CA Cloud Service Management

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Use of the CA Technologies Cloud Service Management Trial Software-as-a-Service is provided at no cost subject to these terms and conditions. By clicking on the 'Get Trial' button, you confirm that you have read the CA privacy notice and agree to the terms of the CA Technologies Trial Agreement, including consent to this use of your data. Any data you enter into the software application during the trial period will be deleted when the trial period expires and is not transferable to a paid license of this software application.

Terms Agreement


THIS MASTER SAAS SUBSCRIPTION AGREEMENT GOVERNS YOUR TRIAL USE, PURCHASE AND USE OF CA’S SAAS OFFERING(S).

BY CLICKING “I ACCEPT” OR “I AGREE” CUSTOMER IS ACCEPTING THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR COMPANY, EMPLOYER, OR OTHER LEGAL ENTITY, AND YOU REPRESENT AND WARRANT YOU HAVE THE AUTHORITY TO DO SO.  IF YOU DO NOT HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT, OR IF YOU DO NOT ACCEPT THE TERMS OF THIS MASTER SAAS SUBSCRIPTION AGREEMENT, YOU MUST NOT USE THE SAAS.

1. GRANT OF RIGHTS AND RESTRICTIONS

Right to Use SaaS. CA grants to Customer a non-exclusive, non-transferable right for Customer and its Authorized Users to access and use the SaaS in accordance with the Agreement and the Documentation during the applicable Subscription Term.

Trial Use. If Customer registers for and/or is granted access to a trial version of the SaaS this section shall apply to the trial use of the SaaS. For trial purposes, Customer may access and use the SaaS in a non-production environment for the sole purpose of evaluating the SaaS, subject to the terms and conditions of the Agreement for the duration stated in the Transaction Document. Additional trial terms and conditions may appear on the Transaction Document and are incorporated by reference and are legally binding.

SAAS ACQUIRED FOR TRIAL PURPOSES IS PROVIDED “AS IS” AND CA PROVIDES NO SLAs, WARRANTIES OR INDEMNIFICATION FOR SUCH TRIALS.  ANY DATA ENTERED OR CONFIGURATIONS OF THE SAAS DURING THE TRIAL PERIOD WILL NOT BE STORED OR AVAILABLE AFTER THE TRIAL PERIOD.

Service Level AvailabilityService Level Availability is specified in the applicable SaaS Listing found here http://www.ca.com/us/products/saas/product-resources.aspx.  The following events are not included in the calculation of Service Level Availability: (i) outages caused by circumstances beyond CA’s reasonable control, such as, acts of God, acts of government, floods, fires, earthquakes, acts of terror or war, internet service provider failures or delays or denial of service attacks (“Force Majeure Event”); (ii) outages due to Scheduled Downtime;  (iii) outages resulting from Customer’s failure to use the SaaS in accordance with the Documentation or the Agreement or Customer’s networks or domain name server issues and (iv) outages to remedy a security vulnerability or as required by law.

Restrictions. Customer will not: (i) permit any unauthorized third party to access the SaaS or related software; (ii) send or store code that can harm or result in damage to SaaS (such as malicious code and malware); (iii) interfere with or disrupt the integrity of SaaS or the data contained therein; (iv) attempt to gain unauthorized access to the SaaS or its related system or networks;  (v) modify, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code form or structure of the software used in SaaS or related software; (vi) copy, frame or mirror any part of the SaaS unless expressly provided in the Documentation and then only on Customer’s own intranet for internal business purposes; (vii) provide, lease or lend SaaS or related software to any third party except as expressly authorized hereunder; (viii) use SaaS in order to cause harm such as overload or create multiple agents for the purpose of disrupting operations of a third party; (ix) remove or modify any program markings or any notice CA’s or its licensors’ proprietary rights; (viii) perform or disclose any benchmark or performance tests on the SaaS; (x) perform or disclose any of the following security testing of the SaaS environments or associated infrastructure: network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing,  penetration testing or any other test or procedure not authorized in the Documentation or (xi) access, use or observe the SaaS to assist in the creation of a competitive product or service or to copy any features, functions or graphics.

