MASTER SUBSCRIPTION AND SERVICES AGREEMENT

PLEASE READ THIS MASTER SUBSCRIPTION AND SERVICES AGREEMENT BEFORE
PURCHASING OR USING THE PRODUCTS OR SERVICES. BY USING OR PURCHASING THE
PRODUCTS OR SERVICES, CUSTOMER SIGNIFIES ITS ASSENT TO THIS AGREEMENT. IF
YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE
AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF CUSTOMER
DOES NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN IT MUST NOT PURCHASE OR
USE THE PRODUCTS OR SERVICES.

This Master Subscription and Services Agreement is between Nginx Software,
Inc. ("Nginx"), with its principal place of business at 85 Federal Street,
San Francisco, CA 94107, USA and the purchaser or user of Nginx's Products
or Services that accepts the terms of this Agreement ("Customer"). The
effective date of this Agreement ("Effective Date") is the date that
Customer uses Nginx's Products or Services or agrees to these terms by
entering into an Order Form. Capitalized terms have the meanings set forth
in the sections in which they are used and in Section 12 below.


1. License Grant and Restrictions.
1.1 Subject to the terms and conditions of this Agreement, Nginx grants to
Customer, during the term of the applicable Subscription designated on the
applicable Order Form, a limited, non-exclusive and nontransferable license
to use the Documentation and Products, in object code form, solely for the
purpose of integrating the Products with Customer’s applications, testing
the Products with Customer’s applications and providing End Users with the
right to access the Web Services.

1.2 Except as otherwise expressly permitted in this Agreement, Customer
shall not itself, or through any parent, subsidiary, affiliate, agent or
other third party: (a) sell, lease, license, distribute, sublicense or
otherwise transfer in whole or in part, any Products or the Documentation to
a third party; (b) decompile, disassemble, translate, reverse engineer or
otherwise attempt to derive source code from the Products; (c) allow access
or permit use of the Products by any third party except authorized
third-party contractors solely to provide services to Customer, provided
that Customer shall be liable for all acts and omissions of such authorized
third-party contractors; (d) circumvent the license keys embedded within the
Products; (e) modify or create derivative works based upon the Products or
Documentation; (f) disclose the results of any benchmark test of the
Products to any third party; or (g) change any proprietary rights notices
which appear in the Products or Documentation.

1.3 Copies.
Customer may make up to two copies of the Products for backup and/or
archival purposes.

1.4 Open Source Products.
The Products may include individual open source Products components, each of
which has its own copyright and its own applicable license conditions. The
open source Products are licensed to Customer under the terms of the
applicable open source license conditions and/or copyright notices that can
be found in the licenses file, the Documentation or other materials
accompanying the Products.

2. Professional Services.
Nginx will provide Professional Services for Customer as set forth in the
applicable Order Form. Customer shall reimburse Nginx for all travel and
living expenses incurred by Nginx personnel in performing the Professional
Services.

3. Fees and Payment.
Customer agrees to pay Nginx the Fees as stated on the applicable Order
Form. In addition, Customer shall pay all sales, use, value added,
withholding, excise taxes and other tax, duty, custom and similar fees
levied upon the delivery or use of the Products described in this Agreement.
If any applicable law requires Customer to withhold amounts from any
payments to Nginx under this Agreement, (a) Customer shall effect such
withholding, remit such amounts to the appropriate taxing authorities and
promptly furnish Nginx with tax receipts evidencing the payments of such
amounts and (b) the sum payable by Customer upon which the deduction or
withholding is based shall be increased to the extent necessary to ensure
that, after such deduction or withholding, Nginx receives and retains, free
from liability for such deduction or withholding, a net amount equal to the
amount Nginx would have received and retained absent the required deduction
or withholding. Unless set forth in the applicable Order Form, Fees shall
be: (i) invoiced in full upon the effective date of the applicable Order
Form, (ii) paid in US dollars, and (iii) paid within thirty (30) days of the
date of the invoice. Payments are nonrefundable and shall be made without
right of set-off or chargeback. If Customer does not pay the invoices when
due, Nginx may charge interest at one percent (1%) per month on the unpaid
balance. If Customer fails to pay Fees in accordance with this Section,
Nginx may suspend fulfilling its obligations under this Agreement until such
payment is received by Nginx.

