Check Point Direct Support Program Service Level Agreement

[Restricted] ONLY for designated groups and individuals

Check Point Direct Support Program

Service Level Agreement

Updated: January 22, 2024

Check Point Direct Support Program Service Level Agreement

[Restricted] ONLY for designated groups and individuals

DIRECT SUPPORT TERMS AND CONDITIONS

This Check Point Direct Support Program Service Level Agreement (the “Agreement”) is an agreement

between you (both the individual purchasing the Support and any legal entity on whose behalf such individual

is acting) (hereinafter “You” or “Your”) and Check Point Software Technologies, Inc. (hereinafter “Check

Point”). The purpose of this Agreement is to specify the services and commitments with respect to direct

Software technical support and/or Hardware replacement services for the purchased Check Point products.

1. DEFINITIONS:

“Advance Hardware Replacement” means a Hardware replacement service for Customers who have

purchased Hardware Support, whereby after Check Point TAC approves an RMA, Check Point delivers a

replacement to Customer’s Site before Customer returns the faulty hardware to Check Point.

“ACE Partner” means an authorized Check Point partner who is staffed with Check Point Certified

Professionals and Appliance Certified Experts (ACE) in accordance with Check Point ACE Partner

requirements.

“Activation Date” means the date a License Key is registered for activation of Software within the Check

Point User Center.

“Appliance” shall have the meaning set forth in this Agreement for the term “Hardware”.

“Business Day” means normal working day in the time zone where the Customer is located.

“CCTE” means a Check Point Certified Troubleshooting Expert (CCTE) who provides advanced

troubleshooting skills to investigate and resolve more complex issues that may occur while managing a Check

Point security environment.

“Certified Professional” means an individual who has passed the appropriate current Check Point

Certification Test(s) to demonstrate technical competency. The current minimum requirement of a Certified

Professional is a Check Point Certified Security Expert (CCSE

) for the current Major Release of Network

Software and Check Point Certified Troubleshooting Expert (CCTE).

“Check Point” means Check Point Software Technologies, Inc., the party to this Agreement with Customer to

whom an order is issued under this Agreement.

“Customer” means the party identified as the purchasing organization to this Agreement with Check Point.

“Designated Contacts” means Customer named contacts, engineering resource individuals, who are

established person-specific email addresses in the User Center account associated with the Customer

Support contract. It is expected that these contacts will be Check Point Certified Professionals.

“Device Number” means a unique identifier of a hardware device, which can be located in a label on a

Hardware Product. Check Point uses Media Access Control (MAC) Address, Serial Number (SN), or Service

Tag Number (STN) as a Device Number, depending on the type of Hardware.

“Documentation” means user and technical manuals provided by Check Point for use with the Software and

Hardware.

“Endpoint Security Product(s)” means Check Point product(s) with an Endpoint device security focus.

“Enhancement” means all Software changes, including new releases, new versions, product improvements,

system modifications, updates, upgrades, Service Packs, Feature Packs, field modifications, and all Hardware

changes, including official Check Point Hardware product enhancements and accessories.

“Error” means an Error in the product, which degrades the product as defined by the Severity definitions, as

compared to Check Point published functionality and performance specifications.

“Hardware” means a computing device and/or its component with a specific function and limited

configuration ability. The Hardware is sold by Check Point for the purpose of executing the specific Check

Point Software supplied with it.

“Information” means any idea, data, program, technical, business, or other intangible information, however

conveyed.

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“Intellectual Property” means Patents, copyrights, trademarks, and/or trade secrets whose owners have

rights at law or in equity to exclude others from exploiting such property.

“Level 1 Support” means the ability to provide general pre and post-sales product information; hardware and

software configuration; questions on upgrade Support; collect relevant technical problem identification

information; perform base problem determination; provide basic Support on the standard products, protocols

and features; replace Field Replaceable Units (FRUs) or whole Hardware units.

“Level 2 Support” means the ability to provide Level 1 Support plus the ability to resolve the majority of

misconfigurations, troubleshoot and simulate complex configuration, hardware, and software problems;

perform Hardware diagnostics to determine Hardware malfunction; support problem isolation and

determination of product specification defects; provide lab simulation and interoperability and compatibility

testing for new software and hardware releases prior to being deployed into a Customer production network;

define an action plan; provide advanced Support on all products, protocols and features; have the ability to

analyze traces, diagnose problems remotely, and provide Customer with complete steps to reproduce a

problem.

“Level 3 Support” means the ability to provide Level 1 and Level 2 Support plus the ability to provide

software enhancements such as patches and Hotfixes, fixing or generating workarounds that address

software bugs; troubleshoot bugs that were not diagnosed during Level 2 Support; work with Customers to

resolve critical situations, and building action plans with Customers to address complex issues.

“License Key” means code provided by Check Point, which activates the Software and enables the Software

to operate.

“Major Release” means the current issuance of Software and/or Hardware that is designated by Check

Point, as a change in the number or name, signifying a new product level. Hot Fix Accumulators (HFAs),

Hotfixes, and/or Feature Packs do not constitute a Major Release change.

“Network Security Product(s)” means Check Point product(s) with network security focus.

“Previous Sequential Release” means Release of Software or Hardware, which has been replaced by a

subsequent version of the product.

“Release” means Major Release of the same product.

“Problem Resolution” means the use of reasonable commercial efforts to resolve the reported problem.

These methods may include (but are not limited to): configuration changes, patches that fix an issue,

replacing a failed hardware, reinstalling the software, etc.

“Respond” means addressing the initial request and taking ownership of the issue.

“Response Time” means the amount of time elapsed between the initial contact by Customer to Check Point

TAC and the returned response to Customer by Check Point support staff.

“RMA” means Return Material Authorization (RMA), the process of replacing a faulty Hardware or a

component of a Hardware product. The process must be authorized by Check Point TAC.

“Service Level Agreement (SLA)” means the Customer Service Level Agreement (SLA) that identifies the

features and defines the processes involved with the delivery by Check Point of various support functions to

Customer, as presented by this document’s: (1) Direct Support Term and Conditions; and (2) Exhibit A –

Check Point Direct Support Plan Descriptions.

“Service Request (SR)” means a single issue opened with Check Point TAC. The SR number identifies the

Service Request. The format for the unique SR number can be as follows: 1-nnnnnnnnnn or 11-nnnnnnnn (“n”

is a digit).

