Check Point Direct Support Program Service Level Agreement

DIRECT SUPPORT TERMS AND CONDITIONS

This Check Point Direct Support Program Service Level Agreement (the “Agreement”) is an agreement between you (both the individual purchasing the Support and any legal entity on whose behalf such individual is acting) (hereinafter “You” or “Your”) and Check Point Software Technologies, Inc. (hereinafter “Check Point”). The purpose of this Agreement is to specify the services and commitments with respect to direct Software technical support and/or Hardware replacement services for the purchased Check Point products.

1. DEFINITIONS:

“Advance Hardware Replacement” means a Hardware replacement service for Customers who have purchased Hardware Support, whereby after Check Point TAC approves an RMA, Check Point delivers a replacement to Customer’s Site before Customer returns the faulty hardware to Check Point.

“ACE Partner” means an authorized Check Point partner who is staffed with Check Point Certified Professionals and Appliance Certified Experts (ACE) in accordance with Check Point ACE Partner requirements.

“Activation Date” means the date a License Key is registered for activation of Software within the Check Point User Center.

“Appliance” shall have the meaning set forth in this Agreement for the term “Hardware”.

“Business Day” means normal working day in the time zone where the Customer is located.

“CCTE” means a Check Point Certified Troubleshooting Expert (CCTE) who provides advanced troubleshooting skills to investigate and resolve more complex issues that may occur while managing a Check Point security environment.

“Certified Professional” means an individual who has passed the appropriate current Check Point Certification Test(s) to demonstrate technical competency. The current minimum requirement of a Certified Professional is a Check Point Certified Security Expert (CCSE^TM) for the current Major Release of Network Software and Check Point Certified Troubleshooting Expert (CCTE).

“Check Point” means Check Point Software Technologies, Inc., the party to this Agreement with Customer to whom an order is issued under this Agreement.

“Customer” means the party identified as the purchasing organization to this Agreement with Check Point.

“Designated Contacts” means Customer named contacts, engineering resource individuals, who are

“Device Number” means a unique identifier of a hardware device, which can be located in a label on a Hardware Product. Check Point uses Media Access Control (MAC) Address, Serial Number (SN), or Service Tag Number (STN) as a Device Number, depending on the type of Hardware.

“ERM” means Check Point’s external risk management product and services (previously known as Cyberint).

“Hardware” means a computing device and/or its component with a specific function and limited configuration ability. The Hardware is sold by Check Point for the purpose of executing the specific Check Point Software supplied with it.

“Documentation” means user and technical manuals provided by Check Point for use with the Software and Hardware.

“Endpoint Security Product(s)” means Check Point product(s) with an Endpoint device security focus.

“Enhancement” means all Software changes, including new releases, new versions, product improvements, system modifications, updates, upgrades, Service Packs, Feature Packs, field modifications, and all Hardware.

“Information” means any idea, data, program, technical, business, or other intangible information, however conveyed.

Check Point Direct Support Program Service Level Agreement

“Intellectual Property” means Patents, copyrights, trademarks, and/or trade secrets whose owners have rights at law or in equity to exclude others from exploiting such property.

“Level 1 Support” means the ability to provide general pre and post-sales product information; hardware and software configuration; questions on upgrade Support; collect relevant technical problem identification information; perform base problem determination; provide basic Support on the standard products, protocols and features; replace Field Replaceable Units (FRUs) or whole Hardware units.

“Level 2 Support” means the ability to provide Level 1 Support plus the ability to resolve the majority of misconfigurations, troubleshoot and simulate complex configuration, hardware, and software problems; perform Hardware diagnostics to determine Hardware malfunction; support problem isolation and determination of product specification defects; provide lab simulation and interoperability and compatibility testing for new software and hardware releases prior to being deployed into a Customer production network; define an action plan; provide advanced Support on all products, protocols and features; have the ability to analyze traces, diagnose problems remotely, and provide Customer with complete steps to reproduce a problem.

“Level 3 Support” means the ability to provide Level 1 and Level 2 Support plus the ability to provide software enhancements such as patches and Hotfixes, fixing or generating workarounds that address software bugs; troubleshoot bugs that were not diagnosed during Level 2 Support; work with Customers to resolve critical situations, and building action plans with Customers to address complex issues.

“License Key” means code provided by Check Point, which activates the Software and enables the Software to operate.

“Major Release” means the current issuance of Software and/or Hardware that is designated by Check Point as a change in the number or name, signifying a new product level. Hot Fix Accumulators (HFAs), Hotfixes, and/or Feature Packs do not constitute a Major Release change.

“Network Security Product(s)” means Check Point product(s) with network security focus.

