Maintenance and Support Policy

1. Introduction

Unless otherwise stated, this Maintenance and Support Policy for Progress End Users applies only to maintenance and support for Supported Products purchased by End Users directly from Progress. If you are a Progress partner, please refer to the separate Maintenance and Support Policy for Progress Partners located on the Progress PartnerLink portal.

If you are a Progress End User who purchased licenses for the Supported Products through a Progress partner (i.e., a party designated by Progress as being authorized to resell and distribute the Supported Products, either on a standalone basis or in conjunction with the third party’s software application(s)) then certain technical support services may be provided by the Progress partner. Contact the Progress partner for additional details regarding allocation of technical support responsibilities for the Supported Products and for contact information for technical support. In the event the Progress partner confirms that you are to contact Progress directly for support, then this Maintenance and Support Policy for Progress End Users will apply to you.

Supported Products are the following Progress software products described by product line and further defined in Section 1.1.(l):

• Progress^® OpenEdge^®
• Progress^® Corticon^®
• Progress^® DataDirect^®

1.1. Definitions

1. “Defects” means defects in the distribution media or material differences between the operation of the Supported Product and the description of the operation of the Supported Product as provided in the technical documentation issued with the Supported Product.
2. “End User” means (i) a party who has obtained one or more Supported Product(s) from Progress and (ii) is licensed to use the Supported Product(s) solely for its internal business operations and in accordance with the terms and conditions of the License Agreement.
3. “License Agreement” means (i) a written mutually-executed license agreement between Progress and End User that governs End User’s use of the Supported Product; or, if no such mutually-executed license agreement exists, (ii) Progress’ end user license agreement accompanying the Supported Product that is subject to click thru acceptance by End User.
4. “Major Version” means a revision of the Supported Product reflected by a change in the number left of the first decimal point (e.g., from 5.0 to 6.0). A Major Version typically contains major new product functionality and may also contain minor enhancements and/or bug fixes which are made generally available by Progress to its End Users for Supported Products. For some product lines the related Progress Product Life Cycle guide may not differentiate Major Version from Minor Version, and may categorize Major Version (or Major Release) and Minor Version (or Minor Release) as Version (or Release) only.
5. “Mature Phase” means a Minor Version or Major Version of a Supported Product that has been designated by Progress as being in the mature phase of its lifecycle in the then current Progress Product Life Cycle guide. For some product lines Mature Phase can be referenced as (or replaced by) Sunset Phase, and the related Progress Product Life Cycle will detail its terms.
6. “Minor Version” or “Enhancement Version” means a revision of the Supported Product reflected by a change to the right digit of the first decimal point (e.g., from 11.5 to 11.6). Minor Version typically contains minor enhancements and/or bug fixes, and may also contain major new functionality, which are made generally available by Progress to its End Users for Supported Products. A Minor Version is issued in between the issuance of Major Versions. For some product lines the related Progress Product Life Cycle guide may not differentiate Minor Version from Major Version, and may categorize Minor Version (or Minor Release) and Major Version (or Major Release) as Version (or Release) only.
7. “Progress” means either Progress Software Corporation or, if the End User has entered into a License Agreement with a Progress Affiliate, then such Progress Affiliate.
8. “Progress Affiliate” means any corporation, firm, partnership or other entity that directly or indirectly controls, is controlled by, or is under common control with Progress Software Corporation. For the purposes of this definition, “control” means ownership, directly or indirectly, of more than fifty percent (50%) of the voting shares or other equity interest in an entity.
9. “Retired Phase” means a Minor Version or Major Version of a Supported Product that has been designated by Progress as being in the retired phase of its lifecycle in the then current Progress Product Life Cycle guide.
10. “Service Pack” means a revision of the Supported Product designated typically by a change in the number to the right of the second decimal point (e.g. from 5.4.2 to 5.4.3) or in the alternative, by a change in the two-digit number to the right of the alphabet letter, (e.g. from 10.1A01 to 10.1A02). A Service Pack typically provides product updates and bug fixes and/or documentation changes. A Service Pack is issued in between Minor Versions. Some product lines will not have Service Packs. See the related Progress Product Life Cycle guide for details of how those products are updated.
11. “Severity Levels” means the level assigned by Progress to categorize the type of request or Defect reported by End User to Progress to indicate the severity of an event applicable to the Supported Products. Further information can be found under the following link: https://www.progress.com/support/manage-your-support-case.
12. “Supported Product(s)” means the Progress software product lines of Progress OpenEdge, Corticon and DataDirect which are covered by a then current Maintenance and Support Period (as defined in Section 5.1 below) purchased by End User from Progress including such Progress software products that are classified as being in the Mature Phase, Sunset Phase or a Retired Phase. For any such Progress software products in the Mature Phase, Sunset Phase or Retired Phase, limitations in the scope of technical support apply and related terms are set in the Progress Product Life Cycle.
13. “Update” means any and all Major Versions, Minor Versions, Service Packs, including patches, hot fixes, solution packs, value-add packs, and/or pre-packaged modules issued to End User by Progress relating to the Supported Product(s). For some product lines, Updates may have different definitions and terms associated to it. See the related Progress Product Life Cycle guide for details.