4. Support Services.
Nginx shall provide Support Services for the Products as described in
Exhibit A during the period set forth in the applicable Order Form.

5. Ownership.
5.1 Products.
Notwithstanding anything to the contrary, except for the limited license
rights expressly provided in this Agreement, Nginx has and will retain all
rights, title and interest in and to the Products (including, without
limitation, all patent, copyright, trademark, trade secret and other
intellectual property rights) and all copies, modifications and derivative
works. Customer acknowledges that it is obtaining only a limited license
right to the Products and that irrespective of any use of the words
“purchase,” “sale,” or like terms hereunder no ownership rights are being
conveyed to Customer under this Agreement or otherwise.

5.2 Deliverables.
Customer acknowledges that in the course of performing any services, Nginx
may create software or other works of authorship delivered to Customer
pursuant to or in connection with the performance of Professional Services
(a “Deliverable”). Subject to Customer’s rights in the Customer Confidential
Information, Nginx shall own all right, title and interest in such
Deliverables, including all intellectual property rights therein and
thereto. Nginx grants to Customer a nonexclusive, non-transferable,
royalty-free license to use any Deliverables for Customer’s internal
purposes.

5.3 Other Materials.
Customer agrees and acknowledges that Customer is not obtaining any
intellectual property right in or to any materials provided by Nginx to
Customer in connection with the provision to Customer of services
(“Materials”), other than the rights of use specifically granted in this
Agreement. Customer will be entitled to keep and use all Materials provided
by Nginx to Customer, but without any other license to exercise any of the
intellectual property rights therein, all of which are hereby strictly
reserved to Nginx. In particular and without limitation, Materials may not
be, modified, re-distributed, disclosed to third parties, lent, hired out,
made available to the public, sold, offered for sale, shared, or transferred
in any other way. All Nginx trademarks, trade names, logos and notices
present on the Materials will be preserved and not defaced, modified or
obliterated.

6. Warranties.
6.1 Products.
Nginx warrants to Customer only that, for a period of thirty (30) days
following the date the Products is initially licensed by Customer ("Warranty
Period"), the Products shall substantially conform to the description
contained in the applicable Documentation. If during the Warranty Period the
Products do not substantially conform to the description contained in the
applicable Documentation, Nginx shall perform the Support Services described
in Exhibit A.

6.2 Support Services and Professional Services.
Nginx warrants to Customer only that the Support Services and Professional
Services shall be performed in a workmanlike manner and shall conform to
standards of the industry. If the Support Services or Professional Services
are not performed as set forth above, Nginx shall re-perform the applicable
Support Services or Professional Services.

6.3 The remedies in Section 6.1 and 6.2 are Customer’s sole and exclusive
remedies for breach of warranty and Nginx’s sole and exclusive liability for
breach of warranty.

6.4 The warranties in Sections 6.1 and 6.2 are made to and for the benefit
of Customer only. The warranties shall apply only if: (i) the Products have
been properly installed and used at all times in accordance with the
instructions in the applicable Documentation; (ii) no modification,
alteration or addition has been made to the Products; and (iii) Nginx
receives written notification of the breach, in the case of the warranty in
Section 6.1, within thirty (30) days following the date the Products were
initially licensed by Customer, and in the case of the warranty in Section
6.2, within ten (10) days following the performance of the relevant Support
Services or Professional Services.

6.5 Disclaimer.
EXCEPT FOR THE WARRANTIES IN THIS SECTION 6, THE NGINX PRODUCTS, SUPPORT
SERVICES, PROFESSIONAL SERVICES, DELIVERABLES, DOCUMENTATION AND MATERIALS
ARE PROVIDED “AS-IS” AND NGINX AND ITS SUPPLIERS MAKE NO WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
INTEGRATION, NON-INFRINGEMENT, TITLE, PERFORMANCE, AND ACCURACY AND ANY
IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF
PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING DISCLAIMER, THE NGINX PRODUCTS, SUPPORT SERVICES, PROFESSIONAL
SERVICES, DELIVERABLES, DOCUMENTATION AND MATERIALS ARE NOT DESIGNED,
MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, MAINTENANCE,
CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION,
CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, OR DIRECT LIFE SUPPORT
SYSTEMS. CUSTOMER ACKNOWLEDGES THAT NGINX HAS NO RESPONSIBILITY FOR ANY
HARDWARE ON WHICH CUSTOMER INSTALLS OR EXECUTES THE PRODUCTS.

