PLEASE READ THESE DATASTAX LUNA TERMS (“AGREEMENT”) CAREFULLY. BY CLICKING THE BOX INDICATING ACCEPTANCE OR ACCESSING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM, AND THAT YOU HAVE READ AND AGREE TO THE DATASTAX LUNA PRIVACY AND DATA PROCESSING POLICY.  IF YOU ARE AGREEING TO THESE TERMS AND POLICIES ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS AND SUCH POLICY.  IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO BE BOUND, THEN YOU MUST NOT ACCEPT OR USE DATASTAX LUNA.

This Agreement is between the person or entity agreeing to these terms (“Customer” or “You”) and DataStax, Inc., (“DataStax”) a Delaware corporation, and includes these DataStax Luna Terms, and any terms expressly incorporated herein by reference.  This Agreement is effective as of the earliest date on which Customer accepts this Agreement.

NOTE: IF YOU ARE ACTING ON BEHALF OF A COMPANY OR OTHER ORGANIZATION THAT HAS A SEPARATE SIGNED AGREEMENT WITH DATASTAX, INC. GOVERNING THE RECEIPT AND USE OF  DATASTAX LUNA THEN THE TERMS OF THAT SEPARATE AGREEMENT SHALL SUPERSEDE THE TERMS OF THIS AGREEMENT.

In order to provide You with DataStax Luna (defined below) we may collect, process, retain, or share Your information. For information on how we collect, process, retain and share Your personal information, please see the DataStax Luna Privacy and Data Processing Policy, available at: https://www.datastax.com/legal/datastax-luna-privacy-policy the “Privacy and Data Processing Policy”), which may be updated from time to time. THE PRIVACY AND DATA PROCESSING POLICY IS HEREBY INCORPORATED BY REFERENCE IN THE AGREEMENT. YOU MAY NOT USE DATASTAX LUNA IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF SUCH POLICY. 

If Customer has separately purchased professional consulting or training services (“Services”) from DataStax relating to Customer’s DataStax Luna deployment, DataStax shall provide such Services according to the Service Terms at www.datastax.com/service-terms, as updated or amended from time to time.

 

1. Definitions

 

1.1. “Apache Cassandra” means the Open Source Software licensed by the Apache Software Foundation (ASF) as made available at http://cassandra.apache.org/download/ or from datastax.com. Apache and Cassandra are trademarks of The Apache Software Foundation, and are not owned or distributed by DataStax.

1.2. “DataStax Luna” means the DataStax Support offering for Apache Cassandra.

1.3. “Documentation” means the open source software documentation for Apache Cassandra as made available at  http://cassandra.apache.org/.

1.4. “Subscription” means Customer’s subscription to DataStax Luna during a specified Subscription Period.

1.5. “Subscription Period” means the term for which Customer has subscribed to DataStax Luna. Unless otherwise specified at the time of purchase the Subscription Period is 12 months.

1.6. “Support” means the support services as described in the Support Addendum to this Agreement.

1.7. “Supported Software” shall have the meaning defined in Section 1 of the Support Addendum to this Agreement.

2.  DataStax Luna Description

2.1 Registration. In order to subscribe to DataStax Luna, You must complete the registration process and provide your email address and other account billing information  (“Account Data”). You must provide complete and accurate Account Data during the registration process and must keep your Account Data up-to-date. You are prohibited from misrepresenting Your identity or Your affiliation with any company or other entity. You are responsible for all activity that occurs on your account. You should promptly contact DataStax if you believe that Your Account Data has been compromised. 

By providing Your Account Data, you hereby consent to receive email communications from DataStax.  Such communications may include communications regarding the DataStax Luna services or commercial content relating to other DataStax products and services. If you do not wish to receive such communications, you may opt-out by notifying DataStax at privacy@datastax.com.

2.2  No License Rights Granted. A DataStax Luna Subscription provides Customer with access to DataStax technical support for supported clusters of Apache Cassandra during the Subscription Period. No license to Apache Cassandra or any DataStax proprietary software is provided in connection with a DataStax Luna Subscription.  Customer must license and download Apache Cassandra separately. During the Subscription Period, DataStax may make available to you certain DataStax software tools, patches or fixes, which may be subject to separate license terms.