CA may temporarily suspend any Customer account, and/or a Customer’s access to or use of the SaaS if the Authorized Users violate any provision within the “Grant of Rights and Restrictions” “Customer Data” or “Customer Responsibilities” sections of this Agreement, or if in CA’s reasonable judgment, the SaaS offering or any component thereof are about to suffer a significant threat to security or stability based on any unauthorized use. CA will provide Customer advance notice of any such suspension in CA’s reasonable discretion based on the nature of the circumstances giving rise to the suspension.  CA will use reasonable efforts to re-establish the affected SaaS services promptly after CA determines, in its reasonable opinion, that the situation giving rise to the suspension has been cured; however, after any suspension period, CA will make available to you your Customer Data and SaaS as existing in the production environment on the date of suspension. CA may terminate the SaaS services under an order if any of the foregoing causes of suspension is not cured within 30 days after CA’s initial notice thereof. Any suspension or termination by CA under this paragraph shall not excuse you from your obligation to make payment(s) under this Agreement.

2. FEES, DURATION & PAYMENT

Fees.  The fees payable by Customer to CA are stated in the Transaction Document.  Unless otherwise stated, CA will monitor Customer’s SaaS usage.  In the event Customer exceeds the Authorized Use Limitation, the overage will be treated as an order for excess use and Customer will be billed for the overage at the rates stated in the applicable Transaction Document.  The overage will be included in the Authorized Use Limitation for the remainder of the Subscription Term. Customer agrees that the purchase of any SaaS is not contingent on CA providing any future features or functionality.

Payment.  Payment is due within 30 days from receipt of CA’s invoice.  Receipt is deemed to have occurred three (3) work days from posting.  Any late payments will accrue charges at the rate of 1% of the outstanding balance per month, or the amount prescribed by law, whichever is lower.

Taxes.  All fees listed in the Transaction Document(s) are exclusive of any taxes.  Customer agree to pay any applicable VAT, GST, sales tax and any other applicable taxes in addition to the fees when such payments are due, excluding taxes on CA’s net income.

3. OWNERSHIP & CONFIDENTIALITY

Ownership.  CA or its licensors own all rights, including Intellectual Property rights, in the SaaS, Services and Deliverables and any materials relating thereto, including any modifications, enhancements, customizations, updates, revisions or derivative works thereof.  Customer, Authorized Users, or its licensors own all rights, title and interest in Customer Data, including any Intellectual Property rights therein as well as all other Customer Intellectual Property.  CA shall have a royalty free, worldwide, irrevocable, perpetual license to use and incorporate into the SaaS any suggestions, enhancement requests, or other feedback provided by Customer or its Authorized Users, relating to the SaaS without restriction.  No transfer of CA’s rights or Intellectual Property ownership will occur under the Agreement.  All rights not expressly granted to the Customer are reserved by CA.

Confidential Information. Each party agrees that it will not use or disclose any Confidential Information received from the other party other than (i) to perform its obligations under the Agreement or receive the benefit of the SaaS, or (ii) as expressly authorized in writing by the other party.  Each party will use the same degree of care to protect the other party’s Confidential Information as it uses to protect its own confidential information of like nature, but in no circumstances less than reasonable care.  Neither party will disclose the other party’s Confidential Information to any person or entity other than its officers, principals, employees and subcontractors who need access to such Confidential Information to perform their obligations under the Agreement and who are bound by confidentiality terms no less restrictive than those in the Agreement. For SaaS, related software, Services, Deliverables, Documentation and the Agreement the foregoing obligations of this section are perpetual and shall survive termination. For all other Confidential Information, the foregoing obligations shall extend for five (5) years from the date of initial disclosure. 

