INDUCTIVE AUTOMATION
MAINTENANCE AND SUPPORT TERMS

Inductive Automation and You have entered into, as applicable, (i) the master software license agreement available at https://inductiveautomation.com/ignition/license (the “General Agreement”) or (ii) a separate and fully executed master software license agreement (an “Executed Agreement”, and the General Agreement or the Executed Agreement, as applicable, the “Agreement”). In addition to the Agreement (which is incorporated herein, in full, by reference), these Maintenance and Support Terms (these “Support Terms”) establish terms and conditions applicable to Support Services provided by Inductive Automation for the Software under the Agreement, and all Support Services are governed by these Support Terms in addition to the Agreement.

Capitalized terms not defined in these Support Terms will have the meanings assigned to them in the Agreement; provided that with respect to a licensee of the Software who is a party to an Executed Agreement, all references to “You” herein shall refer to such licensee.

  1. SUPPORT SERVICES.
    1. Generally. Support Services are offered to assist You with issues and questions related to the Software beyond what is covered in the Documentation. You acknowledge that it may not be feasible or practicable for Inductive Automation to correct every or any Bug, error, or problem reported by You or of which Inductive Automation is aware. You understand that Inductive Automation may need additional information regarding Your use of the Software to provide the Support Services and that some issues may be outside the scope of the Standard Support Services and may require You to purchase Additional Support Services. Free Software or Software that is designated as end-of-life, retired, discontinued, obsolete, or legacy on the Order is not covered by any Support Services, unless explicitly provided otherwise on the applicable Order.
    2. Free Support Services. Inductive Automation may, in its sole discretion, make free support services available to end users of the Software from time to time (“Free Support Services”). Free Support Services available to end users, if any, will be identified and described in Inductive Automation’s then-current support program available at https://inductiveautomation.com/support/policy/ (the “Support Program”).
    3. Standard Support Services. Inductive Automation’s standard, paid support services consist of (i) Technical Support (as defined below) and (ii) Bug corrections (collectively, “Standard Support Services”), as follows:
      1. Technical Support. Inductive Automation will use commercially reasonable efforts to assist You with the following technical issues related to the Software (“Technical Support”):
        • Installation and Downloads: Support for installation includes troubleshooting related to Your downloading and installing of the Software.
        • Basic Configuration Issues: Support for configuration includes troubleshooting Your configuration settings for existing installations to ensure proper operation and connectivity.
        • Questions: Inductive Automation’s qualified personnel will answer Your “how to” questions related to standard and intended Software usage.
        • Unexpected Behavior: Support for unexpected behavior includes troubleshooting unexpected problems with or behavior of the Software that occur when You are using the Software in accordance with the Documentation.
        • New Version: Support for issues regarding the replacement of a previous version with a newer version of the Software.
      2. Bug Corrections. You may report any suspected Bug to Inductive Automation, and You will provide Inductive Automation with a detailed written description and documentation of the suspected Bug. You will cooperate with Inductive Automation’s investigation of the reported Bug. If Inductive Automation finds that the Software contains a Bug, Inductive Automation will use commercially reasonable efforts to correct the Bug through a patch or workaround or via a future Update or Upgrade of the Software, at the sole discretion of Inductive Automation.
    4. Support Plans for Standard Support Services. You may access Standard Support Services based upon the paid maintenance and support plan (each, a “Support Plan”) that You have purchased for any given Instance of the Software and its associated Activation Key. Inductive Automation will perform Standard Support Services based upon the prioritization, target response time and other criteria applicable to any given Support Plan. For a description of the Support Plans available for purchase and their applicable fees, please refer to the Support Program. Support Plans are purchased as further described below.

      For purposes of clarification, Standard Support Services are only available where a Support Plan is purchased for a single Instance of the Software and its associated Activation Key. For each Instance of the Software that You want Standard Support Services for, You must purchase a Support Plan for that Instance and its associated Activation Key. When You contact Inductive Automation to access Standard Support Services, You will be required to provide an Activation Key and You will only receive Standard Support Services if the Instance of the Software associated with that Activation Key has an active Support Plan.
    5. After-Hours Support. If You have purchased a Support Plan that includes access to phone support, You may call Inductive Automation’s support personnel outside of the then-current standard hours of operation identified on the Inductive Automation Help Center (“After-Hours Support”). After-Hours Support is invoiced and payable as further described below.
    6. Additional Support Services. Inductive Automation may make available for purchase from time-to-time additional support levels or services beyond Standard Support Services, which may include enhanced support levels and optional services such as remote support, agent-based diagnosis service or remote monitoring, support for prior versions and extended support hours (“Additional Support Services”). Fees for Additional Support Services are purchased as further described below.
