Episerver Find™ - End User Service Agreement (EUSA)

IMPORTANT - PLEASE READ THROUGH THE FOLLOWING TERMS AND CONDITIONS OF THE FIND END USER SERVICE AGREEMENT ("EUSA") BELOW BEFORE YOU USE AND/OR ACCESS THE SOFTWARE SERVICE IN ANY WAY. BY ACCEPTING, SIGNING, OR IN ANY WAY AFFIRMING THE ORDER, OR BY INTERACTING OR IN ANY OTHER WAY USING THE SERVICE, SOFTWARE AS A SERVICE, SOFTWARE OR ANY COMPONENT OFFERED BY Episerver, YOU ACCEPT THE CONDITIONS BELOW AND THIS EUSA BECOMES A BINDING OBLIGATION ON YOU. YOU FURTHER AGREE THAT ALL TERMS OF THE Episerver MANAGED SERVICES GENERAL TERMS AND CONDITIONS SHALL BE CONSIDERED INTEGRATAL TO THIS EUSA. In the event of a conflict between this EUSA and the Managed Services General Terms and Conditions, the terms of the Managed Services General Terms and Conditions shall control. All capitalized terms not defined herein shall have the meanings attributed in the Managed Services General Terms and Conditions.

1. Definitions

"EUSA" means this End User Service Agreement.

"Episerver" means Episerver AB and Ektron Inc.

"Implemented Software" means the implemented third party software listed in Section 6 below.

"You", “Your”, “Customer” means the customer ordering the Service in accordance with this EUSA.

“Order(s)” means the Order Confirmation or Master Managed Services Agreement that You have entered with Episerver.

"Service" means (i) all of the contents of the Episerver Software Platform(s) in machine-readable form provided under this EUSA, including (a) the Software being provided as a Service(s) by Episerver, (b) Implemented Software, and (c) third party software included in the Software, (ii) related explanatory written material or files ("Documentation"); but excluding any part of the original source code of any software.

“Software” means Episerver Find™.

"Third Party Products" means third party software provided by a third party which may be installed together with the Service.

"Use" means to access, modification, personalization and/or execution of the Service in order to utilize the functionality of the Software.

All defined terms and conditions within the Episerver Managed Services General Terms and Conditions (http://www.Episerver.com/legal/Episerver-managed-services-gtc) shall apply in this EUSA.

2. Usage Rights for Episerver Find™ Service

2.1 During the Subscription Term set forth in an Order, Episerver grants to Customer a non-transferable, non-exclusive, worldwide right to permit those individuals authorized by Customer or on Customer's behalf, and who are Customer's employees, agents or Episerver-approved contractors ("Users"), to access and use the Service subject to the terms of this EUSA.

2.1.1 Provision of the Service. During the Subscription Term set forth in an Order, Episerver shall provision and make available to Customer and its Users the Service according to Service documentation and in compliance with the service levels.

2.1.2 Maintenance Services. During the Subscription Term set forth in an Order, Episerver will maintain and enhance the Service so that it will at all times comply with Service documentation and in compliance with the service levels.

2.2 The Service is provided by Episerver from data center facilities to which Users have remote access via the Internet in conjunction with certain online and offline components provided by Episerver hereunder.

2.3 Updates and Supplements. Episerver may update or supplement the Service and/or Software which the Customer use. If so, the Customer may use that update or supplement with the Service. If other terms come with an update or supplement, those terms apply to the Customer’s use of it.

2.4 Modifications. The Customer may modify the disclosed parts of the Service solely in connection with Customer’s internal business purposes. Episerver has no liability for any such modifications or for any faults or errors caused by it. Episerver recommends that Customer implement such modifications with the assistance of a developer certified by Episerver.

2.5 Third Party Products. The Service and underlying Software may be installed together with software provided by a third party ("Third Party Products"). With regards to Third Party Products, the relevant third-party license terms and conditions shall apply. Episerver makes no warranties regarding Third Party Products and disclaims any and all liability for such products.

2.6 Service Channel. The Episerver Service has a build in service channel used for automatic provisioning, installation and updates, security announcements and other information. To be able to provide these services the following information might be transmitted and stored at Episerver: License key information, software version, hostname (website URL), host IP/MAC-address and machine name.

3. Restrictions

3.1 Transfer. Except as expressly authorized in this EUSA, Customer shall not hire out, lease, lend, assign, sublicense, distribute (electronically or otherwise), resell, sell, create any derivative works of, or otherwise transfer all or any portion of the Service or its underlying Software to a third party.

3.2 Decompilation. Except as expressly authorized in this EUSA, explicit contract bound permission given by Episerver, or to the extent expressly permitted by applicable law, Customer shall not copy, modify, reverse engineer, decompile, disassemble, translate, make works derivate of the Software or otherwise attempt to discover the source code of the Service or underlying Software. Any violation of this clause shall result in immediate revocation of this Service. Customer may request permission from Episerver to decompile the Software for purposes of fault analysis, integration planning and other internal business purposes, such permission to be expressly granted by Episerver in writing and at its sole discretion.

