Simbian Security Accelerator Service Level Agreement

This Service Level Agreement (“SLA”) defines the parameters of the performance levels of the Simbian Security Accelerator Service ( “Service”) and also specifies the remedies available to Customer in case Simbian fails to achieve the levels. This SLA only applies to the paid production version of the Service and is explicitly excludes any promotional or trial customers.

1. DEFINITIONS

All capitalized terms used in this SLA but not defined will have the meaning ascribed to the term in the Agreement. The following additional definitions apply to this SLA.

• “Downtime” means a failure to access the Service over a five-minute period where at least 10% of valid requests from Customers were not completed by the Service.
• “Scheduled Availability” shall be defined as 24 hours a day, 7 days a week, excluding any Downtime resulting from or in connection with: (i) any unauthorized use of the Service by Customer, (ii) Customer’s vendor(s), service providers, or any third party connections, utilities, or equipment; (iii) scheduled maintenance; or (iv) any conditions beyond Simbian's reasonable control, including but not limited to internet outages or outages in connection with Customer’s network or internet access. All scheduled maintenance will be conducted following at least forty-eight (48) hours advance notice.
• “Uptime Commitment” means Simbian keeping Service available 99.9% of the time as measured by the Service didn’t experience Downtime divided by the Scheduled Availability over a month.

2. REMEDY

• If Simbian fails to meet the Uptime Commitment during the Service Term, Customer may claim service credits according to the table below, provided Customer notifies Simbian in writing of a failure to meet the Uptime Commitment within thirty (30) days of the date giving rise to the claim that the Uptime Commitment was not met, and such notice includes information reasonably necessary to support such claim.
  
  Notwithstanding anything to the contrary in this Schedule or the Agreement, the remedy in this Section 2 is the Customer’s sole and exclusive remedy, and Simbian’s entire liability with respect to any claims in connection with or arising from Simbian’s obligations with respect to this Service Level Agreement.

3. Request for Problem Resolution

The Customer’s request for issue resolution will be logged after which Simbian will perform an initial diagnosis and determine as far as reasonably practical the source of any problem which may have led to the support request. Simbian will respond to support requests according to the priority levels, and support levels specified in the table below. Simbian will determine, in its sole discretion, the applicable priority and all response times shall commence at the beginning of the next business day for requests for problem resolution that are logged during non-business hours, unless otherwise specified herein.