The Lockdown SubscriptionServices shall be governed by the terms of the Agreement, this Appendix 1, and each Order entered into by Customer and MindPoint Group with respect to theLockdown Enterprise Subscription Services.
MindPoint Group reserves the right to revise this Appendix 1 from time to time. The changes will not be retroactive, and the most current version of the Agreement will govern the relationship with the Customer. MindPoint Group shall use commercially reasonable efforts to provide thirty (30) days prior written notice (delivered electronically or otherwise) of any material changes to the terms and conditions of this Appendix 1.
MindPoint Group’sLockdown Software consists of MindPoint Group’s proprietary automation content for Ansible consisting of Lockdown Playbooks, Lockdown Roles, Lockdown Plugins, and/or additional variables files (collectively, the “Lockdown Software”). For clarification, the Lockdown Software is separate and distinct from, and is not a derivative of Ansible, Ansible Tower, or any other offerings from Red Hat,Inc. or IBM, Inc. The Lockdown Software is separate (non-embedded) downloadable content intended to be executed via Ansible software that is provided by Customer, not MindPoint Group.
The Ansible Lockdown Software is available as follows:
a) Ansible Lockdown: Ansible Lockdown means a content-only self support of the Ansible Lockdown open source project. Software Subscriptions offer support to Ansible Lockdown and additional features.
b) Lockdown Support Subscription: The Lockdown Enterprise Subscription Services consist of a bundle of services, which includes maintenance and support services during a subscription term described in an Order. The Lockdown Enterprise Subscription Services include assistance with Ansible Lockdown Software solely to the extent required to execute Ansible Lockdown Roles or Ansible Lockdown Playbooks via currently supported versions of Ansible or Ansible Tower as specified by RedHat, Inc. or IBM, Inc.
i) “Lockdown Enterprise Standard” means a Lockdown Enterprise Support Subscription for one (1)Platform, and one (1) Ansible Control Node.
ii) “Lockdown Enterprise Plus” means a Lockdown Enterprise Support Subscription that provides unlimited access to all currently maintained Lockdown Enterprise content, without restriction on Control Node count or Platforms.
The following capitalized terms used in this Appendix shall have the respective meanings set forth below. Other capitalized terms used but not defined in this Appendix 1 have the meanings ascribed to them in the Agreement.
a. “Ansible” means the Ansible software provided directly by Red Hat, Inc., IBM, Inc., or their affiliates including Ansible Engine and/or Ansible Tower.
b. “Ansible Engine” means the Ansible software provided by Red Hat, Inc., IBM, Inc., or their affiliates consisting of a command-line interface tool that can be used to execute or interpret Ansible playbooks and Ansible roles.
c. “Ansible Tower” means the Ansible software provided by Red Hat, Inc., IBM, Inc., or their affiliates that consists of a graphical user interface to Ansible Engine.
d. “Control Node” means the system that executes or runs the Lockdown Enterprise content. Examples include the Ansible Command Line Interface (“CLI”), Red Hat Ansible Tower, or another similar execution system.
e. “Lockdown Playbooks” means MindPointGroup’s Lockdown content provided in Ansible playbook format.
f. “Lockdown Roles” means MindPoint Group’s Lockdown content provided in Ansible role format.
g. “Lockdown Support Subscription Services” means the Lockdown Software support services made available by MindPoint Group, as more fully described in Section 1.
h. “Lockdown Subscription Term” means the subscription term during which Customer shall have access to the Lockdown SupportSubscription Services, as described in a particular Order and subject to the terms of the Agreement with respect to renewals.
i. “Lockdown Tools” means the deliverables provided by MindPoint Group pursuant to Professional Services provided by MindPoint Group.
j. “Platform” means each uniquely identifiable operating system or application variant for which Ansible Lockdown Software exists or is otherwise used on. The right to use Lockdown Enterprise Support Services is based on the number of unique Platforms being managed by the Customer as specified in an Order.
k. “Professional Services” Is a separate offering from MindPoint Group.
Subject to Customer’s compliance with the terms and conditions of the Agreement (including thisAppendix 1), during the Lockdown Subscription Term (and subject to Customer’s payment of the applicable Fees), MindPoint Group hereby grants to Customer anon-exclusive, non-transferable, non-sublicensable, non-assignable limited right to download and use the Lockdown Software in object code form (as applicable) or as automation source content exclusively for internal business purposes for Customer’s and its approved Affiliates’ own IT configuration management, deployment and orchestration of complex multi-tier workflows.
For Lockdown Enterprise Standard:
The right to support for theAnsible Lockdown Software is based upon the number of unique Control Nodes from which the Lockdown Software is run, unique Platforms being managed by Customer, and Customer shall be responsible for, and pay, for each such Platform being supported on each Control Node. In the event Customer’s usage exceeds the number of Platforms or Control Nodes purchased, Customer shall immediately notify MindPoint Group, and immediately pay the corresponding fees for all additional Platform support (including any fees owed for prior use).
