order, End-User may use the Software and Documentation solely for its own security needs during the License Term (subject to termination of this Agreement), and not on behalf of any other entity or affiliate, under the restrictions of use indicated on the VAR/VAD B1 Order.

(d) Hot Backup License. If a “Hot Backup License” is indicated on the VAR/VAD B1 Order, End-User may use the Software and Documentation solely in combination with a Production License for maintaining a ready to use copy of the Software already installed in the production environment to enter automatically into production when the Production License stops working, during the License Term (subject to termination of this Agreement), and not on behalf of any other entity or affiliate, under the restrictions of use indicated on the VAR/VAD B1 Order, and notwithstanding the terms of II.1, never for production or “run-time” use purposes.

(e) Cold Backup License. If a “Cold Backup License” is indicated on the VAR/VAD B1 Order, End-User may use the Software and Documentation solely in combination with a Production License for maintaining a ready to use copy of the Software already installed on a server used as an offline (“cold”) backup, to help End-User recover in case of a catastrophic event, during the License Term (subject to termination of this Agreement), and not on behalf of any other entity or affiliate, under the restrictions of use indicated on the VAR/VAD B1 Order, and notwithstanding the terms of II.1, never for production or “run-time” use purposes.

(f) Personal Developer License. If a “Personal Developer License” is indicated on the VAR/VAD B1 Order, End-User may use the Software and Documentation installed on a server (or cloud VM) for developing, testing and debugging using the Software capabilities and for obtaining interoperability between the Software and End-User’s own applications, solely for its own development purposes before deploying the development on a Development server during the License Term (subject to termination of this Agreement), not on behalf of any other entity or affiliate, under the restrictions of use indicated on the B1 Order, and notwithstanding the terms of II.1, never for production or “run-time” use purposes.

(g) Client Access License. If a “Client Access License” is indicated on the VAR/VAD B1 Order, End-User may use the Software and Documentation only for (1) security orchestration automation response (“SOAR”) development and (2) to remotely connect in “client mode” to a CLOUDCOVER server for (i) data sources connectivity configuration, (ii) CLOUDCOVER server administration tasks, (iii) remote development of data models, and (iv) web wrapper deployments. This license does not allow the direct execution of any CLOUDCOVER server and has to be used in conjunction with a CLOUDCOVER Production, Development or Staging Server License.

(h) Evaluation License. If an “Evaluation License” is indicated on the VAR/VAD B1 Order, End-User may use the Software and Documentation solely for evaluation and demonstration of the Software in an environment as similar to the production environment as possible and to simulate the run-time behavior of the Software under similar conditions than in current operation when satisfying its own security, during the License Term (subject to termination of this Agreement), and not on behalf of any other entity or affiliate, under the restrictions of use indicated on VAR/VAD B1 Order, and notwithstanding the terms of 2.1, never for production or “run-time” use purposes.

III.2 Term of Licenses. End-User shall abide by the following temporal restrictions, as indicated on the VAR/VAD B1 Order.

(a) Perpetual License. If a “Perpetual License” is indicated on the VAR/VAD B1 Order, End-User may use the Software for a perpetual term (subject to termination of this Agreement).

(b) Subscription License. If a “Subscription License” is indicated on the VAR/VAD B1 Order, End-User may use the Software for the License Term indicated on the VAR/VAD B1 Order commencing on the Effective Date (subject to termination in this Agreement).

III.3 Additional Restrictions. End-User shall abide by any other restriction indicated on the VAR/VAD B1 Order, and shall not itself, or through any parent, subsidiary, affiliate, agent or other third party: (a) sell, lease, license or sublicense the Software or the Documentation; (b) decompile, disassemble, or reverse engineer the Software, in whole or in part (except as permitted under applicable law); (c) allow access to the Software by any person, affiliate or entity that is not a User; (d) write or develop any derivative software or any other software program based upon the Software or any Confidential Information (except the extent that such restriction is not permitted under applicable law); (e) use the Software on a “managed service provider” or “security-as-a-service” basis; or (f) provide, disclose, divulge or make available to, or permit use of the Software by any third party without CLOUDCOVER’s prior written consent.

