Maintenance and Support Policy for Solutions

1. Introduction

While working with Progress^® Web Experience^®, Progress^® Health Cloud^® and Progress^® Kinvey^® (“Progress Solutions”) there is a chance of encountering situations that require swift technical assistance and issue resolution. With the PLATINUMpro, GOLDpro or SILVERpro service level support Progress offers options to manage those challenges.

Unless otherwise stated, this Maintenance and Support Policy for Progress End Users applies only to maintenance and support for Supported Products as defined in Section 1.1.k:

1.1. Definitions

a) “Defects” means defects in the distribution media (if any) or material differences between the operation of the Supported Product and the description of the operation of the Supported Product as provided in the technical documentation issued with the Supported Product.

b) “End User” means (i) a party who has obtained one or more Supported Product(s) or a subscription for the Supported Product(s) directly from Progress and (ii) is licensed to access and use the Supported Product(s) in accordance with the terms and conditions of the License Agreement. If you have purchased your Progress Solution through a partner or reseller, your access to Progress support is as described to you by your partner or reseller.

c) “License Agreement” means (i) a written mutually-executed license agreement between Progress and End User that governs End User’s use of the Supported Product; or, if no such mutually-executed license agreement exists, (ii) Progress end user license agreement accompanying the Supported Product that is subject to click thru acceptance by End User or the service agreement for the applicable hosted product(s).

d) “Major Version” typically contains major new product functionality and may also contain minor enhancements and/or bug fixes which are made generally available by Progress to its End Users during a Support Period.

e) “Progress” means either Progress Software Corporation or, if the End User has entered into a License Agreement with a Progress Affiliate, then such Progress Affiliate.

f) “Progress Affiliate” means any corporation, firm, partnership or other entity that directly or indirectly controls, is controlled by, or is under common control with Progress Software Corporation. For the purposes of this definition, “control” means ownership, directly or indirectly, of more than fifty percent (50%) of the voting shares or other equity interest in an entity.

g) “Service Pack” typically provides product updates and bug fixes and/or documentation changes which are made generally available by Progress to its End Users during a Support Period.

h) “Severity Levels” means the level assigned by Progress to categorize the type of request or Defect reported by End User to Progress to indicate the severity of an event applicable to the Supported Products. An overview of the levels of severity can be found in Table 4 below.

i) “Support Period” means the applicable period as follows: For subscription services the period during which End User has purchased a subscription for the Progress Solution(s) or an enhanced Support Plan. For any Progress Solutions licensed under a perpetual license model, Support Period means the then current Maintenance and Support Period (as defined in Section 6.1 below) purchased by End User from Progress including such Progress software products that are classified as being in the Mature Phase or a Retired Phase. For any such Progress software products in the Mature Phase or Retired Phase, limitations in the scope of technical support apply.

j) “Support Plan” shall mean the applicable range of Support Services provided to the End User depending on the type of license purchased.

k) “Supported Product(s)” mean the Progress Solutions which are covered by a Support Period.

1.2. Applicability of License Agreement

All Supported Products along with any other products, documentation and media made available to the End User will be subject to the terms and conditions of the License Agreement. Any inconsistency between this Maintenance and Support Policy for Progress End Users and the License Agreement will be determined by giving precedence to the License Agreement except where it is expressly stated otherwise.

1.3. Maintenance and Support Policy Updates or Discontinuance of Support Product

This Maintenance and Support Policy for Progress End Users is subject to change at Progress’ discretion.

Updated policy documents will be published from time to time on the Support Resources section of the Progress website. In the event Progress revises or updates this Maintenance and Support Policy in a manner that would result in a significant reduction in the level of the maintenance and support services provided for the Supported Products or Progress discontinues maintenance and support for one or more Supported Products during a Support Period, then such changes will not apply during any then current Support Period. Such changes will take effect at the start of the Support Period immediately following the Progress release of the updated Support Policy (“Next Support Period”).

