HCL Terms of Use - Cloud Specific Offering Terms ================================================ The Terms of Use ("ToU") is composed of this HCL Terms of Use - Cloud Specific Offering Terms ("Cloud Specific Offering Terms"); the Master License Agreement (available at https://www.hcltech.com/products-and-platforms/support ) by and between HCL and You, and all documents referred to therein including the Order; and Azure Customer Agreement available at the following URL: https://azure.microsoft.com/en-us/support/legal/subscription-agreement/. Together, these documents, including those referenced therein, make the complete agreement ("Agreement"). Any capitalized terms used but not defined in this ToU shall have the meanings given to such terms in the other documents of the Agreement. In the event of a conflict, the Cloud Specific Offering Terms prevail. By ordering, accessing, or using the HCL Cloud Offerings, You agree to the ToU. 1. HCL Cloud Offering ===================== The following HCL Cloud Offering is covered by these Cloud Specific Offering Terms: Informix sold via Azure 2. Charge Metrics ================= The HCL Cloud Offering is sold under the charge metric(s) as specified in the Order. 3. Charges and Billing ====================== The amount payable for the HCL Cloud Offering is specified in an Order. - Set-Up Charges Set-Up Services are purchased on a per engagement basis and will be billed at the rate specified in the Order. - Partial Month Charges A partial month charge as specified in the Order may be assessed on a pro-rated basis. 4. Technical Support ==================== Technical support for the HCL Cloud is provided via online forums, and an online problem reporting system. Technical support is offered with the HCL Informix Cloud offering and is not available as a separate offering. Severity 1 ---------- Response Time Objectives: Within 1 hour Response Time Coverage: 24x7 - Severity Definition: Critical business impact/service down: Business critical functionality is inoperable or critical interface has failed. This usually applies to a production environment and indicates an inability to access services resulting in a critical impact on operations. This condition requires an immediate solution. Severity 2 ---------- Response Time Objectives: Within 2 business hours Response Time Coverage: M-F business hours - Severity Definition: Significant business impact: A service business feature or function of the service is severely restricted in its use or you are in jeopardy of missing business deadlines. Severity 3 ---------- Response Time Objectives: Within 4 business hours Response Time Coverage: M-F business hours - Severity Definition: Minor business impact: Indicates the service or functionality is usable and it is not a critical impact on operations. Severity 4 ---------- Response Time Objectives: Within 1 business day Response Time Coverage: M-F business hours Severity Definition: Minimal business impact: An inquiry or non-technical request. 5. HCL Cloud Offering Additional Terms ====================================== - General You agree that HCL may publicly refer to You as a subscriber to the HCL Cloud Offering in a press or marketing communication. Personal Information and Regulated Data This HCL Cloud Offering is not designed to any specific security requirements for regulated content, such as personal information or sensitive personal information. You are responsible to determine if this HCL Cloud Offering meets Your needs with regard to the type of content You use in connection with the HCL Cloud Offering. - Security You acknowledge that the HCL Cloud Offering is controlled by You and You agree to maintain the HCL Cloud Offering in accordance with Your security standards and those required under the Azure Customer Agreement. Further, HCL will not be responsible for any claims, losses, and liabilities or damages relating to any claims (including loss of data) made against HCL as a result of Your failure to maintain security standards for the HCL Cloud Offering. - Encryption Informix native encryption is included for all configurations of the HCL Cloud Offering. Informix native encryption encrypts Your Informix database and provides secure local key management based on Public Key Cryptography Standard #12 (PKCS#12). HCL provides You with an initial Informix server with encryption at rest. You are responsible for any change, and further configuration, implementation, and maintenance of encrypted Informix databases using the included Informix options, utilities, and documentation. - Derived Benefit Locations Where applicable, taxes are based upon the location(s) You identify as receiving benefit of the HCL Cloud Offering. HCL will apply taxes based upon the business address listed when ordering an HCL Cloud Offering as the primary benefit location unless You provide additional information to HCL. You are responsible for keeping such information current and providing any changes to HCL. - Your Obligations You are obligated to install patches for Informix, operating system, and other software in a timely manner to avoid defects, avoid security issues, and maintain currency with new functionality. -- You may: Only install and run software on the HCL Cloud Offering that is directly related to performing or supporting use of data through the pre-installed Informix software. You are prohibited from installing or using any other software of any kind on the HCL Cloud Offering. Install additional open source packages for use with the HCL Cloud Offering on the nodes. HCL is not obligated to support these packages and is not responsible for impacts to the performance of the HCL Cloud Offering (i.e. Informix, the operating system, or the hardware platform as a whole) due to these additional packages. -- You may not: Resell direct access to a cloud service to a third party outside Your enterprise.