Anaconda Support and Maintenance Policy

Anaconda Support and Maintenance Policy

This Support and Maintenance Policy (“Support Policy” or “Policy”) sets forth the terms and conditions applicable to the support and maintenance services (“Support Services”) to be provided by Anaconda, Inc. (“Anaconda”) to the person or entity (“Customer”) bound by a separate agreement to the licensed Anaconda Products (the “Subscription Agreement”) and is subject to the terms and conditions of that Subscription Agreement and the terms of this Support Policy. Support Services are provided for the term specified in the applicable Order Form.


  1. DEFINITIONS

Capitalized terms used in this Support Policy and not otherwise defined herein are defined at https://anaconda.com/definitions.

  1. SCOPE OF ANACONDA SUPPORT SERVICES


  1. Support Service Tiers. When Customer subscribes to and/or licenses an Anaconda Product, Customer will receive Tier 1 and Tier 2 Support in accordance with the Service Levels outlined in APPENDIX A.
    1. Tier 2 Support Restrictions. Unused Tier 2 Support Hours from any existing Order Form or SOW may be applied to other Customer-initiated support projects, provided that the unused hours are reduced in direct proportion to the hours applied to such project(s).
      1. At the end of each calendar year, unused Included Tier 2 Support Hours expire and will not roll over to the next calendar year.

      2. Additional Tier 2 Support Hours can be purchased at the quantity-based rates listed in the Schedule above. Such additional Tier 2 Support Hours expire one (1) year after purchase.

    2. Additional Support. Additional Services can be purchased according to the following Support Service fee schedule (“Schedule”):

SUPPORT SERVICE

DESCRIPTION

QUANTITY

FEE

Tier 1 Support

(For Anaconda Commercial Edition)

Includes basic package availability and interoperability questions.

Tier 1 Support Tickets per month

[See APPENDIX A]

Included

Additional Tier 1 Support Tickets.

10 Support Tickets

20 Support Tickets

50 Support Tickets

$5,000

$10,000

$25,000

Tier 2 Support

(For Anaconda Commercial Edition)

Includes projects and customer specific support needs (i.e., package interoperability issues, building conda packages, etc.).

Tier 2 Support Hours per calendar year

[See APPENDIX A]

Included

Additional Tier 2 Support Hours.

1-39 Support Hours

40+ Support Hours

$350 per hour

$300 per hour


  1. Anaconda provides Support Services for:
    1. Supported Versions of the licensed Product according to the relevant Anaconda Update Process (defined below);

    2. Product(s) covered by an active Subscription Agreement for Support Services;

    3. Licensed Product that has been installed by Anaconda or an authorized Anaconda technology partner and has been at all times used in accordance with the Documentation, unless the Product is deemed by Anaconda in the relevant Subscription Agreement to be self-installable; and

    4. Subscription Products covered by an active Subscription Agreement for Support Services.


  1. Anaconda is not obliged to provide Support Services if:
    1. The Product is altered or modified other than as approved by Anaconda, or any portion of the Product is incorporated with or into other software not approved by Anaconda;

    2. The Product has been subject to misuse such as changing the installation at the registry level in an unsupported way, or other misapplication of the Product;

    3. The Product is installed on any computer hardware/software configurations not supported by Anaconda Support;

    4. The Product has not been used in accordance with the limitations of the Subscription Agreement and/or the applicable Order Form; or

    5. The Product Subscription has expired.


  1. The Anaconda Support team engages other internal operational teams, as necessary, in order to investigate and respond to Issues raised by the Customer. Where Product is licensed and hosted within an Anaconda data center as a managed service, Anaconda commits to service availability as defined in APPENDIX B.


  1. Anaconda reserves the right to withdraw Support Services where persistent and unreasonable requests are made. Such examples include inability to provide diagnostic information or participate in investigation efforts, repeated requests about previously resolved cases, or recurrent questions to which answers appear in the Documentation supplied.