“Severity” Definitions for Network Security product(s):

“Severity 1” means

(a) an Error with a direct security impact on the product;

(b) an Error isolated to Software or Appliance in a production environment that renders the product

inoperative or causes the product to fail catastrophically; e.g., critical system impact, system down;

circumvented, in which there is an emergency condition that significantly restricts the use of the licensed

product to perform necessary business functions; or

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(d) inability to use the licensed product or a critical impact on operation requiring an immediate solution.

“Severity 2” means

(a) an Error isolated to Software or the Appliance that substantially degrades the performance of the product

or materially restricts business; e.g., major system impact, temporary system hanging;

(b) a reported defect in the licensed product, which restricts the use of one or more features of the licensed

product to perform necessary business functions but does not completely restrict use of the licensed

product; or

impacted.

“Severity 3” means

(a) an Error isolated to the Software or Appliance that causes only a moderate impact on the use of the

product; e.g., moderate system impact, performance/operational impact;

(b) a reported defect in the licensed product that restricts the use of one or more features of the licensed

product to perform necessary business functions, while the defect can be easily circumvented; or

operations.

“Severity 4” means

(a) a reported anomaly in the licensed product that does not substantially restrict the use of one or more

features of the licensed product to perform necessary business functions; this is a minor problem and is

not significant to operation; or

(b) an anomaly that may be easily circumvented or may need to be submitted to Check Point Research and

Development as a request for enhancement.

“Severity” Definitions for Endpoint Security product(s):

“Severity 1” means

(a) an Error with a direct security impact on the product; or

(b) an Error isolated to Software, for which there is no reasonable Workaround, which renders the product

inoperative, causing the end-point devices to fail catastrophically, affecting more than 1000 end point

devices or 35% of deployed client base (in any case more than 100 affected end-point devices) within a

production environment (not pre-deployment or staging) where end-point devices have been interrupted

and not recovered; e.g., severe and general deployment wide system impact, systems are down, making

end-point devices unable to perform (even with reduced performance) necessary business operations

even after a change of, and/or addition of procedures, configurations, applications, tools and/or data.

“Severity 2” means

(a) an Error isolated to Software, for which there is no reasonable workaround, which substantially degrades

the usability of the end-point devices, restricting the usage of and/or access to one or more necessary

business functions without completely restricting the use of the licensed product, affecting more than 500

end-point devices or 25% of deployed client base (in any case more than 50 affected end-point devices)

within a production environment (not pre-deployment or staging) where the end-point devices and/or

Software may have been interrupted but recovered, in part or completely; e.g., end-point devices are

operative but with limited capacity, substantially impacting the end-point devices’ ability to perform one or

more necessary business functions; end-point devices and/or Software are operative, but an important

product function is unavailable or not operating; end-point devices and/or Software may have been

interrupted but recovered, in part or completely; inability to connect to the Internet /Intranet; or

(b) an Error causing severe Software deployment/upgrade problems without prohibiting necessary business

operations, affecting more than 500 end-point devices or 25% or more of the actual/intended client base

(at least 50 devices affected); it may, or may not, be possible to circumvent the error, e.g., inability to

install and/or upgrade product, without prohibiting the end-point devices ability to perform necessary

business operations; or business operations are not prohibited but may run with reduced performance.

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“Severity 3” means

(a) an Error isolated to Software, for which there is a reasonable Workaround, or an Error that causes only a

minor impact on the end-point client. Restriction in usage of one or more features of the licensed product

with minor impact of necessary business functions. The Error can cause some functional restrictions but it

does not have a critical or severe impact on operations, e.g., the end-point device is operational but may

experience performance or operational limitations; or

(b) an Error isolated to Software only affecting one or a limited number of individual end-point devices, that is

not common for the installed end-point device population; it may, or may not, be possible to circumvent

the error, e.g., an individual end-point device(s) is encountering issues not common for deployed end-

point device client base.

“Severity 4” means a reported anomaly in the licensed product that does not substantially affect end-point

ability to perform normal business operations. This is a minor problem and does not constitute any significant

limitation to products ability to allow normal business operation. An anomaly may be easily circumvented, e.g.,

a product cosmetic anomaly or documentation flaw; end-point devices and/or Software may have been

interrupted but recovered.

“Site” means the physical location where System(s) are installed as specified by Customer in Customer’s

User Center account.

“Software” means the object code version of the intangible information constituting one or more computer or

apparatus programs and the informational content of such programs, together with any Documentation

supplied in conjunction with, and supplementing such programs, the foregoing being provided to Customer by

way of electronic transmission or by being fixed in media furnished to Customer.

“Software Subscription” means registered access to modifications, corrections, and/or updates to Software;

including Hot Fix Accumulators (HFAs), security fixes, Feature Packs, and/ or major upgrades, provided to

Customer by unlimited web download access or by mail upon Customer’s request. Software Subscription is a

deliverable for all Support Contracts.

“Shelf Spare Unit(s)” means Check Point Hardware unit(s) that is stored at Customer's Site and which is

reserved for Hardware replacement usage only in case of failure of Customer's Hardware which is covered

under Check Point On-Site Hardware Support Plan.

“Support” means the technical Support and Hardware replacement services provided by Check Point directly

to Customer as set forth in this Agreement.

“Support Plan” means the direct Support program offering options and benefits set forth on Exhibit A.

“System(s)” means the Hardware, Software and Documentation that have been provided to Customer by

Check Point or Check Point’s authorized resellers/partners.

“TAC” means Check Point Technical Assistance Center, which is staffed by Check Point Support personnel

providing assistance with diagnosis and resolution of defects and/or failures in Check Point products.

“Workaround” means a change in the followed procedures or data to avoid error without substantially

impairing use of the product.

2. CHECK POINT SUPPORT OBLIGATIONS:

A description of Check Point’s direct Support offerings is set forth on Exhibit A, attached hereto. Upon Check

Point’s acceptance of a valid purchase order, and corresponding payment for that Support offering selected,

Customer will be entitled to receive Support according to the features and benefits provided under that

offering, subject to the terms and conditions of this Agreement.