If End User who is using Progress Solutions licensed under a perpetual license model has prepaid one or more annual maintenance and support periods beyond the Current Annual Maintenance Period and (a) End User does not agree with the changes that Progress has made to the Support Policy or (b) Progress has discontinued maintenance and support for the Supported Product(s), End User may terminate such prepaid annual maintenance and support periods, and obtain a prorated refund of the annual maintenance and support fees paid for the unused portion of such prepaid annual maintenance and support periods beyond the Current Annual Maintenance Period, by providing Progress notice of such termination within thirty (30) days of the commencement of the Next Annual Maintenance Period. In the event End User has terminated maintenance and support in accordance with this paragraph, End User will lose all benefits of maintenance and support.

2. Methods of Obtaining Technical Support

End User will receive the following support services regarding the Supported Products during a Support Period: (i) Online Support; (ii) Telephone Support; (iii) access to all generally available Service Packs, Major Versions and Enhancement Versions and (iv) the services generally available for the offering ordered, as further described in Section 3 below.

2.1. Online Support

Progress customer portals will be the End User’s place to receive the latest information from Progress and submit support requests. Progress customer portals will also provide End Users with a quick view of open support cases. To access these Progress customer portals, End Users will need to register. Please refer to the user instructions that come with the Supported Product for more information.

Self-service resources such as forums and knowledgebases may be found here or on any other designated website for this purpose.

Online Support portals and self-service resources may be found here or on any other designated website for this purpose.

Please refer to the above-mentioned websites for information on technical tips, FAQs, whitepapers and notes for the latest updates to the Supported Products. Use of these materials are subject to the website’s terms of use.

2.2. Telephone Support

Telephone support is available within each geographical region during the Maintenance and Support Hours stated below for such geographical region. If the End User requires Telephone support outside the Maintenance and Support Hours for the End User’s geographical region, the End User should still use the phone number applicable for the End User’s geographical region; however, the call will be re-directed, at Progress’ election, to the then open support center in another geographical region or to an afterhours support representative on call within the closed geographical region. Telephone support is available in English on a 24x7 or 8x5 basis, depending on the support offering the End User has selected.

Telephone contact information may be found at:

For Progress^® Web-Experience^®: here or on any other designated website for this purpose.

For Progress^® Kinvey^® and Progress^® Health Cloud^®: here or on any other designated website for this purpose.

End Users with GOLDpro and SILVERpro support can call during standard business hours listed in the table below. While the telephone is a good vehicle for resolving issues in certain situations, the email and forum support may be more efficient for resolving some issues.

Table 1. Standard Maintenance and Support Hours and Phone Number by Region

3. Types of Support Offerings

Subject to the terms of this Maintenance and Support Policy for Progress End Users, End Users will receive the technical support services generally available under the chosen support offering.

Progress annual maintenance and support offerings share a common infrastructure for telephone and Web based access to technical support personnel and other Progress support tools and resources.

Progress provides three annual maintenance and support offerings:

• PLATINUMpro Maintenance and Support

  PLATINUMpro Maintenance and Support is designed for environments and systems where it is important to minimize downtime. It includes all of the services available in the GOLDpro Maintenance and Support offering (see below). A key feature of PLATINUMpro support is the assignment of a Customer Success Manager (“CSM”) to coordinate the End User’s technical support relationship with Progress.

  PLATINUMpro is the highest level of support available for End Users of the Supported Products. It provides amongst others personalized technical support service.

  Service-Level Benefits

  In addition to all services available for GOLDpro, PLATINUMpro Maintenance and Support provides:

  • Designated Customer Success Manager (CSM)
  • Faster first response times (compared to those covered by GOLDpro Maintenance and Support) and priority routing of the End User´s support cases
  • Response to Severity 1 issues in fewer than 30 minutes
  • Proactive and personalized service approach to help the End User´ maximize the End User´s Solution investment
  • Higher influence on product roadmaps, with direct access to Product Management and Engineering (coordinated by a CSM)
  • Quarterly conference calls and executive reports about the End User´ specific business needs and priorities
  • One CSM visit at the End User´s location per year

  Designated Customer Success Manager Benefits

  The CSM’s goal is to help the End User achieve its business objectives and make the most out of its investment by:

