SUMO LOGIC TERMS AND CONDITIONS
(FEDERAL END USER)
These terms and conditions (“Terms and Conditions”) are between Sumo Logic, Inc. (“Sumo Logic”) and the customer/ordering identified in an order to a Sumo Logic reseller (“Order Form”) (the “Customer” or “You”). Customer agrees to the Terms and Conditions. These Terms and Conditions, constitute the entire agreement between Sumo Logic and Customer (the “Agreement”), however, these terms and conditions do not alter the prime contract terms and conditions which are between the Customer and the prime contractor. Sumo Logic is not a party to the prime contract. In the event of a conflict or inconsistency between an Order Form and these Terms and Conditions, as between Customer and Sumo Logic, these Terms and Conditions shall control.
1. SERVICES, SUPPORT AND INTELLECTUAL PROPERTY RIGHTS
1.1 Subject to the terms and conditions of this Agreement, Sumo Logic will provide Customer with access to the services specified on the applicable Order Form through the internet (the “Services”). The Services are subject to modification from time to time at Sumo Logic’s sole discretion, for any purpose deemed appropriate by Sumo Logic, provided that the functionality of the Services will not be materially decreased during the Term. Sumo Logic will use reasonable efforts to give Customer prior written notice of any such modification.
1.2 Subject to the terms and conditions of this Agreement, Customer is hereby granted a limited, non-exclusive, nontransferable, revocable right to use the Software (defined below) for its internal purposes only for the Term of the Agreement. This Agreement is not a sale and does not convey to Customer any rights of ownership in or related to the Service or Software, or any intellectual property rights.
1.3 Except as expressly set forth herein, Sumo Logic alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Service or the Software. Customer will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under this Agreement. Customer may from time to time provide suggestions, comments or other feedback to Sumo Logic with respect to the Service or Software (“Feedback”). Feedback, even if designated as confidential by Customer, shall not create any confidentiality obligation for Sumo Logic notwithstanding anything else. Customer shall, and hereby does, grant to Sumo Logic a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose.
1.4 Sumo Logic will undertake commercially reasonable efforts to make the Services available and provide support in accordance with the levels described in the Order Form. Sumo Logic reserves the right to suspend Customer’s access to the Services: (i) for scheduled or emergency maintenance, or (ii) in the event Customer is in breach of this Agreement and such suspension is necessary to mitigate any damages resulting from such Customer breach.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 Access to the Services may require the Customer to install certain software applications. Customer will not, and will not permit any third party to: reverse engineer (except to the extent statutory law expressly prohibits or limits restrictions on reverse engineering, but only to the extent required by such statute), decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or Software; use in excess of the levels set forth in Section 2.4 hereunder; use the Services or Software for timesharing or service bureau purposes or for any purpose other than its own internal business purposes; or use the Services or Software other than in accordance with this Agreement and in compliance with all applicable laws and regulations (including but not limited to any European privacy laws); use the Services or Software in a manner that violates any third party rights (including, without limitation, intellectual property and privacy rights); access or use the Services or Software in order to create a product competitive with the Services or Software.
2.2 Customer will cooperate with Sumo Logic in connection with the performance of this Agreement by making available such personnel and information as may be reasonably required, and taking such other actions as Sumo Logic may reasonably request. Customer will establish a username and password (or any other means required by Sumo Logic) for verifying that only designated employees of Customer have access to any administrative functions of the Services. Customer will be responsible for maintaining the security of Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account with or without Customer’s knowledge or consent.
2.3 Customer will designate an employee who will be responsible for all matters relating to this Agreement (“Primary Contact”). Customer may change the individual designated as Primary Contact at any time by providing written notice to Sumo Logic.
2.4 Customer’s access to the Services is limited to a monthly compute capacity to scan 3,000X contracted daily volume, set forth in the Order Form, and analyze 600% contracted daily volume. “Scan” of 1x is equivalent to analyzing a 24-hour time range by queries, dashboards, or other means of Sumo Logic data analysis. “Analyze” is defined as retrieving data from index in order to be further analyzed, by queries, dashboards, or other means of Sumo Logic data analysis. In the event Customer exceeds this restriction, Sumo Logic will work with Customer to help maximize Customer’s efficiency.
3.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s technology or business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).