2.1 Technical Support:

For Customers covered under a valid Check Point Support offering, technical Support will be provided

pursuant to the terms of Section 5 TECHNICAL SUPPORT. Check Point agrees to provide Support, where

appropriate, to Customer, which may include but is not limited to, the following actions:

(a) Provide Customer with access to product update releases, related Documentation and knowledge articles,

upon general commercial release;

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(b) Provide Customer with access to TAC Technical Representatives, who will work with Customer to

diagnose issues, and provide Problem Resolutions, including escalating the issue through TAC

management as needed.

2.2 Hardware Replacement. For Customers covered under Hardware Support, Check Point will use

commercially reasonable efforts to provide Hardware replacement in accordance with the terms set forth in

Section 4 HARDWARE REPLACEMENT.

2.3 On-site Hardware Support. For those Customers whose Hardware Support level includes an on-site

service feature, upon Customer’s request, after TAC determines that the hardware issue is related to a

malfunction of one of the Hardware components, and after a repair action plan has been defined, Check Point

will use commercially reasonable efforts to dispatch a Check Point Certified Onsite Technician or ACE Partner

to the Site in accordance with the terms and timeframes of such plan as set forth on Exhibit A. Provision of

on-site support is subject to the following limitations:

(a) On-site Hardware Support is limited to Advance Hardware Replacement only; it does not include on-site

service for Software troubleshooting or any Software related issues.

(b) On-site Hardware Support service may not dispatch a certified technician on-site to help set up the RMA

unit outside of Check Point’s normal on-site service areas (

http://www.checkpoint.com/services/onsite-

availability.html). Under those situations, Check Point may provide a Shelf Spare solution under specific

conditions to ensure a rapid unit replacement at the Customer’s site. Customer will need to sign up for

this service under a separate Shelf Spare Replacement Agreement.

the timely arrival of replacement parts at Customer’s Site, and accessibility to the Site.

On-site Hardware Support is effective one (1) month from the day it was purchased.

Note: For full unit replacement, a technician will verify that the current base software image and hotfix level

are installed and will restore a backup of the machine only if the prerequisite software image dependencies

are preinstalled and the backup files are available onsite and handy.

2.4 On-site Software Support for Critical Severity 1 Issues. For those Customers covered under Elite

Support, the Customer shall contact Check Point TAC directly by telephone. After TAC confirms that the

matter is a Severity 1 issue, TAC and the Customer will work diligently, with highly skilled, experienced

engineers to resolve the critical situation and to restore operation. In the case the criticality of the issue

remains or no progress is made, after four (4) hours, Check Point will use commercially reasonable efforts to

dispatch a local engineer to Customer’s Site. If no local resources are available, travel arrangements will be

made for the next available flight to the Customer’s Site. The engineer will remain on-site until the issue is no

longer defined as critical (an acceptable resolution or workaround was achieved) or up to three (3) days, with

travel and expense included. Provision of on-site critical Severity 1 case support under Elite Support is

subject to the following limitations:

(a) An Elite Customer is entitled up to three (3) visits on-site a year as required to resolve critical Severity 1

cases.

(b) For any additional days on-site that is required after the first 3 days, will be charged at a discounted rate

of $2,000 per day.

Hardware issues and Hardware replacement. For On-site Hardware Support, please refer to Section 2.3

Onsite Hardware Support and Appliance Support SLA options as set forth on Exhibit A.

(d) On-site critial case Support may not be available for some Check Point Software products or in some

geographic regions, and may require a set-up period before it can be made available to Customers.

(e) For Elite support service for critical issues, which requires fast arrival to the site, Check Point will cover all

locations which are accessible within 12 hour elapsed commercial travel time from G7 countries hubs (US

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(mainland), UK, Germany, Italy, France, Japan, and Canada). In some remote locations, entry

certifications requirements might add additional time to the engineer arrival on site.

(f) Elite Support is account based and requires that the entire User Center install base be covered by the

Elite SLA. Elite may not be applied to cover only portions of the User Center’s products.

(g) It is necessary that Elite Customers commit the necessary resources around the clock (24x7) in working

with Check Point TAC and/or the engineer towards Problem Resolution of Severity 1 Errors.

For Severity definitions for Network Security Product(s) or Endpoint Security Product(s), refer to Section 1

DEFINITIONS, “Severity” Definitions for Network Security Product(s) and “Severity” Definitions for Endpoint

Security product(s).

2.5 Support Lifecycle.

(a) Check Point provides Support on the then-current Major Release and the Previous Sequential Release of

all the Software products covered under a valid Software support plan. Check Point will also provide

commercially reasonable technical assistance on all Software Products for a minimum of four (4) years,

starting from the general availability date of the product’s Major Release version. ‘General availability

date’ is defined as the date on which a product is officially made available for purchase, but Problem

Resolution may be limited to the current Major Release of the product.

(b) Check Point usually ends Software Support for a Major Release version only when the second

subsequent major version has been released, or at least four (4) years have elapsed since the release of

the major version in question. Check Point will provide End of Support notification for discontinued

Software to Customer through an announcement posted on the Check Point Software Support Timeline

website at URL: https://www.checkpoint.com/support-services/support-life-cycle-policy/

for Technical Assistance for up to five (5) years after Check Point’s new appliance availability

announcement. The supported version includes the combination of the exact Hardware model number

and the specification with the Check Point Software installed on it.

(d) For Software or Operating System installed on Check Point Hardware:

a. The then-current Major Release of the Software that was installed on the Hardware is fully

supported until one (1) year after Check Point’s new appliance availability announcement.

b. Maintenance releases/bug fixes are supplied for up to three (3) years after new appliance

availability announcement. These fixes may require a Software upgrade by the Customer.

c. Fixes and Software upgrades will be supplied to handle support issues for up to five (5) years

after Check Point’s new appliance availability announcement. New Software releases may require

the purchase of Hardware upgrades by the Customer.

(e) Check Point provides Hardware Replacement for up to five (5) years after Check Point’s new appliance

availability announcement. Hardware shall be repaired or replaced with same or similar products when

needed, at Check Point’s discretion.

(f) Check Point will provide the date of Check Point’s new appliance availability announcement and End of

Support notification for discontinued Hardware to Customer through an announcement posted on the

Check Point Appliance Support Timeline website at URL: https://www.checkpoint.com/support-

services/support-life-cycle-policy/.

