• Priority Support Schedule

    Offering Schedule C
    Priority Support

    The terms and conditions of this Priority Support Offering Schedule (“Priority Support Schedule”) governs Yubico’s provision of priority technical support services (“Priority Services”) as described below and is also subject to the Master Agreement, Subscription Schedule (Subscription customers only), and/or an Order Form as applicable as agreed to between the parties. In the event of any conflict between the terms of this Priority Support Schedule and those of the Master Agreement, the Master Agreement will prevail unless this Priority Support Schedule expressly states otherwise with respect to a specific provision. Unless otherwise defined in this Priority Support Schedule, all capitalized terms will have the meanings given to them in the Master Agreement.

    1) DEFINITIONS

    a) “Business Day” means Monday through Friday, except the legal public holidays, based on the Yubico entity from which you are acquiring Priority Support.

    b) “Business Hour” means 5am to 5pm during a Business Day based on the Yubico entity from which you are acquiring Priority Support.

    c) “Covered Software Utilities and Services” means the Software utilities and services listed in this Priority Support Schedule. For the avoidance of doubt, the term “Covered Software Utilities and Services” does not include “Firmware” as defined in the Master Agreement.

    d) “Customer” means the entity who purchased Priority Support or receives Priority Support as part of an included entitlement of a Yubico Offering.

    e) “Customer Support Contact(s)” means individuals designated by Customer who are trained on the use of the Hardware, Validation Service or Covered Software Utilities and Services and authorized by Yubico to report Problems and make Priority Support inquiries to a Yubico Support Contact. Customer must designate one or more individuals who will serve as the point(s) of contact between the parties for all matters relating to Priority Support.

    f) “Error” means that the Hardware, Validation Service or Covered Software Utilities and Services (or any part thereof) when used in the operating environment and otherwise according to the instructions of Yubico, do not materially operate as defined in published specifications. Defects or non-conformities causing minor and trivial deviations therefrom are not considered as Errors.

    g) “Error Corrections” means patches and bug fixes developed by Yubico to correct Errors.

    h) “Order Form Effective Date” means the date of the last signature date on the Order Form.

    i) “Parties” means Customer and Yubico, and each individually, a “Party”.

    j) “Priority Support” is an offering that (i) provides priority technical support services for Hardware, Validation Service and/or Covered Software Utilities and Services, and (ii) is either purchased by Customer or offered to Customer as an included entitlement as described in the Subscription Schedule. Priority Support is provided as follows: (a) Yubico, Inc. Business Days and Business Hours are local to Santa Clara California, U.S.A. and (b) Yubico AB Business Days and Business Hours are local to Stockholm Sweden. Yubico, may, in its sole discretion, provide Priority Support from its various office locations worldwide.

    k) “Priority Support Plan” means the Priority Support plan offerings identified in this Priority Support Schedule.

    l) “Priority Support Plan Term” means the period beginning on the Order Form Effective Date and ending 12 months thereafter, unless earlier terminated in accordance with the Master Agreement.

    m) “Problem” means a problem or error encountered in the reasonable and authorized use of the Hardware, Validation Service or Covered Software Utilities and Services that (i) degrades the performance of the Hardware, Validation Service or Covered Software Utilities and Services, as compared to its published specifications, or (ii) renders one or more features of the Hardware, Validation Service or Covered Software Utilities and Services wholly or partly inoperable.

    n) “Problem Report” means a reasonable description of a Problem encountered by Customer or its users, including: the user who encountered the Problem, the date and time the Problem was encountered, the operating environment the problem occurred in, the functions the user was attempting, the steps taken by the Customer Support Contact to resolve the problem prior to submitting a Problem Report and a reproducible test case.

    o) “Order Form” means Yubico sales order form.

    p) “Priority Support Fees” means Priority Support fees paid as outlined on an Order Form or as outlined in a purchase through a Yubico authorized channel partner.

    q) “Update” means Error Corrections, minor enhancements and patches and other minor changes to the Covered Software Utilities and Services that are generally made available by Yubico to its Customers at no additional cost pursuant to the Priority Support. Updates do not include enhancements to or new versions of the Covered Software Utilities and Services that provide substantial new, enhanced or different features, functions or performance.

    r) “Updated Hardware” means replacement Hardware designed to correct an identified critical security issue in an existing Hardware.

    s) “Upgrade” means any new functional releases of the Covered Software Utilities and Services and Validation Service provided pursuant to the Priority Support. Upgrades do not apply to Hardware.

    t) “Yubico” means: Yubico, Inc., 5201 Great America Parkway, Suite 122, Santa Clara, CA 95054, U.S.A. if Customer is acquiring the Priority Support in the Americas; and Yubico AB, Gävlegatan 22, 113 30 Stockholm, Sweden if Customer is acquiring the Priority Support outside of the Americas.

    u) “Yubico Support Contact(s)” are those individuals designated by Yubico to assist Customer with Problems. Customer Support Contacts shall communicate with Yubico Support Contacts in order to report and resolve a Problem and respond to inquiries.

    v) “Workaround” means a change in the procedures followed or data supplied by Customer to avoid an Error without substantially impairing Customer’s use of the Hardware, Validation Service or Covered Software Utilities and Services.