3.2 The Receiving Party agrees: (i) not to divulge to any third person any such Proprietary Information, (i) to give access to such Proprietary Information solely to those employees with a need to have access thereto for purposes of this Agreement, and (iii) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information. The Disclosing Party agrees that the foregoing will not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public without any action by, or involvement of, the Receiving Party, or (b) was in its possession or known by it prior to receipt from the Disclosing Party and without a duty of confidentiality, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental court order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order.
Sumo Logic agrees that all information and data generated, processed, or stored on the Service by Customer (as intended usage of the Service), including Customer’s log and machine-generated data produced by applications and systems are Customer’s Proprietary Information (“Customer Data”). Except for such Proprietary Information, Customer acknowledges that Sumo Logic does not wish to receive any Proprietary Information from Customer that is not necessary for Sumo Logic to perform its obligations under this Agreement, and, unless the parties specifically agree otherwise, Sumo Logic may reasonably presume that any unrelated information received from Customer is not confidential or Proprietary Information. Notwithstanding anything to the contrary, Customer acknowledges and agrees that Sumo Logic may (i) internally use and modify (but not disclose) Customer Data for the purposes of (A) providing the Services, Software (including without limitation, for purposes of improving, testing and operating) and any support or consultation services to Customer and (B) generating Aggregated De-Identified Data (as defined below), and (ii) freely use and make available Aggregated De-Identified Data for Sumo Logic’s business purposes (including without limitation, for purposes of promoting and marketing Sumo Logic’s products and services). “Aggregated De-Identified Data” means data submitted to, collected by, or generated by Sumo Logic in connection with Customer’s use of the Service or Software, but only in aggregate, de-identified form which is not linked specifically to Customer or any individual.
3.3 Both Parties will have the right to disclose the existence but not the terms and conditions of this Agreement, unless such disclosure is approved in writing by both Parties prior to such disclosure, or is included in a filing required to be made by a Party with a governmental authority (provided such party will use reasonable efforts to obtain confidential treatment or a protective order) or is made on a confidential basis as reasonably necessary to potential investors or acquirers. If the Order Form is issued under a GSA prime contract, Sumo Logic acknowledges that the ability to use this Agreement in advertising is limited by GSAR 552.203-71.
4. PAYMENT OF FEES
4.1 Customer will pay the prime contractor the applicable fees as set forth on the Order Form (the “Fees”). If Customer use of the Services exhausts or exceeds the Service Capacity set forth on the Order Form, Customer may purchase additional Service Capacity at the rate set forth on the Order Form and continue to use Services. Service Capacity shall be stated as the amount of Total Storage set forth on the Order Form. If Customer does not purchase additional Service Capacity, then this Agreement shall terminate in accordance with Section 5 (Termination) of this Agreement. Sumo Logic may offer consulting, integration or other services either directly or through the prime contractor. Any order for such services will be subject to a separate agreement entered into by the parties.
5.1 Subject to earlier termination as provided below, this Service Agreement is for the Service Term as specified in the Order Form. The Service Term shall terminate on the earlier of the use of the purchased Service Capacity or the period of the Service Agreement.
5.2 In the event of any material breach of this Agreement, the non-breaching party may terminate this Agreement prior to the end of the Service Term by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate if the breaching party has cured the breach prior to the expiration of such thirty-day period or if the breaching party disputes the existence of the breach, in which case the Contract Disputes Act shall govern such dispute.. Either party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do business.
5.3 Effect of Termination – Upon termination of Agreement, all Customer Data shall be deleted or if not technically feasible certified as non-recoverable/non-retrievable.
5.4 The following Sections shall survive any expiration or termination of this Agreement will survive termination, including, without limitation, Section 1.3 “Services, Support and Intellectual Property Rights”, Section 2.1 “Restrictions and Responsibilities”, Section 3 “Confidentiality”, Section 4 “Payment of Fees”, Section 5.3 “Termination”, Section 7 “Warranty Disclaimers”, Section 8 “Limitations of Liability”, Section 9 “Indemnification”, Section 10.1 “U.S. Government Matters”, Section 11 “Miscellaneous”.