(g) Check Point reserves the right to modify Support Lifecycle policy at any time; notifications regarding

changes in policy will be posted on the websites in Section 2.4 (b) and 2.4 (f).

2.6 Nonconformance. If Check Point determines the problem is due to nonconformance to published

specifications of a Software version, or another substantial Check Point related problem, then under Check

Point’s Support plan, Check Point shall provide any Software fix for the reported nonconformance that may be

available at the time the problem is reported. If no such fix is available, Check Point will use commercially

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reasonable efforts to remedy such nonconformance, which may include a Workaround or other temporary fix

to the Software.

2.7 Exclusions.

Support does not include the following items or actions:

(a) Step-by-step installation of Software or Service Packs;

(b) Onsite services (unless Customer’s level of Support, as purchased, includes this feature), Professional

Services, or Educational Services;

Check Point shall have no obligation to Support:

(a) An altered, damaged, or modified product or any portion of the product incorporated with or into other

software, hardware, or products not specifically approved by Check Point;

(b) Product problems caused by Customer negligence, misuse, misapplication, or use of the product other

than as specified in the Check Point user manual, or any other causes beyond the control of Check Point;

(d) Product not purchased from the Check Point Price List;

(e) Products subjected to unusual physical or electrical stress, misuse, negligence or accident, or used in

ultra-hazardous activities;

(f) Products that are past their End-of-Support date, as provided in Section 2.4 above.

Check Point shall have no obligation to Support Customer if:

(a) Appropriate payment for Support has not been received by Check Point and Customer is unable to show

reasonable proof of such payment to a reseller; or

(b) Customer’s annual Support term has expired without renewal.

2.8 Reporting Non-Check Point Errors to Customer. Upon working the Service Request under normal

processes, and with appropriate management review, if at that point Check Point believes that a problem

reported by Customer may not be due to an error in the Check Point product, Check Point will notify

Customer. At that time, Customer may: (a) instruct Check Point to proceed with problem determination at

Customer’s possible expense as set forth herein; or (b) instruct Check Point that Customer does not wish the

problem to be pursued at Customer’s possible expense.

If Customer requests that Check Point proceed with problem determination at Customer’s possible expense

and Check Point determines that the error was not due to the error in the product, Customer shall pay Check

Point, at the Check Point then-current standard consulting rates, for all work performed in connection with

such determination, plus reasonable related expenses incurred therewith. Customer shall not be liable for:

(a) problem determination or repair to the extent the problems are due to anomalies in the Check Point

product; or

(b) work performed after Customer has notified Check Point that it no longer wishes problem determination to

be continued at Customer’s possible expense (such notice shall be deemed given when actually received by

Check Point).

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If Customer instructs Check Point that it does not wish the problem pursued at Customer’s possible expense

or such determination requires effort in excess of Customer instructions, Check Point may, at its sole

discretion, investigate the anomaly with no liability thereof.

3. CUSTOMER OBLIGATIONS:

3.1 Staffing. All Customer personnel contacting Check Point for Support must be fully trained on both the

Major Release of the Check Point Software and/or Hardware and the current issue for which Customer

requires assistance.

3.2 Named Designated Contacts. Customer agrees that contact with Check Point will be through the

specified number of Designated Contacts. Customer is responsible for specifying and updating valid

Designated Contacts in the Check Point User Center with person-specific email addresses. Customer agrees

that access to any Support deliverable, Software Subscription downloads and SecureKnowledge will be

through these Designated Contacts, not any alias. The ability to add additional contacts may be purchased

per the prevailing Support Plan program guidelines.

3.3 Network Access. To the extent possible, and as requested by Check Point, Customer understands that it

may be necessary to provide Check Point or its authorized Technical Representative access to the affected

network environment for any Severity 1 issue, or when Check Point determines that its Technical

Representative needs to access Customer’s network in order to remotely diagnose an issue. Customer

understands that if access is not provided as requested by Check Point, problem determination will be slower

or impaired.

3.4 Configuration Files. Customer agrees to maintain a backup of the configuration that can be used to

restore the Hardware.

3.5 System Information. Customer must provide to Check Point information for each System under a Support

Plan by registering all products in the Customer’s User Center Account with accurate details:

(a) Product License Key or Device Number;

(b) Physical Site location of the Hardware product; and

If Customer physically moves any Hardware from the original Site to an other location, Customer must inform

Check Point of such change immediately with updated Site location and contact. It is Customer’s

responsibility to update such change in the Customer’s User Center Account. Prior to Check Point’s receipt of

such notification from Customer, Check Point shall not be liable for any lapses in service coverage or

Hardware delivery delays with respect to such Hardware.

3.6 Backup and Removal of Data.

To reconstruct lost or altered Customer files, data, or programs, Customer must maintain a separate backup

system or procedure that is not dependent on the Software or Hardware products under Support.

Where applicable, before receiving Hardware Replacement Services or before disposal or return of Hardware

to Check Point, Customer agrees to:

(a) backup and secure all programs and data contained in the Hardware;

(b) securely erase all programs and data not provided by Check Point with the Hardware product. Customer

acknowledges that, to perform its responsibilities under this Replacement Service, Check Point may ship

all or part of the Hardware product or its Software to third party locations around the world, and Customer

authorizes Check Point to do so; and

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Hardware product, and ensure that the Hardware is free of any legal obligations or restrictions that

prevent its exchange.

3.7 On-site Access. Where applicable, Customer agrees to provide Check Point or its authorized partner with

sufficient and safe access to Customer’s facilities in order to permit Check Point to fulfill its obligations.

3.8 Shelf Spare Units. In the event that Customer has purchased Hardware Support with a Shelf Spare

Replacement solution, Customer agrees that Check Point shall, at all times, remain the sole owner of the

Shelf Spare Unit(s) stored at the Customer’s premises. Customer agrees that each Shelf Spare Unit stored at

Customer’s on-site location is to be used ONLY in case of Hardware failure approved by Check Point’s TAC.

Each Shelf Spare Unit’s on-site location will be required to take an inventory of Hardware physically in stock

on a quarterly basis and provide the results to the Check Point Logistics at logistics-reports@checkpoint.com.

