Support Program

Technology Preview/Early Access Program

Mandiant may make some technology, preview features, support functionality or services, or other offerings available on an early access, preview or beta basis, either at no charge or for a fee. These features are not intended for production use, may not be fully supported, and may not be stable. Such features are provided "as is" without warranty. Mandiant reserves the right to charge fees for preview or beta features if fully released.

Support Terms

If the Customer purchases the Supported Offerings from Mandiant through a Mandiant authorized reseller (a "Reseller"), Customer will be entitled to the applicable Support described above as purchased, provided Customer: (a) is the original purchaser of the Supported Offerings, (b) has provided true, accurate, current and complete information to Mandiant included with its purchase; and (c) has maintained and updated this information to keep it true, accurate, current, and complete.

Support Services will be provided according to the Support Program purchased by Customer during the term of Support (the "Support Term"), including any renewal terms. During the Support Term, Mandiant will provide the following:

• Software Updates - Mandiant will provide Customer notification of bug fixes, maintenance patches and new releases which may contain minor enhancements to the features or functions of the Supported Offerings (“Updates”). Mandiant may designate a particular release of the Supported Offerings as an Update at its sole discretion. Mandiant reserves the right to impose additional charges for releases of Supported Offerings (i) that provide major enhancements to the features or functions of the Supported Offerings, as determined by Mandiant at its sole discretion; or, (ii) that provide additional features or perform additional functions not provided or performed by the Supported Offerings.
• Software Error Corrections¹ - Mandiant will use commercially reasonable efforts to correct any reproducible programming error in the software associated with the Supported Offerings attributable to Mandiant, employing a level of effort commensurate with the severity of the error, provided, however, that Mandiant will have no obligation to correct all errors in the Supported Offerings. Upon identification of any programming error, Customer will notify Mandiant of such error in writing and will provide Mandiant with enough information to locate and reproduce the error. Mandiant will not be responsible for correcting any errors not attributable to Mandiant. Errors attributable to Mandiant will be those that are reproducible by Mandiant on unmodified Supported Offerings. If it is found that a particular error is fixed in the most current Supported Offerings release, then Mandiant will have no obligation to fix the error in any prior Supported Offerings release and Customer will need to upgrade to the current Supported Offering release in order to obtain the fix.

^1.Not applicable to Mandiant Threat Intelligence Offerings or Mandiant Automated Defense. 

Customer Responsibilities

• Requesting Support Services - When requesting Support, Customer should have the following information available to provide to Mandiant, if requested: (i) detailed problem description, including a detailed description of the troubleshooting that has already been done to try to resolve the problem; (ii) detailed system log files; (iii) configuration and login details to allow Mandiant access as needed via the Internet for the purpose of providing support services and permissions needed in order for Mandiant to conduct such remote access; (iv) a detailed description of changes to the environment; and (v) Customer’s unique ID, Account ID, or other unique customer identifier as assigned to Customer by Mandiant. Customer acknowledges that failure to have any or all information or access available as needed by Mandiant in order to provide Support may result in delays in Mandiant’s response, may hinder Mandiant’s ability to perform the Support and/or may cause incorrect Support Program fulfillment. Mandiant will not be responsible for any such delays and inability to perform due to causes not due to Mandiant.
• Customer Assistance - Customer will: (i) ensure that their physical environment complies with any and all applicable Mandiant published system environmental specifications; (ii) follow Mandiant’s procedures when requesting Support; (iii) provide Mandiant reasonable access to all necessary personnel to answer questions or resolve problems reported by Customer regarding the Supported Offerings; (iv) promptly implement all Updates and error corrections provided by Mandiant; (v) maintain Mandiant supported versions of required third party software, if any; and (v) notify Mandiant promptly of any decommissioning of Supported Offerings or relocation of the Supported Offerings from the location in which the Supported Offerings were originally deployed. Customer will use reasonable efforts to resolve internally any support questions prior to requesting Support. During the Support Term, Mandiant may obtain information regarding Customer’s use of the Supported Offerings and communications with Mandiant, which information may include personal information such as email addresses, and Customer agrees that, as a condition to Mandiant’s provision of Support, Mandiant may use statistical data generated regarding Customer’s use of the Supported Offerings and communications with Mandiant so long as the source or content of such communications and any personal data collected is not being disclosed to third parties other than those sub-processors appointed by Mandiant as noted in the Support portal. Providing Mandiant with up-to-date location and usage information helps ensure accuracy in our provisioning of Support Services.
• Contact People - Customer will appoint the specified number of individuals (depending upon the Support Program purchased, as noted above) within Customer's organization to serve as contacts between Customer and Mandiant and to receive support through Mandiant's Support channels which include, web, telephone and email, alongside the Mandiant Community. Customer’s contacts will have been adequately trained on the Products and will have sufficient technical expertise, training and experience. All of Customer's support inquiries will be initiated through these contacts.

Exclusions

Mandiant will have no obligation or responsibility to provide any Support relating to problems arising out of or related to (i) Customer's failure to implement all Updates to the Supported Offerings which are made available to Customer; (ii) the failure to provide a suitable installation environment; (iii) any alteration, modification, enhancement or addition to the Supported Offerings performed by parties other than Mandiant; (iv) use of the Supported Offerings in a manner, or for a purpose, for which they were not designed; (v) accident, abuse, neglect, unauthorized repair, inadequate maintenance or misuse of the Supported Offerings; or relocation of the Supported Offerings, (vi) operation of the Supported Offerings outside of environmental specifications; (vii) interconnection of the Supported Offerings with other products not supplied by Mandiant; (viii) use of the Supported Offerings on any systems other than the specified platform for such Supported Offerings; or (ix) introduction of data into any database used by the Supported Offerings by any means other than the use of the software associated with the Supported Offerings.

Lapsed Support and Upgraded Support

• Lapsed Support - After any lapse of Support, the parties subsequently may elect to reinstate Support for Supported Offerings for which the Support lapsed; provided, however, that Customer agrees to pay for the period of time that has lapsed as well as any renewal Support Term.
• Support Program Upgrade - At any time during the Support Term, Customer may upgrade to Mandiant's next level of Support by (i) notifying Mandiant of Customer's desire to upgrade; (ii) acknowledging in writing the then-current terms and conditions for the relevant Support; and (iii) paying Mandiant or the applicable Mandiant reseller the additional Support Fees owed in connection with such upgraded Support.