Third Party Dependency Disclosure

Annexure 4 

Third Party Dependency Disclosure

1. Introduction

  1. This Third Party Dependency Disclosure for Alef’s Licensed Offerings and Services is a part of the Agreement. Capitalized terms used but not defined in this Third Party Dependency Disclosure will have the meaning assigned to them in the Agreement. This Third Party Dependency Disclosure applies to the Licensed Offerings and Services listed herein (a “Service” or the “Services”), but does not apply to separately branded services made available with or connected to the Services or to any on-premise software that is part of any Service. 

2. Disclosure

  1. The Services or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your Alef account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.

  2. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Alef is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Customer Data that you’ve stored. We recommend that you regularly backup Customer Data that you store on the Services or store using other products offered through the Services.

  3. Notwithstanding anything contained in this annexure and under the Agreement, Alef’s obligations and/ or service commitments in relation to the performance or availability of the Licensed Offerings and/ or Services under this Agreement shall not apply :

    1. In the event of issues arising due to factors outside Alef’s reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data center);

    2. In the event of issues that result from the use of services, hardware, or software not provided by us, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services contained in Section 3.4;

    3. In the event of issues that result from failures in a single Alef/ supplier datacenter location, when your network connectivity is explicitly dependent on that location in a non-geo-resilient manner; 

    4. In the event of issues caused by your use of a Service after we advised you to modify your use of the Service, if you did not modify your use as advised;

    5. Due to Service interruption resulting from denial of service attack (DOS), virus attacks, hacking attempts or any other circumstances;

    6. In events occurring prior to the start of your Subscription;

    7. During or with respect to Previews, pre-release, beta or trial versions of a Service, feature or Software (as determined by us);

    8. In the event of issues arising from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices;

    9. In the event of issues arising from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance;

    10. In the event of issues that result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);

    11. In the event of issues that result from your attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behavior; or

    12. For licenses reserved, but not paid for, at the time of the Incident.

3. Third Party Dependency for specific Alef Licensed Offerings and Services

  1. Alef Private Edge

    To provide the Alef Private Edge Service, we rely on networks, systems, equipment, and services provided by our suppliers. Our suppliers may also engage in their own network management techniques to protect their networks, systems, equipment, and services from harm, and such network management can impact the Alef Private Edge Service. Such network management techniques carried out by our suppliers that results in issues relating to internet connectivity, wireless network connectivity and Edge server-hosting in the Alef Private Edge Service shall fall outside the scope of a performance or availability issue attributable to Alef, and the Customer shall not be eligible for claims and/ or Refund(s) in this regard.

  2. Details regarding Alef’s Third-Party Dependency Disclosures in relation to all other Licensed Offerings, Services (other than Alef Private Edge) and Third Party Components identified in the applicable Order Form shall be displayed on the Alef Site, from time to time.