2.3 Support Addendum. During the Subscription Period DataStax shall provide Customer the applicable Support, as described in the attached Support Addendum, for any supported Nodes. 

2.4  Compliance with Applicable Laws. Your use of DataStax Luna must comply with all applicable laws, rules and regulations. 

2.5.  Modifications; Discontinuation of Service.  You agree and understand that DataStax may make modifications, including discontinuation of the DataStax Luna services, from time to time and will use commercially reasonable efforts to notify Customer of any material modifications.  

2.6 Suspension of Support. DataStax reserves the right to temporarily suspend Customer’s access to the Support portal for scheduled maintenance periods, for which DataStax will endeavor to provide Customer with advanced notice, where it is reasonably possible for DataStax to do so. 

3. Payment

3.1. Fees.   You will be charged monthly or annually in advance for Your DataStax Luna Subscription (the “Fee”), Unless otherwise agreed to the parties in writing, all Fees are non-refundable, assessed in U.S. dollars and shall be paid without setoff or deduction.   

3.2. Consent to Payment Processing. Unless otherwise agreed by the parties, Fees will be processed by a third-party credit card processing service (at this time Stripe). You consent to the use of such third party service, subject to the applicable third party terms (Stripe terms are available at https://stripe.com/checkout/legal), and to the transfer of Your credit card information (including credit card holder’s name, credit card number, card expiration date, CVV number, and billing address) to such third party. Any terms governing the processing of Your credit card data are between You and such third party, and you should consult the applicable third party terms.  

3.3  Monthly Charges. If you have selected the monthly billing option, You are subscribing to DataStax Luna for the Subscription Period (typically 12 months), but will be billed monthly. The Fees for Your DataStax Luna Subscription will be charged each month during the Subscription Period to the credit card You provided during check-out.  You acknowledge that Your credit card will be subject to the above-described charges for each month during the Subscription Period. 

3.4. Taxes.  You are responsible for any duties, customs fees, or taxes (other than DataStax’s income tax) associated with Your purchase of DataStax Luna, including any related penalties or interest (“Taxes”). You must pay the listed Fees without deduction for Taxes. If You are required by applicable law to withhold any amount from any payments then You must notify DataStax and pay DataStax the stated Fees as if no withholding were required, and shall remit the withholding to the appropriate governmental authorities on behalf of DataStax, with a copy of the tax receipt or certificate forwarded to DataStax.

3.5. Disputes

If you dispute or have any questions about Your Subscription or the Subscription Fees, you should contact Support. To the fullest extent permitted by applicable law, You waive any and all claims relating to the Fees unless You submit a Fee dispute within 60 days after your account is charged. The foregoing does not waive any of Your rights with Your credit card issuer, which are subject to Your agreement with such issuer.  Any Fee adjustments, credits or refunds are at the discretion of DataStax.

3.6. Delinquencies.  If Your credit card expires or is cancelled or is otherwise denied, DataStax will attempt to reprocess the charges for the Fees.  You are responsible for updating the credit card information to ensure payment can be made during the Subscription Period. Any late payments will accrue late charges at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower.  

4. Proprietary RIghts

4.1. Proprietary Rights.  As between the parties, all intellectual property rights in DataStax Luna, any Support response, and the Support portal shall remain with DataStax or its licensors.  

4.2. Feedback.  If Customer provides any suggestions or feedback regarding any DataStax products or services, DataStax may use such information without obligation to Customer, and Customer hereby irrevocably assigns to DataStax all right, title, and interest in that feedback or those suggestions.

5. Account Data and Support Data

5.1.  Account Data. In connection with its provision of DataStax Luna, including for billing and account provisioning purposes, DataStax may access, process, copy, archive, store, or otherwise modify Customer’s Account Data or other data provided by Customer in connection with a Support request (“Support Data”).  Customer hereby grants DataStax the necessary rights for such access and modifications to the Account Data and Support Data. DataStax may use aggregated and de-identified version of the Account Data and Support Data for its internal business purposes.

