AWS Elemental Support Services

Last Updated: January 23, 2020

AWS ELEMENTAL SUPPORT SERVICES - SERVICE PLANS

PART ONE - SERVICES OVERVIEW

I. Elemental Global Services Organization

The Elemental Global Services organization is dedicated to providing outstanding service and support to customers around the world. AWS Elemental recognizes that every customer is unique, with varied in-house technical resources and capabilities, as well as different system availability and response time requirements. The Elemental Global Services organization offers a wide range of service and support options to meet individual customer needs. Each offering is designed to ensure that AWS Elemental video processing and delivery solutions operate with high reliability and at peak performance in every application. 

Foundation of Excellence. AWS Elemental is committed to providing a world-class support infrastructure to its customer base. Built upon a solid foundation, the Global Services organization forges close working relationships with clients and has earned a reputation for best-of-breed service and support.

Experienced Professionals. The AWS Elemental service team is comprised of highly skilled professionals, experienced and trained in video processing, including video encode/decode, solution integration, and content delivery technologies and applications. These experts bring extensive industry knowledge and experience to assist customers in analyzing, trouble-shooting and implementing a host of video processing functions.

Worldwide Capabilities. With deployments in more than 50 countries, AWS Elemental has satisfied customers located throughout the world. AWS Elemental continues to grow its support capabilities and expand regional and global inventory and support resources to exceed the needs of customers. AWS Elemental maintains support resources and regional depots in critical geographies to provide inventory, parts replacement and logistics management – ensuring parts are delivered to customers on time – worldwide.

Responsive Support Processes. AWS Elemental support processes are designed to provide fast response and effective management of issues for AWS Elemental products and services. AWS Elemental uses a three-tier escalation process, with most issues handled by Tier 1 and Tier 2 Technical Support Engineers who receive regular training using AWS Elemental products and related technologies. Issues escalated beyond the Support Services teams are handled directly by AWS Elemental’s Engineering team which provides in-depth investigation and resolution of issues identified in AWS Elemental products. Elemental Global Services adheres to this multi-tier case escalation policy where the most critical cases are reviewed and managed daily to ensure prompt resolution and closure.

II. Service Plan Components

AWS Elemental Service Plans include a number of different components, including access to Technical Support Centers, pro-active health checks, and Support Services business check-ins. More detailed descriptions of these services are described in this section.

Technical Support Center (TSC). AWS Elemental regional Technical Support Centers (TSC) are staffed 24 x 5 by AWS Elemental Technical Support Engineers who provide Tier 1 technical support, case management and incident resolution for all issues at all severity levels. Acting as the focal point for support communications and case escalations, the TSC works to quickly respond to and resolve customer issues. At select Service Levels, AWS Elemental provides 24 x 7 direct access to Tier 2 Senior Support and Systems Engineers, who can address issues affecting mission critical systems. Customers who purchase 24 x 7 Service Plans are provided with access to worldwide toll-free 24 x 7 Priority Hotline phone numbers. The AWS Elemental regional TSCs include the following locations: 

Regional TSC

  Location

Regional Business Hours

UTC hours

 

Asia Pacific

  Hong Kong

8:00am – 5:00pm HKT

12:00am – 9:00am

Europe, Middle East, Africa

  London, UK

8:00am – 5:00pm GMT

8:00am – 5:00pm

Americas

  Portland, Oregon, USA

8:00am – 5:00pm PST

3:00pm – 12:00am

 

Elemental User Community. The Elemental User Community (“EUC”) provides 24-hour access to resources that help customers use and maintain AWS Elemental systems, including software updates, video tutorials, product documentation, and a product knowledge base. The EUC also allows customers to submit product feature requests, questions, and issues into a case tracking system. Customers can track all their submitted tickets through this database. The EUC is accessible with all support plans at no additional cost.