  1. ENGAGING WITH ANACONDA SUPPORT


  1. Contacting Anaconda for Support Services.
    1. The Anaconda “Support Portal” (https://anaconda.cloud/support-center) is the entry point to Anaconda Support. The Anaconda Support Portal is available 24 x 7. Many resources are available to any visitor of the site:
      1. Documentation

      2. Installation

      3. Anaconda Community

      4. Open-Source Software Resources

      5. Named Support Contact Admin Portal

      6. Non-Technical Support

      7. Additional information on contacting Anaconda Support

    2. Customers with a login to the Anaconda Support Portal have access to even more information and can open and update a support case. Customers with a login to the support site are the Named Support Contacts of the Customer.


  1. Named Support Contacts.
    1. Provided Customer maintains an active Support Services account under the Agreement, Customer is entitled to establish individual named user accounts on the Anaconda Support Portal up to the contracted number (the standard is for five (5) Named Support Contacts) to request Support Services. A Named Support Contact can open support cases, maintain Named Support Contacts, and access self-service materials only available to customers with a valid Subscription Agreement. Anaconda will create a master Account for the Organization and an individual account and logon for each Named Support Contact.

    2. The Customer may at any time replace Named Support Contacts by opening a support case or using the self-administration features available on the Anaconda Support Portal. Group email accounts may not be used in place of individual named user accounts. Additional email addresses, including group email accounts may be added to each case as needed.

    3. The Customer may at any time purchase additional Named Support Contacts by contacting Anaconda Support.


  1. Named Support Contacts’ Responsibilities.
    1. Named Support Contact(s) carry out the following responsibilities:
      1. Before contacting Anaconda Technical Support, ensure that initial support to the Customer’s user community has been provided, including responding to Customer’s users with respect to:
        1. Inquiries concerning the performance, functionality or operation of the Licensed Product with a goal to resolving user errors; and

        2. Problems or issues with the Licensed Product including investigating, reproducing and reporting problems and communicating/implementing a resolution.

      2. Open cases using the Anaconda Support Portal to report issues or request assistance.

      3. Be the contact for the Customer with Anaconda for the purposes of progressing a case.

      4. Provide reasonable assistance to Anaconda during the case investigation, including capturing and documenting all relevant information requested by Anaconda.

      5. Develop and maintain a good working knowledge of the Licensed Product.

      6. Provide reasonable remote access to Customer systems in order to assist in case resolution.

      7. Coordinate any Customer resources where resolution plan activities require it.

      8. Confirm resolutions within seven (7) calendar days of receipt or advise Anaconda when this may be possible.

    2. The Customer is responsible for making sure that the Customer Environment, hardware, operating system(s), databases, virus protection, backup software and procedures, data recovery programs and the like are always adequate for the licensed Product as specified in the relevant Anaconda Documentation. Anaconda is not obligated to provide any Support Services concerning Customer Data or non-authorized third-party equipment or software.

    3. Including the following details in any support Issue will allow Anaconda Support to assist more quickly:
      1. Clear description of the Error including the expected and actual results;

      2. Description of the impact to the business as a result of the Error being encountered;

      3. Supporting information such as screenshots or log files.

    4. When opening an Issue, the Named Support Contact must indicate the level of impact and urgency of the Issue. This information provides an indication of the overall priority. This relationship is explained in Section 4.2 below.

    5. The measure for service level Initial Response Time begins when a case is logged within the Anaconda Support Portal. Depending on the Subscription Agreement, Named Support Contacts may be provided with a phone number or email address to contact Anaconda Support for urgent issues.


  1. Anaconda Support Responsibilities.
    1. Anaconda Support will:
      1. Contact the Customer to acknowledge receipt of the Issue, begin work on the case, and request additional information if needed;

      2. Involve additional Anaconda resources, as required;

      3. Provide regular updates to the Named Support Contact(s) via email, phone, or the Anaconda Support Portal and keep a record of those updates in the Anaconda Support Portal, until the Issue is resolved or a workaround has been provided;

    2. When appropriate, a case may be transferred to TAMs, Sales, Customer Success, or any other Anaconda services team, and closed within the Anaconda Support Portal.


  1. Anaconda’s Effort. While Anaconda will make commercially reasonable efforts to correct Errors in the Product(s) and respond to the Named Support Contact on Issues during the corresponding Product’s support service hours (“Service Hours”) set forth in APPENDIX A to this Support Policy. Customer acknowledges that it may not be possible for Anaconda to correct every or any defect, Error, or problem reported by Customer or of which Anaconda is otherwise made aware.


