Terms & Conditions
Definitions
“Maintenance” means an annual subscription service that is designed to fix any program error that causes Software to provide an incorrect function or failure to perform, or the provision of an Upgrade or an Update but does not include unscheduled maintenance and error correction services carried out at the request of the customer to restore a Product to Good Operating Condition or provision of any New Product or an application.
"Extended Features" means features only available after payment of a maintenance term being; alerting, anomaly detection, baselining, report scheduling, advanced reporting, IP allocations, and long-term trending.
“Updates” means a software modification that corrects defects, or implements bug fixes, with respect to the Product, usually identified as a decimal increment as with “version 1.1.x”.
“Upgrades” means enhancements incorporating added functions and improvements to the Products and/or the Documentation, usually identified as an integer increment as with “version 1.x”.
“Version” means a New Product incorporating added functions and improvements to the Products and/or the Documentation, usually identified as an integer increment as with “version 1”.
“Upgrade Fee” means a price set at the time of Version release, to allow an older version to be upgraded to the latest version, being the difference between the purchase price and the current version release or 25% of the original purchase price whichever is the greater”.
“New Product” means Products, which provide additional functionality and features and do not constitute Upgrades or Updates.
“Product” means any Software owned and supplied by CySight and excludes any third-party products.
”Good Operating Condition” means the Product functions in accordance with the Specifications and successfully completes all usual diagnostic tests.
“Software” means the computer software in object code, including any relevant Updates and Upgrades.
“Specification” means technical and performance specifications for the Products as supplied by CySight and as updated from time to time by written notice.
“Licensed Product” means CySight.
“Maintenance Contract” means that the annual Maintenance subscription service has been entered into by a customer by paying the maintenance prices for the term. Where Premium Support has been purchased this is added to the Maintenance Contract and, for the purpose of calculation for Reinstatement Fees and lapsed payment, it is the combined Maintenance fee and Premium Support fee that is considered as the Maintenance Contract.
"Tier" means the customer preferred licensing tier method agreed on license purchase.
"Collection Tier" means the maximum of collected flows per minute for each device.
• For licenses purchased under an agreed flow collection rate refers to the peak flows per minute of all flow traffic collated to a single database instance running stand-alone or as a clustered collection: Tier 1 is 0-100k, Tier 2 is 100k-500k, Tier 3 is 500k-1m, Tier 4 is 1m-1.5m, Tier 5 is 1.5m-2.25m, Tier 6 is 2.25m-4m, Tier 7 is 4m-10m.
"Retention Tier" means the maximum of Top N retained flows per minute for each device or interface based on the agreed licensing.
• For licenses purchased under an agreed Top N flows retained per minute per device (fpm) : Tier 1(Basic) is 100fpm, Tier 2 (Performance) is 500fpm, Tier 3 (Intelligence) is 2500fpm, Tier 4 (Ultra) is 5000fpm, Tier 5 (Compliance) is 25000, Tier 6 (Custom) is as quoted.
• For licenses purchased under an agreed Top N flows retained per Interface will be quoted and cannot exceed 500fpm per interface.
"IP Allocations Tier” means the maximum number of unique accounting definitions, and include any allocations already provided as part of the Retention Tier, and which can be made up of the fields; device, interface, account name, cost centre name, start ip address, end ip address.
“EndPoint Retention Tier” means the correlation allowance being twice the amount of the Retention Tier.
“Advanced Baselining Retention Tier” means the correlation allowance being twice the amount of the Retention Tier.
“Tiering Dimensions” means the Collection and/or Retention Tier and/or IP Allocations Tier and/or EndPoint Retention Tier and/or Advanced Baselining Retention Tier.
“True-Up Charge” means the customer must pay the difference in the licensing fees which occurs when the number of actual software license Tiering Dimensions exceeds the number contracted for in the initial contract.
A True-Up arrangement allows you to exceed your contract's Tiering Dimensions as agreed from time to time. At the end of each quarter, you are required to submit a statement of usage reflecting your actual usage over the preceding three months (the True-Up Term). If your reported usage exceeds your initial license volume or any license volume agreed during the last True-Up, you will be subject to a True-Up Charge.
Any True-Up Charges and Upgrade Fees include:
• email support
• access to all Upgrades, Updates, Patches.
• access to all New Versions.