5.2. Data Restrictions. Customer agrees that: (i) DataStax is not acting on Customer’s behalf as a Business Associate or subcontractor; (ii) Customer should not transmit any protected health information (“PHI”) to DataStax; (iii) Customer should not transmit to DataStax any information that would require DataStax to be compliant with the Health Insurance Portability and Accountability Act of 1996, as amended and supplemented (“HIPAA”); (iv) to the extent required under applicable law, Customer will obtain any consents from Customer’s end users that are required for Customer to pass the Account Data and/or Support Data to DataStax in order for DataStax to provide Support.  In the preceding sentence, the terms “Business Associate,” “subcontractor,” “protected health information” or “PHI” shall have the meanings described in HIPAA.  

5.3.     Privacy and Data Processing Policies. With respect to any Personal Data, and insofar as DataStax has access to Personal Data, DataStax shall comply with the DataStax Luna Privacy and Data Processing Policy.

6. Term & Termination

6.1. Agreement Term.  This Agreement will begin on the date Customer accepts the Agreement and continue until the date on which the Agreement is terminated as specified herein. 

6.2. Termination for Breach.  DataStax may suspend or terminate this Agreement, Customer’s Subscription and/or Customer’s access to Support without prior notice if: (i) Customer breaches any obligation under the Agreement (including without limitation any payment obligation); (ii) if DataStax reasonably determines that Customer’s use of DataStax Luna is fraudulent, violates or is likely to violate applicable laws or the terms of this Agreement, or otherwise may expose DataStax or its partners to liability to third parties; or (iii) Customer has ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or becomes the subject of any bankruptcy, reorganization, liquidation, dissolution proceeding.

6.3  Termination for Convenience.  DataStax may terminate this Agreement or any Subscription for convenience by providing 14 days’ prior written notice to Customer. 

6.4. Effect of Termination.  If the Agreement expires or is terminated, then: (1) the rights granted by one party to the other will immediately cease; (2) any outstanding Fees owed by Customer are immediately due; (3) Customer’s right to receive Support will immediately cease; and (4) upon request, each party will use commercially reasonable efforts to return or destroy all Confidential Information of the other party.

7. Confidentiality

7.1. Confidentiality Obligation.  During the term of this Agreement, both parties agree that: (1) Confidential Information will be used only in accordance with the terms and conditions of this Agreement; (2) each will use the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care; and (3) the Confidential Information may be disclosed only to (a) employees, agents and contractors with a need to know, and to its auditors and legal counsel, in each case, who are under a written obligation to keep such information confidential using standards of confidentiality not less restrictive than those required by this Agreement; and (b) comply with a legal requirement or process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures inside or outside of the United States.  DataStax may use Account Data and Support Data for internal business purposes only, including providing Support, and improving, testing and providing DataStax products and services.  “Confidential Information” means any information designated as confidential orally or in writing by either party, or any information that the receiving party knows, or has reason to know, is confidential or proprietary based upon its treatment by the disclosing party.  Confidential Information does not include (a) information submitted by Customer via a support ticket or other type of support request; or (b) usage data derived by DataStax from Customer’s Support Data provided that such data is anonymized and aggregated.

7.2. Exclusions.  This Agreement imposes no obligation with respect to information that: (1) is a part of or enters into the public domain; (2) was already in the recipient’s possession prior to the date of disclosure other than by breach of this Agreement; (3) is rightfully received from a third party without any duty of confidentiality; or (4) is independently developed without reference to the Confidential Information of the disclosing party.

7.3. Publicity.  DataStax may identify Customer as a customer of DataStax Luna, provided that any such statements shall conform with any trademark use guidelines provided by Customer.  Each party must obtain the other party’s advance consent to any press release relating Customer usage of DataStax Luna.