    2) PRIORITY SUPPORT. During the Priority Support Plan Term, Yubico will provide Priority Support in
    accordance with the terms and conditions of this Priority Support Schedule. For Yubico’s customers that do not receive Priority Support as an included entitlement of an Offering, Yubico’s provision of Priority Support is also subject to Customer’s payment of any applicable fees and the Priority Support Plans purchased via an Order Form or through a Yubico authorized channel partner.

    a) Priority Support Plans. The Priority Support Plan offerings identified in the table below are current as of the
    execution of the Master Agreement and may be amended, modified, or discontinued by Yubico at its sole discretion. Customer may request the then-current version of the Priority Support Plans from Yubico at any time, provided such requests are made at a commercially reasonable frequency. Yubico shall promptly provide the most recent version upon request.

    PRIORITY SUPPORT PLANHARDWARECOVERED HARDWARE
    Problem Reporting and Support– YubiKey
    – YubiHSM    		UTILITIES

    Available to Subscription & Perpetual Customers

    – Yubico Authenticator
    – YubiEnroll (CLI)
    – YubiKeyManager (CLI)
    – Yubico PIV Tool
    – YubiKey Smart Card
    – Minidriver
    – YubiHSM SDK/KSP

    Available to Subscription Customers Only

    N/A    		SERVICES

    Available to Subscription & Perpetual Customers

    – YubiKey as a Service Customer Portal
    – YubiKey as a Service API

    Available to Subscription Customers Only

    Yubico Enrollment Suite (including Yubico Pre-reg API and Yubico FIDO Connector App)
    Validation Service Support
    (only available for purchase as an add-on to a Priority Support Plan)    		N/AN/A– YubiCloud

    b) Validation Service Use. If Customers elects to use Yubico’s Validation Service as an add on to a Priority Support Plan, Customers implementing OTP validation using YubiCloud shall:

    i) Reasonably limit the combined request rate of OTP validation sessions from all YubiCloud clients sharing the Client ID to prevent disruptions to the integrity or performance of the Validation Service;

    ii) Not conduct benchmarking, performance or comparison tests, or security/vulnerability test of the Validation Service in any manner;

    iii) Comply with additional YubiCloud usage requirements made available to Customer from Yubico including but not limited to User Guides and information at https://status.yubico.com.

    c) Yubico may provide the following standard offerings to all Customers that have purchased Priority Support:

    Web SupportAccess to Yubico’s online resources, offering the Customer the ability, on a 24×7 basis (24 hours a day, seven days a week), to download documentation, available patches and known bug fixes, incompatibility, Updates and Workarounds for the Hardware, Validation Service and/or Covered Software Utilities licensed to Customer.
    Helpdesk Email AccessEmail support for general questions related to the use of the Hardware, Validation Service and/or Covered Software Utilities as applicable.

    d) Priority Support for Covered Software Utilities and Services.

    i) Scope. Priority Support for Covered Software Utilities and Services include the following: (a) provide Updates as such Updates become generally available; and (b) Yubico will work to correct Problems with the Covered Software Utilities and Services by email.

    ii) Updates and Installation. On an ad hoc basis, Yubico will make available, free of additional charge, Updates for the Covered Software Utilities and Services and such Updates will be made available to Customer at https://www.yubico.com/support/download/ or another Yubico’s designated site. Customer agrees to use commercially reasonable efforts to promptly download and install all Updates in order to maintain the Covered Software Utilities and Services at the most current revision level. Yubico will only be obligated to provide Priority Support for the most current version of the Covered Software Utilities and Services. Customer is solely responsible for all costs of installation of Updates. Notwithstanding anything to the contrary in this Agreement, Yubico disclaims any and all warranties in the Covered Software Utilities and Services to the extent Customer does not install any Updates made available by Yubico.

    e) Priority Support for Hardware.

    i) Scope. Subject to the terms in this Priority Support Schedule, Yubico will make available to Customer Updated Hardware when Yubico has become aware of a critical security vulnerability with a previous version of Hardware that could materially adversely affect the security of Customer’s data. The determination of whether a critical security vulnerability exists that could materially adversely affect a Customer’s data shall be made by Yubico in its sole discretion.

    ii) Prompt Replacement of Existing Hardware. Upon receiving Updated Hardware, Customer agrees to use commercially reasonable efforts to promptly replace the compromised existing Hardware with the Updated Hardware and provide evidence of the destruction of the compromised Hardware to Yubico if requested.

    f) Severity Levels and Response Times.

    i) Severity Level Classification.