3.3 Redirect. The Service shall not be used in solutions that use an internal redirect (automatic server side or client side re-routing of traffic) for purposes of circumventing Episerver license restriction software, code, processes, and/or methods.

3.4 Regulatory. Episerver may modify or terminate the Service in any country where there is any current or future government requirement or obligation that subjects Episerver to any regulation or requirement not generally applicable to businesses operating there, presents a hardship for Episerver to continue operating the Service without modification, and/or causes Episerver to believe these terms or the Service may be in conflict with any such requirement or obligation.

4. Episerver Find™ Service Level Agreements

4.1 Service Level limited by Indexes. The Service that Episerver shall provide Customer will be limited by the number of indexes the Service will provide (e.g. Service shall have a maximum of 2 indexes). Each index will be capped by number of items (e.g. Each index can include a maximum of 5000 items). Each index will also be limited in the number of supported languages (e.g. Each index can include a maximum of two (2) languages). The maximum number of indexes, items and languages shall be specified in Customer’s Order(s), specifically the Pricing Terms.

4.2 Service Level limited by uptime and performance. The Service will have a service level (uptime) assigned and a performance level. The uptime shall be calculated on overall availability of the Service, and shall be measured in a percentage of one hundred (e.g. 99.5%). The performance level associate with the service shall be measured by the number of queries per second that the Service will accommodate. Both uptime and performance level assigned shall be specified in Customer’s Order(s), specifically the Pricing Terms.

4.3 Service Level limited by functionality. The Service may or may include functionality that allows the Service to be capable of web and RSS crawling. If Customer’s Service includes this functionality, it will be specified in Customer’s Order(s), specifically the Pricing Terms.

4.4 Find™ Service Level Levels. The below levels define the SLAs available to the Customer. The specific SLA the Customer is given will be specified in Customer’s Order(s), specifically the Pricing Terms.

	Small	Medium	Large
Application availability	99%	99.50%	99.60%
Availability hours	24/7	24/7	24/7
Service Desk availability	6-24 Business Days*	6-24 Business Days*	6-24 Business Days*
Start time Major incident	1 hour	1 hour	1 hour
Start time Request fulfillment	2 days**	1 days**	1 days**
Start time Change Management	5 days**	2 days**	2 days**
Items per Index	5,000	100,000	1,000,000
Indexes Included	2	2	3
Languages per Index	2	5	10
Queries per second	25	50	75
Find Connectors available?	Web and RSS crawlers available for addition fee	Web and RSS crawlers available for addition fee	Web and RSS crawlers available for addition fee

5. General provision

5.1 For avoidance of doubt, Section 7.1.3 of the Episerver Managed Services General Terms and Conditions applies to all data and information within any index of the Service.

5.2 For avoidance of doubt, Section 7.2.7 of the Episerver Managed Services General Terms and Conditions applies to all data and information within any index of the Service.

5.3 This EUSA is valid for the version(s) of the Software released after January 20th 2014. Episerver may amend the terms and conditions of this EUSA for any upcoming versions of the Software.

5.4 Customer shall not assign or sublicense this EUSA without Episerver’s prior written consent, which consent may be withheld for any or no reason. Either party may assign all or part of its rights under this EUSA to an affiliate or to any entity that succeeds to or acquires all or substantially all of the business or assets of such party through merger, consolidation, or acquisition of stock or assets. This EUSA is binding on any permitted assignees or sub Customers.

5.5 Customer shall ensure that any access of the Service by Customer’s Users, is in accordance with the terms and conditions of this EUSA.

5.6 Electronic Notices. Episerver may provide the Customer with information about the Service in electronic form. It may be via email to the address the Customer provides with the Order(s). Notice via email is given as of the transmission date. As long as the Customer uses the Service, the Customer has the software and hardware needed to receive these notices. The Customer may not use the Service if the Customer does not agree to receive these electronic notices.

6. Implemented Software

6.1 The following software has been implemented as a part of the Product.

(i) Private port of Lucene dot net, Open Source, (Apache License Version 2.0); (ii) ElasticSearch, Open Source, (Apache License Version 2.0); (iii) Apache Commons, Open Source, (Apache License Version 2.0); (iv) Jsoup, Open Source, (MIT); (v) slf4j, Open Source, (MIT); (vi) Apache Thrift, Open Source, (Apache License Version 2.0); (vii) Cron4j, Open Source, (LGPL); (viii) Logback, Open Source, (EPL LGPL); (ix) Node.js, Open Source, (various); (x) Express, Open Source, (MIT); (xi) Redis, Open Source, (BSD); (xii) Restify, Open Source, (MIT); (xiii) Node Extend, Open Source, (MIT) and (xiv) Dateformat, Open Source, (MIT).

6.2 By agreeing to this EUSA the Customer also acknowledges that the license agreements for the above listed software and MIT/BSD licensed components have been made available at http://www.Episerver.com/implemented_software; that the Customer has taken notice of said license agreements; and that the Customer hereby accepts the terms and conditions of these license agreements to be, when applicable, binding to the Customer.

7. Episerver Find™ Fair Use Policy

7.1 For the Service, Episerver shall only store search statics for three (3) months or one hundred thousand (100,000) searches, whichever occurs first.