III.4 Audit. Upon the prior written notice by CLOUDCOVER, End-User shall make available to CLOUDCOVER, and CLOUDCOVER or independent third party auditors mutually agreed upon by the parties shall have the right on reasonable notice and no often than once a year to inspect and audit the End-User’s relevant books, records, premises and equipment to determine whether End-User is in compliance with its obligations hereunder. Any such audit is contingent upon adherence to any security measures End-User deems appropriate, including any requirements for personnel to be cleared prior to accessing sensitive facilities. If End-User’s security requirements are not met upon CLOUDCOVER’s request, End-User will run a self-assessment with tools provided at the direction of CLOUDCOVER (“Self-Assessment”) to verify End-User’s compliance with the terms and conditions of this Agreement.

IV. SERVICES

IV.1 Maintenance Duties. CLOUDCOVER shall provide Maintenance Support as specified in Section V in accordance with Exhibit A, as may be updated by CLOUDCOVER from time to time (“Support Site”).

(a) Term and Termination. CLOUDCOVER’s Maintenance and Support obligations will commence on the Effective Date and will continue for an initial term of one year.

(b) Renewal Fees. The Maintenance and Support Services fee shall be, for the Initial Term, the Maintenance and Support fees specified in B1 Order. If End-User elects not to renew Maintenance and Support, End-User may re-enroll only upon payment of the annual Maintenance Fee for the coming year and all Maintenance Fees that would have been paid had End-User not terminated Maintenance and Support.

(c) Maintenance and Support Services. Maintenance and Support means that CLOUDCOVER will provide updates, if any, and appropriate Documentation; and telephone and email assistance with respect to the Software, including:

(i) Clarification of functions and features of the Software;

(ii) Clarification of Documentation pertaining to the Software;

(iii) Guidance in the operation of the Software; and

(iv) Error verification, analysis and correction to the extent possible by telephone. CLOUDCOVER’s standard hours of service are set forth in the Support Site.

(d) Eligibility of Software. Maintenance and Support will not include services requested as a result of, or with respect to, the following, and any services requested as a result thereof will be billed to End-User at CLOUDCOVER’s then-current rates:

(i) Accident; unusual physical, electrical or electromagnetic stress; neglect; misuse; failure of electric power, air conditioning or humidity control; failure of rotation media not furnished by CLOUDCOVER; operation of the Software with other media not meeting or not maintained in accordance with the manufacturer’s specifications; or causes other than ordinary use;

(ii) Improper installation by End-User or use of the Software that deviates from any operating procedures established by CLOUDCOVER in the applicable Documentation;

(iii) Modification, alteration or addition or attempted modification, alteration or addition of the Software undertaken by persons other than CLOUDCOVER or CLOUDCOVER’s authorized representatives; or

(iv) Software or technology of any party other than CLOUDCOVER.

(f) Responsibilities of End-User. End-User’s obligations are subject to the following:

(i) At CLOUDCOVER’s reasonable request, and subject to applicable operational and security restrictions, End-User shall provide CLOUDCOVER or an authorized value-add reseller (“VAR”) access to End-User’s personnel and equipment during normal business hours.

(ii) End-User shall document and promptly report all errors or malfunctions of the Software to CLOUDCOVER. End-User shall take all steps necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from CLOUDCOVER.

(iii) End-User shall maintain a current backup copy of all programs and data.

(iv) End-User shall properly train its personnel in the use and application of the Software and the equipment on which it is used.

(v) End-User shall promptly install any and all updates and upgrades provided by CLOUDCOVER, and CLOUDCOVER shall have no obligation to provide support under this Agreement in the event that End-User has not installed the updates and upgrades and is operating an old version of the Software.

IV.2 Training Services. In the event that any Training Services are purchased, subject to the payment of the applicable fees, CLOUDCOVER shall provide the training described in the VAR/VAD’s B1 Order.

IV.3 Professional Services. In the event that any Professional Services are purchased, subject to the payment of the applicable fees, CLOUDCOVER shall provide the Professional Services described in the VAR/VAD B1 Order or accompanying Statement of Work.

V. LIMITED WARRANTY and LIMITATION of LIABILITY

V.1 Performance. CLOUDCOVER warrants that the Software will perform in substantial accordance with the Documentation for a period of thirty days after the Effective Date. If during this time period the Software does not perform as warranted, CLOUDCOVER shall, at its option, correct the Software or, replace such Software free of charge. In addition, CLOUDCOVER warrants that the media on which the Software is distributed will be free from defects in materials and workmanship under normal use for a period of 90 days from the Effective Date. CLOUDCOVER shall replace any defective media returned to CLOUDCOVER within the 90-day period. The foregoing are Customer’s sole and exclusive remedies for breach of warranty.

