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Cb Defense

Service Level Agreement

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CB DEFENSE SERVICE LEVEL AGREEMENT

Cb Defense (the “Service”) is a cloud based Next Generation AntiVirus solution.

Service Level Agreement. Carbon Black warrants that the Service will perform in accordance with and subject to this Service Level Agreement (the “SLA”), which states your sole and exclusive remedy for any breach of such warranty.

Availability SLA: Carbon Black’s target is 100% Availability (as defined below) of the Services. If the Availability Percentage (as defined below) during a given month is less than 99.5%, you are eligible for a credit as detailed below (the “Service Credit”). This SLA applies only to your production environment of the Service, and not to any non-production environment.

This SLA applies separately to each account using the Service. Unless otherwise provided herein, this SLA is subject to the terms of the applicable agreement for the Services between you and Carbon Black  (“Agreement”) and capitalized terms will have the meaning specified in the Agreement.  

Definitions:

Available” or “Availability” means when the user interface for the Service can be logged into. Availability excludes any period of time that the Service cannot be logged into due to (i) a failure between your computer(s) or system(s) and the Internet; (ii) factors outside of Carbon Black’s reasonable control; (iii) any action or inaction of you or a User; or (iv) scheduled maintenance periods and necessary but unscheduled emergency maintenance. 

Availability Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which Cb Defense was not Available.

“Maintenance” is the scheduled or nonscheduled time where Cb Defense will be updated in order to deploy enhancements or fix issues. There will be no more than 8 hours of maintenance per calendar month.  Prior to performing scheduled maintenance for which a service interruption is expected, we will notify you 24 hours in advance. The notice will be sent out to users via the Carbon Black User Exchange. In the event of emergency maintenance that requires immediate resolution, Carbon Black will alert you as soon as practical if the Services is expected to not be Available.

Monthly Service Fee” is the fee applicable to a month of the Service, and is calculated by taking the annual subscription fee for the Service and dividing by 12.

Service Credit” is a monetary credit equal to 5% of your monthly service fee.

Service Credit Request and Payment Procedures:

To receive a Service Credit, you must submit a claim by opening a case with Carbon Black Support within thirty (30) days after the Service was first not Available in the month in question, and the claim must include:

  • the words “SLA Credit Request” in the subject line; and
  • the dates and times of each period during which the Service was not Available in the month in question and for which you are claiming the Service Credit.

If the claim is confirmed by Carbon Black, then we will issue the Service Credit.  You may not claim more than one Service Credit for any month.

You may apply the Service Credits only to your future Cb Defense payments. Service Credits will not entitle you to any refund or other payment from Carbon Black and cannot be applied towards other Carbon Black product offerings.  Service Credits may not be transferred or applied to any other account. Service Credits will expire 12 months after issuance.  

This SLA is posted to Carbon Black’s Customer Portal, and is subject to change by Carbon Black from time to time.  The most current version of this SLA supersedes all prior versions.  Any new version of this SLA will be effective thirty (30) days after its first posting date.

VERSION 01-JAN-2018