Exceptions to Confidentiality.  The restrictions set out in this section will not apply to any information that the Receiving Party can demonstrate (i) was known to it prior to its disclosure by the Disclosing Party; (ii) is or becomes publicly known through no wrongful act of the Receiving Party; (iii) has been rightfully received from a third party authorized to make such disclosure without restriction; (iv) is independently developed or acquired by the Receiving Party; or (v) has been approved for release in writing by the Disclosing Party. Confidential Information may, without breach of this section, be disclosed by court order or as otherwise required by law, provided that the Receiving Party provides prompt advance notice thereof, to the extent reasonably possible, to enable the Disclosing Party to seek a protective order or otherwise prevent such disclosure. The exception in subsection (ii) shall not be applicable to personally identifiable information.

Injunctive Relief. The parties agree that in addition to any other remedies available at law or hereunder, the Disclosing Party will be entitled to seek injunctive relief for any threatened or actual disclosure by the Receiving Party in breach of the Agreement.

4. MAINTENANCE AND SUPPORT SERVICES

CA will provide support services for the SaaS in accordance with the terms described at http://support.ca.com.  Access to SaaS support is limited to supported versions of the SaaS offerings, as per the SaaS Upgrade Policy. Extended support agreements for non-supported versions of SaaS offerings are not offered.

CA may update, improve, modify or add new functionality to SaaS during the Subscription Term for optimization of SaaS as necessary in order to maintain performance and/or fix any issues during the Subscription Term. In the event any update will materially change either the administrator or user experience, CA will provide Customer reasonable prior notice (not less than 30 days) and will provide a preview site where Customer can observe such changes where applicable, provided however, that CA may make a change with shorter or no notice if the change is required by law or to fix a security vulnerability. CA may make changes or updates to the SaaS infrastructure (such as compute infrastructure, storage technology, security, technical configurations, hosting facilities within  Data Center Region, etc.) during the Subscription Term, including to reflect changes in technology, industry practices, patterns of system use.  CA is not obligated in any way to maintain any instance other than the current generally available version of the underlying CA software unless explicitly set out in the applicable SaaS Listing and may upgrade any non-compliant instance or suspend the service until Customer has completed any actions required to move to the supported version without rebate or credit for any such period of suspension.

5. SERVICES

Services, if ordered, will be provided in accordance with these Terms and the applicable Transaction Document.

6. CUSTOMER DATA / SECURITY

Customer Data.  Customer exclusively owns all rights, title and interest in and to all Customer Data which may include personally identifiable information. Customer Data shall be considered to be Confidential Information under the Agreement.  Customer Data will be stored and processed in the Data Center Region specified in the SaaS Listing. CA shall not access Customer’s user accounts, or Customer Data, except (i) in the course of data center business operations, if required, (ii) in response to SaaS or technical issues, or (iii) at Customer’s specific request as reasonably required in the provision and support of SaaS.  Customer Data shall be protected the same way as Confidential Information and as specified in the SaaS Listing.  CA will collect, modify and analyze meta data and/or operations data which does not contain any Customer Data, such as log files and transaction counts.    In case of a Force Majeure Event which causes a loss of or damage to Customer Data, Customer acknowledges and agrees that Customer Data may not be fully recoverable beyond the last restoration/archive point (the frequency of such restoration/archive points can be found in the SaaS Listing).  Customer may access reports, information, and other output through SaaS in a readable form (e.g. CSV, XML) until the end of the Subscription Term. Any specific reports or data requested by Customer during or at the end of the Subscription Term that is not available through SaaS or produced in customized formats will be charged based on the scope of the request. Such fees will be agreed in writing between Customer and CA.

Transfer of Customer Data. If Customer transfers any personal data to CA as a requirement in connection with the SaaS, then Customer represents that (i) it is duly authorized to provide personal data to CA and it does so lawfully in compliance with relevant legislation, (ii) CA and any entity within the CA group of companies or its subcontractors can use such data for the purposes of performing its obligations, and (iii) CA may disclose such data to any CA entity and its subcontractors for this purpose and may transfer such data to countries outside of the country of origin. CA, Inc. is Safe Harbour certified and the CA entities have committed to comply with relevant data protection/privacy legislation.  Customer agrees not to provide any health, payment card or similarly sensitive personal information that imposes specific data security obligations for the processing of such data unless it is a supported feature in the Documentation of the applicable SaaS Offering.

