1. Maintenance & Support
CoreMedia renders Maintenance & Support Services, which may be supplemented or specified by a service range presented in the support.coremedia.com customer portal.
CoreMedia will adapt the Maintenance & Support Services to the continuing development of the Product Software and any Add-On as well as the technical progress and take account of any legitimate interests of its subscribers in the event of any amendments.
Which Maintenance & Support services are rendered by CoreMedia (Professional Support or Enterprise Support) is stated in the relevant Order Form.
1.1. Professional Support
a. CoreMedia offers 2nd level support (no user support) for requests from the Subscriber in connection with the licensed Product Software and any Add-On, which will be provided by telephone or by e-mail during business hours. Business hours are Monday to Friday from 9:00 h to 17:00 h CET, with regularly applicable statutory public holidays in Hamburg, Germany being excluded (“Business Hours”). The contact addresses are located at support.coremedia.com.
b. Entitled to take advantage of 2nd level Support Services are the employees named by the Subscriber, who exclusively function as contact persons on the Subscriber’s side with a view to the provision of 2nd level support. The Subscriber shall ensure that these contact persons have sufficient knowledge of the CoreMedia Product Software and / or any Add-On in use.
c. CoreMedia shall make maintenance releases available to the Subscriber for the supported program versions with which errors and defects will be remedied. In this context, CoreMedia is also entitled to remedy errors and defects by means of so-called workarounds or patches, which represent a provisional solution to a problem (together set out as the “Maintenance Release”).
d. CoreMedia shall make minor and major releases available (together “Subscription Releases”). Major releases are program versions with additional and/or modified functions. Minor releases are a package of several smaller functional improvements and/or adaptations.
e. Maintenance and Subscription Releases that CoreMedia makes available to the Subscriber pursuant to this Agreement are deemed to be a constituent part of the Product Software and any Add-On and are subject to the conditions of this Agreement.
f. Subscription Releases shall only be made available for the program versions supported in accordance to section 3, of Exhibit 2.
g. The Subscriber shall provide an SSH, VPN or similar access to its installations of the CoreMedia standard software. Should the remote access link be out of service for any reason, CoreMedia shall provide the Subscriber on request with on-site Support Services against separate remuneration.
1.2. Enterprise Support
In addition to Professional Support, Enterprise Support is rendered if stated in the relevant Order Form. Enterprise Support contains 7 x 24 assistance if the following problems are present:
| 1 – Critical | A productive system has failed completely and is not operational, or the operation of an application critical to the enterprise is so severely impaired by the fault that work process cannot be meaningfully continued. Business operations are sustainably disrupted. No procedure for the provisional solution of the problem is known. |
| 2 – Serious | A fault has occurred that severely impairs an essential functionality, or use of the product is severely restricted, but no system has suffered a sustained failure. Operation can be continued on a limited basis although long-term performance is affected. Business operations are considerably impaired. |
1.3. Extended Support
Depending on the support package selected by the Subscriber in the relevant Order Form (Professional Support or Enterprise Support), Extended Support contains Maintenance Services for program versions that are “End of Regular Support”. Reference is made to section 4 of Exhibit 2.
The regular supply of Subscription Releases is not part of the Extended Support services; instead, the publication of Subscription Releases during Extended Support is at CoreMedia`s sole discretion.
Extended Support is for a maximum period of two (2) years from the End of Regular for the programs deployed. Decisive deadlines for End of Regular Support are listed at www.coremedia.com/de/product-support-lifecycle.
After expiry of the aforementioned two (2) years period, CoreMedia’s Maintenance & Support obligation refers to the program version specified at www.coremedia.de/product-support-lifecycle. The surcharge for Extended Support is not applicable. The decisive factor for the Maintenance & Support obligations is thereafter the support package selected by the Subscriber (Professional Support or Enterprise Support).
1.4. Open-Source Software
Notwithstanding the aforesaid, CoreMedia merely offers Support Services during Business Hours via e-mail for any open-source products supplied (such as CoreMedia Blueprint, Project Workspace). A prerequisite for this is that the error indicated shall be reproducible by means of a non-modified open-source version.
2. Supply of the Releases
Maintenance and Subscription Releases are made available for the Subscriber to download at support.coremedia.com. The Subscriber is responsible for downloading and installing the Maintenance and Support Services.
3. Severity Level and Response times for Maintenance Releases
In the event of errors or defects of the Product Software or any Add-On, the Subscriber shall inform CoreMedia as soon as possible, in as much detail as possible and with a description of the symptoms of the errors or defects, of the conditions of use, preceding instructions and other measures taken by the Subscriber. The Subscriber shall follow CoreMedia`s instructions with regard to the reporting of errors or defects and shall use the guidelines, checklists, web forms specifically provided by CoreMedia from time to time.