8. Warranties

8.1. Authority.  Each party warrants that it has full power and authority to enter into this Agreement.

8.2.  EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 8, DATASTAX PROVIDE NO OTHER WARRANTIES REGARDING DATASTAX LUNA, AND TO THE FULLEST EXTENT PERMITTED BY LAW DATASTAX DISCLAIMS ALL OTHER WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES, TERMS AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DATASTAX OR ELSEWHERE WILL CREATE ANY WARRANTY, TERM OR CONDITION UNLESS EXPRESSLY STATED IN THIS AGREEMENT.  SUPPORT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  DATASTAX EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT CUSTOMER’S USE OF DATASTAX LUNA AND/OR SUPPORT WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS.  CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER DATASTAX LUNA OR THE INFORMATION PROVIDED BY SUPPORT IS ACCURATE OR SUFFICIENT FOR CUSTOMER’S PURPOSES.

8.3. Data Warranty.  Customer warrants that it has obtained any necessary consents from its end users that are required for Customer to transfer any Account Data or Support Data and grant the rights to DataStax specified herein.  Customer further warrants that the Account Data, Support Data and Customer’s transfer of such data to DataStax complies with all applicable laws and do not violate the intellectual property or privacy rights of any third party.

9. Indemnity

Customer shall defend or settle at its sole expense any claim brought against DataStax, its directors, officers, or employees by a third party arising out of: (i) any breach by Customer of any term or condition of this Agreement, including without limitation, any breach of Sections 2.7 (Registration), 5 (Account Data and Support Data), 7.1 (Confidential Information), and 8.3 ( Data Warranty); (ii) any negligent, willful or unlawful conduct by Customer or its agents; and/or (iii) any violation of third party rights (including without limitation any intellectual property rights or privacy rights) arising out of or relating to the Account Data or Support Data provided by Customer to DataStax or Customer’s use of Apache Cassandra.

10. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall DataStax or its suppliers be liable for damages other than direct damages, including the cost of procurement of substitute goods or technology, loss of profits, or for any special, consequential, incidental, punitive or indirect damages on any theory of liability, whether in statute, contract, tort, strict liability, indemnity or otherwise, even if advised of the possibility of such damages. 

To the fullest extent permitted by applicable law, in no event shall the total liability of DataStax to Customer under this Agreement exceed the greater of the total amounts paid by Customer to DataStax under this Agreement during the 12 months prior to the date the claim arises.  The liability limitations in this paragraph (and otherwise in the Agreement) do not limit or exclude damages for bodily injury or death or other damages that under applicable law cannot lawfully be limited or excluded.

11. Insurance

During the term of this Agreement, DataStax will maintain at least the following levels of insurance coverage: (1) general commercial liability of $1 million per occurrence, $2 million aggregate for bodily injury and property damage; (2) automotive, hired and non-owned liability of $1 million for bodily injury and property damage; (3) errors and omissions of $2 million per claim and aggregate limit; and (4) workers’ compensation meeting statutory limits.

12. Miscellaneous

12.1. Assignment.  The Agreement may not be assigned by either party by operation of law or otherwise, without the prior written consent of the other party, which consent will not be unreasonably withheld.  Notwithstanding the foregoing, either party may assign this Agreement in its entirety (including all Order Schedules), without consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or the sale of all or substantially all of the assets of the business to which the Agreement relates.  Any such assignment shall be effective upon payment of all amounts then due.

12.2. Conflicting Terms.  If there is a conflict among the documents that make up this Agreement, the documents will control in the following order: any applicable ordering document,  these terms, the Support Addendum, and the terms located at URL referenced in these Terms.

12.3. Entire Agreement.  This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter.  In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in this Agreement.  The terms located at a URL referenced in this Agreement are hereby incorporated by this reference.  After the Effective Date, DataStax may provide Customer with an updated URL in place of any URL in this Agreement.  Customer agrees that its purchase of a DataStax Luna subscription is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written public comments made by DataStax, including any roadmaps or target release dates, with respect to future functionality or features.

12.4. Export Controls.  Customer agrees to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with Customer’s use of DataStax Luna, and any underlying Software or technology.  In particular, but without limitation, DataStax Luna may not, in violation of any laws, be accessed, exported or re-exported: (1) in/into any U.S. embargoed country; or (2) by/to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  Customer represents and warrants that Customer and its Affiliates are not located in, under the control of, or a national or resident of any such country or on any such list.