  • Coordinating all the End User´s Supported Products support cases within Progress
  • Being knowledgeable about the End User´s specific Progress Solution environment and business needs
  • Managing the End User´s case escalations and providing regular status updates
  • Helping the End User reproduce issues by coordinating online sessions (e.g. WebEx, GoToMeeting) as needed
  • Assisting with workarounds and providing estimated resolution timeframes on reported product Defects
  • Assisting with product enhancement requests and providing status updates
  • Facilitating product roadmap discussions and notifying the End User of product releases
  • Serving as the End User´s customer advocate and liaison to Progress Product Management, Engineering and Executive Teams
  

• GOLDpro Maintenance and Support

  Under GOLDpro Maintenance and Support the Progress technical support team is available 24x7 for reporting an issue. If End User has chosen this support offering and experiences a Severity issue with the Severity Level of 1 or 2 outside the normal business hours in the time zone of the country in which End User resides, it is recommended that End User telephone for support (as opposed to submitting a support request online via the Progress customer portal). See section 2.2 above for guidance on how to obtain Telephone support outside of the Maintenance and Support Hours applicable for the End User’s geographical region.

• SILVERpro Maintenance and Support

  Under SILVERpro Maintenance and Support the Progress technical support team is available 8x5. See sections 2.1 and 2.2 above for guidance on how to obtain online and telephone support and refer to Table 1. for Maintenance and Support Hours

  Upgrade from any of the level support offerings is possible at any time that Progress makes a Support Plan available for an applicable Progress Solution at a particular level. Once upgraded a Support Plan cannot be downgraded until renewal of the relevant subscription period as set out in the relevant order.

  The following Progress support offering tables describe the entitlements, availability and services under the relevant support offering:

Table 2. Service Level Objectives

Service Level Objectives	First response time*1
	PLATINUMpro	GOLDpro	SILVERpro
Severity 1 Direct contact with a live support engineer or call-back within	30 minutes	1 hour	1 hour
Severity 2	1 hour	2 hours	4 hours
Severity 3	4 hours	6 hours	1 day

*¹Above first response times are expressed in business hours and calendar days. Progress measures its performance against the Service-Level Objectives (SLOs). Progress strives to meet the time frames listed above for 80% or more of the cases. These are provided for information purposes only. They are neither legal commitments nor agreements and may be updated at any time at the discretion of Progress.

Table 3. Support Features

Support Features	PLATINUMpro	GOLDpro	SILVERpro
Designated remote CSM: Orchestrates all of the End User’s support requests Coordinates access to Product Management and Development team as appropriate Knowledgeable about End User’s business and technical implication of End User’s issues Receives notification of issue escalations	x
One CSM onsite visit at End User’s location per year to discuss support needs as required	x
Quarterly personalized conference call with the End User to review call status	x
Quarterly executive tech support summary report	x
Directed focus of senior technical support engineers	x
Priority queuing	x
Access to Technical Support Engineers	24x7	24x7	8x5
Remote diagnostics where appropriate	x	x	x
Online access to log, update, track and escalate support requests	x	x	x
Knowledgebase	x	x	x
Progress Community support forums	x	x	x
Access to new releases	x	x	x
Access to Service Packs	x	x	x
Access to bug fixes	x	x	x

End Users can set the severity level of a case initially by discussing with the Technical Support Engineer. Technical Support will review the severity level assigned and adjust if required then allocate the appropriate resources. Progress will use commercially reasonable efforts to resolve reported cases. If a practical workaround or temporary solution is identified, the severity level will be re-evaluated.