  1. Fault Replication. As a part of the troubleshooting process, Anaconda may ask a Customer to replicate and document the Error. Anaconda will also attempt to replicate the Error. While Anaconda will use every reasonable means to troubleshoot an Error, if the Error cannot be replicated, additional logging, if available, may be enabled so that in the event the Error recurs, sufficient information might exist to progress the Error diagnosis. In these cases, the Support Request may be closed and re-opened when, and if, the Error recurs, and the logging is available to investigate further.


  1. Security. Anaconda will maintain industry-standard physical and data security systems in accordance with the Information Security Addendum, which is reasonably designed to prevent unauthorized access to the servers that make the Products available to Customer. Anaconda’s standard practice is to routinely backup (not less frequently than once per day) all Customer Data necessary to, and/or generated by, the Product(s). All storage, backup and archival media containing Customer Data shall: (a) be physically stored in a secured area; (b) be logically separated from any other customers’ data; and (c) be protected by industry-standard encryption methods.


  1. Update Process. Anaconda shall use commercially reasonable efforts to (a) monitor the Products and related infrastructure for opportunities to address performance, availability and security issues; and (b) at Anaconda’s discretion, deliver functionality enhancements to address customer and market requirements to improve such Products based on Anaconda innovation. Customer shall comply with Anaconda’s update and release process (the “Update Process”). Customer understands that Support Services may not be available if Customer does not comply with the Update Process, and that only the latest release of the Products contains the most current features, availability, performance, and security, including Software fixes. Anaconda is not responsible for product defects, security issues affecting the Products, or failure to meet the SLA in APPENDIX B for licensed Product(s) when Customer is not in compliance with the Update Process.


  1. Open-Source. Anaconda may make certain open-source libraries available for use with the Product as described in the Documentation (“Anaconda Libraries”). Anaconda Libraries identified at https://repo.anaconda.cloud are eligible for support, provided that Anaconda shall only be obligated to support: (a) the most current release, (b) Anaconda Libraries which have not been changed, modified or altered in any manner except by Anaconda, and (c) Anaconda Libraries used in accordance with the Documentation. Any other Open-Source Software leveraging and extending a Product (an “Extension”) and released by Anaconda on various online communities is supported solely by the open-source community. Extensions, which are developed by Anaconda’s partners, including certified Extensions, are also not eligible for support under this Support Policy.


  1. CASE HANDLING


  1. Response Time Targets.
    1. “Initial Response Time” is the cumulative time in business hours from confirmation that a case has been raised to the initial technical response by Anaconda. This response may result in the resolution of the case logged or may form the basis for determining what additional actions are required to achieve resolution of the case. Customers must refer to their Agreement for the relevant response service levels.

    2. Service Levels. Unless otherwise stated in the Subscription Agreement or Order Form, The Support Service levels (“Service Levels”), in Business Hours/Days, is listed in APPENDIX A and described further in this Support Policy shall apply based on the priority definitions below.


  1. Priority Definitions.
    1. Service Impact and Urgency. The initial priority of each case is determined by the service impact to the Customer’s business and the urgency selected by the Named Support Contact.


  1. “Service Impact” measures the effect of the Issue on the Customer’s business.

SERVICE IMPACT

All Users / No Workaround

Some Users / No Workaround

All Users / Workaround Available

Some Users / Workaround Available


  1. “Urgency” reflects how quickly the Issue needs to be resolved, and “Priority” is used by Anaconda Support to ensure responses are made within the appropriate timeframe. Priority levels are defined below:

URGENCY

PRIORITY

ERROR

P1 – Critical

Issue is extensive/widespread affecting an entire critical business process or the Customer is not able to conduct core business functions. There is no acceptable workaround. Potential loss of mission critical data

P2 – High

Business is interrupted, causing work to slow or stop.

Problem prevents use of tool soon to be on Customer’s critical path and there is no acceptable workaround.

P3 – Medium

Users can continue to conduct business. Error interferes with normal completion of work or tasks are more difficult but not impossible to complete. Error impairs work but does not prevent use of tool and there is an acceptable workaround.

P4 – Low

Problem affects productivity but is a minor inconvenience.

An acceptable workaround may exist.