12.5. Force Majeure.  Neither party will be liable for failure or delay in its performance under this Agreement to the extent caused by circumstances beyond its reasonable control.  DataStax reserves the right to suspend the provision of Support to comply with applicable laws.

12.6. Governing Law.  This Agreement is to be construed in accordance with and governed by the internal laws of the State of California without regard to its conflict of laws principles, and each party hereby consents to the jurisdiction of the federal or state courts of Santa Clara County, California, USA.  Each party hereby waives any right to jury trial in any litigation in any way arising out of or related to this Agreement.

12.7. Independent Contractors.  This Agreement will not be construed as creating an agency, partnership, joint venture or any other form of association, for tax purposes or otherwise, between the parties; the parties will at all times be and remain independent contractors.

12.8. No Third-Party Beneficiaries.  This Agreement does not confer any benefits on any third party unless it expressly states that it does.

12.9. Notices.  All notices must be in writing and addressed to the other party’s legal department and primary point of contact.  Notice will be treated as given on receipt, as verified by written or automated receipt or by electronic log (as applicable).

12.10. Severability and Waiver.  In the event that any provision of this Agreement (or any portion hereof) is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, the provision (or portion) will be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of enforcement, will be deemed to be severed and deleted from this Agreement, while the remainder of this Agreement will continue in full force.  The waiver by either party of any default or breach of this Agreement will not constitute a waiver of any other or subsequent default or breach.

12.11. Survival.  The following sections will survive any expiration or termination of this Agreement:  Sections 3 (Payment), 5.2 (Data Restrictions), 4.1 (Proprietary Rights), 6.4 (Effect of Termination), 8 (Confidentiality), 9 (Indemnity), 10 (Limitation of Liability), and 12 (Miscellaneous).

12.12. Updates.  Except as expressly provided herein, no modification of this Agreement will be effective unless contained in writing and signed by an authorized representative of each party. DataStax may make changes to the Agreement, including Support Addendum from time to time.  DataStax will post the updated Agreement and will update the “Last Updated Date” at the top when there are any substantive updates to the Agreement.  By continuing to use DataStax Luna (including accessing or contacting Support) after DataStax has provided Customer with such notice of a change, Customer is indicating that it agrees to be bound by the modified terms.  

 

 

 

 

Support Addendum

 

 

 

This Support Addendum is part of and subject to an agreement with DataStax (the “Agreement”) that includes the DataStax Luna Terms (at https://www.datastax.com/terms/datastax-luna-terms), unless Customer has executed a separate agreement with DataStax governing Customer’s receipt and use of DataStax Luna.

DataStax provides Support of eligible software under the terms of this Support Policy as long as Customer maintains a current subscription to Support. “Support” means the services described in this Support Addendum and does not include one-time services or other services not specified in this Support Addendum, such as training, consulting or custom development.  Any capitalized terms not defined hereunder shall have the meaning specified in the Agreement.

1. Supported Software

Support is offered for and covers only the unmodified Apache Cassandra software release versions specified under this Support Addendum (the “Supported Software”). Support is not provided for Apache Cassandra software that has been altered or modified or incorporates any third party patch or fix.  All nodes within an Apache Cassandra cluster must be uniformly licensed to DataStax Luna.

2. Technical Contacts

Support may be initiated and managed only by Customer’s Technical Contacts. “Technical Contacts” are named individuals who are responsible for administration of the Supported Software within Customer’s organization. Customer may designate the number of Technical Contacts that corresponds with its licensed volume in Table 1 below. Customer shall only designate as Technical Contacts those individuals who have knowledge of and experience with the operation of the Supported Software and who have sufficient permissions and authority to access the Supported Software in Customer’s environment. Additional Technical Contacts may be available for an additional fee.