Designated Support Specialist. The Designated Support Specialist (DSS) is one of the key features of the AWS Elemental Premier Service Plan. The DSS is an AWS Elemental Technical Support or Field Service Engineer who has primary responsibility for understanding a specific customer’s environment and handling the majority of tickets for that customer. This provides a better level of continuity across multiple support tickets and is an ideal option for customers with multiple deployments or with complex workflows. In the event the DSS is unavailable or the customer has critical Severity Level 1 or Severity Level 2 issues, the full AWS Elemental Technical Support team is available to assist with questions or issues.

Support Services Business Check-in. As part of AWS Elemental’s Premier Service Plan, AWS Elemental will regularly meet with management and/or technical teams. These business check-ins are opportunities to discuss general support activities, review open support tickets and address any specific support issues that may need extra attention from the AWS Elemental Support Services team.

III. AWS Elemental Support Severity Levels

AWS Elemental assigns a severity level to each support case that is created for a customer. The case severity is determined by the impact that a particular issue or situation has on the customer’s operations.

Severity Level 1: Emergency Issue - Production Blocking

The AWS Elemental appliances or service, or any part thereof, is inoperative or performance is so downgraded that normal operations are prevented almost entirely. Without limiting the generality of the foregoing, examples of Production Blocking Issues are the cessation of operation of one or more AWS Elemental solutions or services, which could not be resolved by switching to redundant resources.

Severity Level 2: Critical Issue

The performance of the appliances or service is far below the documented performance criteria, such that a disruption to normal business operations is occurring or the problem is threatening to cause a Production Blocking Issue. Without limiting the generality of the foregoing, examples of Critical Issues include severe degradation in system performance or a significant reduction in video output quality.

Severity Level 3: Major Issue

The appliances or service, or any part thereof, is experiencing errors or problems that do not impact normal production operations, but may otherwise have a significant impact on other business operations. Without limiting the generality of the foregoing, an example of a Major Issue is where a redundant power supply in a non-redundant production appliance has failed but the second power supply is still actively running the appliance and production services are not threatened.

Severity Level 4: Normal Issue

The appliances or service, or any part thereof, do not impact normal operations or are easily avoided or circumvented by the customer. These include documentation errors, requests for clarification of product features, requests for new features (which are defined as new functionality in existing product), general system maintenance issues, or issues that can be resolved with configuration changes available in the AWS Elemental solution.

IV. AWS Elemental Service Plans

AWS Elemental has earned a reputation for service excellence by providing our customers throughout the world with a trusted service relationship and outstanding support. Customers who purchase AWS Elemental products and services may choose from two Service Plan options (Enhanced and Premier) that provide service and support coverage specifically for AWS Elemental products to meet each customer’s unique support, response time and resolution requirements. Each Service Plan provides support for AWS Elemental appliance hardware, core AWS Elemental software, or AWS Elemental Cloud services, depending on products and services covered under the purchased Service Plan.

Enhanced Service. AWS Elemental Enhanced Service is designed for customers looking for product support beyond initial installation and configuration. This Service Plan provides hardware and software support for up to a year, as well as full access to AWS Elemental’s Support Services and online tools, including the Elemental User Community, which provides ticket management, access to software and documentation downloads, and a complete knowledge base for AWS Elemental products. In addition, Enhanced Service includes 24 x 7 support, as well as access to major software releases throughout the Support period.

Premier Service. AWS Elemental Premier Service is designed for customers that need the highest level of support services that AWS Elemental has to offer. In addition to offering the services provided by Enhanced Service, Premier Service includes improved response time and resolution targets, tighter targets for parts replacement, advance parts exchange, regular business check-ins, and improved timelines for on-site support services for emergency production issues.

Service Plan Summary by Product Type. The chart below summarizes which AWS Elemental products and services are eligible for coverage under AWS Elemental Service Plans.