6.1 Sumo Logic warrants that: (i) the Services will achieve in all material respects the functionality described in applicable Documentation, and (ii) such functionality of the Services will not be materially decreased during the Term. Customer’s sole and exclusive remedy for Sumo Logic’s breach of this warranty shall be that Sumo Logic shall be required to use commercially reasonable efforts to modify the Service to achieve in all material respects the functionality described in the Documentation and if Sumo Logic is unable to restore such functionality, Customer shall be entitled to terminate the Agreement. Sumo Logic shall have no obligation with respect to a warranty claim unless notified of such claim within sixty (60) days of the first instance of any material functionality problem. The warranties set forth in this Section 6.1 are made to and for the benefit of Customer only. Such warranties shall only apply if the applicable Services has been utilized in accordance with the Documentation, this Agreement and applicable law.
7. WARRANTY DISCLAIMER
EXCEPT AS OTHERWISE PROVIDED IN SECTION 6, THE SERVICES, SOFTWARE AND SUMO LOGIC PROPRIETARY INFORMATION AND ANYTHING PROVIDED BY SUMO LOGIC, ITS LICENSORS OR ITS SUPPLIERS IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED "AS-IS," WITHOUT ANY WARRANTIES OF ANY KIND. SUMO LOGIC, ON BEHALF OF ITSELF, ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8. LIMITATION OF LIABILITY
EXCEPT FOR THE OBLIGATIONS IN SECTION 9 INDEMNFICATION OR CONFIDENTIALITY OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY OR ITS LICENSORS OR SUPPLIERS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT, THE DELAY OR INABILITY TO USE THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOSS OR CORRUPTION OF DATA, ERROR OR OMISSION IN THE SERVICES, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SUMO LOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE TOTAL LIABILITY OF SUMO LOGIC, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE THE FEES PAID/PAYABLE TO SUMO LOGIC BY THE PRIME CONTRACTOR OR RESELLER FOR THE PRODUCT(S) ON THE ORDER GIVING RISE TO THE CLAIM, IN THE TWELVE MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT THAT THE CUSTOMER’S LIABILITY IS LIMITED IN ANY WAY, INCLUDING UNDER THE ANTI-DEFICIENCY ACT, SUMO LOGIC’S LIABILITY WILL BE LIMITED TO THE SAME AMOUNT.
9.1 Sumo Logic shall defend and indemnify Customer and its directors, employees, and agents from all liabilities, claims, and expenses paid or payable to an unaffiliated third party (including reasonable attorneys’ fees) (“Losses”), that arise from any claim that the Services as provided hereunder infringes any U.S. intellectual property rights of such third party. Sumo Logic shall have no obligation or liability with respect to the foregoing for any actual or alleged infringement arising from or relating to (a) use of the Services or Software other than in accordance with this Agreement; (b) modification of the Services or Software by someone other than Sumo Logic; (c) combination of the Services or Software with any other products, services, or materials if such Services or Software would not be infringing in the absence of such combination, or (d) failure by Customer to implement required updates to the Services or Software. If Sumo Logic believes Customer’s use of the Software under the terms of this Agreement may be enjoined, then Sumo Logic may, at its sole option and expense and as Customer’s sole remedy, either (i) procure for Customer a license to continue using the Software in accordance with the terms of this Agreement; (ii) replace or modify the allegedly infringing Software to avoid the infringement; or (iii) terminate the licenses and access to the Software, and refund any unused prepaid Fees paid by Customer hereunder. SECTION 9.1 STATES the entire liability of Sumo Logic AND THE SOLE REMEDY FOR CUSTOMER IN CONNECTION WITH any infringement of intellectual property rights. Nothing contained herein shall be construed in derogation of the U.S. Department of Justice’s right to defend any claim or action brought against the U.S., pursuant to its jurisdictional statute 28 U.S.C. §516.
9.2 Sumo Logic and its directors, employees, licensors and agents will have no liability to Customer or any third party for any Losses arising from or relating to Customer’s unauthorized use of the Services or Software, violation of any applicable law or violation of any third party right.
9.3 The obligations set forth in this Section shall apply only if (i) the indemnified party notifies the indemnifying party in writing of any claim promptly upon learning of or receiving the same; (ii) the indemnified party provides the indemnifying party with reasonable assistance requested by the indemnifying party, at the indemnifying party’s expense, for the defense and settlement, if applicable, of any claim; and (iii) the indemnified party provides the indemnifying party with the exclusive right to control and the authority to settle any claim, provided, however, that (i) the indemnifying party shall not settle any claim that admits fault or liability of the indemnified party without the indemnified party’s prior written consent and (ii) the indemnified party shall have the right to participate in the matter at its own expense. Nothing contained herein shall be construed in derogation of the U.S. Department of Justice’s right to defend any claim or action brought against the U.S., pursuant to its jurisdictional statute 28 U.S.C. §516.
