SERVICE LEVEL AGREEMENT FOR SAAS, CLOUD AND HOSTING SERVICES

Checkmarx will provide no less than ninety-nine point five percent (99.5%) Availability of the cloud-based services, including software and services offered in a software-as-a-service or hosted delivery model (the “Cloud Services”), as calculated on an annual basis, subject to the Exclusions below.

% Availability = (Uptime – Time Unavailable) / Uptime

Uptime = (Total Time (24/7)) – (Scheduled Maintenance Windows)

“Availability” shall mean the portion (in percentage terms) of Uptime that the Cloud Services are Available for Use (as defined below):

“Available for Use” shall mean that all of the supported functions and features of the Cloud Services are capable of sending and receiving data to and from the Internet.

“Scheduled Downtime” shall mean the total minutes during the year represented by the Scheduled Maintenance Window.

“Service Level Period” means 24×7: 24 hours a day, 7 days a week, 365 days a year.

“Time Unavailable” shall mean any period of time during the applicable Service Level Period that the Cloud Services are not Available for Use, except for the Exclusions set forth below.

“Uptime” shall mean the total minutes during the year less the total minutes represented by the Scheduled Downtime.

Time Unavailable – Exclusions

Time Unavailable shall not include the aggregate amount of time during which the Cloud Services are not Available for Use due to:

1. Scheduled maintenance, provided that such scheduled maintenance occurs during scheduled maintenance windows, currently between the hours of Friday 10:00 pm and Sunday 11:00 pm, Eastern US Time (the “Scheduled Maintenance Window”);

2. Emergency maintenance – Checkmarx may perform any reasonably required, emergency maintenance work outside of the Scheduled Maintenance Window with one (1) hour prior electronic mail or other notice to Customer;

3. Interruptions in third party networks that prevent Internet users from accessing the Cloud Services, provided that the data center is served by redundant connections to the internet from multiple internet service providers;

4. Scheduled or emergency maintenance performed by the infrastructure provider.

Last Updated: August 1, 2021

Version: v080121