Technical Support for Lyve Cloud Services and Lyve Cloud Archive Services Only

1.

Definitions.

1.1.

Incident” means an unplanned interruption or reduction in service quality of the Services.

1.2.

Support Interface” means the Seagate support interface made available to Company by Seagate, which may include some or all of the following: a knowledge base, on-line case tracking, frequently asked questions, a download page for Updates and Upgrades, and Documentation.

1.3.

Updates and Upgrades” means subsequently released versions of the Services. Updates and Upgrades do not include any products that Seagate licenses separately from the Services or for an additional fee to any of Seagate’s customers.

1.4.

Workaround” means a modification or patch for a particular version of the Services, or instruction to Company, which may be of a temporary or interim nature, and which avoids, corrects, or circumvents issues that impact service quality. Any Workaround will be supported by Seagate until a resolution is in effect.

2.

Maintenance and Support. In consideration of payment of the applicable fees, Seagate shall provide Maintenance and Technical Support as further described herein.

3.

Maintenance. Seagate shall use reasonable efforts to maintain the Services so that they operate at the predetermined service quality levels (“Maintenance”).

4.

Technical Support

4.1.

Eligibility. The Technical Support (defined below) is for Company. Other Users are not eligible
for any support under this Agreement.

Support. Subject to this section 4.1, Seagate shall provide the support as described herein to assist in Company’s use of the Services and resolve Incidents in the Services (“Technical Support”). Technical Support is available globally on a 24x7x365 basis through the Support Interface.

4.2.

Services RestorationFor Incidents initiated by Company, Seagate shall log, track, and use reasonable, professional, and workmanlike efforts to restore the Services to the agreed upon service quality.

4.3.

Acknowledgement. Seagate agrees to use reasonable efforts to acknowledge Incidents and provide Workarounds reported to Seagate by Company through the Support Interface. Seagate shall send acknowledgements to Company via email or through the Support Interface. For any Severity 1 Incident, acknowledgements will not be satisfied by an automatically generated acknowledgement only.

4.4.

Incident Severity Levels, Response Times, and Restoration. Once Company has reported an Incident to Seagate, Seagate shall respond to the Incident, and/or restore the service within the timeframes in the table below.

Severity Level

Business Impact

Description

Definition

Escalation

Response Time

Follow-Up Time

Restore Time

Severity 1

Very Serious

Production system down

Company business operations halted and Users are unable to complete daily operations

Seagate immediately notifies company support management

Immediate or within 30 minutes

1 hour

Seagate shall use reasonable efforts to provide a Workaround within 8 hours

Severity 2

Critical

Severe functionality loss

Company cannot perform key business functions

Seagate immediately notifies company support management

Immediate, or within 30 minutes

4 hours

Seagate shall use reasonable efforts to provide a Workaround within 24 hours

Severity 3

Important

Limited functionality

Issue impacts minor business operations

Next scheduled patch release or acceptable Workaround

12 hours

24 hours

Use reasonable efforts to include with next scheduled patch release or acceptable Workaround

Severity 4

Minor

Non-server, frequently asked questions or Documentation issue

Issue has minimal impact on business operations

Next scheduled patch release or acceptable Workaround

24 hours

1 week

Use reasonable efforts to include with next scheduled patch release or acceptable Workaround