Maintenance allows access to all Updates, Upgrades and Extended Features and includes email support. Updates, Upgrades and Extended Features are only provided to customers who are licensed to use the Software and have a current Maintenance Contract. If Annual Maintenance is unpaid for more than 30 days the current license will be considered void and Extended Features will cease to function and the license usage will be subject to disposal terms as per our Software License Terms and Conditions and any new Updates, Upgrades, Extended Features and Versions will be at the then-current list price unless reinstated on written agreement with CySight.
Maintenance covers the 12-month term from the license purchase date or anniversary renewal date only. Where practical, Maintenance of Add-on licenses will be consolidated at the anniversary renewal date of the original base license. Maintenance licenses cannot be downgraded until the end of the contract term. If a license is upgraded mid-term, the term will be restarted and anniversary date of the term will move to the date of the upgrade. A minimum payment of 12 months is required for the start of the new term, less the remainder of the prorated amount of the balance of the original term. If a new term is more than 6 months from the last anniversary date then cost-of-living increases may be applied.
Where Maintenance is requested to be at a fixed rate paid in advance for a period beyond a 12-month term then Maintenance is required to be purchased for the full extended term in advance.
Licenses are allocated per collector and may not be split between collectors.
Licenses are subject to CySight terms and conditions, warranties, and end-user license agreements. Refer to: Software License Terms & Conditions and CySight’s limited Warranties.
Maintenance cannot be relied upon to replace a support agreement. It allows for a set number of hours per quarter over 12 months until the anniversary date of the purchase date.
Allocated maintenance hours cannot be carried forward. Ad-hoc support is available on-demand as per hourly rates or support agreement.
Reinstatement of Maintenance Contract: If a Maintenance Contract is terminated for any reason, or if you wish to renew a Maintenance Contract more than thirty (30) days after a Maintenance Contract has been terminated, you may reinstate or renew the Maintenance Contract, at CySight’s sole option, provided that (i) CySight offers Maintenance Contracts to its customers generally for the Licensed Product in question, and (ii) you pay CySight the following: all applicable Maintenance Contract fees for the period during which you were off the Maintenance Contract, and CySight's then-current Reinstatement Fee, plus payment for the new Maintenance Contract term.
"Reinstatement Fee" is computed as follows: (a) if the Maintenance Contract has lapsed, then the reinstatement fee is 25% of the last annual Maintenance Contract fee you paid for the relevant program; (b) if you never acquired a Maintenance Contract for the relevant programs, then the reinstatement fee is 25% of the net Maintenance Contract fee that would have been charged if the Maintenance Contract had been ordered originally for the relevant program; per CySight’s support pricing policies in effect at the time of reinstatement. The reinstatement fee in (a) shall be prorated from the date the Maintenance Contract is ordered back to the date the Maintenance Contract lapsed. The reinstatement fee in (b) shall be prorated back to the original program license order date.
In addition to the Reinstatement Fee described above, you must pay the Maintenance Contract fees plus any Renewal adjustments for the support period. This Maintenance Contract fee is computed as follows: (i) if the Maintenance Contract lapsed, then the Maintenance Contract fee for a twelve-month support period shall be the last annual Maintenance Contract fee you paid for the relevant program; (ii) if you never acquired a Maintenance Contract for the relevant program, then the annual Maintenance Contract fee shall be the fee that would have been charged if a Maintenance Contract had been ordered originally for the relevant program per CySight’s support pricing policies in effect at the time of reinstatement. Renewal adjustments are subject to a cost-of-living increase and any new taxes or duties or other amounts that increased the Maintenance Contract may be applied to the annual Maintenance Contract fee described in (i) and (ii) above. If you previously acquired a Maintenance Contract from a CySight authorized distributor and are now acquiring a Maintenance Contract directly from CySight, additional fees may be added to the Reinstatement Fee and your Maintenance Contract fee.
These Terms are subject to change. Your current term will be provided together with the Maintenance Certificate of Currency on request.
Notes
Licenses are subject to CySight terms and conditions, warranties, and end user license agreement.
Software License Terms & Condition viewtopic.php?f=18&t=45
CySight’s limited Warranties viewtopic.php?f=18&t=240
This is not a Support Agreement
Support that falls outside Maintenance requires a support agreement to be purchased for remote online support such as health checks, upgrades, professional services, configuration assistance, emergency repair outside of maintenance - pricing available on request.