Service Plan Type

Eligible Products

Enhanced and Premier

  • AWS Elemental Server Appliance Edition and Software Edition
  • AWS Elemental Live Appliance Edition and Software Edition
  • AWS Elemental Conductor Appliance Edition and Software Edition
  • AWS Elemental Stream Appliance Edition and Software Edition
  • AWS Elemental Delta Appliance Edition and Software Edition
  • Elemental Cloud Services

 

Elemental Cloud Services. AWS Elemental Support Services can assist with the basic setup and configuration of Elemental Cloud Services, as well as address questions or issues arising from use of these services. Elemental Cloud Services have a dedicated Cloud Services Agreement (CSA) and Service Level Agreement (SLA) that details key processes and metrics to which the services are managed. The CSA and SLA are available on the AWS Elemental website at: https://cloud.elemental.com

At-A-Glance. AWS Elemental Service Plans provide customers with the level of support and service they need to ensure optimal uptime and system performance. The follow­­ing chart provides an overview of the various service levels provided for each plan: 

 

Warranty

Enhanced
Service

Premier
Service

General Support

Access to the Elemental User Community

Yes

Yes

Yes

Email Support

30 days

Yes

Yes

Phone Support, Regional TSC1

No

Yes

Yes

Phone Support, 24x7 Priority Hotline2

No

Yes

Yes

Software Support

SW Support & Warranty Period3

30 days

12 months

12 months

Access to Maintenance Releases

Yes

Yes

Yes

Access to Major Upgrade Releases

No

Yes

Yes

Hardware Support4

HW Warranty

12 months

(maximum coverage of 12 months)

12 months5

 

12 months5

 

Parts/Whole Unit  Replacement Delivery6

20 Business Days

5 Business Days

3 Business Days

Advance Parts Exchange

No

No

Yes

Additional Services

On-site Emergency Support7

(Sev 1 / Sev 2)

No

(pay per visit)

Yes, T&E excluded8
(5 days / 10 days)

Yes, T&E included9
(2 days / 5 days)

Designated Support Specialist

No

No

Yes

Technical Account Manager

No

Optional

(Plus add-on package)

Optional

(Plus add-on package)

Business Check-in

No

No

2 check-ins / year

Discounts on Training Services

(Excludes custom on-site training courses)

No

No

Yes, 15%

1 Provides direct phone access to technical support personnel located at regional AWS Elemental TSCs, during TSC Business Hours.

2 Outside TSC business hours (24x5, excluding holidays), 24x7 Priority Hotlines are supported by on-call technical personnel for use to address production-impacting incidents. For Severity Level 3 and Level 4 issues, AWS Elemental Technical Support will make every effort to respond within the specified response time targets during standard business hours.

3 AWS Elemental’s software warranty provides software support and defect resolution for the defined period. Note: AWS Elemental supports defect fixes for the two most recent Major Releases (but only when technically feasible within those specific versions). Defect resolution may require customers to upgrade to a newer version of AWS Elemental software.

4Hardware Warranty and Support Services are available exclusively from AWS Elemental. You acknowledge and agree that the Agreement, the Limited Hardware Warranty and this Service Plan grant you no rights or remedies under any warranty, support services or return policies of any of our hardware component suppliers.

5AWS Elemental will make Service Plan coverage available for no less than five years from original date of purchase, with maximum duration requiring continuous coverage under an active Service Plan at the specified service level. Replacement Hardware will provide the full functionality of the replaced Hardware at an equivalent or higher performance, at AWS Elemental’s discretion.

6Applies to estimated shipment delivery transport time. Off-the-shelf parts ship within 1 Business Day of RMA request. Replacement of a complete unit has a lead time of 2 Business Days. Delivery times are based on the time from receipt of the returned product, unless Advance Parts Exchange is provided. With Advance Parts Exchange, delivery response begins on the next business day after which the incident is reported. Customers located outside an AWS Elemental Parts Response Area (PRA) will receive the specified delivery to the point of importation. A list of AWS Elemental PRAs is maintained on the Elemental User Community. Appliances (or components) that are shipped as part of our Parts Replacement Delivery service will be shipped with the latest general availability (GA) software version. AWS Elemental will, upon your written request, ship replacement Appliances with a previous GA version of Software rather than the most recent GA release of the Software (not to exceed two major releases prior to the current GA version).