  1. Priority Matrix. The Service Impact and Urgency are combined to assign a Priority as follows:

PRIORITY MATRIX

IMPACT

All Users / No Workaround

Some Users / No Workaround

All Users / Workaround Available

Some Users / Workaround Available

URGENCY

Critical

P1 – Critical

P2 – High

P2 – High

P2 – High

High

P2 – High

P2 – High

P2 – High

P3 – Medium

Medium

P3 – Medium

P3 – Medium

P3 – Medium

P4 – Low

Low

P3 – Medium

P3 – Medium

P4 – Low

P4 – Low


  1. Case Priority Re-classification.
    1. When Anaconda has provided a workaround to a Priority 1 or 2 case (by procedural workaround, system restart, hotfix or otherwise) it shall be reclassified as a Priority 3 until the Customer confirms the case may be closed.

    2. Anaconda reserves the right to change the Priority of a case where Impact or Urgency appears to have been overstated.

    3. If the Named Support Contact determines that the Priority of an existing case needs to be changed or the case escalated, the Named Support Contact may request escalation through the Escalation Process.


  1. Support for Third Party Products.
    1. Anaconda provides Support Services for questions or issues related to third-party products distributed by Anaconda and used as intended. Anaconda does not provide Support Services arising from the use of the third-party product for non-intended purposes, in non-Anaconda product environments, or in any way that violates their individual license.

    2. Anaconda will work with our third-party product vendors as necessary to resolve Issues. This means that resolution may be longer than for Issues handled exclusively by Anaconda.


  1. End Customer Support. When Customer is a Partner (under an OEM License allowing the distribution to End Customers), such End Customers shall not be designated as Named Support Contacts and any Issues related to the Partner or its End Customers shall be submitted solely by Partner’s other Named Support Contacts.


  1. Case Closure.
    1. Anaconda may close a case due to any of one of the following circumstances:
      1. The Anaconda Support Engineer provides a solution to resolve the case. This may be a workaround;

      2. A defect or enhancement request has been logged with Anaconda Product Development and Anaconda Technical Support can no longer progress the issue. In this case Customer will still be able to track the status of the defect or enhancement as it is progressed by Anaconda Product Development;

      3. A hotfix has been made available to resolve the case;

      4. The Named Support Contact has requested the closure;

      5. The reported Issue is determined to be out of scope of the Support Services covered in this Policy or the Subscription Agreement (for example: customization requests, sales requests or consultative services);

      6. The Product Version for which Support Services has been requested is no longer supported as defined by the Anaconda Update Process;

      7. The Customer no longer has an active Support Services account under the Agreement with Anaconda; or

      8. After three consecutive attempts to contact the Named Support Contact(s), Anaconda received no response.

    2. New issues or questions that may arise should be entered as separate support cases.


  1. Product Issues.
    1. Any Error reproduced as a generic product Error will be reported to Anaconda Product Development. The analysis of a reported defect may result in a software update being required to resolve the generic product Error.

    2. When a workaround has been provided, the case will be closed within the Anaconda Support Portal. The Error will remain open with Anaconda Product Development for investigation.

    3. Where no workaround has been identified, there are two possible outcomes:
      1. P1 cases may remain open while the Anaconda Support Engineer continues to work with the Named Support Contact to find a solution/workaround.

      2. For lower Priority Product Errors, the case will be closed in the Anaconda Support Portal, while the Product Error remains open with Anaconda Product Development. This will be discussed with the Named Support Contact.


  1. Product Enhancement Requests.
    1. Customer’s suggestions for Product improvements or requests to add functionality to a Product are very important in Anaconda’s planning process.

    2. To raise an enhancement or feature request, go to https://support.anaconda.com to initiate a JIRA on Customer’s behalf or https://community.anaconda.cloud/c/feedback to submit a request.

    3. Please be aware that whilst the request will be reviewed and evaluated for possible inclusion in a subsequent release, Anaconda provides no commitment to implement any submitted enhancement request and has sole discretion over inclusion of any suggested enhancements in future releases.


  1. Escalation Process.
    1. An escalation is an activity that obtains additional resources or management visibility when needed to meet service targets or Customer’s expectations. The procedures below make up the “Escalation Process.”