7. Indemnification.
Subject to the terms of this Agreement, Nginx shall (i) defend, or at its
option settle, a claim brought against Customer by an unaffiliated third
party alleging that the Products or Deliverables infringe such party’s
patent enforceable in any country that is a signatory to the Patent
Cooperation Treaty or infringes a copyright or trademark in any country that
is a signatory of the Berne Convention for the Protection of Literary and
Artistic Works, or makes intentional, unlawful use of such party’s trade
secret (each, an “Infringement Claim”) and (ii) pay any settlement of such
Infringement Claim consented to by Nginx or pay any damages finally awarded
to such third party by a court of competent jurisdiction as the result of
such Infringement Claim; provided that Customer: (a) notifies Nginx promptly
in writing of such Infringement Claim, (b) grants Nginx sole control over
the defense and settlement of such Infringement Claim, and (c) reasonably
cooperates in response to a Nginx request for assistance. Nginx will have
the exclusive right to defend any such Infringement Claim and make
settlements at its own discretion, and Customer may not settle or compromise
such Infringement Claim, except with prior written consent of Nginx. If
Customer’s use of any Products or Deliverables is enjoined, Nginx shall, at
its option and expense, (A) procure for Customer the right to make continued
use of the Products and Deliverables, (B) replace or modify such so that
they become non-infringing, or (C) request return of the Products and
Deliverables, upon receipt of such Products and Deliverables, the
corresponding licenses are terminated and Nginx shall refund the prepaid but
unused Fees paid for the infringing Products and Deliverables. Nginx shall
have no liability if the alleged infringement is based on: (1) combination
with non-Nginx products, data or business processes, (2) use for a purpose
or in a manner for which the Products or Deliverables were not designed, (3)
use of any older release of the Products or Deliverables when use of a newer
Nginx revision would have avoided the infringement, (4) any modification or
alteration of the Products or Deliverables, (5) any intellectual property
right owned or licensed by Customer, excluding the Products or Deliverables,
(6) Nginx's compliance with any materials, designs, specifications or
instructions provided by Customer, (7) Customer using the Products or
Deliverables after Nginx notifies Customer to discontinue using due to such
a claim, or (8) open source software. THIS SECTION STATES CUSTOMER’S SOLE
AND EXCLUSIVE REMEDY AND NGINX’S ENTIRE LIABILITY FOR INFRINGEMENT CLAIMS.

8. Limitation of Liability.
IN NO EVENT WILL NGINX OR ITS SUPPLIERS BE LIABLE UNDER THIS AGREEMENT FOR
ANY INDIRECT, RELIANCE, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR
INCIDENTAL DAMAGES OF ANY KIND AND HOWEVER CAUSED. IN NO EVENT WILL NGINX’S
CUMULATIVE LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT
EXCEED THE AMOUNT PAID TO NGINX BY CUSTOMER UNDER THIS AGREEMENT DURING THE
TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM. IN NO EVENT WILL NGINX’S
SUPPLIERS HAVE ANY LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS
AGREEMENT. THE PROVISIONS OF THIS SECTION 8 ALLOCATE RISKS UNDER THIS
AGREEMENT BETWEEN CUSTOMER, NGINX AND NGINX'S SUPPLIERS. THE FOREGOING
LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL
PURPOSE.