Restoration of Data.  CA is not responsible for any unauthorized access to or alteration, theft or destruction of Customer Data unless such access, alteration, theft or destruction is caused as a direct result of CA’s negligence or intentional misconduct, in which case CA’s only obligation and Customer’s exclusive remedy is for CA to use commercially reasonable efforts to restore the Customer Data from the most recent back-up.

Security. CA will maintain and administer a security policy with physical and technical safeguards designed to protect the security, integrity and confidentiality of the Customer Data.  CA runs security background checks on all production operation staff who may have access to Customer Data. Security audits, as specified in the SaaS Listing, are conducted periodically to certify that security controls are in place and are being carried out, including administering such background checks. Upon request and execution of a CA security non-disclosure agreement, Customer may review any security reports specified in SaaS Listing. CA may utilize subcontractors in the provision of SaaS so long as such subcontractors are bound to contractual terms no less protective of Customer’s rights provided hereunder and provided further that any use of subcontractors in the operation of any applicable data center is subject to the same security controls and audits as if performed by CA employees.  The parties understand and agree that CA remains fully liable under the terms of the Agreement for any breach caused by a subcontractor of CA. In the event that CA has determined that a Security Breach will or is likely to cause harm to the Customer or an Authorized User. CA will provide Customer with notice of the Security Breach within five (5) working days. After initial notification, CA will keep Customer updated as necessary and provide a reasonably detailed incident report which may include the steps taken by CA to investigate the Security Breach and measures to be taken by the Customer to minimize potential damages. The parties understand and agree that CA may be prevented by law, regulation or a third party arrangement from providing such notice(s) and/or reports within the above time frames.

7. CUSTOMER RESPONSIBILITIES

In order to access and use the SaaS, Customer is required to and represents that it will: (i) maintain minimum requirements (such as operating system versions) that can be found in the Documentation and as may be updated from time to time; (ii) ensure Authorized User compliance with the Agreement; and (iii) be responsible for all activities relating to the administration and use of the SaaS, including ensuring the accuracy, legality, rights of use, and quality of the data stored or transmitted when accessing or using the SaaS. If Customer discovers any unauthorized use or access of the SaaS, Customer shall promptly notify CA in writing.  Customer may integrate or utilize third party links and agrees that CA shall have no responsibility or liability with respect to such links, or for any act or omission of any such third party provider.

8. TERM & TERMINATION

Term. These Terms shall apply to each Transaction Document.  Each Subscription Term will commence on the date stated in the Transaction Document and will expire on the date indicated in the Transaction Document.

Termination for Cause. A party may terminate the Agreement for material breach by the other party, provided that in each instance of a claimed breach: (i) the non-breaching party notifies the breaching party in writing of such breach within thirty (30) days of its occurrence; and (ii) the breach is not cured within thirty (30) days of receipt of such notice.

Effect of Termination. In the event of an uncured material breach by CA, Customer will be entitled to a refund of any pre-paid unused fees calculated against the remainder of the Subscription Term as of the effective date of such termination. The termination of SaaS under one Transaction Document shall not impact the validity of other Transaction Documents. If the Agreement is terminated by CA in accordance with the section entitled Termination for Cause, the due dates of all invoices to be issued will be accelerated so that such invoices become due and payable on the effective date of termination.  All rights granted under the Agreement will immediately terminate and each party will return or destroy all Confidential Information of the other party in its possession.

Surviving Provisions.  The following provisions will survive and remain in effect after termination of the Agreement:  Grant of Rights & Restrictions; Ownership & Confidentiality; Fees, Duration and Payment; Term and Termination; Warranty Disclaimer; Limitation of Liability; General Provisions; and Glossary of Terms..

