Service Levels for FireEye Offerings

FireEye provides the following service levels and service level credits for certain FireEye Offerings.

FireEye Helix Portal

For the FireEye Helix Portal (the “Portal”), FireEye will provide the following service levels and service level credits:

Uptime. FireEye shall undertake commercially reasonable efforts to ensure Portal availability for 99.9% of the time during each calendar month.

• “Service Outage” means the Portal is not available due to a failure or a disruption in the Portal that is not the result of Scheduled Maintenance, Emergency Maintenance, a force majeure event or the act or omission of Customer.
• “Scheduled Maintenance Period" is the period during which weekly scheduled maintenance of the Portal may be performed.
• "Emergency Maintenance" means any time outside of Scheduled Maintenance that FireEye requires to apply critical patches or fixes or undertake other urgent maintenance. If Emergency Maintenance is required, FireEye will notify Customer, to the extent possible under the circumstances, and provide the expected time frame of the Emergency Maintenance and availability of the Portal during the Emergency Maintenance.
• "System Availability" means the number of minutes in any calendar month minus the aggregate number of minutes of all Service Outages that occur during that calendar month.

Remedy

If the Portal does not meet the monthly service availability defined above, FireEye will provide a credit to the Customer in accordance to the table below (“Credit”) for a validated Service Level Claim (defined below). The percent of Portal availability per calendar month (in the table below) is equal to the result, expressed as a percentage, of the number of minutes of System Availability in a calendar month divided by the total number of minutes in the calendar month.

• For determining the Credit, the duration of a Service Outage will be measured as the time starting when Customer experiences a disruption in availability of the Portal and ending when a successful solution or workaround allowing for full restoration of the Portal is provided by FireEye to Customer. Customer must notify FireEye of any Service Outage and request a Credit in writing no later than fifteen (15) days after the calendar month in which the Service Outage occurred (“Service Level Claim”) to be entitled to a Credit for that Service Outage.
• Any Credits earned by Customer hereunder will be applied to the Subscription Fees owed by Customer for the next Subscription Term for which the Credit applies. If Credits cannot be applied to future Subscription Fees because the Subscription Term has terminated for non-renewal or for a material uncured breach by Customer, such credits shall become null and void. If Credits cannot be applied to future Subscription Fees because the Subscription Term has terminated due to a material uncured breach by FireEye, FireEye will promptly pay Customer the amount of the Credit.
• Customer shall not be entitled to receive a Credit that exceeds 10% of its prorated monthly Subscription Fee for a Service Outage for the applicable calendar month.

FireEye Email Security – Cloud Edition/FireEye Email Threat Prevention (ETP)

For FireEye Email Security – Cloud Edition (also known as FireEye Email Threat Prevention (ETP)) (each, an “Email Subscription”), FireEye will provide the following service levels and service level credits:

Email Subscription Availability. FireEye shall undertake commercially reasonable efforts to ensure the Email Subscription is available (i.e., not experiencing a Service Outage) for 99.9% of the time during each calendar month.

• “Service Outage” is a period of time, other than Excused Outage Time, where the Email Subscription is not processing and delivering email due to a failure or a disruption in the Email Subscription.
• “Excused Outage Time” means a Service Outage that occurs (a) during a Scheduled Maintenance Period; (b) during Emergency Maintenance; (c) during a force majeure event; or (d) due to the act or omission of Customer.
• “Scheduled Maintenance Period" is the period of up to six (6) hours, occurring between the hours of 6 p.m. Pacific time on Friday and midnight Pacific time on Sunday, during which scheduled maintenance of the Email Subscriptions may be performed. FireEye shall use commercially reasonable efforts to provide no less than 2 weeks’ notice of a Scheduled Maintenance Period to Customer.
• "Emergency Maintenance" means any time outside of a Scheduled Maintenance Period that FireEye requires to apply critical patches or fixes or undertake other urgent maintenance. If Emergency Maintenance is required, FireEye will provide notice to Customer in advance, to the extent possible under the circumstances, or if advance notice is not possible, contemporaneously or as soon thereafter as possible, and provide the expected time frame of the Emergency Maintenance and availability of the Email Subscription during the Emergency Maintenance.
• "System Availability" means the total number of minutes in any calendar month minus the number of minutes of Service Outages that occur during that calendar month.

Remedy

If the Email Subscription does not meet the monthly service availability defined above, FireEye will provide a credit to the Customer in accordance to the table below (“Credit”) for a validated SLA Claim (defined below). The percent of System Availability per calendar month (in the table below) is equal to the result, expressed as a percentage, of the number of minutes of System Availability in a calendar month divided by the total number of minutes in the calendar month.

• For determining the Credit, the duration of a Service Outage will be measured as the time starting when the Email Subscription stops functioning and ending when a successful solution or workaround allowing for the restoration of the Email Subscription is provided by FireEye. Customer must notify FireEye of any Service Outage and request a Credit in writing no later than fifteen (15) days after the date the Service Outage occurred (“SLA Claim”) to be entitled to a Credit for that Service Outage.
• Any Credits earned by Customer hereunder will be applied to the Subscription Fees owed by Customer for the next Subscription Term for which the Credit applies. If Credits cannot be applied to future Subscription Fees because the Subscription Term has terminated for non-renewal or for a material uncured breach by Customer, such credits shall become null and void. If Credits cannot be applied to future Subscription Fees because the Subscription Term has terminated due to a material uncured breach by FireEye, FireEye will promptly pay Customer the amount of the Credit.
• Customer shall not be entitled to receive a Credit that exceeds 100% of its prorated monthly Subscription Fee for a Service Outage for the applicable calendar month.