“Previous Sequential Release” means Release of Software or Hardware, which has been replaced by a subsequent version of the product.

“Release” means Major Release of the same product.

“Problem Resolution” means the use of reasonable commercial efforts to resolve the reported problem. These methods may include (but are not limited to): configuration changes, patches that fix an issue, replacing a failed hardware, reinstalling the software, etc.

“Respond” means addressing the initial request and taking ownership of the issue.

“Response Time” means the amount of time elapsed between the initial contact by Customer to Check Point TAC and the returned response to Customer by Check Point support staff.

“RMA” means Return Material Authorization (RMA), the process of replacing a faulty Hardware or a component of a Hardware product. The process must be authorized by Check Point TAC.

“Service Level Agreement (SLA)” means the Customer Service Level Agreement (SLA) that identifies the features and defines the processes involved with the delivery by Check Point of various support functions to Customer, as presented by this document’s: (1) Direct Support Term and Conditions; and (2) Exhibit A – Check Point Direct Support Plan Descriptions.

“Service Request (SR)” means a single issue opened with Check Point TAC. The SR number identifies the Service Request. The format for the unique SR number can be as follows: 1-nnnnnnnnnn or 11-nnnnnnnn (“n”

“Severity” Definitions for Network Security product(s):

“Severity 1” means (a) an Error with a direct security impact on the product; (b) an Error isolated to Software or Appliance in a production environment that renders the product inoperative or causes the product to fail catastrophically; e.g., critical system impact, system down; (c) a reported defect in the licensed product in a production environment, which cannot be reasonably circumvented, in which there is an emergency condition that significantly restricts the use of the licensed product to perform necessary business functions; (d) inability to use the licensed product or a critical impact on operation requiring an immediate solution; or (e) With respect to ERM only, a major Error that prevents the customer from using the ERM platform for more than 4 hours and impacts more than 70% of users.

Check Point Direct Support Program Service Level Agreement

“Severity 2” means (a) an Error isolated to Software or the Appliance that substantially degrades the performance of the product or materially restricts business; e.g., major system impact, temporary system hanging; (b) a reported defect in the licensed product, which restricts the use of one or more features of the licensed product to perform necessary business functions but does not completely restrict use of the licensed product; (c) ability to use the licensed product, but an important function is not available, and operations are severely impacted; or (d) With respect to ERM only, a significant Error which limits the use of critical functionalities of the ERM platform for more than 25% of users or causes a degradation of service performance for a sustained period (greater than 4 hours).

“Severity 3” means (a) an Error isolated to the Software or Appliance that causes only a moderate impact on the use of the product; e.g., moderate system impact, performance/operational impact; (b) a reported defect in the licensed product that restricts the use of one or more features of the licensed product to perform necessary business functions, while the defect can be easily circumvented; (c) an Error that can cause some functional restrictions but it does not have a critical or severe impact on operations; or (d) With respect to ERM only, a moderate Error that does not critically impact the use and functionality of the ERM platform and that affects a limited number of users (fewer than 25%) or specific features, with workarounds available.

“Severity 4” means (a) a reported anomaly in the licensed product that does not substantially restrict the use of one or more features of the licensed product to perform necessary business functions; this is a minor problem and is not significant to operation; (b) an anomaly that may be easily circumvented or may need to be submitted to Check Point Research and Development as a request for enhancement.

“Site” means the physical location where System(s) are installed as specified by Customer in Customer’s User Center account.

“Software” means the object code version of the intangible information constituting one or more computer or apparatus programs and the informational content of such programs, together with any Documentation supplied in conjunction with, and supplementing such programs, the foregoing being provided to Customer by way of electronic transmission or by being fixed in media furnished to Customer.

“Software Subscription” means registered access to modifications, corrections, and/or updates to Software; including Hot Fix Accumulators (HFAs), security fixes, Feature Packs, and/or major upgrades, provided to Customer by unlimited web download access or by mail upon Customer’s request. Software Subscription is a deliverable for all Support Contracts.

“Shelf Spare Unit(s)” means Check Point Hardware unit(s) that is stored at Customer's Site and which is reserved for Hardware replacement usage only in case of failure of Customer's Hardware which is covered under Check Point On-Site Hardware Support Plan.

“Support” means the technical Support and Hardware replacement services provided by Check Point directly to Customer as set forth in this Agreement.

2. CHECK POINT SUPPORT OBLIGATIONS:

“Workaround” means a change in the followed procedures or data to avoid error without substantially impairing use of the product.

A description of Check Point’s direct Support offerings is set forth on Exhibit A, attached hereto. Upon Check Point’s acceptance of a valid purchase order and corresponding payment for that Support offering selected,...

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