9. WARRANTY

Warranty.  During the Subscription Term, CA warrants that the (i) SaaS will materially conform to the Documentation for the Subscription Term and (ii) any Deliverable will conform to the Services Documentation for a period of thirty (30) days from the date of delivery.  If it is established that CA has breached the above warranty, CA may, at its option, (i) use reasonable efforts to cure the defect ; (ii) replace the SaaS with SaaS that materially conforms to the specifications in the Documentation; (iii) in the event CA, cannot, after commercially practicable attempts to do so, achieve the remedies in (i) or (ii), where the breach relates to SaaS, CA may terminate the subscription to the SaaS and provide a refund of pre-paid, unused fees calculated against the remainder of the Subscription Term as of the effective date of such termination, or where the breach relates to Services, the Customer will return the Deliverables and CA shall refund the fees paid for the Deliverable. 
Customer must report the alleged breach of warranty with reasonable specificity in writing within thirty (30) days of its occurrence to benefit from this warranty and the remedies stated herein. The above warranty remedies are CA’s sole obligation and Customer’s sole and exclusive remedy for breach of the above warranty.

Warranty Disclaimer. THE ABOVE WARRANTIES ARE CA’S ONLY WARRANTIES AND TO THE EXTENT PERMITTED BY LAW NO OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THIRD PARTY WARRANTIES, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE MADE BY CA. CA DOES NOT WARRANT THAT THE SAAS OFFERED WILL MEET CUSTOMER’S REQUIREMENTS OR THAT USE OF THE SAAS WILL BE UNINTERRUPTED OR ERROR-FREE.

10. INDEMNIFICATION

Indemnification by CA.  CA will indemnify, defend, and/or at its option, settle any third party claims that Customer’s use of SaaS in accordance with this Agreement or the Services infringes or misappropriates any third party valid patent, copyright or trademark or illegally misappropriates a third party’s trade secret within the jurisdictions in which Customer is authorized to use SaaS or Services.   CA may, at its option and expense: (i) procure for Customer the right to continue to use the SaaS or Services; (ii) repair, modify or replace the SaaS or Services so that it is no longer infringing; or (iii) terminate the Agreement for the applicable SaaS or Services upon thirty (30) days’ notice and in respect of SaaS, refund any unused prepaid fees calculated against the remainder of the Subscription Term as of the effective date of such termination and in respect of the Services provide a pro-rata refund of the fees paid for the Services or Deliverable(s) that caused such infringement.  CA shall have no liability if the alleged infringement is a result of the use of SaaS or Services in combination with any third party product not supplied by CA (except when required by the Documentation in order to use the SaaS).

Indemnification by Customer.  Customer shall indemnify, defend, and/or at its option, settle any third party claims against CA that Customer Data or Customer’s use of the SaaS is in breach of this Agreement, infringes or misappropriates any third party Intellectual Property rights within the jurisdictions in which Customer is using the SaaS, or violates applicable law, rules, directives or regulation. 

Indemnity Conditions.  Each party’s indemnification rights require: (i) prompt notice of any claim against the party seeking to be indemnified; (ii) the indemnifying party’s sole control of the defense or settlement, provided that any settlement the indemnifying party enters into releases the other party of all liability; and (iii) the party seeking to be indemnified provides reasonable assistance in the defense or settlement of such claim.

THE FOREGOING PROVISIONS STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF EITHER PARTY REGARDING CLAIMS OF INFRINGMENT, AND THE EXCLUSIVE REMEDY TO EITHER PARTY WITH RESPECT TO ANY ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS.

11. LIMITATION OF LIABILITY

EXCEPT FOR BREACHES OF THE GRANTS OF RIGHTS AND RESTRICTIONS AND THE OWNERSHIP SECTION BY CUSTOMER, CONFIDENTIALITY BY EITHER PARTY OR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, (I) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT, OR OTHERWISE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR UNFORESEEABLE LOSS, DAMAGE OR EXPENSE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OR CORRUPTION OF DATA, HOWEVER ARISING, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED, AND (II) EACH PARTY’S LIABILITY TO THE OTHER UNDER THE AGREEMENT, FOR DAMAGES, LOSSES, OR LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION WHETHER CONTRACTUAL OR NON-CONTRACTUAL, SHALL BE LIMITED TO A MAXIMUM OF THE FEES PAID AND OWED FOR SAAS PROVIDED TO CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR WHERE THE CLAIM RELATES TO SERVICES ONLY THE FEES PAID AND OWED FOR THE SERVICES GIVING RISE TO THE CLAIM. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S OBLIGATION TO PAY IN ANY WAY.

