Cb Defense Quick Start Package
Terms and Conditions
The Cb Defense Quick Start Package (“Cb Defense Package”) consists of onboarding services to assist You with getting started with Your Cb Defense software-as-a-service purchase.
Carbon Black, Inc. (“Company”) agrees to perform the activities described in Table 1 below in accordance with the terms and conditions contained herein.
Company will work with You remotely from Company locations. The Cb Defense Package is for assistance with configuring one administration console. Travel expenses are not included with the onboarding. You are expected to provide the appropriate personnel to support the onboarding services sessions.
|Table 1: Onboarding Activities||≤ 1,000||> 1,000 –
|> 3,000 –
|> 5,000 –
|Lead project kickoff call and provide project definition document|
|Conduct user interface (“UI”) walkthrough|
|Lead sensor deployment call|
Conduct working sessions:
|4 sessions||6 sessions||8 sessions||12 sessions|
|Lead project close-out call|
|Transition to company technical support|
|Provide Project closure notification email|
|Maximum number of Cb Defense Package hours as described in Sales Order||Up to 12 Hours||Up to 16 Hours||Up to 24 Hours||Up to 32 Hours|
The Cb Defense Package does not include the following:
- Developing custom documentation
- Building of custom scripts or feeds
- Performing custom threat feed configuration
- Remediation/removal of unauthorized, malicious, or unwanted files
- Investigation and analysis of potential malware and threats
- Troubleshooting integration or infrastructure issues when deemed to be non-Company product issues
- Configuring more than one administration console
Cancellations: Provider will decrement the Customer’s allotted hours for any planned remote session time on a per resource basis that is cancelled within four (4) hours of the scheduled time.
Communication in English: Company assumes that all communication between You and Company, verbal and written, will be in English.
All professional services are delivered during normal business hours, Monday – Friday, 8:30AM – 5:30PM, based on the delivery location’s time zone.
Except as may be otherwise expressly provided hereunder, the Cb Defense Packages shall be governed by the terms and conditions of the Cb Defense Agreement that You entered into with Company, with the limitation of liability described therein being the fees paid for the Cb Defense Package.
Company warrants that the Cb Defense Package’s services will be performed in a professional and workmanlike manner consistent with industry practice. Your sole and exclusive remedy for any breach of the foregoing warranty is that Company shall, if written notice is provided not later than thirty (30) days after completion of the applicable services, re-perform such services or refund the fee paid for such services. THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Company is an independent contractor, and the above terms and conditions shall not be construed to establish any form of partnership, agency or other joint venture of any kind between You and Company, nor to constitute either party as the agent, employee or legal representative of the other. If Company’s performance of any of its obligations under the Package shall be interfered with by reason of any circumstances beyond its reasonable control, Company shall be excused from such performance while such circumstances exist and such additional period as may be reasonably necessary to allow Company to resume its performance.
All written materials, including programs, files, specifications and documentation and any work product, patents, information, inventions or copyrightable material that are produced by Company as part of the services provided shall be the sole property of Company. You are granted a limited, non-exclusive license to use such material to the extent necessary to obtain the benefits contemplated by the Services.
Capitalized terms used but not defined herein have the meanings assigned to them in the Cb Defense Agreement. Company will schedule the onboarding sessions to be completed no later than 180 days from receipt of the Sales Order, unless otherwise agreed to in writing by Company and You, Company’s obligation to deliver the onboarding sessions shall expire 180 days from receipt of the Sales Order. All fees paid under the Sales Order are non-refundable.
BY PURCHASING THE Cb DEFENSE PACKAGE, YOU REPRESENT AND AGREE (ON BEHALF OF YOUR BUSINESS ENTITY) THAT YOU HAVE THE CAPACITY AND AUTHORITY TO BIND YOUR ENTITY TO THESE TERMS, THAT YOU HAVE READ ALL OF THE ABOVE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
Date Published: 4/01/2017