SOFTWARE MAINTENANCE, UPGRADES AND SUPPORT

Subject to Customer’s payment of the applicable fees, Checkmarx will provide the following software maintenance, upgrades, and support services (“Software Maintenance and Support”) for the licensed Checkmarx software (the “Software”) during the term set out in the Quote in accordance with the Standard/Premium level of support (the “Support Level”) purchased by Customer.

Definitions

“Business Day” means (Customer’s local time): 9am – 5pm, during any business day which is not a holiday.

“Documentation” means the Software documentation located at: https://www.checkmarx.com/documentation.

“Error” means a failure of the Software to operate in material compliance with the Documentation.

“Support Coverage” means the time during which Customer is entitled to receive support services, according to Customer’s Support Level:

1. Standard: during a Business Day
2. Premium: 24 hours per day, 365 days per year

“Workaround” means a patch, hotfix, temporary error correction or change in operating procedure allowing Customer to continue to use the Software.

Support Requests

Customers entitled to Software Maintenance and Support may submit support requests 24 hours per day, 7 days per week via telephone or the Checkmarx Customer Service Portal. Priority 1 support requests should be submitted via email and telephone.

Customer Service Portal	https://support.checkmarx.com
Telephone	See: https://www.checkmarx.com/contact/

Upon receipt of a Customer support request containing an Error report, Checkmarx shall acknowledge the request within the Initial Response Time set out in the below table, according to priority classification.

Priority / Description	Initial Response Time during Support Coverage	Next Steps
Priority 1 (Critical): the Software is not functioning.	Standard: 6 hours Premium: 2 hours	Checkmarx and Customer will commit the necessary resources until a Workaround or reduction in the severity of the Error is achieved.
Priority 2 (Severe impact): major functions of the Software are disabled or unavailable. The Software is partially inoperative, but some features are still usable by Customer.	Standard: 12 hours Premium: 4 hours	Checkmarx and Customer will commit resources during normal business hours until a Workaround is achieved or a specific action plan for how Checkmarx will address the Error is provided to Customer.
Priority 3 (Minor Impact): the Software is usable, and the problem consists of inconvenience or minor failures involving individual components of the Software. Errors in the Documentation.	2 Business Days	Checkmarx shall commit resources to address the Error at Checkmarx’s discretion.

Software Maintenance

Maintenance releases are updated versions of the Software which are provided to Customers entitled to receive Software Maintenance. Maintenance releases shall be made available by Checkmarx upon general availability of the release. Maintenance releases are subject to the terms and conditions set out in the underlying license agreement governing Customer’s use of the Software.

Additional Terms

1. Customer shall designate up to two support contacts to serve as the primary point of contact for Customer’s support requests.
2. It is Customer’s responsibility to designate the priority level classification when submitting the initial support request. The final priority classification shall be determined by Checkmarx based on the criteria set out above.
3. Checkmarx is not responsible for issues arising outside of the Software, including but not limited to database issues, system interfaces, or unsupported third-party hardware or software. Checkmarx is not responsible for issues arising from misuse of the Software, unauthorized modifications of the Software, or use of the Software in a manner other than described in the Documentation.
4. Customer is required to provide Checkmarx with reasonable cooperation and assistance. Checkmarx shall not be responsible for failure to meet its service level obligations to the extent caused by Customer’s failure to provide reasonable support and assistance to Checkmarx.
5. All support is provided remotely unless otherwise agreed by the Parties. Remote support shall be provided via Zoom or other mutually agreed means. If Customer requires the use of specific remote connectivity software, it is Customer’s responsibility to make the software available.
6. For on-premises Software, Support is provided for the current version of the Software and the most recent previous version. Some Error resolutions may require Customer to update the Software to the current version.
7. For Software offered in a software-as-a-service (“SaaS”) delivery model, Customer acknowledges that Checkmarx may make updates to the Software from time to time to improve the Software, to provide an improved Customer experience, or to make other changes and updates that Checkmarx determines to be reasonable or necessary.