  2. PURCHASE OF PAID SUPPORT SERVICES.
    1. Support Plans - Duration. You may purchase a Support Plan from Inductive Automation or a Reseller for an initial one-year support term or other time period specified in the Order under which a Support Plan is purchased (“Initial Support Plan Term”). After its Initial Support Plan Term, the applicable Support Plan will automatically renew for successive one-year periods (each, a “Renewal Support Plan Term” and, together with the Initial Support Term, the “Support Plan Term”) at Inductive Automation’s then-current rates unless either party provides written notice to the other party of its intent not to renew at least 30 days prior to the end of the Initial Support Plan Term or then-current Renewal Support Plan Term. If You acquire additional Activation Keys during the Support Term, Inductive Automation may adjust the annual Support Term and pro-rate the applicable fees to be conterminous with the existing Support Term and billing cycle. If You do not renew Support Services, You will lose access to Support Services, and Inductive Automation will not make Software Upgrades (as defined below) available to You after the expiration of the then-current Support Term.
    2. Support Plans - Reinstatement. If a lapse occurs in Your Support Plan coverage for an existing Instance of the Software (and its associated Activation Key) and You want to reinstate a Support Plan for that Instance of the Software, then You will be charged a reinstatement fee consisting of, at a minimum, all fees that would have been charged under Your prior Support Plan during its lapsed period (calculated at a daily rate). Reinstatement and reinstatement fees must be agreed to by both You and Inductive Automation, and reinstatement is not guaranteed.
    3. Support Plans - Fees. For Support Plans directly purchased from Inductive Automation, the fees for the Support Plan will be set forth on the Order under which it is purchased. Except as set forth in the Agreement, all Support Plans are non-refundable and non-cancelable during the applicable Support Plan Term.
    4. After-Hours Support. After-Hours Support will be billed at a rate of $450 USD per hour (billed in hourly increments). Fees for After-Hours Support will be invoiced to end users on a monthly basis and payable in accordance with the Agreement.
    5. Additional Support Services. Additional Support Services will be itemized and detailed on, and payable as set forth in, the Order under which they are purchased.
  3. ACCESS TO SUPPORT SERVICES.
    1. Free Support Services. Free Support Services, as offered from time to time, may be accessed as described in the Support Program.
    2. Standard Support Services. Standard Support Services may be accessed based upon the Support Plan that You have purchased. The means by which Standard Support Services can be accessed for each Support Plan are described in the Support Program.
    3. General. If reasonably requested by Inductive Automation, You will allow Inductive Automation to perform Support Services via remote screen-sharing technology. On the Inductive Automation Help Center, You may (when available) log support requests, report suspected Bugs, monitor progress on requests, download fixes and workarounds, exchange information on a community forum, and access release notes and other information about the Software.
    4. Reseller Support. Inductive Automation makes no representations and warranties regarding, and disclaims any and all liability associated with, your receipt of support services from any Reseller of the Software. Your receipt of support services from any Reseller of the Software is solely at your own risk and liability.
  4. TECHNICAL CONTACT. You will, upon request by Inductive Automation, designate one or more employees as the technical contacts for Support Services. Any technical contacts that You designate must be trained by You on the Software and will serve as Your sole contacts for accessing Support Services.
  5. YOUR OBLIGATIONS. You have the following obligations regarding Your access to Support Services:
  6. EXCLUSIONS TO SUPPORT SERVICES. Inductive Automation has no obligation to provide Support Services for issues relating to the following, each as determined by Inductive Automation in its sole discretion:
  7. NEW RELEASES OF THE SOFTWARE.
    1. Software Updates. For each Instance of the Software that You have purchased, You will have access to Updates for the specific version of that Instance of the Software, as available and free of charge. Updates may be accessed at the Inductive Automation Help Center.
    2. Software Upgrades.
      1. Active Support Plan. If You have an active Support Plan for an Instance of the Software and its associated Activation Key, You will have access to Upgrades of the Software covered by the applicable Support Plan, as available and without any additional fees. Upgrades may be accessed at the Inductive Automation Help Center.
      2. No Active Support Plan. If You do not have an active Support Plan for an existing Instance of the Software but want to Upgrade that Instance, You must pay a fee of 65% of the current retail price of the most current version of the Software that is available for sale. For clarification, You are not required to Upgrade to the most current version of the Software that is available for sale, but the fee that You will pay to Upgrade to an earlier version of the Software is still based on the price of the most current version of the Software that is available for sale.