The foregoing are Customer’s sole and exclusive remedies for breach of warranty. The warranty set forth above is made to and for the benefit of Customer only. The warranty will apply only if:

(a) The Software has been properly installed and used at all times and in accordance with the instructions for use; and

(b) No modification, alteration or addition has been made to the Software by persons other than CLOUDCOVER or CLOUDCOVER’s authorized representative.

V.2 Disclaimer. Except as set forth above, CLOUDCOVER makes no warranties, whether express, implied, or statutory regarding or relating to the Software or the Documentation, or any materials or Services furnished or provided to End-User under this Agreement, including Maintenance and Support. CLOUDCOVER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE, DOCUMENTATION AND OTHER MATERIALS AND SERVICES PROVIDED HEREUNDER, AND WITH RESPECT TO THE USE OF ANY OF THE FOREGOING.

V.3 Limitation of Liability. IN NO EVENT WILL CLOUDCOVER BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE SOFTWARE, DOCUMENTA- TION AND OTHER MATERIALS AND SERVICES PROVIDED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF CLOUDCOVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF SECTIONS II, III or VIII, IN NO EVENT SHALL LIABILITY UNDER THIS AGREEMENT FOR DAMAGES EXCEED THE FEES PAID BY CUSTOMER TO CLOUDCOVER UNDER THIS AGREEMENT. The provisions of this Section VI allocate risks under this Agreement between End-Userand CLOUDCOVER. CLOUDCOVER’s pricing of the Software and Documentation reflects this allocation of risks and limitation of liability.

VI. INDEMNIFICATION FOR INFRINGEMENT

VI.1 Indemnity. To the extent permitted by 28 U.S.C. § 516, CLOUDCOVER shall, at its expense, defend or settle any claim, action or allegation brought against Customer that the Software infringes any copyright or trade secret of any third party and shall pay any final judgments awarded or settlements entered into; provided that Customer gives prompt written notice to CLOUDCOVER of any such claim, action or allegation of infringement and gives CLOUDCOVER the authority to proceed as contemplated herein. Customer shall give such assistance and information as CLOUDCOVER may reasonably require to, settle or oppose such claims.

VI.2      Options. In the event any such infringement, claim, action or allegation is brought or threatened, CLOUDCOVER may, at its sole option and expense, procure for Customer the right to continue use of Software or infringing part thereof; or modify or amend the Software or infringing part thereof, or replace the Software or infringing part thereof with other software having substantially the same or better capabilities; or, if neither of the foregoing is commercially practicable, terminate this Agreement and repay to Customer a portion, if any, of the License Fee equal to the amount paid by Customer less 1/36 thereof for each month or portion thereof that this Agreement has been in effect. CLOUDCOVER and Customer will then be released from any further obligation to the other under this Agreement, except for the obligations of indemnification provided for above and such other obligations that survive termination.

VI.3 Exclusions. The foregoing obligations will not apply to the extent the infringement arises as a result of modifications to the Software made by any party other than CLOUDCOVER or an authorized representative of CLOUDCOVER.

VI.4 Limitation. THIS ARTICLE VII STATES THE ENTIRE LIABILITY OF CLOUDCOVER WITH RESPECT TO INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHT.

VII. CONFIDENTIAL INFORMATION

VII.1 Non-Use and Non-Disclosure. Each party agrees not to use any Confidential Information of the other party for any purpose except to exercise its rights and perform its obligations under this Agreement. Each party agrees not to disclose any Confidential Information of the other party to third parties or to such party’s employees, except to those employees of the receiving party with a need to know. Each party agrees that it shall take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information of the other party. Without limiting the foregoing, each party shall take at least those measures that it takes to protect its own most highly confidential information and shall ensure that its employees who have access to Confidential Information of the other party have signed a non-use and non-disclosure agreement in content similar to the provisions hereof, prior to any disclosure of Confidential Information to such employees. Notwithstanding the foregoing, a receiving party may disclose such Confidential Information to the extent it is required by law to be disclosed by the receiving party, including in accordance with the Freedom of Information Act, 5 USC § 552 et seq., provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure. Confidential Information of CLOUDCOVER will include without limitation the Documentation and Software.