1.2 Applicability of License Agreement.

All Support Products (including any Updates) along with any other products, documentation and media delivered to End User will be subject to the terms and conditions of the License Agreement. Any inconsistency between this Maintenance and Support Policy for Progress End Users and the License Agreement will be determined by giving precedence to the License Agreement except where it is expressly stated otherwise.

1.3 Maintenance and Support Policy Updates or Discontinuance of Support Product.

This Maintenance and Support Policy for Progress End Users is subject to change at Progress’ discretion. Updated policy documents will be published from time to time on the Support Resources section of the Progress website. In the event Progress revises or updates the Maintenance and Support Policy for Progress End Users in a manner that would result in a significant reduction in the level of the maintenance and support services provided for the Supported Products, or Progress discontinues maintenance and support for one or more Supported Products for which End User has purchased maintenance and support, then such changes will not apply during any then current annual Maintenance and Support Period purchased by End User (“Current Annual Maintenance Period”). Such changes will take effect at the start of the annual Maintenance and Support Period immediately following Progress’ release of the updated Maintenance and Support Policy (“Next Annual Maintenance Period”) or, in the case of discontinuation of maintenance and support, at the expiration of the Current Annual Maintenance Period. Updates to the Progress Lifecycle Guide or the lifecycle status of any Supported Product will not be considered a policy change under this paragraph or a discontinuation of maintenance and support. If End User has prepaid to Progress one or more annual Maintenance and Support Periods beyond the Current Annual Maintenance Period, then the following applies:

1. If Progress revises or updates the Maintenance and Support Policy for Progress End Users as described above and End User does not agree with the revisions, then End User may terminate the prepaid annual Maintenance and Support Periods, and obtain a prorated refund of the annual maintenance and support fees End User has paid for the unused portion of the prepaid annual Maintenance and Support Periods beyond the Current Annual Maintenance Period, by providing Progress written notice of such termination within thirty (30) days of the commencement of the Next Annual Maintenance Period. In the event End User has terminated maintenance and support in accordance with this paragraph, End User will lose all benefits of maintenance and support and may be subject to payment of Maintenance and Support Reinstatement Fees as mentioned below if End User wishes to reinstate maintenance and support (if made generally available by Progress).
2. If Progress has discontinued maintenance and support for one or more of the Supported Product(s), then Progress reserves the right, anytime at or after the expiration of the Current Annual Maintenance Period and upon written notification to End User, to cancel the End User’s prepaid annual Maintenance and Support Periods and refund to End User the unused portion of the prepaid annual maintenance and support fees as of the date Progress provides such written notification.

2. Methods of Obtaining Technical Support

End User will receive the following during a Maintenance and Support Period: (i) Online Support; (ii) Telephone Support; (iii) access to all generally available Service Packs, Major Releases and Enhancement Versions and (iv) the services generally available for the offering ordered, as further described in Section 3 below.

2.1. Online Support

Progress SupportLink portal, part of the larger ProgressLink portal, will be End User’s place to receive the latest announcements from Progress and submit support requests. End User will also have a quick view of its open support cases, all in one location. To use Progress SupportLink, End User will need a Progress ID that will enable End User to login to this restricted section of the Progress website. To request a Progress ID, End User will be required to complete a Registration Form. Once End User’s Progress ID is approved, End User will receive a confirmation email message listing End User’s login information.

TheThe Knowledge Base section of the Progress SupportLink portal is a full-text searchable repository of all published technical support bulletins and data including technical tips, FAQs, white papers and notes for the latest Updates to the Supported Products. Use of the materials available through the Knowledge Center is subject to the website’s terms of use.

2.2. Progress Alert and Notification Service

The Progress Alert and Notification Service (“PANS”) is a service made available by Progress whereby End Users receive product alerts about the Supported Products as well as other information and knowledge about the Supported Products. End User is responsible for ensuring that they sign up to PANS in order to receive this information. End User may sign up to PANS at Progress SupportLink.

2.3. Telephone Support

Telephone support is available within each geographical region during the Maintenance and Support Hours stated below for such geographical region. If the End User requires Telephone support outside the Maintenance and Support Hours for the End User’s geographical region, the End User should still use the phone number applicable for the End User’s geographical region; however, the call will be re-directed, at Progress’ election, to the then open support center in another geographical region or to an afterhours support representative on call within the closed geographical region. Telephone support is available in English on a 24x7 basis. Telephone support is also available in languages listed at https://www.progress.com/support/call-support, from 9:00am-5:00pm local time. This list is subject to update from time to time by Progress.

