Subscription-Based Product Support Terms

These Subscription-Based Product Support Terms apply to Subscription-Based Product Support Plans for Netgate’s Software Products.

Together with the Netgate Terms and the Software Terms, and other terms and conditions posted on Netgate.com, these Subscription-Based Product Support Terms govern your purchase and use of Netgate’s Subscription-Based Product Support.

Some of our Products and Services may be eligible to receive “Subscription-Based Product Support,” as may be specified on the Netgate website. You are entitled to receive support on a Product only if you have paid a separate support fee for such product and have registered such Product’s serial number with Netgate.

1. Definitions.

An “Incident” refers to a specific problem you may encounter arising out of the use of the Products or Services. Upon submitting your “Support Request,” we will, in our sole discretion, evaluate the validity of the incident described and determine if we are able to support you via the Subscription-Based Product Support.

“Suport Subscription” refers to your right to receive Subscription-Based Product Support for a single instance of the supported Product. The effective date for a Support Subscription shall be the date upon which we receive payment of the Support Subscription fee. Each Support Subscription will continue for a period of one year from the date we receive payment. All Support Subscription purchases are final and non-refundable. We reserve the right to cancel any Support Subscriptions that have not been paid.

“Subscription-Based Product Support” refers to the support services that we may provide with respect to the Products or Services, pursuant to these terms and conditions. Subscription-Based Product Support is subject to the following specifications and to the requirements and limitations set forth below:

  • Subscription-Based Product Support Characteristics Requirements or Limitations

    • Hours of Availability

      • Subscription-Based Product Support is available 24 hours per day, 7 days per week.

    • Geographic Availability

      • Subscription-Based Product Support is generally available to customers worldwide, but may be subject to the limitations imposed by United States law and any other similar export control laws and regulations.

    • Language Availability

      • Subscription-Based Product Support will be provided in English.

    • Support Subscription Expiration

      • Support Subscriptions expire one year from date of purchase.

    • Products Eligible for Support

      • Subscription-Based Product Support is available only for the Products or Services.

    • Supported Product Versions

      • Subscription-Based Product Support is generally available for the most current Products or Services released and for the one version prior to the current release.

“Subscription-Based Product Support Website” refers to the Netgate Subscription-Based Product Support web page, on which the commercial terms and these Term and Conditions are located or linked.

“Professional Services” are technical or unique functions performed by staff members, independent contractors or consultants whose occupation is the rendering of specialized services that fall outside the scope of Subscription-Based Product Support.

“Resolution” refers to the efforts employed to address an Incident reported in a Support Request. Generally, Resolution is comprised of: (a) information that resolves the problem; (b) information on how to obtain a software solution that will resolve the problem; (c) notice that the problem is caused by a known, unresolved issue or an incompatibility issue with the Products or Services; (d) information that identifies the problem as being resolved by upgrading to a newer release of the Products or Services; (e) notice that the problem has been identified as a hardware equipment issue; or (f) if none of the foregoing are possible despite commercially reasonable efforts to identify and provide such a solution, a determination that there is no solution to the Incident. An Incident for which a Resolution is provided is referred to as “Resolved.”

“Software” refers to the pfSense®, TNSR®, or other Netgate® Products or Services with respect to which you submit a Support Request pursuant to these terms and conditions. If Products or Services are included as part of a bundled package, suite, or series, the term “Software” means each individual product delivered to you as part of that bundled package, suite, or series and described in the User Documentation. You shall have to submit a Support Request for each product of the bundled package, suite or series.

“Support Request” refers to your request for Subscription-Based Product Support. A valid Support Request requires that you provide all required information set forth below.

“Support Ticket” refers to a ticket submitted by you on an instance entitled to receive Subscription-Based Product Support.

“Support Ticket ID” refers to the identification number we send you once you have submitted a Support Ticket.

“User Documentation” refers to the printed or electronic documentation that we or our authorized distributor incorporate in or deliver with or on a package with the Software or send to you on an invoice, via email, facsimile, or otherwise when or after you acquire or install Software, including, but not limited to, license and/or technical specifications, activation code, license files, and/ or instructions on how to use the Software.