VII.2 Copies. Neither party shall make any copies of the Confidential Information of the other party unless the same are previously approved in writing by the other party. Each party shall reproduce the other party’s proprietary rights notices on any such approved copies, in the same manner in which such notices were set forth in or on the original.

VII.3 Return of Materials. Upon the termination of this Agreement, each party shall deliver to the other party all of such other party’s Confidential Information that such party may have in its possession or control.

VIII. TERM and TERMINATION

VIII.1 Term. This Agreement will take effect on the Effective Date and will remain in force until terminated in accordance with this Agreement.

VIII.2 Reserved.

VIII.3 Termination Events. Termination of this agreement shall be governed by GSAR 552.212-4. If any Termination Event occurs, termination will become effective immediately or on the date set forth in the written notice of termination. Termination of this Agreement will not affect the provisions regarding End-User’s or CLOUDCOVER’s treatment of Confidential Information, provisions relating to the payment of amounts due, or provisions limiting or disclaiming CLOUDCOVER’s liability, which provisions will survive termination of this Agreement.

VIII.4 No later than thirty (30) days after the date of termination or discontinuance of this Agreement for any reason whatsoever, End-User shall return the Software and all copies, in whole or in part, all Documentation relating thereto, and any other Confidential Information in its possession that is in tangible form. End-User shall furnish CLOUDCOVER with a certificate signed by an authorized representative of End-User verifying that the same has been done.

IX. MISCELLANEOUS

IX.1 Reserved.

IX.2 Notices. Any notice required or permitted under the terms of this Agreement or required by law must be in writing and must be (a) delivered in person, (b) sent by first class registered mail, or air mail, as appropriate, or (c) sent by overnight air courier, in each case properly posted and fully prepaid to the appropriate address set forth in the VAR/VAD B1 Order. Either party may change its address for notice by notice to the other party given in accordance with this Section. Notices will be considered to have been given at the time of actual delivery in person, 3 business days after deposit in the mail as set forth above, or one day after delivery to an overnight air courier service.

IX.3 Reserved.

IX.4 No Warranties. No employee, agent, representative or affiliate of CLOUDCOVER has authority to bind CLOUDCOVER to any oral representations or warranty concerning the Software. Any written representation or warranty not expressly contained in this Agreement will not be enforceable.

IX.5 Waiver. Any waiver of the provisions of this Agreement or of a party’s rights or remedies under this Agreement must be in writing to be effective. Failure, neglect, or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time, will not be construed and will not be deemed to be a waiver of such party’s rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice such party’s right to take subsequent action. No exercise or enforcement by either party of any right or remedy under this Agreement will preclude the enforcement by such party of any other right or remedy under this Agreement or that such party is entitled by law to enforce.

IX.6 Severability. If any term, condition, or provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, such invalid term, condition or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law.
IX.7 Integration and Entire Agreement.

This Agreement (including the VAR/VAD B1 Order and any Statement of Work) contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes and extinguishes all previous communications, drafts, arrangements, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.

(a) In the event of a conflict between a VAR/VAD B1 Order, a Statement of Work and this Agreement, the conflict shall be resolved in accordance with GSAR 552.212-4(s) B1 Order of Precedence.

(b) This Agreement may not be amended, except in writing signed by the VAR/VAD Contracting Officer and the VAR/VAD B1 Contractor.

IX.8 Export. End-User may not export or re-export the Software without the prior written consent of CLOUDCOVER and without the appropriate United States and foreign government licenses.

IX.9 Governing Law. This Agreement will be interpreted and construed in accordance with the federal laws of the United States of America.

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SCHEDULE A: MAINTENANCE & SUPPORT SERVICE GUIDE

CLOUDCOVER is committed to helping you to be cyber safe and secure with the CLOUDCOVER B1 Platform through our value-add reseller network of technical support and distributor services. This Guide provides an overview of the features and benefits of Maintenance and End-User Support, and clearly outlines how to reach CLOUDCOVER, or CLOUDCOVER’s Value-Add Reseller (“VAR”) and/or the CLOUDCOVER Value-Add Distributor (“VAD”) whenever you need.