Table 1. Standard Maintenance and Support Hours (for multiple languages) and Phone Number by Region:

3. Types of Support Offerings

Subject to the terms of this Maintenance and Support Policy for Progress End Users, End User will receive the technical support services generally available under the chosen support offering.

Progress annual maintenance and support offerings share a common infrastructure for hotline and Web based access to technical support personnel and other Progress support tools and resources.

Progress provides two annual maintenance and support offerings:

• Mission-Critical Maintenance and Support

  Mission-Critical support is designed for environments and systems where it is important to minimize downtime. It includes all of the services available in the Standard Maintenance and Support offering. A key feature of Mission-Critical support is the assignment of a Customer Success Manager (“CSM”) to coordinate the End User’s technical support relationship with Progress.

• Standard Maintenance and Support

  Under Standard Maintenance and Support the Progress technical support team is available 24x7 for reporting an issue. If End User has chosen this support offering and experiences a Severity issue with the Severity level of 1 or 2 outside the normal business hours in the time zone of the country in which End User resides, it is recommended that End User telephone for support (as opposed to submitting a support request online via the Progress SupportLink portal). See section 2.3 above for guidance on how to obtain telephone support outside of the Maintenance and Support Hours applicable for the End User’s geographical region.

  The upgrade from the Standard level support offering to the Mission Critical level support offering is possible at any time that Progress makes Mission Critical Maintenance and Support available for the applicable products. Additional fees will apply for the upgrade in the support level.

  The following Progress support offering tables describe the entitlements, availability and services under the relevant support offering:

Table 1. Service Level Objectives

*¹More information on the target response times of the Progress Technical Support Team, as well as target resolution times, is available at the following link: https://www.progress.com/support/manage-your-support-case. These are provided for information purposes only and are not legal commitments or agreements.

Table 2. Support Features

Table 3. Technical and On-line Support

*¹Lifetime support provides End Users assurance that they can contact Progress Technical Support for all Supported Products regardless of the life cycle status. Even if a Supported Product release is designated as being in the Retired Phase, Progress will work with End Users toward an appropriate resolution where possible. With the knowledge and skills available, Progress Technical Support will provide commercially reasonable efforts to resolve End User issues and answer End User questions. However, the knowledge and skills required to resolve issues on Supported Products classified as being in the Retired Phase is not guaranteed and Progress maintains the discretion to apply this policy to each release and end support if the underlying platform is retired. Also, if the solution is related to a Progress defect, the end user will be asked to upgrade to the latest release to receive a fix. Furthermore, maintenance and support purchases for Supported Products in the Mature, Sunset or Retired Phases of the Progress lifecycle policy in accordance with the Lifetime support policy described herein may be subject to a higher maintenance and support rate in accordance with Progress’ standard maintenance and support pricing policies.

Lifetime support does not entitle End Users to any bug fixes or any other deprecated maintenance and support feature outside of Progress’ published lifecycle support policies. However, End Users that are current on maintenance and support may access existing Enhancement Versions, Service Packs, hot fixes, and ports.

*² Access to bug fixes is subject to the above lifetime support policy.

4. What is covered and what is not covered

4.1. What is covered

Progress provides assistance on issues of an operational or administrative nature encountered during the use of the Supported Products by End User.

Progress will provide maintenance and support services that End User is eligible to receive under the chosen Support Offering as stated in Section 3.

Besides the services of the Technical Support team, End User is entitled to obtain, during the Maintenance and Support Period, available Major and Minor Versions when ordered.

Additionally, each End User who has a Maintenance and Support Period for the Supported Products licensed to it may be eligible for additional benefits. For example, if offered by Progress, protection of trade-in-value; meaning that the value paid for those Supported Products that are under a Maintenance and Support Period is preserved should technical and business requirements necessitate changes. Additional pricing may apply to these additional benefits.

4.2. What is not covered

Complete information of what is covered and not covered by the Progress Technical Support Team is available at the following link: https://www.progress.com/support/scope-of-support

5. Support Period and Maintenance and Support Fees

5.1. Term and Termination

Unless otherwise agreed in writing, a Maintenance and Support Period means a twelve (12) month support period for an initial order, commencing upon the date of shipment of the Supported Product(s) and for a renewal order, upon the day following the expiration date for the prior support period.

Progress is not obliged to provide maintenance and support beyond the end of the applicable Maintenance and Support Period. Notwithstanding the foregoing or section 5.2 below, for Supported Product(s) licensed under a subscription license model, Maintenance and Support will be provided at the specified support level stated in the order document governing the subscription license purchase commencing on the date of delivery of the Supported Product and ending on the expiration of the subscription license period, and the fees for such Maintenance and Support will be included in the subscription fee set out in the applicable order document.