LEVEL

CONTACT

ESCALATION PROCEDURE

1

Escalate within the Support Portal

Within the Anaconda Support Portal open the case, request escalation and enter the reason in the comment box. The Anaconda Support Engineer and the Support Manager will be notified of the escalation request. Anaconda’s goal is for the Anaconda Support Engineer or Support Manager to contact the Customer within eight (8) business hours to acknowledge the escalation request.

2

Support Services Team

Send an email to the [email protected] email address providing the case number, reason for escalation, and business need.

This is seen by the Anaconda Support manager and VP of Services, and Anaconda’s goal is for a manager or appointed deputy to contact the Customer within four (4) business hours to discuss next steps.

3

Support Services Manager

If the escalation remains unresolved, the Customer and / or the Support Manager may escalate to the Anaconda Business Leaders, who will work towards resolution with the appropriate resources, communicating with the Customer as necessary.


  1. PREMIUM SUPPORT


If Customer is receiving the premium support offering (“Premium Support”), as indicated in the applicable Order Form, the following services shall apply in addition to the Support Services above:


  1. Premium Service Hours. Anaconda will make commercially reasonable efforts to contact the Named Support Contact on P1 Issues during the Premium Support Service Hours set forth in APPENDIX A to this Support Policy.

  2. Technical Account Manager (“TAM”). Named Support Contacts have direct access to a primary named TAM during the TAM’s standard Service Hours as specified in APPENDIX A. The TAM will make commercially reasonable efforts to ensure that Issues are prioritized, routed, and managed according to the Premium Support Services offered herein. TAMs will also provide guidance on best practices and recommendations for Anaconda Products after assessing Customer’s business needs and requirements.

  3. P1 Issue Priority. The definition of P1 Issues set forth in the Support Policy shall also include Issues where the Error has severely impacted the performance of Anaconda Cloud and as a result the Customer experiences a complete loss of core business process and work cannot reasonably continue. P1 Issues may also be escalated by the TAM or through the Anaconda Support Portal for rapid response. In the case where multiple Issues are escalated, an escalation account manager may be assigned for expedited resolution.

  4. Case Oversight. The TAM and the support team will make reasonable efforts to (a) ensure ongoing investigation and resolution of any Issue and (b) review and consider Customer’s recorded data in Anaconda Cloud.


APPENDIX A

SERVICE LEVELS BY LICENSED PRODUCT



ANACONDA PRODUCT

ANACONDA

COMMERCIAL EDITION

ANACONDA

TEAM EDITION

ANACONDA

ENTERPRISE EDITION

SERVICE LEVEL

STANDARD

SUPPORT

PREMIUM

SUPPORT

STARTER PACKAGE

SCALE PACKAGE

STRATEGIC PACKAGE

CUSTOM STRATEGIC PACKAGE

STANDARD

SUPPORT

PREMIUM

SUPPORT

Service Hours

9am - 6pm

6am - 6pm

9 am - 5 pm

9 am - 5 pm

6 am - 6 pm

6 am - 6 pm

6am - 6pm

24x7 for P1

6am - 6pm for

P2, P3, P4

Named Support Contacts

5

5

1

2

3

4

5

5

Request Quantity

Tier 1:

See Order Form

Tier 2:

See Order Form

Tier 1:

Unlimited

Tier 2:

See Order Form

Tier 1:

2 Tickets per month

Tier 2:

See Order Form

Tier 1:

4 Tickets per month

Tier 2:

See Order Form

Tier 1:

6 Tickets per month

Tier 2:

See Order Form

Tier 1:

12 Tickets per month

Tier 2:

See Order Form

Tier 1:

See Order Form

Tier 2:

See Order Form

Tier 1:

Unlimited

Tier 2:

See Order Form

Initial Response Time

P1:

48 Calendar Hours

P2:

48 Business Hours

P3:

48 Business Hours

P4:

48 Business Hours

P1:

12 Business Hours

P2:

24 Business Hours

P3:

36 Business Hours

P4:

48 Business Hours

P1:

48 Business Hours

P2:

72 Business Hours

P3:

72 Business Hours

P4:

72 Business Hours

P1:

12 Business Hours

P2:

24 Business Hours

P3:

48 Business Hours

P4:

48 Business Hours

P1:

1 Business Hour

P2:

12 Business Hours

P3:

24 Business Hours

P4:

24 Business Hours

P1:

