All the fine print is below, but to summarize: we're here for you like peanut butter is there for jelly.
DataCove Email Archiver is defined as a subscription service which can consist of hardware and software, software only (locally hosted virtual machine) and hosted (cloud resident virtual machine) software solutions for email archiving.
All DataCove products require an active service and support subscription for full functionality, hardware and software support, and hardware warranty (for Tangent provided hardware models).
All DataCove Service Level Agreement offerings are dependent on a current DataCove service and support subscription.
Systems not possessing a live and current subscription are limited to Level 1 Support only. Certain features and functionality, such as intake of new emails and Federated Search, will also cease to operate.
DataCove subscriptions include:
1. Hardware warranty support for failed components on Tangent provided hardware models.
a. Once a component is determined as bad, another like or better component will be sent to replace that failed component.
i. The failed component must be shipped back to Tangent to complete the RMA. Failure to do so will invalidate the support subscription and will incur replacement cost fees.
2. Software support for inoperative or impaired functionality.
a. Access to Level 2, Level 3 and Developer support.
b. Level 1 support is available regardless of subscription status, with limitation in terms of what can be repaired or modified.
3. New “minor” software releases for the current version of DataCove.
a. Some larger scale software releases (“major” releases) may necessitate new hardware or virtual machine deployment.
i. New hardware machine upgrade costs are not covered by the Service subscription unless a Next Day Replacement subscription is purchased alongside.
b. All Local and Hosted Virtual Machine offerings receive major software upgrades as part of their subscription as a new virtual machine release that can be migrated over to.
4. Expired service contracts renewed after a lapse in service will renew from original date of expiration, not date of renewal.
Service Level Commitments:
Support Process and Response Times
• Response to a new ticket within three hours for Support issues from time reported, within regular business hours.
o Support enquiries made outside of business hours will be answered within three hours from the start of the next business day.
• During normal business hours (7:00am to 3:00pm Pacific Time; weekdays), the first step is to notify Tangent that an issue has occurred. This can be done via email to Support@Tangent.com or via phone at 1-800-342-9388.
o Online chat support available at www.Tangent.com during regular business hours.
o Outside of business hours, the same contact methods apply, but may not be answered until the next business day.
• Level 1 Support personnel will attempt to resolve the issue prior to either escalation to a Level 2 technician or, if at the advisory of a Level 2 technician, proceed with escalation directly to the Level 3 Engineering/Development tier for additional analysis.
• With assistance from Level 3 Engineering/Development support, Level 1 and 2 technicians will work with the Support Requestor to resolve the issue and file the necessary paperwork for long term enhancement to software, if applicable.
• Tangent will notify the client and verify resolution of the problem upon conclusion.
• 24-hour Level 2 phone support is optionally available for Enterprise clients. Enterprise Support is defined by an organization having over 3000 employees and whose DataCove system administrators also need 24 hour Level 1/Level 2 Support at any time. This is generally only a consideration for organizations with factors for high risk sensitivities, high compliance requirements or certain very public entities such as major metropolitan police departments, state and federal government agencies, multinational conglomerates and other similar entities that require extremely rapid responsiveness to adapt to evolving situations.
o Enterprise Support contract required, subject to additional charge. Costs are scaled based on the quantity of systems under purview.
Diagnostics and Repairs
• Over the phone diagnosis of hardware and software incidents with Tangent Support technicians.
• Remote diagnostics of system hardware and software for problems, via web-based access sessions or by providing a Network Address Translation (NAT) for Level 1 and 2 Support technicians.
• Remote diagnostics of system hardware and software by Level 3 technicians will require SSH (Secure Shell, RSA2 2048) access to the DataCove instance via credentials generated on a per incident basis or Network Address Translation (NAT).
• Next day replacement of parts once full system diagnostics has been completed by Tangent.
o Subject to stock availability.
o Components to be replaced with like or better models as approved by Tangent Engineering.
• Optional (at additional cost): Next Day replacement service agreement offers full system replacement, shipped overnight, in the cases where troubleshooting or resolution time would be beyond reasonable repair times (generally defined as three days for catastrophic failures).
• Optional (with purchase of Next Day Replacement service agreement): if the DataCove’s Next Day Replacement policy is maintained for four years contiguously, the system becomes eligible for a free hardware refresh after Year Three (as defined by the start date of the purchased subscription/NDR service plan, whichever comes later) to the same size model originally purchased. Hardware refresh entails a new system using the latest generation hardware validated for the platform, along with a migration from the old system.
o Old system must be shipped back to Tangent after migration is completed.