10. U.S. GOVERNMENT MATTERS
10.1 Notwithstanding anything else, Customer may not provide to Sumo Logic or any other person (whether through the Services or any other means), or export or re-export, or allow the export or re-export of the Services, any data or information, or any software or anything related thereto or any direct product thereof (collectively “Controlled Subject Matter”), in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. Without limiting the foregoing Customer acknowledges and agrees that the Controlled Subject Matter will not be used or transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. Use of the Service is representation and warranty that the user is not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. The Controlled Subject Matter may use or include encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations.
10.2 U.S. Government Rights. The Software and Services are “commercial items” as that term is defined at FAR 2.101. If Customer is the US Federal Government (Government) Executive Agency (as defined in FAR 2.101), Sumo Logic provides the Software and Services, including any related technical data, and/or professional services in accordance with the following: If acquired by or on behalf of any Executive Agency (other than an agency within the Department of Defense (DoD), the Government acquires, in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Computer Software), only those rights in technical data and software customarily provided to the public as defined in this Agreement. If acquired by or on behalf of any Executive Agency within the DoD, the Government acquires, in accordance with DFARS 227.7202-3 (Rights in commercial computer software or commercial computer software documentation), only those rights in technical data and software customarily provided in this Agreement. In addition, DFARS 252.227-7015 (Technical Data – Commercial Items) applies to technical data acquired by DoD agencies. Note, however, that Subpart 227.72 does not apply to computer software or computer software documentation acquired under GSA schedule contracts. Any Federal Legislative or Judicial Agency shall obtain only those rights in technical data and software customarily provided to the public as defined in this Agreement. If any Federal Executive, Legislative, or Judicial Agency has a need for rights not conveyed under the terms described in this Section, it must negotiate with Sumo Logic to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement to be effective. If this Agreement fails to meet the Government’s needs or is inconsistent in any way with Federal law, and the parties cannot reach a mutual agreement on terms for this Agreement, the Government agrees to terminate its use of the Software and Services and return the Software, including documentation and any other software or technical data delivered as part of the Software and Services, unused, to Sumo Logic. This U.S. Government Rights clause in this Section is in lieu of, and supersedes, any other FAR, DFARS, or other clause, provision, or supplemental regulation that addresses Government rights in computer software or technical data under this Agreement.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Neither party may assign any of its rights or obligations hereunder without the other party’s consent; provided that (i) subject to the requirements of FAR 42.12, either party may assign all of its rights and obligations hereunder without such consent to a successor-in-interest in connection with a sale of substantially all of such party’s business or assets relating to this Agreement, and (ii) Sumo Logic may utilize subcontractors in the performance of its obligations hereunder. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, but does not modify the terms of any prime contract to which the Customer may be a party. Both parties agree that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Sumo Logic in any respect whatsoever. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; and upon receipt, if sent by certified or registered mail (return receipt requested), postage prepaid. Sumo Logic will not be liable for any loss resulting from a cause over which it does not have direct control. This Agreement will be governed by the laws of the United States.
SUPPORT AND MAINTENANCE SERVICES TERMS
Capitalized terms not defined in Section 4 below have the same meaning as in the Agreement.
1. SUPPORT AND MAINTENANCE SERVICES.support consists of (a) Error Correction provided to a single consistent technical support contact concerning the use of the Service, (b) E-mail Support, (c) Online Support, and (d) Services updates that Sumo Logic in its discretion makes generally available to its Support customers without additional charge.
2. ERROR PRIORITY LEVELS. Customer shall report all Errors to Sumo Logic via web or e-mail at either of the following: [https://support.sumologic.com or email@example.com]. Sumo Logic shall exercise commercially reasonable efforts to correct any Error reported by Customer in accordance with the priority level reasonably assigned to such Error by Sumo Logic.
• Priority 1 Errors - Sumo Logic shall (i) provide an Initial Response within two business hours (ii) initiate Management Escalation immediately; (iii) provide Customer with a Status Update if Sumo Logic cannot resolve the Error within one hour.
