Terms & ConditionsDefinitions
“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.
“Updates” means a software modification that corrects defects, or implements bug fixes, in respect of 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 IdeaData 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 IdeaData 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 preference.
- For licenses purchased under an agreed Top N flows retained per device : Tier 1 is 100, Tier 2 is 200, Tier 3 is 500, Tier 4 is 1000, Tier 5 is 2000, Tier 6 is 5000
- For licenses purchased under an agreed Top N flows retained per interface : Tier 1 is 50, Tier 2 is 100, Tier 3 is 300, Tier 4 is 500, Tier 5 is 1000, Tier 6 is 2000.
“True-Up Charge” means the customer must pay the difference in the licensing fees which occurs when a customer compares the number of actual software license users to the good faith estimate of the initial contract.
You are allowed to exceed your contract's Collection Tier capacity with no limitation on flow usage or for any Retention Tier as agreed from time to time. At the end of each year, you will be required to submit a statement of usage reflecting your actual usage over the preceding twelve 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.
Maintenance is calculated at 25% of the purchase price and any True-Up Charges and Upgrade Fees and includes:
- email support
- access to all Upgrades, Updates, Patches.
- access to all New Versions.
Maintenance allows access to all Updates, Upgrades and includes email support. Updates and Upgrades 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 90 days the current license will be considered as disposed and some features may 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, and Versions will be at the then-current list price unless reinstated on written agreement with IdeaData.
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.
Where Maintenance is requested to be at a fixed rate paid in advance for a period beyond a 12-month term then Silver 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 IdeaData terms and conditions, warranties, and end-user license agreements. Refer to: Software License Terms & Conditions
and IdeaData’s limited Warranties
Maintenance cannot be relied upon to replace a support agreement. It allows for a set amount of hours per quarter over 12 months until the anniversary date of the purchase date. Allocated maintenance hours cannot be carried forward. Adhoc 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 be permitted to reinstate or renew the Maintenance Contract, at IdeaData's sole option, provided that (i) IdeaData offers Maintenance Contracts to its customers generally for the Licensed Product in question, and (ii) you pay IdeaData the following: all applicable Maintenance Contract fees for the period during which you were off the Maintenance Contract , and IdeaData's then-current Reinstatement Fee plus payment for the new Maintenance Contract term.
"Reinstatement Fee" is computed as follows: (a) if the Maintenance Contract 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 IdeaData’s support pricing policies in effect at the time of reinstatement. The reinstatement fee in (a) shall be prorated from the date a Maintenance Contract is ordered back to the date a 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 IdeaData’s support pricing policies in effect at the time of reinstatement. Renewal adjustments are subject to a minimum 5% cost-of-living increase per annum 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 an IdeaData-authorized distributor and are now acquiring a Maintenance Contract directly from IdeaData, an uplift 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.