Extended Lifecycle Support

Virtuozzo extended support services terms and conditions

1. Applicability of these terms and conditions

Except as expressly set out below or as otherwise mutually agreed to by the parties in writing, these Virtuozzo Extended Support Service Terms and Conditions For Customers together with the terms and conditions in the applicable End User License Agreement (collectively, the “ELS Terms and Conditions”) set out the terms and conditions pursuant to which Virtuozzo will provide extended support services to Customers (“Customer”, “You” or “Your”) based upon such Extended Support Service Programme which Customer has purchased from Virtuozzo. By submitting a purchase order for the Extended Support Services Programme to Virtuozzo, Customer agrees to be bound by these ELS Terms and Conditions. Unless otherwise agreed in writing by Virtuozzo, no other terms and conditions endorsed upon, delivered with or contained in a Customer’s purchase order, or in any other similar document, will amend, or vary the provisions of these ELS Terms and Conditions.

Extended support service programme

2. Orders

Pursuant to your purchase order, placed with Virtuozzo, you have ordered the Extended Support Programme related to certain Virtuozzo Products. In order to receive Services under the Extended Support Programme pursuant to the ELS Terms and Conditions, you must submit a purchase order to Virtuozzo for a validly quoted Extended Support Programme. Virtuozzo will determine the pricing and payment terms associated with any Extended Service Programme which you purchase. All orders are subject to acceptance by Virtuozzo, and no obligation, including a purchase order, shall be binding on Virtuozzo unless and until such order is accepted by Virtuozzo, or, if earlier, Services are provided to Customer. Please note that only those Virtuozzo Products listed on a valid quotation applicable to your purchase order will be covered by the Extended Support Service Programme under these ELS Terms and Conditions.

3. Availability

Extended Support may be available for the following two Virtuozzo Products:

• Virtuozzo Containers for Linux 4.7;
• Virtuozzo 6;
• Parallels* Server Bare Metal 5.0 (“Virtuozzo Products”)

(hereinafter – “Virtuozzo Product(s)”).

4. Service period

The Extended Support Service Programme is available for Virtuozzo Container for Linux 4.7 and Parallels* Server Bare Metal 5.0 for the period beginning on 1 October 2018 and ending on 30 November 2020. The Extended Support Service Programme for Virtuozzo Products listed in this paragraph must be purchased by You for a period of 12-months beginning on the date Virtuozzo accepts your purchase order. Should you purchase the Extended Support Service Programme for Virtuozzo Products listed in this paragraph after 1 December 2019 the Extended Support Programme will only be available up to and including 30 November 2020.

The Extended Support Service Programme is available for Virtuozzo 6 for the period beginning on 1 July 2019 and ending on 30 November 2021. The Extended Support Service Programme for Virtuozzo Product listed in this paragraph must be purchased by You for a period of 12-months beginning on the date Virtuozzo accepts your purchase order. Should you purchase the Extended Support Service Programme for Virtuozzo Product listed in this paragraph after 1 December 2020 the Extended Support Programme will only be available up to and including 30 November 2021.

5. Support services

Unless otherwise stated in this section Virtuozzo will provide Support Services to You, limited to the following:

1. Priority response in support queue. When submitting a ticket, choose the “Support Code” radio button and enter your Support Code in the text field provided.

2. Web access to Virtuozzo CustomerNet.

3. 24 hours a day, 7 days a week, 365 days a year email support with total coverage for all Virtuozzo Products.

4. Virtuozzo Phone Support Services (call +1 425-689-7142 (US), +44 20 3389 8331 (UK), +49 89 143794365 (DE), +7 499 609-27-54 (RU). Phone Support is intended to cover situations where changes on Customer’s servers are not required, such as general questions regarding Virtuozzo Products and functionalities. Phone support is used as a means to create, update, or receive status or close tickets. Once the problem is communicated by Customer, Virtuozzo will use best efforts to resolve the issue as soon as reasonably possible.

5. Email support. Submit tickets to Virtuozzo support via the Support Section on www.Virtuozzo.com. You will be able to check the status of your ticket and communicate with Virtuozzo support through the email notifications received from Virtuozzo’s support team.

6. Set severity for your tickets. Severity level is a measure of the relative impact an issue has on the use of the Virtuozzo Products. Virtuozzo support uses severity level definitions to classify all support requests. Severity level definitions are given at: https://www.virtuozzo.com/support/all-products/severity-level-definitions.html

7. Escalation paths. If there are problems or delays in the response or resolution of your ticket, call +1 855-466-6670. Shift Manager on duty will review the status of your ticket and adjust priority if needed.