Cloud Services
• For Tangent provided Cloud Services, including DataCove Hosted Email Archival, Cloud Backup and Email Forwarding Domain Relay systems, the following additional terms apply:
o All client data stored remains property of the client; Tangent does not utilize this data for marketing, analytics or any other purpose outside of routine maintenance of the systems or support ticket investigation. Tangent's sole exposure of this data outside of technical support purposes are for legal inquests only.
o An active subscription to Tangent's Cloud Hosted services must be retained for both continued access to and retention of data stored. Tangent will make all reasonable attempts to contact the client and/or place of business to ensure that a subscription is maintained unless notice of service cancellation is received.
o Access termination to the DataCove system can occur as soon as upon expiration.
• In the event of a subscription lapse of one month past the service renewal date without communicated and earnest intent of renewal, client data is subject to deletion.
• All data held on these systems is maintained in a SAS-70 Type II Compliant datacenter(s). Service appropriate redundancy and security exists for electrical subsystems, server access (both local and remote), ISP connectivity, air conditioning, fire suppression systems and more.
• Daily and monthly backups are conducted of all Cloud Service host systems in the event of system corruption or loss. Maximum data recovery loss interval is thirty days.
• Nightly and weekend maintenance runs are performed at hours designed to minimize business hour impact and are generally occurring from 5pm-12am PST on weeknights, and from 12am-10pm PST on weekends.
• Service uptime guarantee, outside of scheduled maintenance or force majeure, is 99%, for a 24/7/365 service schedule.
Examples of provided support:
• Search recommendations and syntax construction advisory for eDiscovery, Legal Hold, Freedom of Information Act or Public Records Requests, replete with knowledge of what types of searches would be most effective, which parameters would be best to search upon, variables and wildcards, etc, to best suit the discovery objectives.
• Refresher course in system features and benefits as requested.
o This is particularly beneficial when the primary administrator is away, or a new operator needs to be trained with the system. Receiving training directly from Tangent’s DataCove technicians ensures a high fidelity transfer of knowledge with the latest optimized procedures.
• Industry-informed ideas for best practices regarding retention policy, automated searches, content monitoring and auditing of users.
• Assistance with disaster recovery scenarios: getting the system back to operational status, reconfiguring the unit for email retrieval, restoration of data, etc.
• Troubleshooting non-communication with mail server, generation of Certificate Signing Requests and Certificate installation, configuration of retention policy and legal holds/message tags, LDAP integration for end user access, etc.
End User License Agreement for Tangent Inc. Software
Be sure to carefully read and understand all of the rights and restrictions described in this TANGENT INC. End-User License Agreement ("EULA").
This EULA is a legal agreement between you (either an individual or a single entity) and TANGENT Corporation for the TANGENT software accompanying this EULA, which includes the accompanying computer software, and may include
associated media, printed materials and any "online" or electronic documentation ("SOFTWARE"). By launching or using SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not launch or use the SOFTWARE.
Software Product License
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
Software. You may use one copy of the SOFTWARE on a single DATACOVE Appliance for use of an TANGENT Inc. DATACOVE Appliance.
Storage/Network Use. You must acquire and dedicate a license for each separate DATACOVE Appliance on which the SOFTWARE is installed, and only an TANGENT DATACOVE Appliance may store the SOFTWARE.
A license for the SOFTWARE may not be shared or used concurrently on different computers.
2. RESTRICTIONS.
You must maintain all copyright notices on all copies of the SOFTWARE.
IMPORTANT: The DataCove archiving software is a subscription service that requires the continued purchase of DataCove annual updates in order for the DataCove appliance to continue archiving and indexing new email. The appliance will stop archiving new incoming email in the event the annual updates are not purchased.
Limitations of Reverse Engineering, Decompilation and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Rental.
You may not rent or lease or lend the SOFTWARE.
Software Transfer.
You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity) along with the applicable DATACOVE Appliance, and the recipient agrees to the terms of this EULA. If the SOFTWARE portion is an upgrade, any transfer must include all prior versions of the SOFTWARE.
Support Services.
TANGENT Inc. may provide you with support services related to the SOFTWARE ("Support Services") Use of Support Services is governedby the TANGENT policies and programs described in the user manual,in "online" documentation, and/or other TANGENT-provided materials. Any supplemental software code provided to you as a part of Support Services shall be considered part of the SOFWARE and subject to the terms of this EULA. With respect to technical information you provide to TANGENT as part of the Support Services, TANGENT may use such information for its business purposes, including for product support and development. TANGENT will not utilize such technical information in a form that personally identifies you.