    Severity LevelDescription
    Severity 1 or “Sev 1” means:– Validation Service (YubiCloud) is unavailable.
    – Validation Service (YubiCloud) is in a critical state and is actively impacting a large number of customers or users with no possible workaround.
    – The issue with the Validation Service impacts essential customer business activities and is actively affecting most/all customers or customer users with no possible workaround.
    – A customer-data-exposing security vulnerability has come to our attention.
    Severity 2 or “Sev 2” means:– Validation Service (YubiCloud) is experiencing severe performance degradation for most/all users with no practical or easily implemented workaround.
    – Any other event of which a Yubico employee deems warrants an incident response.
    Severity 3 or “Sev 3” means:– The problem is severe but the Validation Service and or issue does not impact essential business activity.
    – The issue is not affecting the majority of customers or users and a practical workaround exists.
    – The Validation Service is functionally operating but in a degraded state (e.g. no redundancy; failure of one more instance of a resource will result in an outage, sub-optimal performance or capacity).
    – The functionality that is impacted is not in a critical business path.
    – The issue is with YubiCloud’s Upload or Upgrade sites.
    Severity 4 or “Sev 4” means:– General questions relating to the Covered Software Utilities and Services, or the Validation Service, including technical integration questions.
    – Requests for enhancement.
    – The Covered Software Utilities and Services and/or Validation Service or issue does not impact essential business activity.
    – The issue is in an area that does not impact functionality (e.g. typo or documentation issue).

    ii) Severity Level Response Times. Yubico’s Priority Support availability and response time is dependent on the applicable Severity Level as set forth in the table below.

    SEVERITY LEVELSSEV 4SEV 3SEV 2SEV 1
    Support AvailableBusiness Hours 5am-5pmBusiness Hours 5am-5pm24/7 365 days/year24/7 365 days/year
    Initial Response Time – Acknowledgement of the issue reported2 Business Days1 Business Day2 Hours15 min
    Support Request Update Frequency (when Customer reports issue)N/AN/A4 Business Hours (updates during business hours)1h
    Availability of Service Target (Validation Service (YubiCloud) Only)*Proactive notification of scheduled maintenance/upgrades 99.9% – Not Including Maintenance/Upgrades and subject to Customer’s adherence to the YubiCloud Validation Service Terms of Use, attached as Annex 1Proactive notification of scheduled maintenance/upgrades 99.9% – Not Including Maintenance/Upgrades and subject to Customer’s adherence to the YubiCloud Validation Service Terms of Use, attached as Annex 1Proactive notification of scheduled maintenance/upgrades 99.9% – Not Including Maintenance/Upgrades and subject to Customer’s adherence to the YubiCloud Validation Service Terms of Use, attached as Annex 1Proactive notification of scheduled maintenance/upgrades 99.9% – Not Including Maintenance/Upgrades and subject to Customer’s adherence to the YubiCloud Validation Service Terms of Use, attached as Annex 1
    Incident Analysis Reporting to Support Customer (Validation Service (YubiCloud) Only)*N/AN/AProvided within 20 Business Days after issue resolution.Provided within 20 Business Days after issue resolution.

    * The last two rows of the table are only applicable to Customers who have purchased Validation Service (YubiCloud) Support

    g) Problem Reporting and Resolution.

    i) Prior to submitting a Problem Report, Customer shall make all reasonable efforts to resolve the Problem without assistance from Yubico. Customer Support Contacts shall attempt to reproduce any problems reported to them by Customer’s users and only report reproducible Problems to Yubico. For Problems that the Customer is unable to resolve itself, Customer Support Contacts shall report the Problem to Yubico all communications concerning Problem identification and resolution shall occur between Customer Support Contacts and Yubico Support Contacts. Valid Problem Reports must be submitted to Yubico in English.

    ii) Yubico shall address reported Problems in accordance with the Severity Level assigned to such Problem by Yubico. Yubico shall exert good faith, commercially reasonable efforts to achieve the response times set forth in the Severity Level table, above. However, Customer acknowledges and agrees that Yubico may not be able to achieve such response times at all times and under all circumstances.

