Policies

In consideration of the fees set forth in a Purchase Order, Coveo shall provide Support services to Licensee pursuant to the terms and conditions set forth:

1. Definitions

(a)	“Critical Issue” means any Issue that prevents the Software from being used at all or that causes the functionality of the Software to be disrupted to such an extent that the Software cannot be used at all.
(b)	“Issue” shall mean (a) any error, problem, or defect in the Software, or (b) any incorrect or incomplete statement or diagram in Software Documentation, if such error, problem, or defect or incorrect or incomplete statement or diagram either causes the Software to fail to perform substantially in accordance with the Software Documentation or causes the Software Documentation to be inaccurate or incomplete in any material respect. Each Issue is either a Critical Issue, Major Issue or Minor Issue.
(c)	“Issue Report” means a written report describing an Issue and containing Licensee’s good faith assessment of the severity level of the Issue (i.e., whether the Issue is a Critical Issue, Major Issue or Minor Issue). To constitute an “Issue Report” the report must be submitted in writing to Coveo’s support personnel through defined support channels and must be accompanied by such materials as are necessary to allow isolated and direct duplication of the Issue by Coveo’s support personnel.
(d)	“Level 1 Support” shall mean the service provided in response to the initial phone call or email placed by Licensee that identifies and documents an Issue. This includes Issue source identification assistance, Issue analysis, Issue resolution, installation planning information and preventive and corrective service information.
(e)	“Level 2 Support” shall mean the service provided to analyze the Issue to determine whether the Issue is reproducible. This includes Issue recreation and in-depth technical analysis.
(f)	“Support” shall mean the Software Updates and Upgrades as well as customer care support, whether by phone, email or online, subscribed by Licensee under this Agreement.
(g)	“Major Issue” means any Issue that results in either (a) such a serious degradation of the functionality of the Software that the value of the Software is substantially and materially reduced, or (b) such a serious degradation of the routine operation of the Software that the value of the Software for Licensee is substantially and materially reduced.
(h)	“Minor Issue” means any Issue that is not a Critical or Major Issue.
(i)	“Permanent Solution” means any resolution to an Issue that (i) causes the Software to perform substantially in accordance with the Software Documentation, and (ii) restores the operation of the Software without any loss of functionality.
(j)	“Workaround” means a temporary resolution of an Issue that restores the functionality of the affected Software until a Permanent Solution is provided.
(k)	“Virtualized hardware” means any hosting environment created by a virtualization software including but not limited to: Microsoft Virtual PC, Microsoft Virtual Server, Microsoft Hyper-V, VMWare Server and VMWare ESX.

2. Support Services

During the term of this Agreement and provided Licensee has paid the applicable Support Fees, the following services are available to Licensee. Said services shall be provided during Coveo’s normal business hours (Eastern Time), Mondays through Fridays (excluding Coveo-specified holidays). The web page and telephone number of Coveo’s support personnel and a list of current holidays are specified below.

Licensee may request assistance from Coveo after submitting a proper Issue Report to Coveo. The Issue Report shall indicate whether Licensee believes that the Issue is a Critical Issue, Major Issue or a Minor Issue. If Coveo disagrees in good faith with the severity level of the Issue, Coveo and Licensee shall negotiate in good faith regarding the proper severity level of the Issue. Coveo shall provide Level 1 and Level 2 Support services through email, telephone or other manner to Licensee’s designated personnel to provide such personnel with assistance regarding Issues.

(i) The services provided by Coveo to Licensee will vary according to the severity level of the Issue as follows:

(A) Critical Issues and Major Issues. Within the following time periods, Coveo shall provide a response, via e-mail and/or telephone, that acknowledges receipt of the Issue Report and advises Licensee that a Permanent Solution and/or a Work Around is underway: (a) 24 business hours after receipt of a proper Issue Report for Critical Issues and (b) 36 business hours after receipt of a proper Issue Report for Major Issues. Until a Permanent Solution or a Workaround is achieved, Coveo will make continuous, commercially reasonable efforts to resolve the Issue. If a Workaround but not a Permanent Solution is provided, Coveo shall, thereafter, exercise commercially reasonable efforts to provide a Permanent Solution. If the Issue may be resolved by providing Licensee with an Update or an Upgrade, then Coveo may, according to its sole discretion, discharge its obligation to resolve the Issue by providing Licensee with an Update or an Upgrade at no additional charge.

(B) Minor Issues. Within 48 business hours after receipt of a proper Issue Report, Coveo shall provide a response, via e-mail and/or telephone, to Licensee that acknowledges receipt of the Issue Report and advises that a Permanent Solution and/or a Work Around is underway. Thereafter, Coveo will make commercially reasonable efforts to resolve the Issue. If a Workaround but not a Permanent Solution is provided, Coveo shall, thereafter, exercise commercially reasonable efforts to provide a Permanent Solution if, according to Coveo in the exercise of its discretion in good faith, it is commercially practical to do so. If the Issue may be resolved by providing Licensee with an Update or an Upgrade, then Coveo may, according to its sole discretion, discharge its obligation to resolve the Issue by providing Licensee with an Update or an Upgrade at no additional charge.

(ii) Updates and Upgrades

Such Updates and Upgrades as Coveo creates in its discretion in the ordinary course of its business shall, upon Licensee’s written request, be made available to Licensee. Such Updates and Upgrades are licensed for and may be distributed only in connection with those copies of the Software for which the applicable Support fees have been paid to Coveo.

3. Exceptions to Support Obligations

The services below are expressly excluded from Support and shall, as such, be invoiced at Coveo’s then-current fees if Coveo agrees to provide them after they have been requested by Licensee:

(a)	Support of software not delivered by Coveo;
(b)	Support of Software or a version of any of the foregoing that has been retired by Coveo. Support services are provided for Issues that occur in the current release(s) and the previous major release of the Software running unaltered on an appropriate hardware and operating system configuration as specified in the Software Documentation;
(c)	Repairs caused by other than normal use or repairs caused by force majeure (such as, but not limited to, fire, flood, failure of electric power or air conditioning);
(d)	Repairs required by the fact that maintenance has been done by a third party, not authorized by Coveo;

4. Virtualized hardware

For deployments on virtualized hardware, Coveo provides technical support according to its standard policies for all issues not related to application performance and stability. Issues of performance and stability on virtualized hardware are supported on a best effort basis and are not governed by any target resolution times. Additional support charges may apply when the initial diagnostic of incidents points to the virtualized hardware as the source of software malfunction.

As a reference, the following issues were observed using different hardware virtualization technologies:

• Very significant performance degradation, ranging from 50% to 85% loss, on both indexing and query speed when compared to dedicated hardware.
• Stability issues that keep the system from performing reliably when under heavy load. These stability issues are specific to virtual environments and are not present on dedicated hardware.

As hardware virtualization technologies continue to evolve, Coveo may review its support policies for selected configurations at a later time.

5. Contact and Holiday Information

(a)	Coveo’s contact information for technical support during the Warranty Period will be: URL: http://www.coveo.com/en/support/contact Email: support@coveo.com Toll free: 1-866.266.1583 (US and Canada) Tel: +1.418.266.1583 (International)
(b)	Coveo’s normal business hours are as follows: Monday – Friday 6:00 a.m. to 6:00 p.m. Eastern Time (GMT -5)
(c)	The current holidays for Coveo are as follows: Holiday Date New Year’s Day January 1 Labor Day First Monday in September Columbus Day Second Monday in October Christmas December 25

Click here to download a PDF version of those policies.