1. INTRODUCTION

CLOUDCOVER is committed to helping you to be cyber safe and secure. This Guide provides End-Users contact information as it relates to CLOUDCOVER’s Support Operations and open a service order request (“Service Request”) or to follow up on an existing Service Request by email, via web, or by telephone.

2. SUPPORT LEVEL

This chapter describes the CLOUDCOVER License Maintenance and Support Service Level Agreements. There are three (3) CLOUDCOVER Support Levels:

  • BASIC SUPPORT: Designed for Evaluation, Proof of Concept Licenses and Development Teams by customers or partners, focused on improving developer productivity and/or reducing their security exposure.
  • STANDARD SUPPORT: Designed for Subscription or Perpetual Licenses in production environments.
  • PREMIUM SUPPORT: Standard Support + 24×7 global cover, fast response, extended version support.
  • Service Request: 24×7 local and international Support Center telephones for Severity 1
  • Service Support Email:  support@cloudcover.net
  • For information: CLOUDCOVER B1 Support, please visit https://cloudcover.cc/?page_id=4041

2.1       Severity Levels

When the End-User opens a new Service Request, he/she will be asked for the Severity Level. There are four (4) Severity Levels:

Severity 1, Emergency. This is a production problem which impacts the production system, so production systems are down or not functioning, and no workaround exists.

Severity 2, High. This is a problem where the production systems are functioning but in a severely reduced capacity. The system is exposed to potential loss or interruption of service and no workaround exists.

Severity 3, Medium. This is a problem which involves partial non-critical functionality loss and allows continuing to function.

Severity 4, Low. This is for questions, document and functional clarification, or recommendations for a future product enhancement or modification.

CLOUDCOVER Support will evaluate the Service Request together with the End-User, after evaluating, the Support Team may determine to change the severity of the case based on the impact that the problem has on the use of the Software.

2.2       Business Support Hours

End-Users may contact the local CLOUDCOVER VAR/VAD Support Center to open a new Service Request or to follow up on an existing Service Request by telephone, email, or via web.

Service Request can be submitted online 24×7 through the CLOUDCOVER Support Help Desk Link (https://cloudcover.cc/?page_id=4041) or during local business hours through support@cloudcover.net

Telephone support is available per region or country (where available). End-Users can access their local VAR/VAD Support Center phone number after logging into the Support Site. End-Users will be required to provide a CLOUDCOVER License Code for validation of their support service. For submitting Service Requests by phone, time scheduling is available in the Support Site.

2.3       Support B1 ACK

After a Service Request is received via any channel, it is acknowledged (ACK) with an email message which includes the unique Service Request code to the authorized End-User contact.

2.4       General Information Needed to Open a “B1 Order” End-User Support Ticket

  • B1 End-User: Contract Number, Contact Person, Contact Phone, Contact Email
  • B1 Problem: Error description details, When, did the issue begin? Happen before?
  • B1 Severity Level: 1) Critical — 2) High — 3) Medium — 4) Minor
  • B1 Version: (B1/OS, UI, etc.)

B1/OS Version:  v3.3.10.0 – 693.5.2

Serial Number:  ac:1f:6b:14:07:54

2.5       Priority Levels

When the End-User opens a new Service Request, he/she will be asked for the Priority Level. There are three (3) Priority Levels:

Priority 1, High. This issue is business critical and requires the earliest attention. The repair of this issue should commence immediately before other End-User issues.

Priority 2, Medium. This issue results in a moderate impact on business operations. It should be resolved in the normal course of support activities.

Priority 3, Low. This issue has no impact on business operations. The repair can be deferred until more serious issues have been resolved.

2.6.  Understanding Service Request Status Codes

CLOUDCOVER uses several status codes to indicate the current status of the Service Request logged in the CLOUDCOVER Support Site.

However, these status codes are not static to CLOUDCOVER, but are pointing to the VAR’s End-User Service Request “Support Ticket” and it is recommended to check with your VAR and communicate with them to address your specific Service Request support ticket status moving and get an answer more quickly.

The most common B1 status codes are:

New: The Service Request is submitted, is waiting for an initial action and is not yet assigned to a Support Specialist.

Assigned – In Progress: The case has been assigned to a Support Specialist and investigation into the issue is beginning.

Waiting for End-User Action: The Support Specialist is awaiting an action by the End-User contact in order to proceed with the next step in resolving his/her case. This usually means the Support Staff needs the End-User to collect additional information or try something or has more questions for him/her.