1 Business Hour

P2:

12 Business Hours

P3:

12 Business Hours

P4:

12 Business Hours

P1:

2 Business Hours

P2:

4 Business Hours

P3:

12 Business Hours

P4:

36 Business Hours


P1:

1 Hour

P2:

4 Business Hours

P3:

12 Business Hours

P4:

24 Hours



OEM LICENSE SUPPORT

PRODUCT

CORE EMBEDDED

ENABLED

SERVICE LEVEL

STARTUP

SMALL

MEDIUM

LARGE

XL

XXL

CUSTOM

Support Request Quantity

Tier 1:

4 Tickets per month

Tier 2:

4 Hours per year

Tier 1:

4 Tickets per month

Tier 2:

4 Hours per year

Tier 1:

10 Tickets per month

Tier 2:

10 Hours per year

Tier 1:

30 Tickets per month

Tier 2:

20 Hours per year

Tier 1:

30 Tickets per month

Tier 2:

30 Hours per year

Tier 1:

30 Tickets per month

Tier 2:

50 Hours per year

Tier 1:

See Order Form

Tier 2:

See Order Form



APPENDIX B

SERVICE LEVEL AGREEMENT

This Service Level Agreement (“SLA”) is between Anaconda and Customer and is part of the Subscription Agreement, Support Policy, and applicable Order Form(s) between Anaconda and Customer. This SLA describes the levels of Product Availability and Product support that Customer can expect to receive from Anaconda during the Subscription Term.


  1. AVAILABILITY


  1. General Availability. Anaconda shall use commercially reasonable efforts to make the Cloud Products (excluding any Third-Party Products) available 24 hours a day, seven days a week and for at least 99.5 percent of the time, excluding Permitted Unavailability.


  1. Permitted Unavailability. Product Availability does not include any loss of Availability time resulting from or related to the following Issues (each such period, a “Permitted Unavailability”):


  1. Issues that result from Customer or End User equipment, hardware, software, or other technology and/or third-party equipment, hardware, software, or other technology (excluding third-party equipment within Anaconda’s direct control);

  2. Issues that arise from our suspension or termination of Customer’s right to use the Product in accordance with the Subscription Agreement;

  3. Non-material or non-critical performance issues, such lagging issues, affecting non-critical individual features for a non-material amount of time (link expansions, search, file uploads, etc.);

  4. Issues that are related to corrupted Customer content, third-party applications or third parties components;

  5. Issues of congestion, caused by Customer exceeding the number of Authorized Users set out in Order Form(s), whereby high traffic levels result in service disruption;

  6. Customer inaccessibility; if, for any reason, Customer cannot be reached to correct an Availability Issue, then until Anaconda can make contact with Customer to begin fixing the Availability Issue, such time will not be included when calculating Availability Percentage;

  7. Issues resulting from events outside of Anaconda’s reasonable control, including, but not limited to problems caused by (i) any cause beyond such party’s reasonable control, including but not limited to acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, public health emergencies (including pandemics and epidemics), acts or orders of government, acts of terrorism, or war (collectively, “Force Majeure Events”), (ii) internet access, connectivity issues or related problems, (iii) Customer’s failure to follow agreed procedures, the terms of the Subscription Agreement or the applicable Order Form(s), (iv) unauthorized changes to the Product by Customer, (v) errors made by the Customer’s system administrator, (vi) irreversible destruction of data directly caused by direct actions taken by Customer, (vii) a third party gaining access to the Products by means of Customer’s Authorized Users’ accounts or equipment, (viii) Customer’s continued use of the Products after Anaconda has advised Customer to modify such use, if Customer did not modify its use as advised or (ix) other acts or omissions of Customer, its Authorized Users or any other third party;

  8. Material breach by Customer of the terms of the Subscription Agreement or Order Form(s).

  9. Planned Maintenance.


  1. Any Permitted Unavailability will not be included in the calculation of Availability Percentage for the applicable month.


  1. EXCLUSIONS


Anaconda will have no liability for any failure to meet the Service Level to the extent arising from:


  1. The Issues listed in Section 2.1 (a-i).

  2. Evaluation or proof-of-concept use of the Anaconda Product(s); or

  3. Anaconda’s preview features (e.g., beta functionality not intended for production use).

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