TABLE 1

#Nodes

# Technical Contacts

1-50

5

51-100

10

101+

15

 

3. Informational Support

DataStax will provide reasonable product and technical support to address questions concerning the use of the Supported Software. Technical Contacts may initiate Support by submitting a ticket through DataStax’s 24-hour Support portal at https://support.datastax.com. Support is provided in the English language only. Customer acknowledges information and materials provided to DataStax in connection with receiving Support may be used by the DataStax global support team for the purpose of providing Support in accordance with this Support Policy.

4. Issue Support

DataStax will partner with Customer on any Issue submitted by Customer’s Technical Contacts. Such efforts may include helping with diagnosis and troubleshooting, configuration assistance, or suggesting workarounds. In the case that a possible defect is identified with the Apache Cassandra software, DataStax may engage with the open source Apache Cassandra community to work towards a resolution. Note that in some instances, Customer may be required to upgrade to a more recent version or sub-version of the Supported Software in order to resolve an Issue. Customer shall not submit Issues arising from any software other than the Supported Software or otherwise use Support for unsupported software.

An “Issue” is a material and verifiable failure of the Supported Software to conform to the applicable Documentation. Support will not be provided for the use of the Supported Software in a manner inconsistent with the applicable Documentation. Customer shall not submit Issues arising from any software other than the Supported Software or otherwise use Support for unsupported software.

5. Service Levels

A. DataStax Luna Bronze (8x5 Business Hours, 8 tickets per year)

Customers with a current subscription to DataStax Luna Bronze are entitled to receive Support subject to the following service levels. At the start of the Subscription, the Customer must select a Support Region (US EAST, US WEST, APAC, or EMEA). All Customer Support requests should be made via submission by a Technical Contact of a support ticket through the DataStax Support portal. After a Technical Contact submits a support ticket to DataStax via the Support portal, DataStax Support will respond to Customer’s support ticket during the hours of 9am to 5pm on business days in the Customer’s designated Support Region. Support is provided to Customers eight (8) hours per day, five (5) days per week, weekends and holidays excluded. DataStax will respond to any Customer Issues within 24 hours Monday through Friday, excluding holidays. Customer is entitled to submit up to eight (8) support tickets annually per cluster under Subscription.

 

TABLE 2a: DataStax Luna Bronze

Days/Hours:

Business Days; 9am-5pm in Customer’s Designated Support Region

Issue Logging Method:

Web

Number of Issues:

Up to 8 support tickets annually per cluster under Subscription 

Issue Response Time (any Issue Priority Level):

<1 Business Day (24 hours Monday-Friday, excluding holidays)

 

B. DataStax Luna Silver (8x5 Business Hours with faster response for High Priority Issues, 15 tickets per year)

 

Customers with a current subscription to DataStax Luna Silver are entitled to receive Support subject to the following service levels. At the start of the Subscription, the Customer must select a Support Region (US EAST, US WEST, APAC, or EMEA). All Customer Support requests should be made via submission by a Technical Contact of a support ticket through the DataStax Support portal. When a Technical Contact submits an Issue via the Support portal, DataStax will reasonably assess its priority according to the appropriate priority levels defined below. DataStax will confirm the priority level with Customer and will resolve any disagreement regarding the priority as soon as is reasonably practicable. The High priority level is not available for non-production systems. Support is provided to Customers eight (8) hours per day (9am to 5pm within the Customer’s designated Support Region), five (5) days per week, weekends and holidays excluded.  DataStax will respond to any High Priority Issues within 4 business hours and  Normal/Low Issues within 1 business day. Customer is entitled to submit up to fifteen (15) support tickets annually per cluster under Subscription.

 

TABLE 2b: DataStax Luna Silver

Days/Hours:

Business Days; 9am-5pm in Customer’s Designated Support Region for Normal/Low Priority Issues

Issue Logging Method:

Web

Number of Issues:

15

Issue Response Time (High Priority Issues)

<4 Business Hours

Issue Response Time ( Normal/Low Priority Issues)

<1 Business Day (24 hours Monday-Friday, excluding holidays)

“High” means a high-impact problem in Customer’s production systems. Essential operations are seriously disrupted.

“Normal” means a lower impact problem on a production or non-production system that involves a partial or limited loss of non-critical functionality, or some other problem involving no loss in functionality. Customer can continue essential operations. Normal problems also include all problems on non-production systems, such as test and development systems.