Table 4. Severity Definitions

SEVERITY 1
Definition	Production System Down: A production system has gone down. A severe problem that prevents an existing production system from operating where no workarounds can be implemented. Issues of this type could be: A hang, crash or uncontrolled termination of the system Corruption or mission critical loss of data A security violation A failure of the system to start or connect
Response	Technical Support will respond within the times outlined in Table 1 when notified of the case by telephone.
Service Level Commitment	Customer Support will assign Technical Support Engineers fulltime to provide continuous support until the case is either resolved or circumvented. The customer must be committed to making the relevant documentation, system and personnel resources available round the clock to assist in resolving the case. If the customer resources are unavailable, or if Support is able to provide a temporary solution, the severity level will be re-evaluated.
SEVERITY 2
Definition	Restricted Operations: A loss of service resulting in restricted business operations. A less severe problem that may restrict a production system but does not prevent it from operating. The problem may affect development, testing or migration efforts. Issues of this type could be: Severe performance problems Product logging issues that impact critical application operations Production down issues for which a workaround has been implemented
Response	Customer Support will respond within the times outlined in Table 1 when notified of the case by telephone, email or web.
Service Level Commitment	Customer Support will assign a Technical Support Engineer to investigate the reported case to resolution. The customer must be committed to making the relevant documentation, system and personnel resources available to assist in resolving the case. If Support is able to provide a temporary solution, the severity level will be re-evaluated to determine the appropriate course of action.
SEVERITY 3
Definition	Question/Inconvenience: A limited loss of service resulting in minimal impact to business operations. A problem with little or no impact to production, testing or development systems. Nuisance issues, or questions about product functionality and usage. Issues of this type could be: GUI or cosmetic issues Nuisance issues that do not restrict the usage of the product Questions regarding the usage of, or future plans for, the product
Response	Customer Support will respond within the times outlined in Table 1 when notified of the case by telephone, email or web and will assign the next available Support Specialist.
Service Level Commitment	Customer Support will assign a Technical Support Engineer to investigate the reported case to resolution. If the problem is determined to be a product Defect, the Technical Support Engineer will verify the existence of the Defect and document it accordingly.

4. Severity Definitions

Sometimes extra attention on an End User´s case is required. The case severity that the End User specifies provides Progress with essential information. But there are also cases where there is a critical business impact Progress might not be aware of and an escalation of the case is necessary.

4.1. When Should a Support Case be Escalated?

All End Users with PLATINUMpro, GOLDpro, or SILVERpro can initiate an escalation in case of:

• Low satisfaction with the level or timeliness of our support service
• The impact to the End User´s production environment is increasing
• There is high risk of interrupting business operations

4.2. What Happens When a Support Case is being escalated?

When a support case is escalated Progress will respond promptly and arrange conference calls and status updates as appropriate. If the escalated case is due to a Defect of the Supported Product, Progress will work with the appropriate resources such as Engineering to develop an acceptable solution or workaround. Any required temporary fix will be prioritized and processed based on the Severity Level of the issue, impact on the End User´s business and availability of a workaround.

4.3. How Does the End User Escalate a Support Case?

Before escalating a support case, the End User is kindly asked to review and verify the following information about the case:

• Is the problem statement correct?
• Does the support request accurately describe the business impact?
• If there is a workaround, is it impractical or inappropriate?
• Is there a critical milestone date specified in the support request?

Once these steps have been taken, the End User may escalate a case by contacting the assigned Technical Support Engineer and requesting the escalation of the case. In case of dissatisfaction with the outcome of the escalation request, the End User may contact the respective Regional Escalation Manager listed below. They will review the escalation details and contact the End User to discuss an action plan to ensure the respective support case receives the level of priority and attention required. The relevant case numbers help Progress to quickly identify the case owners. The End User may advise the Escalation Manager of the situation including what actions are required from the appropriate Solution team, production dates or deadlines that may be adversely affected and any other anticipated business impact, if the case is not promptly resolved. The Escalation Manager is empowered to make a judgment on the next steps.

Table 5. Escalation Contacts: Please attempt to contact the regional contact first and proceed to the worldwide contact as necessary