5.2. Maintenance and Support Fees

Maintenance and Support fees will be paid annually in advance of a Maintenance and Support Period, unless otherwise agreed in writing. The annual renewal Maintenance and Support fee will be determined based on the total Maintenance and Support fees applicable for the Supported Products in the immediately previous maintenance and support period (annualized) plus the lesser of any standard price increase or Consumer Price Index (or, at Progress’ discretion, an equivalent local index) adjustment, after applying any increase applicable for Supported Products in the Mature Phase, Sunset Phase or Retired Phase of the product life cycle.

Upon receipt of End User’s commitment to pay in the form of an order (as set out in the License Agreement) Progress will issue an invoice and send it to the delegated bill to address of End User. Note that in certain geographic regions, Progress offers End User the option to sign up as an “auto-renewal” customer for successive renewal Maintenance and Support Periods. If Progress offers the auto-renewal option in End User’s geographic region and End User elects to be an auto-renewal customer, then, so long as Progress continues to offer maintenance and support for the Supported Product(s), Progress will continue to auto renew maintenance and support for all of End User’s Supported Product(s) licenses and issue an invoice to the delegated bill to address of End User prior to the commencement of each renewal Maintenance and Support Period. As an auto-renewal customer, End User will have the option to cancel its maintenance and support by providing Progress with written notice at least 90 days prior to the end of the then current Maintenance and Support Period. End User may also cancel its designation as an auto-renewal customer at any time by written notice to Progress. End Users may contact the Maintenance Renewals Team for more information about auto-renewal procedures and status of availability in the End User’s geographical region.

Orders are non-cancelable and the amounts paid are non-refundable. All amounts payable are exclusive of all shipping, handling, taxes, duties or tariffs unless expressly stated in the order. Any payments not received upon the due date will bear late payment charges at the rate permitted by applicable law, unless otherwise agreed in writing.

5.3. Matching Support Levels and Maintenance and Support for the Entire License Set

When End User purchases maintenance and support, the support level offering chosen for Supported Products must be the same for all Supported Products. This also applies in the event End User makes incremental purchases for additional licenses and maintenance and support for the Supported Products. If End User chooses to renew maintenance and support for Supported Product(s), then maintenance and support for the entire licensed set of the Supported Product(s) must be maintained. However, exceptions may apply where the End User confirms, to Progress’ satisfaction, that it is no longer using a portion of the licensed set of Supported Product(s), in which case Progress may agree to waive the requirement for maintenance and support to be renewed on that portion.

In the event End User has terminated maintenance and support, End User will lose all benefits of maintenance and support and may be subject to payment of a Maintenance and Support Reinstatement Fee as mentioned below.

6. Maintenance and Support Reinstatement Fee

If End User fails to order maintenance and support services or orders maintenance and support services but fails to pay the required maintenance and support fee within the applicable payment period, Progress will apply reinstatement fees:

• The Reinstatement Fee: This fee is equal to two times the amount of the Maintenance and Support fee that ought to have been paid during the lapsed period (“Lapsed Maintenance and Support Fee”). The amount of the Lapsed Maintenance and Support Fee is determined by multiplying the Annual Maintenance and Support Fee as of the date of reinstatement, by the number of months that maintenance and support services have expired (“Lapsed Period Ratio”) divided by twelve (12) and then multiplied by two (2). For a lapsed period which is not in whole months, the Lapsed Period Ratio can be prorated by the number of days in the month by which the maintenance and support services have expired divided by the number of days in the respective month;

plus

• The Annual Maintenance and Support Fee (as of the date of reinstatement) for the new Maintenance and Support Period.

Also, in circumstances where an End User has purchased maintenance and support for the Supported Product(s) but has failed to procure a sufficient quantity of licenses to account for its actual usage of the Supported Product(s), in addition to paying all applicable additional license fees to address the licensing shortfall, End User will be required to pay maintenance and support reinstatement fees for the additional licenses necessary to rectify the shortfall. The reinstatement fee will be calculated based on the formula above applying a minimum of two (2) years as the lapsed period.

7. Limitation of Liability; Force Majeure

This Maintenance and Support Policy for Progress End Users defines a service arrangement and is not a warranty. The Supported Products and materials and services related thereto provided to End User are subject exclusively to the warranties (if any) and limitations on liability set forth in the License Agreement.

8. Privacy

Progress provides the Support Services in accordance with Progress’ privacy policy.  For more information about Progress’ privacy policy, please visit the following link: https://www.progress.com/legal/privacy-policy

9. Miscellaneous

Any maintenance and support services described in this Maintenance and Support Policy for Progress End Users may be performed by and/or assigned to an affiliated company or third party which Progress allocates from time to time to provide such maintenance and support services to End Users.