If it has been determined that the Shelf Spare Unit on-site location does not have the relevant Check Point

inventory in stock and the missing inventory cannot be found or accounted for, or if the inventory is damaged

as result of Customer’s practices, the item shall be considered lost, and Check Point shall have the right to

seek reimbursement from the Customer at the standard Check Point list price.

In the case that Check Point will certify a local ACE Partner or subcontractor to provide the on-site

Replacement Service, Check Point shall have the right to ask the Customer to send, at Check Point’s

expense, the Shelf Spare Unit from the Customer premises to the relevant partner at any time. In case this

Support Plan is not renewed, Customer agrees to send the Shelf Spare Unit back to Check Point, or pay the

full Check Point list price of a new unit.

4. HARDWARE REPLACEMENT:

4.1 Hardware Return Procedure. If a Hardware product or one of its component parts does not function

during the Hardware Support period, and such nonconformance can be verified by Check Point, Check Point,

at its election, will provide Advance Hardware Replacement service with a refurbished part /unit for the

Hardware under the type of Hardware Support Plan Check Point designates for that Hardware. A defective

Hardware product or one of its component parts may only be returned to Check Point upon Check Point’s

prior written approval. Any such approval shall reference a Returned Material Authorization (“RMA”) number

issued by an authorized Check Point service representative. To request an RMA number, Customer must

contact Check Point TAC and open a Service Request. Customer should always register the Hardware

Product in Customer’s Check Point User Center account. If Customer does not register the Hardware Product

with Check Point, Customer may be required to present proof of purchase as evidence of entitlement to

Hardware Support service. The Hardware Product’s Device Number will be required for all RMA cases.

Transportation costs, if any, incurred in connection with the return of a defective item to Check Point shall be

borne by Customer. If such RMA Service orders are covered by Standard On-site, Premium On-Site or Elite

On-Site SLA, then for the return of the defective item, Check Point will provide prep-paid shipment labels and

customer will arrange pick-up of the defective item with the respective shipment service provider. Any

transportation costs incurred in connection with the redelivery of a repaired or replacement item to Customer

by Check Point shall be borne by Check Point; provided, however, that if Check Point determines, in its sole

discretion, that the allegedly defective item is not covered by the terms and conditions of the Hardware

Support Plan or that a claim is made after the Hardware Support period, the cost of the repair or replacement

by Check Point, including all shipping expenses, shall be reimbursed by Customer.

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4.2 Hardware Replacement Procedure. For Customers who have purchased Support for their Hardware,

Check Point will attempt to diagnose and resolve problem over the phone or web. Upon determination that

the Hardware issue is related to a malfunction of one of the Hardware components, an RMA process will be

initiated by Check Point TAC. Check Point TAC will either issue a replacement of the faulty part (like Power

Supply, Fan, Hard Disk, etc.) or a full Unit Replacement. Check Point will send the required hardware to the

Site location, as it appears in Customer’s User Center and as verified with Customer when opening the

Support Service Request, in accordance with the Hardware Support Plan Check Point designates for that

Hardware.

Customer must ship back the faulty Hardware product (or replaceable unit) suitably packaged according to the

guidelines, as specified by Check Point in the RMA letter shipped with the replacement, to a location that

Check Point designates; return shipment of the faulty Hardware should be made within five (5) business days

of the arrival of the replacement or approval of the RMA for Shelf Spare Unit usage, or pay standard Check

Point list price of replacement for any Hardware.

4.3 Dead on Approval (DOA). If a defective Hardware product covered under warranty fails to operate within

thirty (30) days from its activation, or no more than one hundred and twenty (120) days from the date of Check

Point’s shipment of the Hardware product,

whichever is less, Check Point will provide expedited replacement

of a new unit within two (2) business days from Check Point fulfillment hub, following confirmation of any such

failure. Customers outside of the fulfillment hub region should allow for additional transit time due to

international customs clearance.

5. TECHNICAL SUPPORT:

5.1 Web-based Support. Check Point web-based Support available at URL: https://support.checkpoint.com

provides the Customer access to:

(a) Documentation, containing product documentation, release notes, troubleshooting guides and technical

white papers about Check Point Software and Hardware products, as releases become generally

commercially available.

(b) SecureKnowledge

, a self-service knowledge base, restricted repository of thousands of technical

documents as well as tools covering everything from planning installation and upgrades, to understanding

error messages and fixing specific known issues. Technical solutions, how-to’s, and troubleshooting

documents written by Check Point engineers and technical staff are added daily. Customer may have

Advanced or Expert Access in accordance with their Support level and the specifications of this

Agreement. When a solution is identified to solve an issue, Check Point TAC may share this solution with

Customer via email or verbal communication.

Customer; includes latest product upgrades, Hot Fix Accumulators (HFAs), Feature Packs, security fixes,

tools, and utilities for the contract term. Software Subscription guarantees that Check Point solutions are

kept as current as possible through the latest product enhancements and capabilities. For Major Product

releases, Customer may request Check Point to ship a Media Kit that includes Software upgrade

package.

(d)

Product Forums, containing shared knowledge of Check Point products and solutions within an online

community of customers, partners and employees, as well as news on Check Point products and

technologies. Support Customers can view and post on the discussion threads in all Forums.

5.2 Contact TAC. Customer’s access to TAC should be either by telephone, by web request, or by live chat.

(a) By Telephone: Contact the nearest TAC (refer to URL: https://www.checkpoint.com/support-

services/contact-support/) An Automatic Call Distribution System will prompt Customer to select

appropriate Support Plan options. After Customer is directed to a TAC Technical Representative,

Customer’s email address must be provided. Once TAC verified Customer is a Designated Contact and

account has a valid Support contract, TAC will inquire information about the issue and create a Service

Request in the Check Point database.

Check Point Direct Support Program Service Level Agreement

[Restricted] ONLY for designated groups and individuals

(b) By Web Request: Log into User Center, under the “Support” Tab, select the “Create Service Request”

link. Complete the request form with all of the appropriate information about the issue and submit the

request. A Service Request will be generated in the Check Point database.

PLEASE NOTE: DO NOT submit a Service Request for a Severity 1 issue via the Web request form. For

a Severity 1 case, please contact Check Point by telephone and select the appropriate options for your

support.

quick and simple questions about Check Point products and services. Any issue requires troubleshooting

must be submitted by telephone or by web request.