“Low” means a general usage question. It also includes recommendations for requests for new products or features, and requests for enhancements or modifications. There is no impact on the quality, performance, or functionality of the product in a production or non-production system.

 

C. DataStax Luna Gold (24x7)

 

Customers with a current subscription to DataStax Luna Gold shall have worldwide access to DataStax Support 24 hours a day, 7 days a week, 365 days a year. All Customer Support requests should be made via submission by a Technical Contact of a support ticket through the DataStax Support portal. When a Technical Contact submits an Issue via the Support portal, DataStax will reasonably assess its priority according to the appropriate priority levels defined below. DataStax will confirm the priority level with Customer and will resolve any disagreement regarding the priority as soon as is reasonably practicable. Urgent and High priority levels are not available for non-production systems

 

TABLE 2c: DataStax Luna Gold

Days/Hours:

24x7x365

Issue Logging Method:

Web

Number of Issues:

Unlimited

Issue Response Time (Urgent Priority Issues)

<1 Hour

Issue Response Time (High Priority Issues)

<4 Hours

Issue Response Time (Normal/Low Priority Issues)

<1 Business Day (24 hours Monday-Friday, excluding holidays)

 

D. DataStax Luna Basic (24x7)

 

Customers with a current subscription to DataStax Luna Basic shall have worldwide access to DataStax Support 24 hours a day, 7 days a week, 365 days a year. All Customer Support requests should be made via submission by a Technical Contact (maximum of 10) of a support ticket through the DataStax Support portal. When a Technical Contact submits an Issue via the Support portal, DataStax will reasonably assess its priority according to the appropriate priority levels defined below. DataStax will confirm the priority level with Customer and will resolve any disagreement regarding the priority as soon as is reasonably practicable. Urgent and High priority levels are not available for non-production systems. Customer is entitled to submit up to ten (10) support tickets annually under the Subscription.

 

TABLE 2d: DataStax Luna Basic

Days/Hours:

24x7x365

Issue Logging Method:

Web

Number of Issues:

Up to 10 support tickets annually

Issue Response Time (Urgent Priority Issues)

<1 Hour

Issue Response Time (High Priority Issues)

<4 Hours

Issue Response Time (Normal/Low Priority Issues)

<1 Business Day (24 hours Monday-Friday, excluding holidays)

 

“Urgent” means a catastrophic problem in Customer’s production systems. Examples include a complete loss of service, production systems that are crashed, or a production system that hangs indefinitely. Customer cannot continue essential operations.

“High” means a high-impact problem in Customer’s production systems. Essential operations are seriously disrupted, but a workaround exists which allows for continued essential operations.

“Normal” means a lower impact problem on a production or non-production system that involves a partial or limited loss of non-critical functionality, or some other problem involving no loss in functionality. Customer can continue essential operations. Normal problems also include all problems on non-production systems, such as test and development systems.

“Low” means a general usage question. It also includes recommendations for requests for new products or features, and requests for enhancements or modifications. There is no impact on the quality, performance, or functionality of the product in a production or non-production system.

6. Customer Responsibilities

Customer shall provide DataStax with data, process information, supporting analysis, and access to Customer’s Technical Contacts as reasonably required to allow DataStax to reproduce and diagnose reported Issues. Customer is responsible for the adequate duplication and documentation of all of its files and data for back-up purposes.

7. Supported Software

Support covers only the following Software versions: 

Apache Cassandra v. 2.1

Apache Cassandra v.2.2.x

Apache Cassandra v. 3.0.x

Apache Cassandra v. 3.11.x

 

DataStax reserves the right to update the Supported Software at any time by updating this Agreement with at least three (3) months prior notice. Any notice will be provided via update to this Support Addendum.

 

Support for other versions of Apache Cassandra or for software obtained from or modified by any source other than Apache Software Foundation is not provided under this Support Addendum. Support only covers use of the Supported Software installed on platforms or systems in accordance with the Documentation. Support does not cover use of the Supported Software on platforms or systems that are no longer supported by the original vendor.