7On-site Emergency support provided for Severity Level 1 and Severity Level 2 incidents only. On-site support may be requested if the incident cannot be resolved by AWS Elemental TSC personnel within the specified time frame. This support option excludes replacement of externally-accessible, customer-replaceable hardware components, such as hard drives. In addition, on-site emergency support for issues resulting from changes to third-party solutions that interact with AWS Elemental solutions will be provided at AWS Elemental’s discretion and may be billable. 

8Available within the specified time-frame for specified Severity Levels, but chargeable at AWS Elemental Professional Services rates.

Covers all costs, including travel and expenses, associated with on-site technical support activities required to specifically resolve emergency incidents.

Response Time & Resolution Targets

AWS Elemental defines response time and resolution targets for all service options and severity levels. These targets are used as a basis for issue escalation. While these targets are not guaranteed, AWS Elemental makes every reasonable effort to meet these targets. In addition, internal processes and support systems are designed to escalate issues to the next tier of support whenever these thresholds are exceeded. 

Response Time1 Targets

Severity

Warranty

(SW Warranty Period Only)

Enhanced
Service

Premier
Service

Level 12

(Urgent)

Full Production Outage Issues

Next Business Day

2 Hours

1 Hour

Level 2

(Critical)

Critical Production Impacting Issues

Next Business Day

4 Hours

2 Hours

Level 3

(Major)

Significant business impact,
with little to no production impact

2 Business Day

8 Hours3

4 Hours3

Level 4

(Normal)

Moderate to minor business impact,

and non-workflow impacting issues

5 Business Days

1 Business Day

1 Business Day

 

1 Response time measurements begin at the time an incident is first reported to AWS Elemental Technical Support. Severity Level 1, Level 2, and Level 3 incidents occurring outside of normal Regional TSC Business Hours (24x5) must be reported via worldwide toll-free 24x7 Priority Hotline phone numbers. If such incident is not reported via the Priority Hotline, response time measurements will be based on the start of the first Business Day following the report of the incident.

2 AWS Elemental will use all commercially reasonable efforts to resolve Severity Level 1 incidents as quickly as possible. Resolution of incidents classified at other Severity Levels will be prioritized across all customer-reported incidents, based on defined resolution targets.

3 24x7 Priority Hotlines are supported by on-call technical personnel and intended for use to address production-impacting incidents. For Severity Level 3 and Level 4 issues, AWS Elemental Technical Support will make every effort to respond within the specified response time targets during standard AWS Elemental TSC business hours (24x5, excluding holidays). 

Resolution1 Targets

Severity

Warranty2

(SW Warranty Period Only)

Enhanced
Service

Premier
Service

Level 13

(Urgent)

Full Production Outage Issues

Within

5

Business Days

Within

72

Hours

Within

24

Hours

Level 2

(Critical)

Critical Production Impacting Issues

Within

30

Business Days

Within

10

Business Days

Within

3

Business Days

Level 3

(Major)

Significant business impact,
with little to no production impact

No

defined

target

Within

30

Business Days

Within

15

Business Days

Level 4

(Normal)

Moderate to minor business impact,

and non-workflow impacting issues

No

defined

target

No

defined

target

Within

120

Business Days

 

1 Resolution is defined as availability of a workaround sufficient to downgrade an issue to a lower severity level or a permanent correction of an issue. AWS Elemental will make commercially reasonable efforts to provide permanent software updates for defects previously identified as resulting in Severity 1 or Severity 2 incidents, though specific targets are not guaranteed.

2 Software defects must be reported to AWS Elemental within the software warranty period defined (i.e. first 30 days for Warranty coverage) or when user acceptance criteria is met, whichever comes first. Use of AWS Elemental software in production workflows implies acceptance criteria has been met. Software issues reported after the software warranty period will not be handled under warranty terms.

3 AWS Elemental will use all commercially reasonable efforts to resolve Severity Level 1 incidents as quickly as possible. Resolution of incidents classified at other Severity Levels will be prioritized across all customer-reported incidents, based on defined resolution targets.  