    h) Exclusions.

    i) Customer Generated Errors. Yubico will have no obligation to provide Priority Support of any kind for problems in the operation or performance of Hardware, Validation Service or Covered Software Utilities and Services to the extent caused by any of the following (each, a “Customer-Generated Error”): (a) non-Yubico software or hardware products or use of the Hardware, Validation Service or Covered Software Utilities and Services in conjunction therewith; (b) modifications to the Hardware, Validation Service or Covered Software Utilities and Services made by any party other than Yubico; and/or (c) Customer’s use of the Hardware, Validation Service or Covered Software Utilities and Services other than in a reasonable manner and as authorized by Yubico.

    ii) Priority Support Exclusions. Priority Support applies only to the Hardware, Validation Service, and/or Covered Software Utilities and Services listed in Section 2(a) (Priority Support Plans) and any applicable Updates and Upgrades but only for the duration of each such item’s term through its designated end-of-life stage as outlined in Yubico’s End of Life policy located here: https://www.yubico.com/support/terms-conditions/yubico-end-of-life-policy/. For customers purchasing perpetual-licensed Hardware, Priority Support does not cover any new Hardware purchased after the Priority Support Order Form Effective Date. The granting of rights of use and the delivery of the relevant license files for all Updates and Upgrades will be limited to the number and type of Hardware, Validation Service and/or Covered Software Utilities and Services as well as the terms of use thereof, for which this Agreement has been concluded.

    iii) Integration/Implementation Services. Priority Support does not include support of Hardware, Validation Service and/or Covered Software Utilities and Services implementation and/or integration with third-party software platforms and programs, such as Certificate Management Systems (CMS), Identity Providers (IdP) and Identity and Access Management (IAM) systems.

    i) Warranty and Disclaimer

    i) Disclaimer. EXCEPT FOR THE LIMITED WARRANTIES AS SET FORTH IN THIS PRIORITY SUPPORT SCHEDULE, YUBICO DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM YUBICO OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS PRIORITY SUPPORT SCHEDULE. Yubico does not warrant that the Updated Hardware, Updates, Error Corrections, Workarounds and Priority Support provided or made available pursuant to this Priority Support Schedule will meet Customer’s requirements, or that the Updated Hardware, Updates, Error Corrections and Workarounds will work in the combinations that Customer may select, or that the operation of the Updated Hardware, Updates, Error Corrections, Workarounds and Priority Support will be error-free or that all errors in the Hardware, Validation Service, and/or Covered Software Utilities and Services will be corrected. Yubico will have no obligation or liability for any Customer-Generated Errors. EXCEPT AS EXPRESSLY SET FORTH HEREIN, (I) ALL UPDATED HARDWARE ARE SUBJECT TO THE SAME TERMS AND CONDITIONS THE PARTIES AGREED TO IN THE MASTER AGREEMENT AND IN THE SUBSCRIPTION OR PRODUCT SCHEDULE AS APPLICABLE ,WITH RESPECT TO THE ORIGINAL HARDWARE THAT ARE REPLACED BY THE UPDATED HARDWARE, AND (II) ALL UPDATES ARE SUBJECT TO THE SAME TERMS AND CONDITIONS THE PARTIES AGREED IN THE MASTER AGREEMENT WITH RESPECT TO THE SOFTWARE MODIFIED OR REPLACED BY THE UPDATES.

    ii) Updated Hardware Warranty. Unless provided otherwise, the warranty for any Updated Hardware shall persist for the longer of the remaining period of the original one-year Hardware warranty as described in the Master Agreement or 90 days from the date Yubico ships the Updated Hardware to Customer.

    iii) Priority Support Warranty for Covered Software Utilities and Services. Yubico warrants that the Priority Support will be performed in a workmanlike manner by qualified personnel familiar with the Covered Software Utilities and Services and its operations. This warranty will be in effect for a period of 30 days from completion of Yubico’s performance of the affected Priority Support.

    iv) Sole Remedy. Except solely as set forth in this Section, Fees for Priority Support are non-refundable. As Customer’s sole and exclusive remedy and Yubico’s entire liability for any breach of the warranty set forth in Section 2(h)(iii) regarding Yubico’s provision of Priority Support for Covered Software Utilities and Services, Yubico will, at its option: (a) promptly re-perform the Priority Support in an attempt to correct any Errors; (b) provide Customer with a reasonable procedure to circumvent the nonconformity; or (c) refund to Customer an equitable portion of the fees paid if the Problem cannot be resolved.