Software Update – In Progress: A product defect, or bug, has been submitted as a result of this case and the Support Specialist has provided the End-User with a workaround.

Solution Offered: A solution has been provided for the case. However, the Support Specialist is awaiting final confirmation of the solution from the End-User before fully closing the case.

Closed. A solution has been provided for the case and the case has been closed.

Close – Initiated: The Support Specialist did not receive the requested information or action from the End-User. The Support Specialist will attempt to contact the End-User three times over a one-month period.

Closed – No Response from End-User: The Support Specialist researched the case and requested additional details from End-User. End-User cannot be reached; no response after repeated attempts.

Closed – Dismissed: The Service Request has been marked as an invalid case by a Support Specialist. The reason for the invalid status will be referenced in the response mail.

Please, help CLOUDCOVER help you by monitoring your VAR Service Request Support Ticket, because we want you to get your CLOUDCOVER B1 answers, as quickly as possible.

3. B1 SOFTWARE COMPONENT MODULE MAINTENANCE

This chapter describes the CLOUDCOVER B1 Platform Software Maintenance Service included in the Maintenance and Support Services contract.

3.1       B1 Service Support Site

The B1 Support Site is available at: https://cloudcover.cc/?page_id=4041 The aim of the Support Site is to provide downstream VAR partners and their customers access to the B1 Platform Software Help Desk, as well as allowing the registration of their CLOUDCOVER B1 VAR Service Request Support Ticket.

3.2       B1 Software Updates

CLOUDCOVER publishes software updates on a constant basis as part of the Software Maintenance License. Users are notified of these software updates via the Support Site where they are available for downloading with just a click. CLOUDCOVER currently averages a major release every 2 to 3 years and averages 2 to 3 software updates in between two major releases. End-Users current on standard or premium support are eligible to receive all software update(s) in order to obtain license upgrades for a new release, the End-User must go to the CLOUDCOVER Support Site and complete the Service Request form(s).

3.3.       B1 Software Component Modules

  • B1/OS is the AI-AWARE core software functioning as the B1 router module for all network interaction.
  • IDS/IDP is AI/ML B1/XDR module functioning automatically performing security at sub-second speed.
  • SSL/VPN is secure socket layer virtual private networking for secure remote access.
  • Advance Risk Analytics / Risk Score module enables risk model and diagnostics.
  • Firewall VPN module functions as a firewall and VPN concentrator.
  • Anti-Virus / Anti-Spam module detects/stops malicious traffic that replicates in email messages.
  • Web Content Filter module inspects URL sites for objectionable content including phishing malware.
  • Web Application Firewall module filters, monitors, blocks bad HTTP/HTTPS traffic.

3.3       Supported B1 Platform Releases

CLOUDCOVER B1 Platform Maintenance and Support Services provides active maintenance and support on two software releases: the latest software release and the previous software release (major). Premium Support customers also receive extended maintenance and support on earlier releases.

CLOUDCOVER B1 Platform v v3.3.9.9 Aug 2019 (AWS Marketplace)

CLOUDCOVER B1 Platform v v3.3.10.0 Dec 2019 (Azure Cloud + Kirbana)

CLOUDCOVER B1 Platform v v4.0.0 July 2020 (enhanced SOC dashboard)

These dates are provisional, based on the plan to release a major version of the CLOUDCOVER B1 Platform approximately every 8 months. CLOUDCOVER will not generate software updates for older software releases than those referenced above.

3.4       Support Terms

Support Period:  Support is effective upon the effective date of your ordering document unless stated otherwise in your relevant ordering document. Unless otherwise stated in the ordering document, CLOUDCOVER support terms, including pricing, reflect a 12-month support period (the “support period”). CLOUDCOVER is not obligated to provide support beyond the end of the support period.

Technical Contacts:  Technical Contacts are the sole liaisons between the End-User and CLOUDCOVER for Technical Support. There are two different types:

  • Primary Technical Contacts are responsible for (i) overseeing the End-User Service Request activity, and (ii) developing and deploying troubleshooting processes within the End-User organization.
  • Backup Technical Contacts are responsible for resolving user issues.

Matching Service Levels: When acquiring support, all licenses must be supported under the same CLOUDCOVER support service level.