V. AWS Elemental “Plus” Add-on Package (for Enhanced and Premier Service)

In addition to the AWS Elemental Service Plans, AWS Elemental also offers the “Plus” Add-on Package for Enhanced and Premier Services. The Enhanced+ and Premier+ options include assignment of an AWS Elemental Technical Account Manager.

The Technical Account Manager (TAM) will act as a point of contact for general technical engagement with AWS Elemental Services teams, including regularly scheduled check-ins with customers (typically, bi-weekly or monthly) and oversight of Professional Services engagements. TAMs are generally assigned to no more than 4-6 accounts, ensuring proactive management of technical services activities.

Service Plans will be automatically upgraded to the Plus option for customers that generate more than $1.0m in annual Subscription revenue or greater than $300k in annual Service Plan revenue.

VI. Support Coverage

AWS Elemental’s goal is to provide customers with the technical support and knowledge needed in order to get the most out of AWS Elemental products. Although not comprehensive, the following list is intended as a guide to identify issues that are (and are not) covered by AWS Elemental Support Services. 

Issues Covered by Support

  •  Basic help understanding specific features
  •  AWS Elemental software configuration questions or issues
  •  Basic system integration into customer environments, including simple network   configurations
  •  Issues experienced with hardware installation in customer environments
  •  Problems or defects identified in the Software
  •  Expert guidance to assist customers when installing software upgrades

Issues Not Covered by Support

  • Scoping of feature requests or product enhancements
  • Development of custom software or implementation of workflows
  • Delivery of product training
  • Assisting with complex integration of AWS Elemental solutions with third-party solutions or into customer environments, including complex network configurations. For more information, please see the third-party hardware and software support policy below.
  • Performing software upgrades on behalf of customers

Activities not covered under Support Services may still be available from AWS Elemental Professional Services. Contact your AWS Elemental Sales Representative for details.

Support policy related to third-party hardware and software components. AWS Elemental has the following policy regarding the use of third party or unqualified components, including power supplies, hard drives, chassis, PCIe components (e.g. network interface cards, fiber channel cards, HD-SDI cards, etc.), and other hardware components:

  • If a customer uses a third-party or unqualified component in a device running AWS Elemental software and a fault or performance issue is traced to the use of this third-party component, then at AWS Elemental’s discretion, support and warranty service may be withheld. AWS Elemental maintains a list of qualified hardware platforms.
  • If a product fault or performance issue is determined to not be related to the use of third-party or qualified components, then AWS Elemental will continue to support the customer, per standard support policies.
  • At no time will hardware RMA support be provided for third-party components. If hardware is replaced and the fault or performance issue is determined to have been caused by the installation of a third-party component, AWS Elemental reserves the right to charge for reasonable time and material rates for the service provided.

In addition, AWS Elemental has the following policy regarding software components installed on systems running AWS Elemental software:

  • Due to the high-performance and real-time processing requirements of video processing software, AWS Elemental products are fully qualified to meet certain performance capabilities based on a known operating system and software package configuration. If custom changes are made to the operating system configurations or third-party software package(s) are installed on a device running AWS Elemental software, without previous qualification and approval by AWS Elemental personnel, and a fault or performance issue is traced to the use of these configurations or third-party software packages, then at AWS Elemental’s discretion, support and warranty service may be withheld.
  • If a product fault or performance issue is determined to not be related to the use of these configuration changes or third-party software packages, then AWS Elemental will continue to support the customer, per standard support policies.

Your Success is Our Goal

Commitment to customer success has given AWS Elemental an outstanding reputation for service and support. AWS Elemental’s goal is to continue to build on this strength through trusted partnerships with our customers, a solid service and support infrastructure and dedication to meeting our customers’ needs. For more information about AWS Elemental Support Services plans and offerings, please contact us at https://pages.awscloud.com/AWS-Elemental-Appliances-Software-ContactUs.html or contact your local sales representative.