• Priority 2 Errors - Sumo Logic shall (i) provide an Initial Response within four business hours (ii) initiate Management Escalation within twenty-four hours; (iii) provide Customer with a Status Update within twelve business hours.
• Priority 3 Errors - Sumo Logic shall (i) provide an Initial Response within twelve business hours (ii) initiate Management Escalation within three business days (iii) provide Customer with a Status Update within twenty-four hours.
• Priority 4 Errors - Sumo Logic shall (i) provide an Initial Response within twenty-four business hours.
If Sumo Logic believes that a problem reported by Customer may not be due to an Error in the Service, Sumo Logic will so notify Customer. At that time, Customer may (1) instruct Sumo Logic to proceed with problem determination at Customer’s expense as set forth in a new order form, or (2) instruct Sumo Logic that Customer does not wish the problem pursued. If Customer requests that Sumo Logic proceed with problem determination at its possible expense and Sumo Logic determines that the error was not due to an Error, If Customer issues a new order form for problem determination and resolution, such order will be at Sumo Logic’s then-current and standard consulting rates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith. Customer shall not be liable for (i) problem determination or repair to the extent problems are due to Errors in the Service; or (ii) work performed under this paragraph in excess of its instructions; or (iii) work performed after Customer has notified Sumo Logic that it no longer wishes work on the problem determination to be continued at its expense (such notice shall be deemed given when actually received by Sumo Logic). If Customer instructs Sumo Logic that it does not wish the problem pursued at its possible expense or if such determination requires effort in excess of Customer’s instructions, Sumo Logic may, at its sole discretion, elect not to investigate the error with no liability therefor.
3. EXCLUSIONS. Sumo Logic shall have no obligation to support with respect to or in the case of: (i) altered or damaged Software; (ii) problems with the Service caused by Customer’s negligence, abuse or misapplication, or unauthorized use of Service other than as specified in the Sumo Logic’s user manual or other causes beyond the control of Sumo Logic. Sumo Logic shall have no liability for any changes in Customer’s hardware or software systems that may be necessary to use the Services due to a Workaround or maintenance.
• “Business Hours” means 6:00am to 6:00pm Pacific Time, Monday through Friday, excluding major US Holidays.
• “E-mail support” means ability to make requests for technical support assistance by e-mail at any time (with reasonable efforts by Sumo Logic to respond within one business day) concerning the use of the then current release of a Product.
• “Error” means an error in the Service, which significantly degrades such Service as compared to the Sumo Logic’s published performance specifications.
• “Error Correction” means the use of reasonable commercial efforts to correct Errors.
• “Fix” means the repair or replacement of object code for the Software, features in the Service, or documentation to remedy an Error.
• “Initial Response” means the first contact by a Support Engineer after the incident has been logged and a ticket generated.
• “Management Escalation” means, if the initial Workaround or Fix does not resolve the Error, notification of Sumo Logic management that such Errors have been reported and of steps being taken to correct such Error(s).
• “Priority 1 Error” means an Error which renders the Services completely inoperative (i.e. an end-user cannot access the Service due to unplanned service downtime).
• “Priority 2 Error” means Customer can access the Sumo Logic Service, however one or more significant features are unavailable (e.g. end-user is unable to set up a new collector or is unable to review high level status of data flow for their account). .
• “Priority 3 Error” means any other error that does not prevent the End-User from accessing a significant feature of the Sumo Logic Service (e.g. a collector is registering as down but is actually collecting and sending data).
• “Priority 4 Error” means any error related to product documentation or any request for feature improvements.
• “Status Update” means if the initial Workaround or Fix cannot resolve the Error, notification of the Customer regarding the progress of the Workaround or Fix.
• “Online Support” means information available through Sumo Logic’s website (https://support.sumologic.com), including frequently asked questions, and bug reporting.
• “Workaround” means a change in the procedures followed or data supplied by Customer to avoid an Error without substantially impairing Customer’s use of the Service.
THESE TERMS AND CONDITIONS CONSTITUTE A SERVICE CONTRACT AND NOT A PRODUCT WARRANTY. THIS ATTACHMENT IS AN ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT EXCEPT TO THE EXTENT UNAMBIGUOUSLY CONTRARY THERETO.