9. Term and Termination.
9.1 This Agreement shall commence on the Effective Date and continue until
terminated as set forth in this Agreement (“Term”). Either party may
terminate this Agreement in the event that the other party breaches this
Agreement and does not cure such breach within thirty (30) days of written
notice. Each Subscription shall begin on the date Customer purchases the
Subscription by entering into an applicable Order Form and shall continue
during the time Customer has paid the initial Subscription Fees (“Initial
Term”), unless terminated earlier in accordance with this Section 9.1.
Subscriptions shall automatically renew for additional terms of one (1) year
each (each a “Renewal Term”) unless either party gives the other party
written notice of its intent not to renew at least thirty (30) days prior to
the end of the then-current term. The applicable licenses granted in Section
1 of this Agreement automatically terminate upon the termination of the
underlying Subscription.

9.2 Sections 5, 6.5, 8, 9, 10, 11 and 12 shall survive the expiration or
termination of this Agreement.

9.3 During the Term and for one (1) year following termination or expiration
(but no more than once in a calendar year), Nginx and its auditors may
inspect Customer’s records relating to its reproduction and use of the
Products for the purposes of verifying Customer’s compliance with this
Agreement. Customer shall cooperate fully with Nginx and its auditors in
conducting audits and provide reasonable assistance. If an underpayment is
discovered, Customer shall promptly pay such amount. If an underpayment of
more than ten percent (10%) for the period audited is discovered, Customer
shall promptly reimburse Nginx for the cost of the audit.

10. Confidentiality.
For a period of five (5) years from the date of disclosure of the applicable
Confidential Information, the Receiving Party shall (i) hold the
Confidential Information of the Disclosing Party in trust and confidence and
avoid the disclosure or release of such Confidential Information to any
other person or entity by using the same degree of care as it uses to avoid
unauthorized use, disclosure, or dissemination of its own Confidential
Information of a similar nature, but not less than reasonable care, and (ii)
not use the Confidential Information of the Disclosing Party for any purpose
whatsoever except as expressly contemplated under this Agreement; provided
that, to the extent the Confidential Information constitutes a trade secret
under law, the Receiving Party agrees to protect such information for so
long as it qualifies as a trade secret under applicable law. The Receiving
Party shall disclose the Confidential Information of the Disclosing Party
only to those of its employees and contractors having a need to know such
Confidential Information and shall take all reasonable precautions to ensure
that such employees and contractors comply with the provisions of this
Section. The obligations under this Section shall not apply to information
that the Disclosing Party can demonstrate (i) was in its possession at the
time of disclosure and without restriction as to confidentiality, (ii) at
the time of disclosure is generally available to the public or after
disclosure becomes generally available to the public through no breach of
this Agreement or other wrongful act by the Receiving Party, (iii) has been
received from a third party without restriction on disclosure and without
breach of this Agreement by the Receiving Party, or (iv) is independently
developed by the Receiving Party without regard to the Confidential
Information. In addition, the Receiving Party may disclose Confidential
Information as required to comply with binding orders of governmental
entities that have jurisdiction over it, provided that the Receiving Party
gives the Disclosing Party reasonable written notice. Notwithstanding
anything to the contrary, Customer acknowledges and agrees that Nginx, its
employees and agents shall be free to use and employ their general skills,
know-how, and expertise, and to use, disclose, and employ any generalized
ideas, concepts, know-how, methods, techniques or skills gained or learned
during the course of any Subscriptions, Professional Services and Support
Services performed under this Agreement.

11. General.
11.1 Entire Agreement.
This Agreement constitutes the entire agreement between the parties
concerning the subject matter of this Agreement. No amendment, modification
or waiver of any provision of this Agreement shall be effective unless in
writing and signed by both parties. Purchase orders shall be for the sole
purpose of defining quantities, prices and describing the Products,
Professional Services and Support Services to be provided under this
Agreement and to this extent only are incorporated as a part of this
Agreement and all other terms in purchase orders are rejected. This
Agreement supersedes all prior or contemporaneous discussions, proposals and
agreements between the parties relating to the subject matter of this
Agreement.

11.2 Severability.
If any provision of this Agreement is held to be invalid or unenforceable,
the remaining portions shall remain in full force and effect and such
provision shall be enforced to the maximum extent possible so as to effect
the intent of the parties and shall be reformed to the extent necessary to
make such provision valid and enforceable.

11.3 Waiver.
No waiver of rights by either party may be implied from any actions or
failures to enforce rights under this Agreement.