PART TWO – SERVICES TERMS AND CONDITIONS

The AWS Elemental Support Services described in this Service Plan are provided by AWS Elemental or its Affiliates (“AWS Elemental,” “we,” “us,” or “our”) subject to the terms and conditions of: (a) the terms and conditions set forth below and (b) the AWS Elemental Appliances and Software Terms of Service located at https://aws.amazon.com/legal/elemental-appliance-software-agreement (or such successor locations as may be updated from time to time) (collectively, the “Agreement”) (unless you have entered into a separate, written agreement with respect to the AWS Elemental Products and Services). Capitalized terms used below will have the same meaning as set forth in the Agreement, or as otherwise defined in this Service Plan.  

  1. AWS Elemental Support Services

1.1. “AWS Elemental Support” means the support services described in this Service Plan which may be provided by AWS Elemental or its Affiliates. “AWS Elemental Service Area” means the United States of America and any other jurisdiction approved in writing by AWS Elemental. “Installation Site” means your ship-to address for the AWS Elemental Product, or other location approved in writing by AWS Elemental, where the AWS Elemental Product is installed and operated by you. “Support Option” means the particular AWS Elemental Support type (e.g., Enhanced or Premier, as each is described in this Service Plan) and the AWS Elemental Support period set forth in the relevant Order.

1.2. In providing AWS Elemental Support, we will use commercially reasonable efforts to (i) respond within the Response Times and Resolution Targets set forth in this Service Plan for all properly submitted cases from authorized individuals and work towards the identification and resolution of the problems submitted; (ii) provide English-language help line service (via telephone or other electronic media), including means for reporting faults and tracking resolution; (iii) provide AWS Elemental Appliance-related repair and replacement services; and (iv) provide, or enable you to download, updates and upgrades of AWS Elemental Software to which you are entitled. When submitting a case, you may designate the severity level of a problem; provided that, we reserve the right to reclassify the severity level in our reasonable opinion. All Response Times are measured from the point when a case has been properly submitted by an authorized individual to us. Cases may be submitted as specified in the Service Plan. We do not represent, warrant or guarantee that (i) we will always be able to resolve a case fully, (ii) you will no longer experience a problem, (iii) we will provide a bug fix, patch or other workaround in connection with the identified problem, or (iv) any support or advice will result in any performance efficiency or improvement. You are solely responsible for the implementation and results of any suggestions or advice received. Our sole responsibility, and your exclusive remedy, in the event you notify us that we did not provide AWS Elemental Support as set forth in the Service Plan, is for us to use reasonable efforts to re-perform the relevant AWS Elemental Support service.

1.3. We may modify AWS Elemental Support at any time, including, but not limited to, with respect to the specific services provided, the terms and conditions by which such AWS Elemental Support is provided, and the applicable Response Time and Resolution Targets described herein by posting a revised version of the AWS Elemental Service Plan on the AWS Elemental Site; provided, however, we will provide at least 60 days’ advance notice in accordance with Section 12.9 of the Agreement for adverse changes. We reserve the right to charge for AWS Elemental Support performed outside the timeframes or scope of the applicable Support Option as Professional Services. We have the right to use subcontractors and Affiliates to perform all or a portion of the services that we perform, and the work of such subcontractors and Affiliates shall be deemed to satisfy our obligations hereunder provided that such services meet the requirements of this Service Plan.

1.4. AWS Support does not include installation, consulting, education, training, customization and other services, or additional software products or components for which we charge additional license fees. AWS Elemental Support does not cover problems that we determine arise from any warranty exclusion or disclaimer set forth in the Agreement or EULA. We have no obligation to provide AWS Elemental Support for AWS Elemental Software problems that we cannot reproduce at our facility or via remote access to your systems. In addition, we may in our discretion withhold or suspend provision of AWS Elemental Support if you install or operate any software developed by you or licensed by you from any third party (“Customer Third Party Software”) on the AWS Elemental Appliance on which the AWS Elemental Software is installed and we determine that the fault or performance defect is attributable to such Customer Third Party Software. You are solely responsible for any defects or Losses arising from your use of Customer Third Party Software on an AWS Elemental Appliance. We have no obligation for AWS Elemental Software installed or used beyond the licensed use, or for an AWS Elemental Appliance whose original identification marks have been altered or removed. For the avoidance of doubt, we provide no AWS Elemental Support in respect of any hardware, software, items or services provided by you or by a third party. 