For Lockdown Enterprise Plus:
The right to support for the Ansible Lockdown Software is based upon and licensed for unlimited internal use without restriction on Platform type, or Control Node count.
a. Restrictions. Customer shall not: sublicense, sell, resell, transfer, assign, distribute, share, lease, rent, loan or outsource the Lockdown Enterprise Support Services or use or offer the Lockdown Enterprise Support Services on a timeshare or service bureau basis, or use or offer the Ansible Lockdown Software as an application service provider or managed service provider offering.
b. Customer Responsibilities. Customer covenants and agrees that it shall: (i) perform those tasks and assume those responsibilities required of it by MindPoint Group in order for MindPoint Group to deliver the Lockdown Enterprise Support Services ;and (ii) comply with all Applicable Laws when using the Ansible LockdownSoftware. In addition to the foregoing, during the Subscription Term, Customer shall:
1. Appoint and inform MindPoint Group of one contact person who is sufficiently trained in the use and operation of the Ansible Lockdown Software.
2. Maintain access to all necessary equipment and competence for the handling and operation of the Ansible Lockdown Software.
3. Provide a current and compatible version of Ansible software. A paid subscription from Red Hat, Inc.or IBM, Inc. is not required for services delivery.
4. Maintain and review a current version of the Documentation for reference purposes prior to placing a call for support.
5. Comply with the operational instructions provided by MindPoint Group.
6. Promptly notify MindPoint Group following the discovery of any fault or problem with the Ansible Lockdown Software, and upon MindPoint Group’s request, submit a listing of output and other data that MindPoint Group may reasonably require in order to reproduce the problem and the operating conditions under which the fault occurred.
7. Maintain records regarding the occurrence of faults and if possible, verify that the faults/problems are reproducible.
Customer may permit its Authorized Users to access and use the Lockdown Enterprise Support Services subject to each Authorized User’s acceptance of and compliance with all applicable terms and conditions of the Agreement, including Section 1.7 of the General Terms and Conditions.
Lockdown Enterprise Support Subscription Terms shall initially be valid for the dates identified in the associated Order and in accordance with any related payment schedule. Thereafter, the Lockdown Enterprise Support Subscription Term shall automatically renew for successive, terms the same duration as the original order. Either party may elect not to renew a Lockdown Enterprise Support Subscription by providing written notice to the other party at least fifteen (15) days prior to the end of the then-current term. If a Lockdown Enterprise Support Subscription is terminated or expires, Customer may subsequently reinstate the Lockdown Enterprise Support Subscription upon payment of Fees for the period from date of expiration or termination to date of reinstatement plus an additional reinstatement fee of 10%.
Upon expiration or termination for uncured Customer breach(es), Customer will no longer receive support for Ansible Lockdown Services. Without limiting the foregoing, Customer shall defend, indemnify and hold MindPoint Group harmless from any and all Losses arising from Customer’s continued retention and use of Ansible LockdownSoftware.
The release status of the Ansible Lockdown Software is defined by version, revision and correction. During the term of the Lockdown Enterprise Support Subscription and subject to Customer’s payment of all applicable Fees, MindPoint Group will provide Customer with Upgrades, Updates and Corrections to the Lockdown Software, if and when available.
Customer is fully responsible for installing and deploying all Upgrades, Updates and Corrections, and MindPoint Group makes no representations or warranties with respect to the AnsibleLockdown Software (or non-performance thereof) due to Customer’s failure to deploy any such Upgrades, Updates and Corrections. Additionally, Customer acknowledges and agrees that, from time-to-time, portions of, or functionality included in, the Ansible Lockdown Software may be added to, modified, or deleted by MindPoint Group and that the Ansible Lockdown Software may changeover time. MindPoint Group may (but is not required to) expand or enhance the Ansible Lockdown Software by providing additional features in the general course of MindPoint Group’s standard development model and offering road map. If any features or functionality are at the request or timing of Customer (or Customer requests any consulting or other services) there may be additional cost and the parties shall enter into an Order therefor.
Ansible Lockdown Software does not provide any Support Services. Only Lockdown Enterprise Standard or Lockdown Enterprise Plus subscriptions are entitled to Support Services.
During the Term,MindPoint Group shall support runtime execution of Lockdown Roles inside Ansible environments both from CLI executions and Ansible Tower executions.This includes tracebacks, execution errors inside Ansible, or failures of the role to execute as intended in a Lockdown Playbook run. It may also support errors resulting from task failures against Customer’s environment or LockdownPlaybook failures in general.