2. Fees and Services.

Upon your submission of a Support Request, we will evaluate the validity of the Incident described, and will determine if we will be able to support you via the Subscription-Based Product Support. If we consider your incident to be a valid Incident for the Subscription-Based Product Support, and you do not have a current support agreement, we will send you a purchase link to acquire Subscription-Based Product Support. You may purchase a Support Subscription by paying the fees specified on the Subscription-Based Product Support Website. Once you have paid the applicable fees, your access to the Subscription-Based Product Support website will be activated. Upon registration and completion of your Subscription-Based Product Support purchase, you may contact us to receive Subscription-Based Product Support on the Products or Services in accordance with these terms and conditions. We reserve the right to modify any terms, requirements and limitations of Subscription-Based Product Support provided and/or the Products or Services covered under a Support Subscription, at any time, by either updating these terms and conditions or the Subscription-Based Product Support Website. In the event of any inconsistencies between the terms and conditions and any other terms at the Subscription-Based Product Support Website, the terms of these terms and conditions will govern.

3. Delivery of Subscription-Based Product Support; Limitations.

We will use commercially reasonable efforts to provide a Resolution for each Incident and covered by Subscription-Based Product Support. We, in our sole and reasonable discretion, will determine if the Incident is Resolved.

We will make commercially reasonable efforts to respond to a Support Request within a reasonable time and subject to the specified hours of availability. Examples of requests not included with Subscription-Based Product Support include, but are not limited to, the following: questions relating to the function of third party applications or systems, product training, end-to-end product deployment walk-through, implementing network security outside the context of the Products or Services, HA configuration, network design, or other tasks that fall within Professional Services.

4. Exclusions.

We will not provide Subscription-Based Product Support for problems or issues arising out of or from (a) the use or modification of the Products or Services in a manner for which the Products or Services are not intended to be used or modified; (b) third-party libraries, products (including, but not limited to third party hardware) or technologies and their effects on or interactions with the Products or Services; (c) damage to the hardware (i.e., mobile, computer) on which the Products or Services are installed; (d) use of hardware (i.e., mobile, computer system or subsystem), that is incompatible with the Products or Services; and (e) issues relating to Internet, email, network configuration, resource management, training, on-site diagnosis, or other issues not within the scope of the Subscription-Based Product Support described above.

5. Your Responsibilities.

To receive Subscription-Based Product Support, you must (a) follow the registration instructions provided by us and provide all the correct information requested by us; (b) pay the Subscription- Based Product Support fees, as applicable in your service plan; (c) cooperate with us by providing all information necessary, to assist us in diagnosing the cause of an Incident; and (d) establish and maintain email and telephone communications with us.

You are also responsible for: (a) any and all restoration or reconstruction of lost or altered files, data, or programs; (b) maintaining and implementing data backup measures; (c) all fees in establishing and maintaining email and telephone communications with us; (d) any and all security of your confidential, protected or sensitive information; (e) not disclosing to us any confidential, proprietary or other information that is subject to third party intellectual property rights that may expose us to liability; (f) having a reasonable understanding of the Software for which you seek Subscription-Based Product Support and the computer system (and/or any other hardware) it operates on.

Subscription-Based Product Support is non-transferable to any third party as it is provided for your internal use only. Unauthorized transfer of Subscription-Based Product Support, including any Resolutions received, will be grounds for immediate termination of all Support Subscriptions without refund. You will take reasonable measures to prevent the unauthorized use of Subscription-Based Product Support by any third party. You will not abuse the receipt or use of Subscription-Based Product Support, including but not limited to, accessing Per Incident Support for issues that have already been Resolved.

6. YOUR ACCOUNT

If you use any Products or Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Netgate does not sell products for or to children. Netgate sells products to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Products or Services only with involvement of a parent or guardian. Netgate reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. Review our Privacy Policy for additional information.

Last updated on February 26, 2019