1.5. Availability of AWS Elemental Support is subject to our “End of Sale,” “End of Support,” “End of Software Maintenance” or similar announcements for the respective AWS Elemental Product (an “End of Support Announcement”) made available on the AWS Elemental Site. In the event your Order includes an extension of AWS Elemental Support beyond the date set forth in an End of Support Announcement (the “Extended Period”), you acknowledge and agree that during any such Extended Period, AWS Elemental may limit or withhold certain services and features described in this Service Plan in its sole discretion. While AWS Elemental will use commercially reasonable efforts to identify any such limitations or withholdings in the relevant Sales Quotation, you acknowledge and agree that AWS Elemental’s failure in the relevant Sales Quotation to identify or disclose any specific services or features that may be limited or withheld during the Extended Period will not limit or restrict AWS Elemental’s ability to actually limit or withhold those services and features, and that AWS Elemental will have no liability or responsibility to you for any such limitations or withholdings.

1.6. Unless different dates are set forth in the relevant Sales Quotation, AWS Elemental Support that is Ordered at the same time as the AWS Elemental Product to which it relates shall commence on Delivery of the AWS Elemental Appliance or the AWS Elemental Software (as applicable), and continue for the period specified on the Order. You may purchase renewals of AWS Elemental Support as long as we make such AWS Elemental Support generally available to its customers, subject to our “End of Sale,” “End of Support,” “End of Software Maintenance” or similar announcements available on the AWS Elemental Site. Renewals of AWS Elemental Support shall commence and expire in accordance with the dates on the applicable Order. In the event you allow AWS Elemental Support for a Product to lapse at any time, or if you do not purchase AWS Elemental Support covering a Product within 30 days of your purchase of such Product, you may nevertheless renew AWS Elemental Support for the relevant Product by paying, in addition to the then-current annual AWS Elemental Support fees and charges, an amount equal to the aggregate fees and charges that would have been payable for the relevant AWS Elemental Support during the period of lapse.

1.7. You agree to designate a reasonable number of authorized contacts, as determined in cooperation with us, who shall initially report problems and receive AWS Elemental Support from us. Each such representative shall be familiar with your requirements and have the expertise and capabilities necessary to permit us to fulfill our obligations. You may notify us in writing (email to suffice) of any change you wish to make to the authorized support contacts for your account and we will have no liability to you for providing Support Services to any person in respect of whom you failed to notify us is no longer an authorized contact. In addition, to receive AWS Elemental Support, you agree that you will (i) promptly notify us when an AWS Elemental Product fault occurs and provide us with sufficient details so that we can reproduce the fault; (ii) allow us remote or on-site (if part of your Support Option and available in your jurisdiction) access to the AWS Elemental Product to provide AWS Elemental Support; and (iii) furnish necessary resources, information and assistance reasonably required for us to provide AWS Elemental Support.

1.8. All deliveries and returns of AWS Elemental Appliances will be made according to the Agreement. You will return all replaced AWS Elemental Appliances promptly to AWS Elemental according to AWS Elemental’s Return Materials Authorization (“RMA”) instructions. If such replaced AWS Elemental Appliances are not returned within 15 days after AWS Elemental’s request, you agree to pay AWS Elemental’s then-current list price therefor. A replacement AWS Elemental Appliance thereof will receive the remainder of the applicable Warranty Period or AWS Elemental Support coverage applicable to the original AWS Elemental Appliance. You agree that you are solely responsible for the permanent erasure of all of Your Content (including any software, machine images, data, text, audio, video or images, including without limitation all personally identifiable and other protected information) that you place on an AWS Elemental Appliance, by use of a method that does not cause damage to any AWS Elemental Appliance, before such items are returned to AWS Elemental. You are solely responsible for backing up any of Your Content, and AWS Elemental is not responsible for any of Your Content contained on returned AWS Elemental Appliances notwithstanding anything to the contrary herein. You consent to our access to and use of Your Content to provide AWS Elemental Support to you.