(d) By Email: Check Point does not allow opening a Service Request via email. All requests should be

opened by Telephone or by web request. Correspondence on an open Service Request may be made via

email, as long as the Customer Designated Contact writes a reply to emails received from Check Point

TAC.

Availability and accessibility of TAC is in accordance with the specifications of this Agreement, subject to the

situations set forth in Section 8.1 Force Majeure.

Standard Premium Elite

TAC Availability 5x9 Business Day 7x24 Every Day 7x24 Every Day

Unlimited Service Requests Yes Yes Yes

5.3 Technical Support Procedures. Under Check Point’s Software support plan, Check Point TAC utilizes a

multi-tier support model for Problem Resolution. When initial contact with TAC is made, a Technical

Representative or Web Service Request Tool will validate Customer information, contract information, Device

Number, and gather details relevant to the question or issue. A unique Service Request (SR) number will be

assigned and delivered to the Customer Designated Contact, either verbally, via Web request, or via email.

This SR number will be used to track any given issue from initial contact to final Problem Resolution.

appropriate, an issue will be reproduced in the Check Point Test Lab. Additional testing and problem

duplication may take place in a network laboratory environment. Further investigation, including additional

troubleshooting or debugging activity may be required. Based on the results of the Test Lab investigation, an

issue may be resolved, or, if an anomaly is identified, elevated to the appropriate Check Point Team for final

Problem Resolution.

Check Point agrees to use commercially reasonable efforts to work with the Customer for Problem Resolution

for an issue in accordance with the specifications of this Agreement. Timely efforts must be made by all

parties involved. If communication from Customer ceases without notice, after five (5) business days, Check

Point may, upon notice, close a Service Request due to inactivity on the part of the Customer. A Service

Request may be reopened within thirty (30) consecutive days of closure. Once a Service Request is closed

for thirty (30) consecutive days, this issue will be considered permanently closed, and it cannot be reopened.

If further work is necessary, a new Service Request will be opened, and all pertinent materials may need to be

resubmitted before work can continue.

Check Point Direct Support Program Service Level Agreement

[Restricted] ONLY for designated groups and individuals

5.4 Severity Level Response Time and Resource Commitment. Check Point agrees to use commercially

reasonable efforts to respond to Customer requests based on the Severity of the issue as follows:

Severity

Level

Response Time

(in accordance with Support Plan)

Commitment

Standard

Premium

Elite

Severity 1

30 Minutes

Check Point and Customer will commit

the necessary resources around the

clock for Problem Resolution to obtain

workaround or reduce the severity of

the Error.

Severity 2 4 Hours 2 Hours 30 Minutes

Check Point and Customer will commit

full-time resources during normal

business hours for Problem Resolution

to obtain workaround or reduce the

severity of the Error and alternative

resources during non-Standard

Business Hours.

Severity 3 4 Hours 4 Hours 4 Hours

Check Point and Customer will commit

full-time resources during normal

business hours for Problem Resolution,

to obtain workaround or reduce the

severity of the Error.

Severity 4 4 Hours 4 Hours 4 Hours

Check Point and Customer will provide

resources during normal business

hours for Problem Resolution.

Note: Check Point does not guarantee the resolution of a problem within the times specified.

For Severity definitions for Network Security Product(s) or Endpoint Security Product(s), refer to Section 1

DEFINITIONS, “Severity” Definitions for Network Security Product(s) and “Severity” Definitions for Endpoint

Security product(s).

The response times set forth in this Section 5.4 constitute targeted goals of the Technical Support to be

provided by Check Point to Customer, and it is understood that Check Point shall use commercially

reasonable efforts to respond to Customer requests within the target times set for the relevant Severity level.

The parties acknowledge the potentially idiosyncratic nature of any issue, and agree that any sporadic failure

to meet targeted times shall not

constitute a breach of Check Point Support obligations under this Agreement.

5.5 Escalation Process and Procedure.

(a) Customer-initiated Escalation: Under Check Point’s Support plan, some work items (especially those

associated with critical situations) may need to be expedited. When this becomes the case, Customer

shall notify Check Point TAC of the critical situation. If TAC determines that sufficient information has

been provided by Customer and the escalation is accepted, Check Point will work with Customer on

providing the appropriate solution. The escalation begins in accordance to Check Point standard

business practices. Upon request, Check Point may provide an action plan to Customer that may include

(but is not limited by): problem statement, next action items to resolve the issue and time estimates on

these action items.

(b) Check Point Internal Escalation Process: When TAC determines an issue needs internal escalation, the

issue receives a combination of increasing levels of engineering expertise and managerial attentions in

accordance with Check Point standard business practice. Except for the case of a Customer-initiated

Escalation in accordance with Section 5.5 (c) below, that issue need not be escalated to a higher

Check Point Direct Support Program Service Level Agreement

[Restricted] ONLY for designated groups and individuals

managerial level until the Severity of the issue increases or progress toward resolution ceases or is

unduly delayed.

If Customer feels that the issue is not moving forward in an appropriate

timeframe to closure, and/or an issue requires managerial attention, for immediate escalation, Customer

can either request Technical Representative to connect the Customer to a Team Leader or contact the

Team Leader of the Technical Representative handling the case directly. Team Leader’s contact details

are located at the bottom of the Service Request email. Regardless of the total elapsed time of an

outstanding Service Request, the point of escalation shall be initiated at the Technical Representative

level, escalated to the Team Leader(s), followed by TAC Manager(s), the TAC Director(s), and then the

TAC Vice President. For the most current list of Check Point TAC Escalation Management contacts, refer

to Escalation Management link in Service Request Web tool in the User Center.

6. LIMITATION OF LIABILITY:

NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, NEITHER CHECK POINT

NOR ITS SUPPLIERS WILL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS

AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR

EQUITABLE THEORY, REGARDLESS OF WHETHER CHECK POINT OR ITS SUPPLIERS WERE

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR: (i) ANY PUNITIVE, INCIDENTAL OR

CONSEQUENTIAL DAMAGES OR LOST DATA OR LOST PROFITS; OR (ii) FOR COSTS OF

PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; OR (iii) FOR ANY CLAIMS

BASED ON ANY ERROR, DEFECT OR NONCONFORMITY IN THE PRODUCTS OR SERVICE, FOR ANY

AMOUNT IN EXCESS OF THE PRICE PAID TO CHECK POINT FOR SUCH DEFECTIVE PRODUCT(S) OR

SERVICE; OR (IV) FOR ALL OTHER CLAIMS NOT RELATED TO AN ERROR, DEFECT OR

NONCONFORMITY IN THE PRODUCTS, ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF THE

AMOUNT PAID TO CHECK POINT HEREUNDER DURING THE THREE (3) MONTHS PRECEDING THE

DATE THE CAUSE OF ACTION AROSE.

