These Service-Specific Terms describe the Cradlepoint NetCloud Manager Services. Customer’s subscription is governed by these Service-Specific Terms and the Cradlepoint End User Agreement located at https://cradlepoint.com/legal/ (the “Agreement”). Capitalized terms used in these Service-Specific Terms and not otherwise defined herein have the meaning given to them in the Agreement.
- Description of Services
The Cradlepoint NetCloud Manager Services provides Customer with a cloud-based network management platform, accessible through a browser and mobile application, to configure, deploy, monitor, operate, and troubleshoot purpose-built LTE or 5G router and adapter endpoints to manage Customer’s wireless WAN. Cradlepoint may, in its discretion, also provide access to APIs and SDKs to enable connection to and integration with third party applications.
- License to Software
Access to Cradlepoint NetCloud Manager Services requires End Users to download, install, and update from time-to-time certain software applications (the “Client Software“). Subject to Customer’s compliance with all of the terms and conditions of the Agreement and these Service-Specific Terms, Cradlepoint hereby grants Customer and its End Users a limited, personal, non-sublicensable, non-transferable, non-exclusive license to internally use the Client Software only in accordance with any accompanying documentation, and only as required to access the Services in accordance with this license. If there is a conflict between the terms of this Agreement and any license accepted to download the Client Software, this Agreement shall prevail. Customer is responsible for promptly downloading and installing any Updates to Client Software that Cradlepoint make available.
- Limited Hardware Warranty
All hardware products sold as components of the Services include a limited warranty (as set forth in the Cradlepoint Warranty, located at: https://cradlepoint.com/legal/) against defects in materials and workmanship through the designated last date of support, as set forth in Cradlepoint’s End of Life Policy, available at https://customer.cradlepoint.com/s/article/End-of-Life-EOL-Policy-Guidelines, (the “EOL Policy“) when: (a) used in accordance with Cradlepoint’s product documentation and (b) the hardware products are under a continuous, fully paid-up subscription to Cradlepoint NetCloud Manager Services. Cradlepoint’s limited hardware product warranty is non-transferable and extends only to the original purchaser of the products either directly from Cradlepoint or from a Channel Partner.
- Limited Software Warranty
Cradlepoint represents and warrants that it will not knowingly include in any Client Software provided to Customer hereunder any computer code or other computer instructions, devices or techniques, including without limitation those known as disabling devices, Trojans, or time bombs, that are intentionally designed to disrupt, disable, harm, infect, defraud, damage, or otherwise impede in any manner, the operation of a network, computer program or computer system or any component thereof, including its security or user data. If, at any time, Cradlepoint fails to comply with the warranty in this Section, Customer may promptly notify Cradlepoint in writing of any such non-compliance. Cradlepoint will, within thirty (30) days of receipt of such written notification, either correct the non-compliance or provide Customer with a plan for correcting the non-compliance. If the non-compliance is not corrected or if a reasonably acceptable plan for correcting them is not established during such period, Customer may terminate the affected Service as Customer’s sole and exclusive remedy for such non-compliance. Client Software and NetCloud Manager Services are also subject to the EOL Policy.
- Service Level Objective
Cradlepoint will use commercially reasonable efforts to make the Cradlepoint NetCloud Manager Services available 24 hours a day, 7 days a week, except for: (i) scheduled maintenance downtime, (ii) emergency maintenance, and (iii) any unavailability caused by circumstances beyond Cradlepoint’s reasonable control, including, a Force Majeure Event.