1.9. You agree that your access to and use of the Elemental User Community described in this Service Plan is subject to the Elemental User Community Terms of Use, currently located at https://community.elemental.com (as may be updated by AWS Elemental from time to time). 

1.10. In performing AWS Elemental Support, we may, at our expense, implement changes to the Products without notice to you when such changes do not adversely affect interchangeability or performance of the Products; when AWS Elemental reasonably believes such changes are required for purposes of security or reliability; or when AWS Elemental is required by law to do so. You agree to give us reasonable access to the Products for such purpose. 

1.11. We may require that you implement specific AWS Elemental Software updates (for example, to make the AWS Elemental Software more secure or for legal or regulatory reasons) (“Required Update”). If we issue a Required Update, you agree to install it within the period of time designated by us. You acknowledge and agree that in the event you fail to install and run a Required Update as required in the preceding sentence: (i) you may be deemed to have breached your contractual agreements with us, resulting in, among other things, our refusal to provide further support for the Products to you; and (ii) that we will not be responsible for, and will have no liability to you in connection with any and all losses, claims, damages, expenses, liabilities, or actions that you may suffer or incur or that may be brought against you as a result of any such failure. 

1.12. Resolution Targets set forth in this Service Plan are based on the availability and use of remote support capabilities. You have the option to not activate or enable remote support capabilities. If you choose not to permit remote support by us, then, with regard to all AWS Elemental Products affected by such permissions, our estimated response times and resolution targets do not apply.

1.13. AWS Elemental Support is designed in the United States. We disclaim, and you accept, all responsibility for compliance with applicable law in your jurisdiction in connection with your receipt of AWS Elemental Support outside of the United States. We may suspend or terminate our provision of AWS Elemental Support, in whole or in part, immediately upon notice to you if (a) we determine that our provision of AWS Elemental Support could subject us, our Affiliates, or any third party to liability or (b) in order to comply with the law or with requests of governmental entities. On-site AWS Elemental Support may not be available in your jurisdiction and/or where the AWS Elemental Products have been installed. In order to determine whether on-site AWS Elemental Support is available in your jurisdiction, please contact us at https://pages.awscloud.com/AWS-Elemental-Appliances-Software-ContactUs.html. We will have no obligation to provide on-site AWS Elemental Support outside the AWS Elemental Service Area, and we shall have no liability to you for any failure or inability to provide on-site AWS Elemental Support outside the AWS Elemental Service Area. It is your obligation to ensure that on-site AWS Elemental Support is available in your jurisdiction prior to purchasing AWS Elemental Support under a Service Plan. We further reserve the right to cease providing on-site AWS Elemental Support in jurisdictions where we have previously provided such AWS Elemental Support, as determined in AWS Elemental’s sole and absolute discretion, without liability.

1.14. Fees and charges for AWS Elemental Support are non-refundable. If you terminate AWS Elemental Support for convenience, you agree that you forfeit the unused portion of the applicable fees and charges. If you terminate AWS Elemental Support due to our material breach (as defined by the Agreement), your sole and exclusive remedy, and our sole and exclusive obligation and liability, shall be for us to issue a credit for that portion of any pre-paid AWS Elemental Support fees that corresponds to the period between the effective date of the termination for breach and the end of the then current AWS Elemental Support period for use against current or future purchases of AWS Elemental Products or AWS Elemental Support. If we terminate AWS Elemental Support due to your breach of this Service Plan, the Agreement or the EULA, such termination shall be without further liability or obligation on our part, including any obligation to refund any fees and charges you already paid to us.  

1.15. AWS ELEMENTAL SUPPORT IS PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING AWS ELEMENTAL SUPPORT, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT AWS ELEMENTAL SUPPORT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.