7. TERM and TERMINATION:

7.1 Term. Support shall be provided in annual terms and shall be renewable to the then-current Support Plan

when Check Point is notified of Customer’s intent to renew the existing contract, or Check Point is notified of

Customer’s intent to change its Support Plan level. The availability of Support contract renewal is limited for

products that are subject to End-of-Support notices in accordance with Section 2.4.

In order to prevent a lapse in Support, Check Point, through a reseller, must receive purchase order for

renewal prior to the expiration date of a Support contract. In the event renewal made after the expiration date,

Support payment terms will be back-dated to the day following the expiration date of Customer's prior contract

and invoiced according to Check Point’s then-current list price. Sync fees will be charged if there are more

than forty-five (45) days between the end date of the last support contract and the purchase order for the

renewal. The Sync fees are calculated as follows: 20% of the number of days for the backward alignment

period, multiplied by the Product list price, and multiplied by the Support rate for the new support level

selected for renewal, divided by the list price period (365 days in most cases).

7.2 Termination. Check Point may terminate this Agreement in the event Customer has not made the

applicable payments to the reseller for the designated Support Plan. Check Point shall provide a 30-day cure

period prior to termination.

7.3 SLA Update. This Agreement and related Check Point Support Plan offering details are operational in

nature and may be modified at any time by Check Point. Check Point will take appropriate measures to inform

Customer of modifications and will provide Customer the right and window of time to review any proposed

change, discuss it with Check Point, and terminate the Customer relationship without penalty if all parties

cannot abide by the revisions. This Agreement supersedes any previous service level agreements.

7.4 Support Plan Upgrades. Check Point permits upgrades of annual Support at any time during the term of

the Support agreement. In the event a Support contract is terminated, Check Point shall not issue prorated

Check Point Direct Support Program Service Level Agreement

[Restricted] ONLY for designated groups and individuals

refunds. Notwithstanding the aforementioned, in the event Check Point modifies this Agreement in

accordance with Section 7.3, and such modification has or will have a substantial impact on the Check Point

Support Plan offering under this Agreement, then the Customer may terminate said Support forthwith upon

Check Point implementing any such modification and Customer may obtain a prorated refund for the

remainder of the effective period.

8. Miscellaneous:

8.1 Force Majeure. Except for the obligation to pay monies due and owing, neither party shall be liable for any

delay or failure in performance due to event outside the defaulting party’s reasonable control, including

without limitation, acts of God, earthquakes, labor disputes, shortages of supplies, actions of governmental

entities, riots, war, fire, epidemics, or other circumstances beyond its reasonable control. The obligations and

rights of the excused party shall be extended on a day-to-day basis for the period equal to the period of the

excusable delay.

8.2 Non-solicitation. Customer agrees not to solicit any employee of Check Point for employment, or

encourage any employee of Check Point to leave his or her employment with Check Point, without the

expressed written consent of Check Point. The above limitation shall be effective for the term of this

Agreement and for a period of one (1) year following the termination of this SLA or any extension hereto.

Solicitation does not include advertisements in the general media and, except to the extent an individual was

specifically encouraged to respond to such advertisements, there shall be no restriction on the hiring of

individuals so responding.

8.3 Assignment. Customer may not assign this Agreement without the prior written consent of Check Point.

Check Point may transfer its rights to any wholly owned Check Point subsidiary.

8.4 Entire Agreement. This Agreement, outlining the terms and conditions of Software technical support

and/or Hardware replacement services for Check Point products, constitutes the entire agreement between

Check Point and Customer and supersedes all previous written or oral agreement between the parties with

respect to the subject matter of this Agreement. The terms in this Agreement override any contrary terms

contained in any purchase order or other Customer documentation.

9. Office Locations:

Worldwide Headquarters:

Check Point Software Technologies Ltd.

5 Shlomo Kaplan Street, Tel Aviv 6789159, Israel

Main Tel: +1 972-3-753-4555

Main Fax: +1 972-3-575-9256

U.S. Headquarters:

Check Point Software Technologies, Inc.

959 Skyway Road, Suite 300

San Carlos, California 94070 USA

Main Tel: +1 650-628-2000

Main Fax: +1 650-654-4233

Worldwide Technical Services:

Check Point Software Technologies, Inc.

6330 Commerce Drive, Suite 120

Irving, Texas 75063

Main Tel: +1 972-444-6625

Main Fax: +1 972-444-6552

Check Point Web Site:

http://www.checkpoint.com

Check Point Support Site:

http://support.checkpoint.com

Check Point User Center:

http://usercenter.checkpoint.com

Support Programs:

http://www.checkpoint.com/techsupport/

Support Services:

http://www.checkpoint.com/services/

Support Secure FTP site:

US TAC: sftp.ts.checkpoint.com

Check Point Direct Support Program Service Level Agreement

[Restricted] ONLY for designated groups and individuals

Ottawa TAC: sftp.ott.checkpoint.com

International TAC: ftp.checkpoint.com

Check Point Direct Support Program Service Level Agreement

[Restricted] ONLY for designated groups and individuals

EXHIBIT A

Check Point Direct Support Plan Descriptions

Support offerings and services listed herein are subject to availability by product family and by service

geographic area. Customer is advised to contact a Check Point authorized reseller, or Check Point will

confirm the support programs that are available for purchase at its discretion.