3. TERMINATION.
Without prejudice to any other rights, TANGENT Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
4. COPYRIGHT.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by TANGENT or its suppliers.
5. U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer of product is:
Tangent Inc.
191 Airport Boulevard
Burlingame, CA 94010.
6. DISCLAIMER OF WARRANTIES.
TANGENT AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
7. EXCLUSION OF ALL DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TANGENT OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF TANGENT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. LIMITATION AND RELEASE OF LIABILITY.
The SOFTWARE was provided to you at no charge and TANGENT has included in this EULA terms that disclaim all warranties and liability for the SOFTWARE. To the full extent allowed by law, YOU HEREBY RELEASE TANGENT AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the SOFTWARE under the terms of this EULA, do not launch or use the SOFTWARE. No refund will be made because the SOFTWARE was provided to you at no charge.
9. GOVERNING LAW.
If you acquired the SOFTWARE in the United States of America, the laws of the State of California, U.S.A will apply to this contract. If you acquired this SOFTWARE outside of the United States of America, then local law may apply.
10. QUESTIONS.
Should you have any questions, or if you desire to contact TANGENT for any reason, please contact the TANGENT subsidiary serving your country, or write:
TANGENT Inc.
191 Airport Blvd.
Burlingame, CA 94010
Tangent Inc. Standard Limited Warranty:
THIS WARRANTY IS FOR THE ORIGINAL CUSTOMER AND IS NOT TRANSFERRABLE.
Tangent Inc. warrants its product(s) to be in good working condition and free from defects in materials and workmanship. The limited warranty term is for 1 year from the date of purchase. Further contiguous subscriptions renewals will extend the warranty services until their expiration. Damage caused by shipping the products to you is covered under this limited warranty. Please examine the product and accessories immediately upon receipt. You must notify Tangent immediately if any products/accessories are damaged or missing due to shipping.
Products which have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by Tangent, are not covered by this warranty. Any alterations, additions, improvements or attachments to the product(s) not authorized by Tangent shall be deemed to be a waiver of this warranty.
Tangent will repair or replace products/accessories due to defects in material or workmanship, or any failure of the hardware system to conform to written specifications. Warranty repairs will be performed at Tangent’s service center. Any replacement parts/products shall be new or refurbished. Any repaired or replaced product will not extend the original warranty term of the product. Additionally, this warranty period will not be extended as a result of the purchase of any additional parts/products from Tangent.
Extended warranties and on-site services are available as an option. An additional fee will be charged for all extended warranties. During the warranty period, Tangent will provide technical support for hardware diagnosis. If Tangent’s technical support determines that the product is defective, Tangent will issue a return material authorization (RMA) number to the customer.
Tangent will ship the repaired or replaced product to the customer with freight prepaid if the customer’s address is within United States of America (excluding Alaska, Hawaii, Puerto Rico and U.S. possessions). Shipments to other locations will be shipped collect. Tangent must receive notice of all events before the warranty period expires.
NOTE:
In no event, unless agreed upon in writing, will Tangent, Inc. or any of its agents be held liable for general, special, incidental, consequential, or any other type of damage which may arise from the use or inability to use any Tangent hardware appliance or application software program. This includes, but is not limited to, loss or corruption of data.
RMA Return Policy & Procedure:
Please carefully read this RMA return policy and follow the instructions before returning any product to Tangent.
Tangent’s repair service is provided only for products supplied by Tangent. The repair service is free of charge on parts and labor if the product is under valid warranty coverage and is approved by Tangent’s Technical Support to be returned. DOA products must be returned within 30 days of purchase for exchange or replacement only.
Unauthorized product returns will be charged accordingly for parts and/or labor. Please contact 800.342.9388 or 650.342.9388 for technical support and customer service. For authorization to return product, please phone Tangent’s technical support department at 800.342.9388 or 650.342.9388. Once a product is determined to be defective by Tangent’s technical support department, a return material authorization (RMA) number will be issued.
Any product returned without a valid RMA number will not be accepted. Product must be returned freight prepaid and insured in its original (or equivalent) package with the RMA number referenced on the outside of the package. A copy of Tangent’s original invoice must be included inside of the package.
Please send authorized product returns to:
Tangent Inc. Technical Support & Service
191 Airport Boulevard
Burlingame, CA 94010