11.4 Force Majeure.
Neither party shall be liable to the other for any delay or failure to
perform due to causes beyond its reasonable control (excluding payment of
monies due).

11.5 No Third Party Beneficiaries.
Unless otherwise specifically stated, the terms of this Agreement are
intended to be and are solely for the benefit of Nginx and Customer and do
not create any right in favor of any third party.

11.6 Governing Law and Jurisdiction.
This Agreement shall be governed by the laws of the State of New York,
without reference to the principles of conflicts of law. The provisions of
the Uniform Computerized Information Transaction Act and United Nations
Convention on Contracts for the International Sale of Goods shall not apply
to this Agreement. The parties shall attempt to resolve any dispute related
to this Agreement informally, initially through their respective management,
and then by non-binding mediation in New York, New York. Any litigation
related to this Agreement shall be brought in the state or federal courts
located in New York, New York, and only in those courts and each party
irrevocably waives any objections to such venue. 

11.7 Notices.
All notices must be in writing and shall be effective three (3) days after
the date sent to the other party’s headquarters, Attention Legal Department.

11.8 Government Regulation.
Customer acknowledges that the Products are subject to export restrictions
by the U.S. government and import restrictions by certain foreign
governments. Customer may not export or re-export the Products except in
compliance with the U.S. Export Administration Act and the related rules and
regulations and similar non-U.S. government restrictions, if applicable.
Customer shall not and shall not allow any third-party to remove or export
from the United States or allow the export or reexport of any part of the
Products or any direct product thereof: (i) into (or to a national or
resident of) any embargoed or terroristsupporting country; (ii) to anyone on
the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury
Department’s list of Specially Designated Nationals; (iii) to any country to
which such export or re-export is restricted or prohibited, or as to which
the U.S. government or any agency thereof requires an export license or
other governmental approval at the time of export or re-export without first
obtaining such license or approval; or (iv) otherwise in violation of any
export or import restrictions, laws or regulations of any United States or
foreign agency or authority. Customer agrees to the foregoing and warrants
that it is not located in, under the control of, or a national or resident
of any such prohibited country or on any such prohibited party list. The
Products are further restricted from being used for the design or
development of nuclear, chemical, or biological weapons or missile
technology, or for terrorist activity, without the prior permission of the
U.S. government. The Products and accompanying Documentation are deemed to
be “commercial computer software” and “commercial computer software
documentation”, respectively, pursuant to DFAR Section 227.7202 and FAR
Section 12.212(b), as applicable. Any use, modification, reproduction,
release, performing, displaying or disclosing of the Products and
Documentation by the U.S. Government shall be governed solely by the terms
of this Agreement.

11.9 Marketing.
Customer agrees that: (a) Nginx may use Customer’s logo on its website, (b)
Customer will serve as a reference customer for the Products and (c)
Customer will work together with Nginx to prepare a case study based on
Customer’s use of the Products.

12. Definitions.
“Confidential Information” means any and all information or proprietary
materials (in every form and media) not generally known in the relevant
trade or industry and which has been or is hereafter disclosed or made
available by one party to the other party under this Agreement in connection
with the transactions contemplated under this Agreement, including (i) all
trade secrets, (ii) existing or contemplated products, services, designs,
technology, processes, technical data, engineering, techniques,
methodologies and concepts and any related information, and (iii)
information relating to business plans, sales or marketing methods and
customer lists or requirements.

“Disclosing Party” means the party to this Agreement disclosing Confidential
Information to the other party.

“Documentation” means the electronic user and administrative manuals
contained within the Products.

"End Users" mean the end user customers that subscribe to the Web Services.

“Fees” mean the fees set forth in the applicable Order Form for
Subscriptions, Support Services, Professional Services and travel expenses
incurred by Nginx personnel in performing the Professional Services.

"Order Form" is an order form entered into by Nginx and Customer for
Subscriptions and / or Professional Services which incorporates this
Agreement.

“Products” means the products licensed by Nginx to Customer as listed on the
applicable Order Form.

“Professional Services” mean the consulting and training services provided
by Nginx under this Agreement.