To contact Check Point Technical Support, please refer to URL:

http://www.checkpoint.com/services/contact/index.html

1. CHECK POINT SUPPORT OFFERINGS

1.1 In order to meet the needs of its enterprise Customers, Check Point offers its Enterprise Support program

for the support of Check Point Software products. This provides a total support service solution directly to

enterprise/business customers. Below, are the program levels available under Check Point’s direct Enterprise

Support program:

Direct Enterprise Support

• Enterprise Standard

• Enterprise Standard PRO*

• Enterprise Premium

• Enterprise Premium PRO*

• Enterprise Elite

• Enterprise Elite PRO*

• Enterprise Diamond/Diamond Plus**

•

Enterprise Diamond/Diamond Plus PRO* **

Direct Hardware Support

• Appliance Standard

• Appliance Standard PRO*

• Appliance Standard Onsite***

• Appliance Standard Onsite PRO* ***

• Appliance Premium

• Appliance Premium PRO*

• Appliance Premium Onsite***

•

Appliance Premium Onsite PRO* ***

• Appliance Elite

•

Appliance Elite PRO*

• Appliance Elite Onsite* ***

•

Appliance Elite Onsite PRO* ***

* PRO support refers to enhancements to the Enterprise Support programs which enable proactive ticket

creation for severe issues, comprehensive reporting and daily monitoring of the Check Point environment.

** Enterprise Diamond/Diamond PLUS is an add-on to Enterprise Premium Support. For services, features,

and benefits available to Diamond/Diamond PLUS Customers, in addition to the terms of Enterprise Premium

Support, refer to the Diamond Support Amendment.

*** Onsite services refer to enhancements to the Enterprise Support programs that deliver on-site Hardware

Replacement service in case of a hardware issue is found and determined to require an RMA.

Check Point Direct Support Program Service Level Agreement

[Restricted] ONLY for designated groups and individuals

1.2 As part of Check Point’s Support program, and in connection with the sale of Appliances which include

both Software and Hardware, Check Point offers Support levels for both Software and Hardware, as

described below, covering the Software and OS installed on the Hardware, and the Hardware itself.

2. SUPPORT PLAN DESCRIPTION

For the most updated feature list of the Check Point Support plan, please visit the following online URL:

http://www.checkpoint.com/services/techsupport/programs/ces/compare_enterprise_support.html

2.1 TAC Access.

With Check Point Software and/or Hardware Support, Customer has access to TAC engineers per the

Support plan, in accordance with the terms of this Agreement.

• Standard: 5 x 9 Business Day - five (5) days a week, nine (9) hours a day, on a Business Day

• Premium: 7 x 24 - seven (7) days a week, twenty-four (24) hours a day, every day.

• Elite: 7 x 24 - seven (7) days a week, twenty-four (24) hours a day, every day.

2.2 Support Web Access.

Access to restricted websites and resources for the sole use of the Support Customer at Check Point User

Center:

http://usercenter.checkpoint.com; Check Point Support Center: http://support.checkpoint.com.

2.3 SecureKnowledge.

Check Point provides Support Customers with access to restricted portions of its knowledgebase per the

Support plan, in addition to the general installation and upgrade knowledge articles given to users with

General Access:

• Advanced Access – contains solutions regarding technical issues with moderate fix complexity, complex

errors and troubleshooting, and known issues that require contacting Check Point Support.

• Expert Access – in addition to knowledge articles available to Customer with Advanced Access, Expert

Access contains solutions regarding issues with high fix complexity, known issues with Workarounds or

Hotfixes, in-depth complex troubleshooting, and RFEs. Expert Access is given to Premium/Elite

Customers* - where * means Customers whose User Centers are covered by Premium/Elite Support or,

if only Appliances are in the account, that 100% of their Appliances are covered by Premium Support or

above.

2.4 Software Subscription.

Access to restricted download site for the sole use of the Support Customer includes latest product upgrades,

enhancement, Hot Fix Accumulators (HFAs), Feature Packs, security fixes, tools, and utilities.

2.5 Severity Level Response Time.

Check Point agrees to use commercially reasonable efforts to respond to Customer requests based on the

Severity of the issue within specified time target(s) per the Support plan, in accordance with the terms of this

Agreement.

2.6 Support Focal Point.

Check Point Technical Assistance Centers are staffed by Support engineers who have extensive experience

in supporting large-scale networks and providing assistance with diagnosis and resolution of defects and/or

failures in Check Point products. As a single point of contact for all of Customer’s support needs, TAC Support

engineers are grouped by expertise and experience, to ensure that TAC responds as quickly as possible by

priority in accordance with the terms of the Support plan and this Agreement.

• Desks Support Engineer

• Premium Support Engineer

• Escalation Support Engineer

Check Point Direct Support Program Service Level Agreement

[Restricted] ONLY for designated groups and individuals

2.7 Advance Replacement.

With Check Point Hardware Support, Customer is entitled to Advance Replacement service on the Hardware

in accordance with the terms of the Support plan and this Agreement. Replacement delivery targets are listed

per the Support plan.

Appliance Standard

After TAC determines that the Hardware issue is related to a malfunction of one of the Appliance components,

Check Point will provide Advance Hardware Replacement of the faulty Hardware Product via same business

day (SBD) shipment*, with delivery target next business day (NBD).

Appliance Standard Onsite

After TAC determines that the Hardware issue is related to a malfunction of one of the Appliance components,

and after a repair action plan has been defined, Check Point will provide

Onsite Hardware Replacement next

business day (NBD), which includes delivery of replacement hardware to the Site and basic installation by a

Check Point Certified Onsite Technician or ACE Partner. (For RMA determination completed by 5 pm local

time).

Appliance Premium; Appliance Elite

After TAC determines that the Hardware issue is related to a malfunction of one of the Appliance components,

Check Point will provide Advance Hardware Replacement of the faulty Hardware Product via a customized

rush service Next Flight Out (NFO) or Express Delivery shipment (when applicable**) or same day (SD)

shipment, with delivery target same evening/night or early next business day (NBD) morning**.

Appliance Premium Onsite; Appliance Elite Onsite

After TAC determines that the Hardware issue is related to a malfunction of one of the Appliance components,

and after a repair action plan has been defined, Check Point will provide

Onsite Hardware Replacement within

four (4) hours (4Hr), which includes delivery of replacement hardware to the Site and basic installation by a

Check Point Certified Onsite Technician or ACE Partner.

* For RMA determination completed by 15:00 regional hub time; otherwise shipment will occur next business day (NBD)

with delivery target extended by one day.

** Next Flight Out / Express Delivery is available in the European Union and mainland USA. Appliances are shipped

during normal business hours and may arrive during off hours or next business day until 9AM.