      3. General. Your right to Updates and Upgrades (if applicable) does not extend to any software that Inductive Automation develops on a customized basis for a single customer or that Inductive Automation develops and licenses as a separate product. You are responsible for (i) the installation and implementation of any Update or Upgrade and any required integration or data conversion, and (ii) the compatibility and configuration of Your equipment and software with the Software provided by Inductive Automation. For the avoidance of doubt, while Upgrades are discussed in these Support Terms and the Support Program insofar as Upgrades for an Instance of the Software may be available to You if You have an active Support Plan for that Instance of the Software, Upgrades do not constitute Support Services for purposes of the Agreement and these Support Terms.
  8. SUPPORT OF PRIOR VERSIONS OF THE SOFTWARE. Upon an Update or Upgrade of the Software, Inductive Automation will maintain the current version of the Software and the most current Update that relates to the immediately preceding Upgraded version of the Software. For example, If a Bug has been corrected in an Update to the prior Upgraded version, Inductive Automation may require the You to upgrade to the Updated version that contains the Bug correction rather than providing a separate patch or workaround.
    1. Supported Versions. Current versions of the Software that are maintained and supported by Inductive Automation are identified in the Support Program, as updated by Inductive Automation from time to time.
    2. End-of-Life Versions. Versions of the Software that have reached their end-of-life are no longer maintained or supported by Inductive Automation. End-of-life versions of the Software are identified in the Support Program, as updated by Inductive Automation from time to time. If You are upgrading from an end-of-life version of the Software to a supported version of the Software, then Inductive Automation may provide Technical Support to You for the upgrade to the supported version as set forth above. Inductive Automation will use commercially reasonable efforts to announce the end-of-life date for each version of the Software. For purposes of clarity, You can continue to activate and use end-of-life versions of the Software.
  9. THIRD-PARTY PRODUCTS. Inductive Automation only certifies that third-party products will function in conjunction with the Software in accordance with the Documentation when the third-party products are provided to You directly by Inductive Automation. Any other use of third-party products by You, whether as a stand-alone product or with the Software, have not been tested and are not certified by Inductive Automation. While Inductive Automation may assist You with the interoperability of products acquired from a third party with the Software, Inductive Automation has no obligation (i) to support such third-party products or (ii) with respect to the impact of such third-party products on the Software. You will ensure that Inductive Automation has the rights to use any third-party products or other third-party intellectual property made available to Inductive Automation by You for the performance of Support Services.
  10. UNSUPPORTED OPERATING ENVIRONMENT. Support Services apply only to the operation of the Software when used according to the Agreement and the applicable Documentation. Inductive Automation is not obligated to provide Support Services for Software run on an unsupported platform or Software that has been modified by anyone other than Inductive Automation. Supported configurations and hardware environments are described in the Documentation.
  11. THIRD-PARTY HOSTING PROVIDERS. If You use a third party to host the Software on Your behalf, You will, upon request, be required to demonstrate that any reported Bug is not the result of the third-party hosting (for example, by reproducing the problem on physical hardware).
  12. ANTI-HARASSMENT POLICY. Inductive Automation understands that many matters requiring the help of Support Services are high-pressure, time-sensitive, and costly. That said, Inductive Automation takes any disrespect or abuse of our support personnel seriously. Inductive Automation will take immediate action against You (including, without limitation, terminating (without refund) Your right to receive Support Services) if You or anyone contacting us on Your behalf uses aggressive or harsh language or threatens, disrespect, abuses, demeans, or otherwise engages in unprofessional behavior towards Inductive Automation’s employees or contractors.
  13. NOT TRAINING. Support Services are not a replacement for training. Inductive Automation offers many different types of training and educational materials, including Inductive University. Inductive Automation’s interactive, live training classes are regularly offered and are a great way to increase Your team’s expertise. And of course, the Documentation is a reference with extensive product information. Please make use of Inductive Automation’s training and educational materials to learn how to use the Software.
  14. SYSTEMS INTEGRATION AND DESIGN SERVICES. The Support Services do not include (i) systems integration services, (ii) extensive design, configuration or implementation advice or recommendations, or (iii) consulting services. To achieve Your project requirements, many different skills may be required (e.g., authoring Python scripts or writing SQL queries). If You need significant or advanced help building Your project or using the Software, You may contact one of Inductive Automation’s system integrators or another third party of your choice.
  15. CHANGES. Inductive Automation may change the Support Services and Support Terms from time to time by upon 90 days’ written notice to You (updating the Inductive Automation website is sufficient) so long as the amendment is not specific to You. For purposes of Support Services only, changes to the Support Terms are effective only upon Your renewal of Support Services. Changes to the Agreement, to the extent the changes apply to the Support Services, will only go into effect upon a renewal of the Support Services. Changes will not take effect during the then-current Support Term without Your written consent. Nothing in this provision affects the applicability of changes to other terms You have with Inductive Automation other than for Support Services.