“Receiving Party” means the party to this Agreement receiving Confidential
Information from the other party.

"Services" means collectively the Support Services and the Professional
Services.

"Subscription" means the term license to the Products and Support Services
for the Products as described in Section 1 and the applicable Order Form.

“Support Services” mean the maintenance and Support Services provided by
Nginx under this Agreement as further described in Exhibit A.

“Web Services” means Customer’s online web service offerings. The Web
Services must not allow End Users to access or use the Products directly and
must not offer functionality which is competitive with or would serve as a
replacement or substitute for the functionality of the Products on a
stand-alone basis. 


EXHIBIT A

SUPPORT SERVICES
During the applicable Subscription term, Nginx will provide Support Services
for the Products licensed by Customer from Nginx on the terms and conditions
set forth below.

1. Eligibility
Nginx will provide Support Services only for the Products licensed from
Nginx by Customer and later Updates of the same Products.

2. Support Services
Nginx will provide the following Support Services:

2.1 Update Releases Provided.
Nginx shall make available to Customer all Updates made generally available
to Subscription customers by Nginx.

2.2 Proactive Security Notifications.
Nginx shall proactively make available to Customer all internal security
bulletins.

2.3 Update Distribution.
Updates will be provided for download from the Nginx customer support
portal. Updated Documentation will be provided with such new Updates.
Customer acknowledges and agrees that Nginx shall have no responsibility to
install or configure any Products as part of the Support Services.

2.4 Documentation or Configuration Issues Resolved.
Nginx will help Customer resolve doubts with Documentation where observed
Product behavior is different from Documentation, Documentation isn’t clear
or consistent, or other minor Documentation issues occur.

2.5 Binary Package Issues Resolved.
Nginx will assist Customer in resolving warnings on binary launch, system
library conflicts or other issues with the binary Nginx packages. Customer
acknowledges and agrees that Nginx shall have no responsibility to directly
participate in installation or configuration of any Products as part of the
Support Services. Nginx shall also not be responsible for resolving any
other compatibility issues unrelated to the Nginx binary package.

2.6 Error Correction.
Following receipt of notice of an Error from a Named Contact, Nginx shall
make commercially reasonable efforts to: (a) respond to Customer within the
corresponding SLA time (see below); (b) reproduce the issue; and (c) repair
any Errors or provide a workaround.

The following table summarizes SLA parameters for Standard and Premium
levels of support [1]:

    +-----------------------------+--------------+--------------+
    |             SLA             |   Standard   |   Premium    |
    +-----------------------------+--------------+--------------+
    | Support hours               | 9x5          | 24x7 [2]     |
    +-----------------------------+--------------+--------------+
    | Number of incidents         | Unlimited    | Unlimited    |
    +-----------------------------+--------------+--------------+
    | Initial response time       | 8 hours      | 2 hours      |
    +-----------------------------+--------------+--------------+
    | Answers about Documentation | 24 hours     | 8 hours      |
    +-----------------------------+--------------+--------------+
    | Customer Named Contacts     | 2            | 5            |
    +-----------------------------+--------------+--------------+
    | Email support               | Yes          | Yes          |
    +-----------------------------+--------------+--------------+
    | Phone support               | No           | Yes [3]      |
    +-----------------------------+--------------+--------------+
    | Hot bug fixes               | Not included | Included     |
    +-----------------------------+--------------+--------------+
    
[1] Standard and Premium Level SLAs are not applicable to the Developer Edition Subscriptions.
[2] 24x7 for High and Medium Severity incidents only 
[3] When pre-arranged

3. Support Obligations
3.1 Classification for Prioritization.
Nginx shall initially classify Errors in accordance with the severity
breakdown set forth below and based on the circumstances described by
Customer. Nginx will use commercially reasonable efforts to provide the
services described below for each type of Error observed.

Severity Level 1: High Severity
Prevents Customer from continuing use of Product(s), or critically impacts
core function of the Products or Customer’s environment. Causes the Products
to experience downtime, or performance of the Products is severely degraded
due in whole or in part to an Error. No workaround known to Customer. Nginx
will use continuous efforts during the support hours shown above to provide
a resolution for any Severity Level 1 Error.