Region	Technical Support Escalation Manager*2	Contact
EMEA	Progress® Web Experience®: Mohammed Yakhoob Hussain	mohhussa@progress.com +91 40 45106020 Hyderabad, TS – India
	Progress® Kinvey® and Progress® Health Cloud®: Lyubomir Dokov	Lyubomir.dokov@progress.com +1 919-461-4348
Americas	Progress® Web Experience®: Glenn Mulno	gmulno@progress.com + 1 781 280 4852 Waltham, MA – USA
	Progress® Kinvey® and Progress® Health Cloud®: Billy Gee	william.gee@progress.com +1 919-461-4350
APJ	Progress® Web Experience®: Mohammed Yakhoob Hussain	mohhussa@progress.com +91 40 45106020 Hyderabad, TS – India
	Progress® Kinvey® and Progress® Health Cloud®: Billy Gee	william.gee@progress.com +1 919-461-4350
Worldwide	Progress® Web Experience®: Catherine Galica	galica@progress.com +1 781 280 4794 Burlington, MA – USA
	Progress® Kinvey® and Progress® Health Cloud®: Ivan Stoyanov	ivan.stoyanov@progress.com +1 919-461-4349

^*2The appointment of the Technical Support Escalation Manager is subject to change at Progress´ discretion.

5. What Is and Is Not Covered

5.1. What Is Covered

Progress provides assistance on issues of an operational or administrative nature encountered during the use of the Supported Products by the End User.
Progress will provide maintenance and support services that the End User is eligible to receive depending on the type of support offering as listed above.
Besides the services of the Technical Support team, the End User is entitled to access and use the Supported Products as they exist on that day during a Support Period.
Additionally, each End User who has a Support Period for their Supported Products licensed to that period may be eligible for additional benefits. For example, protection of trade-in-value for licensed products; meaning that the value paid for those Supported Products that are under a Maintenance and Support Period, is preserved should technical and business requirements necessitate changes. Additional pricing may apply to these additional benefits.

5.2. What Is Not Covered

The Progress Technical Support team does not provide support for:

1. Debugging custom code
2. Performance tuning of the End User’s applications or third-party products
3. Training or consulting services
4. Any customizations, extensions or other modifications made to the Supported Products unless agreed to by Progress in writing
5. Machine errors
6. The End User’s failure to follow operating instructions
7. Use of the Supported Product(s) in a way that is not in accordance with the License Agreement or the technical documentation issued with the Supported Product
8. Any data or files not supplied by Progress as part of the Supported Products
9. Any custom development, integration or implementation, project upgrades or project migrations
10. Any third-party product integrations prescribed by or custom to the End User

More information on the scope of support for Web Experience is available at the following link or on any other designated website for this purpose.

6. Term and Termination; Fees

6.1. Term for Progress Solutions licensed under a perpetual license model

For Progress Solutions licensed under a perpetual license model, a Maintenance and Support Period means a twelve (12) month support period for an initial order, commencing upon the date of shipment of the Supported Product(s) and for a renewal order, upon the day following the expiration date for the prior support period. Progress is not obliged to provide maintenance and support beyond the end of the applicable Maintenance and Support Period.

Additional fees may apply to the fee for Maintenance and Support whether the End User renews prior or post termination of the Support Period.

6.2. Term for Progress Solutions licensed under a subscription license model

For Progress Solutions licensed under a subscription license model, Maintenance and Support will be provided at the specified Support Plan level stated in the order document governing the subscription for the Subscription Period set out in the order. The fees for such Maintenance and Support are included in the subscription fee set out in the applicable order document.

Additional fees may apply to the fee for Maintenance and Support whether the End User renews prior to the expiration of the active subscription or post expiration.

6.3. General termination terms

Notwithstanding the above in Section 6, Maintenance and Support may be terminated in accordance with the terms of the applicable License Agreement with the End User. In particular, Support and Maintenance shall terminate immediately in the event that the license granted to the End User is terminated for breach according to the provisions of the applicable Licensee Agreement.

7. Limitation of Liability; Force Majeure

This Maintenance and Support Policy for Progress End Users defines a service arrangement and is not a warranty. The Supported Products and materials and services related thereto provided to End User are subject exclusively to the warranties (if any) and limitations on liability set forth in the License Agreement.

8. Privacy

Progress provides the Support Services in accordance with Progress’ privacy policy. For more information about Progress’ privacy policy, please visit the following link or on any other designated website for this purpose.

9. Miscellaneous

Any maintenance and support services described in this Maintenance and Support Policy for Progress End Users may be performed by and/or assigned to an affiliated company or third party which Progress allocates from time to time to provide such maintenance and support services to End Users.