8. Extended support includes security updates and business critical hot fixes that Virtuozzo is going to make available for subscribed customers.

9. Extended Support does not include Individual services like custom implementation, customization, migration or deployment which are considered to be Professional Services.

6. Confidentiality

6.1 ownership of confidential information

Virtuozzo and Customer acknowledge that during the performance of this Agreement, each Party may have access to Confidential Information. Virtuozzo and Customer agree that, as between the Parties, Confidential Information is owned by the disclosing Party.

6.2 mutual confidentiality obligations

Each Party agrees: (i)to use the Confidential Information only for the purposes described in this Agreement; (ii)that such Party shall not reproduce the Confidential Information except as necessary to comply with this Agreement and shall hold in confidence and protect the Confidential Information from dissemination to, and use by, any third party; (iii)that neither Party shall create any derivative work from the other Party’s Confidential Information; (iv)to restrict access to the Confidential Information to such of its personnel, agents, and/or consultants, if any, who have a need to know and who have been advised of and have agreed in writing to treat such information in accordance with the terms of this Agreement; and (v)to return or destroy all Confidential Information of the other Party in its possession upon termination or expiration of this Agreement and certify compliance with this obligation to return or destroy upon first request of the other Party.

7. Ownership

You acknowledge that Virtuozzo owns all right, title, and interest, including all Intellectual Property in and to the Virtuozzo Products and all work products, derivative works, developments, inventions, technology or materials provided under or otherwise in connection with the support services, (including all related components) and You hereby assign all such rights, if any, to Virtuozzo. Virtuozzo expressly reserves all rights not expressly granted to You.

8. Indemnification

You will, at your own expense, indemnify and hold Virtuozzo, and all officers, directors, and employees thereof, harmless from and against any and all claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses, including reasonable attorneys’ fees (collectively, “Claims”), arising out of any use of the Support Services by you, any party related to you, or any party acting upon your authorization in a manner that is not expressly authorized by this Agreement.

9. Warranties

9.1 Representations and Warranties

Each Party represents and warrants to the other that the execution and performance of this Agreement does not and shall not violate any other contract, obligation, or instrument and that it has the legal power and authority to agree to these ELS Terms and Conditions.

9.2 Ro Other Warranties

Except as otherwise expressly warranted in these ELS Terms and Conditions, the Virtuozzo Products and any other materials, software, data and/or support services provided by Virtuozzo in accordance with these ELS Terms and Conditions are provided “as is” and Virtuozzo expressly disclaims all other warranties of any kind or nature, whether express, implied or statutory, including, but not limited to, any warranties of operability, condition, title, non-infringement, accuracy of data or quality, as well as any warranties of merchantability, system integration, workmanship, suitability, fitness for a particular purpose, or the absence of any defects therein. No warranty is made by Virtuozzo on the basis of trade usage, course of dealing or course of trade. Virtuozzo does not warrant that the Virtuozzo Products or any other materials, Software, data and/or services provided under these ELS Terms and Conditions shall meet Your requirements or the requirements of Authorised Users or that the operation thereof shall be uninterrupted or error-free, or that errors shall be corrected.

10. Limitation Of Liability

10.1 Limitations

In no event shall Virtuozzo or its licensors or suppliers be liable to You for any incidental, indirect, special, consequential or punitive damages, regardless of the nature of the claim, including, without limitation, lost profits, costs of delay, any failure of delivery, business interruption, costs of lost or damaged data or documentation or liabilities to third parties arising from any source, even if Virtuozzo has been advised of the possibility of such damages. In no event will Virtuozzo’s total aggregate and cumulative liability to you for any and all claims of any kind arising hereunder exceed the amount of fees actually paid by you for the Extended Support Services Programme giving rise to the claim in the twelve months preceding the claim. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

11. General Terms

11.1 Except as otherwise set forth in these ELS Terms and Conditions, Virtuozzo may modify and/or amend these ELS Terms and Conditions and any or all documents incorporated by reference including EULA from time to time and will notify You accordingly on at least ten (10) calendar days’ written notice. Any such amendment or modification will become effective immediately from when it is uploaded to https://www.virtuozzo.com/legal.html and Your continued use of the Extended Support Services Programme shall constitute acceptance of such amendment and/or modification.

* Please Note: Parallels International GmbH and its affiliates are no longer affiliated/related with Virtuozzo International GmbH and its affiliates. Parallels International GmbH and its affiliates do not endorse or sponsor Virtuozzo International GmbH or any of its affiliates or any of their products.