CoreMedia will use commercially reasonable efforts to respond to each reported error or defect within the applicable Business Hours according to the following targeted Severity Levels:
| Severity Level | Description |
| 1 - Critical | Partial or complete Production Service failure: A productive system has failed completely and is not operational, or the operation of an application critical to the enterprise is so severely impaired by the fault that work process cannot be meaningfully continued. Business operations are sustainably disrupted. No procedure for the provisional solution of the problem is known. |
| 2 - Serious | Significant operations impairment: A fault has occurred that severely impairs an essential functionality, or use of the product is severely restricted, but no system has suffered a sustained failure. Operation can be continued on a limited basis although long-term performance is affected. Business operations are considerably impaired. |
| 3 - Moderate | Minor errors which do not affect usability: Situations where there is a problem, but the CoreMedia Content Cloud – Self Managed standard software is still usable. The problem can be reasonably circumvented. Adverse effects on business operations are limited. |
| 4 - Minor | errors/suggestions without immediate effect on the Subscriber’s operations Minor problems that have minimal business impact. A condition or Documentation error that has no significant effect on the Subscriber’s operations. A suggestion for new features or an. |
The Parties agree on the following response time (the “Response Time”) with regard to errors and defects. Response Time shall mean the interval of time from when a reported error or defect is reported to when it is initially accepted by CoreMedia personnel.
| Severity Level | Response Time |
| 1 - Critical | 2 hours |
| 2 - Serious | 4 Business Hours |
| 3 - Moderate | 8 Business Hours |
| 4 - Minor | 2 business days |
CoreMedia will assign to each error or defect the severity level as stated above. CoreMedia may be entitled to reject any reported error or defect made by persons other than the designated contact persons or made through unauthorized channels (i.e., phone calls).
Any error or defect are remedied within the following time frame:
| Severity Level | Remedy Time |
| 1 - Critical | 2 hours |
| 2 - Serious | 4 Business Hours |
| 3 - Moderate | 8 Business Hours |
| 4 - Minor | 2 business days |
CoreMedia is not obligated to remedy any errors or defects that are caused (in full or in part) by unauthorized alterations or modifications to the Product Software or any Add-On made by the Subscriber or the Subscriber`s Users or due to the Subscriber equipment or facilities.
CoreMedia can refuse to remedy the error or defect if the Subscriber is in arrears with respect to unpaid and undisputed amounts due to CoreMedia.
3. Remuneration and Payment Obligation
Remuneration for the Maintenance & Support services is specified as a percentage of the listed license price for the software and calculated from this. The price results can be found in the commercial section of the Contract.
For Extended Support a surcharge of 5% is payable on the aforementioned amounts according to which Maintenance & Support services have been selected (Professional Support or Enterprise Support).
The Subscriber’s payment obligation for Maintenance & Support commences with supply of the software. The remuneration for each year of the contract is payable in advance within 14 days of receiving the invoice.
The remuneration always refers to the Subscriber’s entire stock of software. Any relicensing results in an extension of the Maintenance & Support services on the basis of a separate Contract.
If the Subscriber has not ordered Maintenance & Support (Professional Support is required as a minimum) immediately from delivery of the software, he must, in order to obtain the up-to-date status of the software when Maintenance & Support services begin at a later date, pay the remaining Maintenance & Support fees that would have been payable on agreement of Maintenance & Support from the time of delivery. Payment is due immediately and in full. This applies correspondingly in the event of termination and subsequent reactivation of the Maintenance & Support services.
After the initial term (cf. Item 7), the remuneration increases annually by 7%.
3. Supported Programs / End of Regular Support
The obligation to provide Maintenance & Support Services (Professional Support or Enterprise Support) refers exclusively to the program versions listed in the Order Form. The Subscriber shall ensure that the conditions approved with respect to the Production Environment prevail for the software licensed by CoreMedia.
CoreMedia maintains the Product Software and any Add-On in its up-to-date version for a period of three (3) years from publication of the program version (End of Regular Support). CoreMedia will not supply Maintenance Services for older versions unless Extended Support has been acquired by the Subscriber. Extended Support can be used for a maximum period of two (2) years after the End of Regular Support. Thereafter, the respective program version reaches its End of Life.
The current program version is deemed to be that version of the acquired Product Software and any Add-On listed as such in the Customer Portal www.coremedia.de/product-support-lifecycle . This also determines the deadlines for the End of Regular Support and End of Life statuses. If the Subscriber has not agreed any Extended Support with CoreMedia after End of Regular Support status has been achieved, CoreMedia’s Maintenance and Support Service obligations refers to the then current program version specified at www.coremedia.com/de/product-support-lifecycle.
5. Continuing Development of the Software
CoreMedia may modify software interfaces or similar system components and installation specification in minor and major releases but must inform the Subscriber of such modifications in the Customer Portal support.coremedia.com.
CoreMedia is entitled to exchange third-party components for other components of identical functions without the Subscriber’s authorization. For every Subscription Release of the Product Software or any Add-On, CoreMedia shall publish in the Documentation a list of supported operating systems, Java environments, third-party systems, service packages, kernel patches and other relevant conditions that may change during the process of continuing development of the Product Software and any Add-On without the Subscriber’s approval. In this process, the requirements on the Environment for minor and major releases with respect to the requirements regulated in this Agreement will generally neither rise nor jeopardize the sense and purpose of this Agreement.
Any modification will be made on the basis of the CoreMedia release plan. CoreMedia is not obligated to modify the Product Software and any Add-On used by the Subscriber at any time other than that resulting from the release plan. The Subscriber is responsible for carrying out any adaptations necessary due to such. The Subscriber is also responsible for installing the Maintenance and Subscription Releases. Future requirements on the respective operating systems, the Java environment and third-party systems – referring to the individual versions – can be found in the user manual. If CoreMedia publishes any Maintenance or Subscription Releases, the Subscriber is similarly obliged to use the latest Maintenance or Subscription Release and to test the relevant Maintenance and Subscription Release before reporting any errors and defects.
7. Duration and Termination of Contract
The contract on the rendering of Maintenance & Support is tied to the term of the software lease. The contract for the provision of Maintenance & Support ends automatically on termination of the software lease. A differing termination of the Maintenance & Support services is not possible.