Severity Level 2: Medium Severity
Prevents Customer from continuing use of a function of the Products, but
does not affect the performance or functionality of the Customer’s
environment in its entirety. Impacts Customer’s ability to use the Products,
the severity of which is significant and may be repetitive in nature. Nginx
will use commercially reasonable efforts during its normal hours of
operation to provide a resolution for any Severity 2 Errors.

Severity Level 3: Low Severity
The reported Error is minor, not inhibiting any of the necessary
functionality of the Products. Error negligibly impacts Customer’s ability
to use the Products, and Products remain functional. This category may
include enhancement requests, common how-to questions, and any Product
issues with a viable workaround. As soon as it is commercially practicable,
Nginx will use reasonable efforts during its normal hours of operation to
provide a resolution for any Severity 3 Error.

4 Request for Information
Includes minor, cosmetic, or documentation-related issues, and enhancement
requests that are not time-sensitive. There is no impact on the Product’s
existing features, functionality, performance or stability. Nginx will
provide solutions in its sole discretion.

3.2 Progress Reporting.
Nginx shall issue a trouble ticket number for each Error reported by the
Named Contact to Nginx. Each Error will be tracked by trouble ticket number
and will include all associated symptoms and activities. Named Contact shall
reference the ticket number in all communications associated with an Error.
Customer and Nginx shall keep each other’s support personnel informed of the
progress when resolving any Error. The trouble ticket shall be closed by the
Nginx customer support team upon acknowledgment by the Customer that the
Error is resolved. If the Customer neither acknowledges, nor contests in
writing the resolution of the Error within five (5) business days following
an e-mail or other written notification by the Nginx customer support team
to the Customer and the Nginx customer support team considers the Error
resolved, the trouble ticket shall be closed.

3.3 Customer Support Operations.
Nginx will provide Support Services via e-mail, online support portal, and /
or telephone help line during the term of the applicable Subscription to
Named Contacts. Customer should first consult the online support portal as
it provides a knowledge base and answers to frequently asked customer
questions. The contact information for the Nginx customer support team is:

    E-Mail: plus-support@nginx.com

3.4 Conditions for Providing Support Services.
Nginx’s obligation to provide Support Services is conditioned upon the
following: (a) Customer makes reasonable efforts to correct the Error after
consulting with Nginx; (b) Customer provides Nginx with sufficient
information and resources to correct the Error either at Nginx’s customer
support center or via remote access to Customer’s site, as well as access to
the personnel, hardware, and any additional software involved in discovering
the Error; (c) Customer promptly installs all Updates; and (d) Customer
procures, installs and maintains all equipment, telephone lines,
communication interfaces and other hardware necessary to operate the
Products.

3.5 Exclusions.
The following are excluded from Nginx’s Support Services obligations: (i)
Products that are used on or in conjunction with hardware or software other
than as specified in the Documentation; (ii) altered or modified Products;
(iii) defects in the Products due to accident, hardware malfunction, abuse
or improper use; (iv) any version of the Products for which Support Services
have been discontinued by Nginx; (v) any Error caused by third party
software not licensed through Nginx; (vi) evaluation software or other
software provided at no charge; (vii) open source versions of Nginx
products; and (viii) any products sold separately by Nginx.

4. Definitions
“Documentation” means the electronic user and administrative manuals
contained within the Products.

“Error” means a reproducible failure of the Products to comply in a material
respect with its Documentation when used as authorized in the Agreement.

“Named Contacts” means the engineering and support personnel who are
knowledgeable and trained on the Products that are authorized to contact
Nginx for Support Services.

“Products” means the products licensed by Nginx to Customer.

“Update” means a Major Version, Minor Version or Maintenance Version of the
Products made available by Nginx as part of the Support Services. Major
Version means a later version of the Products identified by a change in the
first digit to the left of the decimal point ((X).yy-zz); Minor Version
means a later version of the Products identified by a change in the digit(s)
to the right of the decimal point (x.(YY)-zz); and Maintenance Version means
a later version of the Products identified by a change in the digits to the
right of the dash sign (x.yy-(ZZ)).
