Common use of Notice to U.S. Government End Users Clause in Contracts

Notice to U.S. Government End Users. The Software and Documentation are “commercial items,” as that term is defined at U.S. Federal Acquisition Regulation (“FAR”) (48 C.F.R.) 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212. In accordance with FAR 12.212 and the Defense FAR Supplement (“DFARS”) 227.7202 as applicable, and notwithstanding any other FAR, DFARS, or other contractual clause or order of precedence provision to the contrary in any agreement or order into which this Agreement may be incorporated, any the Software and Documentation provided pursuant to this Agreement for use by or on behalf of the U.S. Government is provided with only those rights granted in this Agreement. Use of either the Software or Documentation by or on behalf of the U.S. Government constitutes agreement that the Software and Documentation are “commercial computer software” and “commercial computer software documentation,” respectively, and acceptance of the rights and restrictions herein. Customers under this Agreement that provide the Software and Documentation to end users for use by or on behalf of the U.S. Government shall ensure that the substance of this clause is included in Customer’s agreement (or any of its customer agreements) with such end users and any failure to so incorporate the substance of this clause shall constitute a material breach of this Agreement. Exhibit A Support and Maintenance 1. Support Plans. ExtraHop provides the following support plans: Support Platinum Gold Coverage Support Hours 24 x 7 x 365 Monday – Friday standard business days 6AM – 6PM local time Initial Response Times (coverage hours) Initial Response Time is the time between ExtraHop creating a support case and first contacting the Customer. Severity 1 Phone or Web 1 3 Severity 2 Phone or Web 2 4 Email 4 12 Severity 3 / 4 Phone or Web 4 8 Email 12 Next coverage day Communication Cadence (coverage hours) Communication cadence and priority levels are mutually established by Customer and ExtraHop on a case-by-case basis. Priority 1 Critical 4 12 Priority 2 High 24 Next coverage day Priority 3 Medium 72 3 coverage days Priority 4 Low 120 5 coverage days Hardware replacement Subject to ExtraHop authorization and ExtraHop’s End-of-Life Policy, replacements will be shipped same day if authorized by 12PM PST, otherwise next business day PST. Subject to ExtraHop authorization and ExtraHop’s End-of-Life Policy, replacements will be shipped within 3 coverage days 2. Support Services.