4. GLOSSARY

Active Maintenance Product development staff is continually delivering updates which add fixes and enhancements for a specific version.

Beta Update — Means an advance version of an update. It is only intended for testing purposes and must not be used in production environments.

Business Hours — Normal hours of operation in the End-User’s local zone, excluding local holidays.

Case Record — created in submitting technical questions or issues.

Defect — The supported software is not functioning according to the documentation.

CLOUDCOVER XDR Modules are the collection of software module components that expand the detection capabilities of the CLOUDCOVER B1 Platform.

Fix — A permanent solution to a Support Request that is included in a software update.

B1- Fix — are temporary solutions to address a specific End-User Support Request and must not be distributed outside the End-User organization.

B1 License Code — Unique Identifier for the software license key.

Intellectual Property (“IP”) — The following disclosing terms such as “CLOUDCOVER”, “us” “our” and “Company” refer to CloudCover USA, Inc. (“CloudCover USA”) including the parent CloudCover, Ltd., which is a Minnesota corporation and act independently. CloudCover USA represents an independent entity that possess patents (both issued and pending) whereby the affiliate CloudCover IP, LLC possess the exclusive registered trademark rights “CloudCover”. CloudCover is registered ® indicates exclusive registration in the USA, UK, Australia, Bermuda, Canada and Asia Pacific region whereby the trademark and patents are exclusive to CloudCover affiliates and subsidiaries only. CloudCover brand product names, service marks and/or trademarks of the respective companies such as the “B1” platform, products, services and symbols possess all worldwide trademark rights exclusive to CloudCover and affiliates. © CloudCover copyright (“CLOUDCOVER” and/ “cloudcover”) are registered ® trademark(s) worldwide. All rights reserved.

Major Release — New version of software that may not retain backward compatibility features.

Passive Maintenance — Product development staff will only release updates on-demand.

Priority Measure — of the importance to solve a Defect irrespective of the impact that the Defect has on the use of the Software, as determined by the End-User.

Resolution — A resolution in the case of a software defect could be a future software update. If the Service Request does not involve an error, End-User may agree the Service Request has been resolved.

Service Request — Status Code Indicates the current status of the Service Request logged in the CLOUDCOVER Support Site. Also, Help Desk request by the end-user to address a B1 functional issue.

Severity — Measure of the relative impact a Defect has on the use of the Software, as determined by the End-User and CLOUDCOVER.

Software Update — New version of the software enhancing functionality, backwards compatible within the major release. It can contain functional enhancements, extensions and error corrections or fixes.

Support Account Manager (SAM) — A designated CLOUDCOVER technical contact who works collaboratively with your team and has knowledge of your technical environment. SAM will help you get the most out of CLOUDCOVER Support and will engage the best resources to resolve any issue you may have.

Update — Release of new software containing functional enhancements, extensions, error corrections or fixes.

Workaround — A solution to a Service Request that may be replaced with a permanent solution included in a software update.

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SCHEDULE B: B1 SOFTWARE COMPONENT MODULES

B1/OS is the AI AWARE Module that functions as a router for network connection and delivery.

B1 Advance Analytics + Risk Score module enables risk modeling and diagnostics.

B1 Firewall VPN module functions as a firewall and VPN concentrator.

B1 IDS/IDP is the Intelligent Threat Management  module that functions as automated security performing at sub-second.

B1 Anti-Virus / Anti-Spam module detects and stops malicious traffic that replicates itself in unsolicited email messages.

B1 Web Content Filter module inspects URL sites for objectionable and potential harmful content including phishing malware.

B1 Web Application Firewall module filters, monitors, blocks bad HTTP/HTTPS traffic.

B1 SSL/VPN module is secure socket layer virtual private networking for secure remote access.

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Parties hereto have executed this Agreement as of the Effective Date upon Acceptance of EULA Terms.

 If you have questions regarding this EULA Policy please contact: support@cloudcover.net

CloudCover
Policy Program Office
14000 Sunfish Lake Blvd NW, Suite 204
Ramsey, MN 55303

Phone: +1 ‭(763) 230-1032
Fax: +1 (877) 532-0390
E-mail: sales@cloudcover.net

 

For General Inquiries:
If you have questions regarding our EULA Service Level Agreement policy, or your use of our software, please contact: support@cloudcover.net