SOLARWINDS DEPLOYMENT ADDENDUM TO THE SOLARWINDS SOFTWARE SUPPORT AND MAINTENANCE TERMS AND CONDITIONS
20221228
This SolarWinds deployment addendum (“Addendum”) is governed by the SolarWinds Software Support and Maintenance Terms and Conditions under the SolarWinds End User License Agreement (the “EULA”, and collectively with the EULA, the “Support Terms”) and is entered into and agreed upon by and between you and your Affiliates (“Company” or “You”) and SolarWinds Worldwide, LLC (“SolarWinds”) when you order one of the deployment packages for a particular product as indicated on your order form and invoice. This Addendum is for deployment assistance and is limited to the scope below based on the level of service ordered (the “Deployment Services”). SolarWinds Deployment Services consists of three fixed-fee and fixed-scope deployment package options for small, medium, and large deployments. Each deployment service has predefined tasks and deliverables to assist customers during the planning phase, platform installation, configuration, observability and alerts setup, platform training, adoption, and expansion planning. The hours per package are consistent regardless of the SolarWinds product being deployed, but the scope varies slightly and is customized for the product. The product-specific scope document is linked in section 2 below.
This Addendum shall be effective: (a) if Company is a direct customer, as of the SolarWinds invoice date for the order containing Deployment Services or (b) if Company is an indirect customer, on the date of your email from SolarWinds including Your access to the SolarWinds customer portal (as applicable, the “Effective Date”). SolarWinds may subcontract all services set forth in this Addendum but will remain responsible for the delivery of the scope for the Deployment Service Level ordered.
All capitalized terms will have the meaning given to such terms in the Support Terms unless a different meaning is provided in this Addendum. The parties agree that the following terms shall apply to Your purchase of Deployment Services. If there is a conflict between this Addendum and the Support Terms, the Addendum shall control.
1. Active Maintenance. Company acknowledges that SolarWinds will provide Deployment Services for Company’s licenses under an active maintenance plan only.
2. Scope of Deployment Services. Subject to the terms of the Support Terms, SolarWinds will, during the Deployment Term (defined in Section 4 below), provide Company with the following Deployment Services based on the package selected by You for the applicable product and reflected in your Order Form or invoice. The high-level outline of hours and categories of the three service packages is shown in the table below. The specific scope for each product and package is detailed in the linked Deployment Scope Document and also available on the SolarWinds legal webpage at www.solarwinds.com/legal/legal-documents.
| Category | Deployment Services Level 1 30-hour limit | Deployment Services Level 2 75-hour limit | Deployment Services Level 3 125-hour limit |
| Platform Planning | Up to Three Hours | Up to Four Hours | Up to Eight Hours |
| Platform Installation | Up to Three Hours | Up to Six Hours | Up to 10 Hours |
| Platform Configuration | Up to Five Hours | Up to 12 Hours | Up to 22 Hours |
| Observability and Alerts | Up to 14 Hours | Up to 43 Hours | Up to 67 Hours |
| Platform Training | Up to Three Hours | Up to Eight Hours | Up to 15 Hours |
| Journey Success | Up to Two Hours | Up to Two Hours | Up to Three Hours |
- Allotted values represent the maximum number of hours of services performed to complete the scope above for each package, per product, as applicable and as defined in the scope document.
- Defined service actions are provided only when applicable
3. Company Obligations.Company is required to (a) make a competent representative available for the welcome call, which will be scheduled within five (5) days of the start of the Deployment Term and (b) have the required infrastructure, system requirements and adequately sized server as set forth in the Documentation available for software installation. In addition, Company must attend scheduled meetings. Failure to attend schedule meetings after the first missed meeting shall constitute a material breach of this Addendum and could result in SolarWinds terminating the Addendum in accordance with Section 4.3 below due to the fixed time frame for the Deployment Services.
4. Deployment Term; Expiration; Termination.
4.1 Deployment Term. Deployment Services begin on the Effective Date and shall expire in accordance with Section 4.2 (“Expiration”) unless sooner terminated in accordance with the Support Terms (“Deployment Term”).
4.2 Expiration. The Deployment Services will automatically expire sixty (60) days after the Effective Date. Unused services will not carry over beyond the Deployment Term or be subject to any refund.
4.3 Termination. SolarWinds may terminate this Addendum as set forth in the Support Terms. Termination for material breach will not entitle You to any refund.
5. Exclusions. This Addendum does not include performing the deployment on Company’s behalf. Company acknowledges that this Addendum does not include developing custom scripts, templates, or queries; analyzing or troubleshooting performance issues resulting from or related to third party products, such as SQL or OS (Operating System) performance issues; nor will SolarWinds take control of Company’s environment to perform full installations, configurations, migrations, or upgrades. SolarWinds will not go on-site to the Company to perform any support offered under this Addendum.