Support Datasheet — On-Premise Customers

This document forms part of, and supplements, the Luminance Support Datasheet. It sets out additional terms that apply to on-premise (appliance) Support. Capitalised terms not defined but used herein will have the meanings ascribed to them in the Agreement and the Support Datasheet. In the event of any conflict between this document and the Support Datasheet, the Support Datasheet will prevail. Precedence between this document and the other documents comprising the Agreement is set out in Clause 17.15 of the Master Agreement.

ADDITIONAL TERMS RELATED TO ON-PREMISE SUPPORT

General

Provision of Support Services requires access via Call Home, through which a Luminance engineer may be required to run diagnostic tools to determine the cause of any issues.

For reported problems, Luminance may be required to access Customer’s equipment to facilitate remote problem resolution.

Hardware Support for Appliances

Save for racking, data-feeds and third-party products, Luminance provides such parts and/or materials as necessary to maintain Customer’s covered hardware product in good operating condition. Upon discovery of any failure of the hardware and/or any component parts, (i) Customer shall notify Luminance immediately in writing; and (ii) on acknowledgement of a failure of the hardware and/or any component parts, Luminance will ship such replacement hardware and/or component part(s) which may be an equivalent or a later revision (the “Advance Replacement Hardware”). Luminance will make reasonable endeavours to ship Advance Replacement Hardware within a reasonable period. Customer acknowledges and agrees that transport delays, import and export requirements, and other factors outside of Luminance’s control may affect delivery timescales.

Advance Replacement Hardware provided as a replacement may be whole unit replacements, which may be new or functionally equivalent to new in performance and reliability and warranted as new. For components of the hardware that are discontinued, an upgrade path may be required. Luminance will work with Customer to recommend a replacement part.

Luminance may also provide Customer with self-installable parts, to be installed by Customer following written instructions from Luminance. For the avoidance of doubt, Support does not include replacement of end-of-life hardware. Leased appliances should be returned to Luminance (return to base) on termination of the contract (see the Return to Base section below).

Return to Base

Customer is responsible for performing the following functions prior to return shipping to Luminance (where applicable for leased appliances):

Perform all steps for self-test and trouble-shooting specified in the operating manual for the Product;

Provide, in writing, the model number, serial number, current failure symptoms, pertinent failure history and ship-to address (if applicable);

Package the failed Luminance product carefully in the original and/or Luminance-provided shipping container, or a shipping container that prevents damage while in transit to Luminance (save for where the Product will be delivered and picked up in person by Luminance); and

Return all parts originally shipped (including rails, transceivers and power cables).

Luminance shall not be responsible for maintaining or protecting any configuration settings or data found on the returned hardware or component part(s).

Should any of the below occur, Luminance will invoice the Customer. The Customer shall agree to pay the cost of the hardware and/or component parts, as applicable:

Any returned hardware or component parts which are deemed defective;

Any returned appliance(s) which is deemed missing or any applicable hardware or component parts which are deemed missing; and/or

If Customer fails to return allegedly defective hardware or any component parts requested by Luminance within the time limit required.

Call Home

Provision of Support requires access via a secure Call Home connection between the Product and Luminance’s central management servers (“Call Home”). This connection allows for the provision of health checks, remote Support and the deployment of updates to both the application and operation system, including security patches.

The Product will attempt to establish a secure Call Home SSH/TLS channel with the Luminance central management infrastructure. Each installation of the Product will have a unique hostname pre-set in the configuration, resolving to a single Luminance central management IP address. At Luminance’s discretion, Support may also be provided using remote diagnosis and Support, onsite service or other service delivery methods, or a combination of them.

Luminance appliances can be configured to connect to Luminance Central Management over a secure and encrypted channel to receive patches and updates. The remote analysis Support may be dependent on the granting of Call Home access for Luminance to be able to interact with the appliance. An appliance operating Call-Home will attempt to establish a secure SSH channel with the Luminance central management infrastructure. Each Luminance installation will have a unique hostname pre-set in the configuration, resolving to a single Luminance central management IP address. To enable Call-Home to function, the appliance must be permitted to contact the Luminance central management IP address over port 443. At Luminance’s discretion, Support may also be provided using remote diagnosis and Support, onsite service or other service delivery methods, or a combination of them. For onsite Support, any applicable travel fees will be charged separately per event.