While MindPoint Group is knowledgeable with respect to Ansible and security services generally, MindPoint Group makes no representations or warranties with respect to Customer’s particular individualized application/stack. Accordingly, MindPoint Group will not be liable for, and does not provide Lockdown Support Services(as defined below) for, production application breakage from execution of Lockdown Roles. Customer is responsible for its environment’s recovery from security rule application-induced breakage/outage. Additionally, Lockdown Support Services do not include direct support of, or updates to third party software and any support or work related to Customer systems or environments.
Subject to the terms of this Section 9, MindPoint Group support staff will be available during MindPoint Group’s standard business hours Monday through Friday, excluding holidays, to provide Lockdown Support Services. Staff will be available through the MindPoint Group online portal or email initially and may determine to setup a screen share/troubleshooting live session based on evaluation of the issue presented.
Lockdown Enterprise Support Services are provided hereunder for single-issues or errors. Should Customer request support services to address multiple errors or issues, or if frequency of support ticket engagement shows a greater need for support or consultation, MindPoint Group reserves the right at any time to refer ongoing issues to a services engagement determination. In such case, the parties will be required to enter into a separate Order for Professional Services coveringCustomer’s need for more intensive support services. Additionally, issues and questions that are specific to Customer’s operating environment or relate to the operation of customizations, or training and implementation needs are not included in the Lockdown Enterprise Support Subscription but may be purchased for an additional Fee as part of MindPoint Group’s Professional Services. Without limiting the foregoing, Customer acknowledges and agrees that MindPoint Group may require the payment of additional Fees if Customer’s use or need for Lockdown Enterprise Support Services exceeds the levels provided by MindPoint Group via its standard support services.
To ensure Lockdown Roles can execute against Customer environments, upon request, Customer agrees to provide a test environment reflective of their target environments. This can be provided as remote access via VPN or via a virtual machine template for MindPoint Group to test against.
Subject to all of the foregoing, during the term of the Lockdown Enterprise Support Subscription and subject to Customer’s payment of all applicable Fees, MindPoint Group will use commercially reasonable efforts to provide Customer with the following support services with respect to the Ansible Lockdown Software (the “Lockdown Enterprise Support Service”):
Provided that Customer has paid all applicable Fees, and subject to Customer’s application of all Upgrades, Updates and Corrections to Ansible Lockdown Software in accordance with MindPoint Group’s recommendations, MindPoint Group will provide Lockdown Enterprise Support Services for each version of Ansible Lockdown Software for the duration set forth in an Order after the first delivery of the next consecutive Upgrade. Support for other versions and revisions may be provided only upon the mutual agreement of the parties via a separate Order, which may require the payment of additional Fees.
Lockdown Enterprise Support Service requests may be submitted via email to email@example.com and will be reviewed during MindPoint Group’s normal business days between the hours 9:00 A.M. and 5:00 P.M. Eastern Time, U.S.A. MindPoint Group shall use commercially reasonable efforts to meet the response times set forth below.
Critical Issues – The Ansible Lockdown Software experiences problems that cause it to stop completely or become fully unresponsive or causes a major application, function, or feature to fail to operate. Initial Response Time: 4 business hours
Non-Critical Issues – The Ansible Lockdown Software experiences problems that cause a major application, function, or feature to fail to operate however, not vital to immediate performance. Initial Response Time: 8 business hours
Customer must (a) check the associated box for “Critical Issues” when filing a support ticket online, and/or (b) for Critical Issues submitted via an email request, Customer must use the words “Critical” or “Service Affecting” within the subject line, or body of the email message, in order to be tracked and serviced appropriately. If, in MindPoint Groups’ sole discretion, Customer’s issue(s) do not fall within the definition of Critical or Non-Critical for which it was supplied, the level of severity may be adjusted, as appropriate.
Lockdown Enterprise Support Services described herein do not include support for the (i) correction of problems caused by unauthorized modification of Ansible Lockdown Software by Customer or any third party; (ii) use of Ansible Lockdown Software with third party products or in an operating environment other than as expressly approved by MindPoint Group; (iii) use of the Ansible Lockdown Software in violation of the terms of the Agreement; or (iv) other issues that are not solely and specifically related to the Lockdown Software.
MindPoint Group reserves the right to alter the Lockdown Enterprise Support Services, at any time in its sole discretion, provided MindPoint Group agrees that in no event shall such alterations result in materially diminished obligations for MindPoint Group with respect to the Lockdown Enterprise Support Services or materially diminish Customer’s rights with respect to the Lockdown Enterprise Support Services. MindPoint Group shall use commercially reasonable efforts to provide thirty (30) days prior written notice (delivered electronically or otherwise) of any material changes to the Lockdown Enterprise Support Services.
All Lockdown Enterprise Support Services shall be provided in English only.