12. GENERAL PROVISIONS

Notices. All notices under the Agreement must be in writing, addressed to the parties on the Transaction Document and sent by pre-paid first class mail/post. Notices will be deemed received by the party to whom the notice is addressed two (2) working days from posting. 

Independent Contractors.  The relationship between CA and Customer is strictly that of independent contractors. 

Governing Law; Venue. The validity, construction and interpretation of the Agreement will be governed by the internal laws of the State of New York, excluding its conflict of law provisions.  The parties consent to the exclusive jurisdiction and venue of the federal and state courts located in Suffolk County, New York, for any action arising hereunder.

Assignment. The Agreement may not be assigned by Customer without the prior written consent of CA, such consent not to be unreasonably withheld.

Export Requirements.  Customer acknowledges that the SaaS and Services are subject to control under U.S. law, including the Export Administration Regulations (15 CFR 730-774) and agrees to comply with all applicable import and export laws and regulations.  Customer agrees that the SaaS and Services will not be exported, re-exported or transferred in violation of U.S. law or used for any purpose connected with chemical, biological or nuclear weapons or missile applications, nor be transferred or resold, if Customer has knowledge or reason to know that the SaaS or Services is intended or likely to be used for such purpose. 

Miscellaneous.  If any provision of the Agreement is held to be contrary to law, then the remaining provisions of the Agreement will remain in full force and effect.  No delay or omission by either party to exercise any right or power it has under the Agreement will be construed as a waiver of such right or power.  All waivers must be in writing and signed by the party waiving its rights. Any third party software contained in the SaaS shall be subject to the terms, conditions and notices governing its use that are found in the Documentation accompanying the SaaS, and/or at https://support.ca.com/prodinfo/tpterms and/or presented to, and accepted by, Customer during the initiation of the SaaS. The Agreement constitutes the entire agreement between CA and Customer with respect to the subject matter hereof. The Agreement supersedes all prior discussions, negotiations, agreements, and undertakings between the parties with respect to such subject matter.  No modification of the Agreement will be effective unless contained in writing and signed by an authorized representative of each party.  No term or condition contained in Customer’s purchase order or similar document will apply unless agreed upon in an express written amendment to the Agreement, even if CA has accepted the order set forth in such purchase order, and all such terms or conditions are otherwise hereby expressly rejected by CA. In the event of a conflict among these Terms, the SaaS Listing and the Transaction Document, the order of precedence from highest to lowest shall be (i) Transaction Document, (ii) SaaS Listing, (iii) these Terms.

GLOSSARY OF TERMS

Affiliate” means any legal entity in which a party directly or indirectly owns greater than 50% of an entity’s shares or controls the board of such entity by force of law or contract or the equivalent.

Agreement” means collectively, the terms of this Master SaaS Subscription Agreement (the “Terms”) and each individual Transaction Document and applicable SaaS Listing.

Authorized Use Limitation ” means the limitation on usage of SaaS measured by billing metric specified on the Transaction Document and/or SaaS Listing.

Authorized Users ” means Customer, its employees and independent contractors and/or its Affiliates or as otherwise defined in the SaaS Listing, that access and use SaaS provided that they agree to be bound by terms and conditions no less restrictive than those contained in the Agreement and solely to the extent that they are acting on behalf of Customer or its Affiliates.

CA” means CA, Inc.

CA Intellectual Property” means Deliverables, business processes, software, tools, databases, data, materials, information, and any derivatives or modifications thereof, which includes, without limitation any and all patents, copyrights, trademarks, trade secrets, and other intellectual property rights therein, that are either (i) owned at any time (ii) developed independently of the Services (iii) licensed from a third party.

Customer” means the entity identified or entering into the applicable Transaction Document. For purposes of this Agreement, Customer may also be referred to as “you” and “your”.  

Customer Data ” means information submitted by, or entered by an Authorized User or automatically uploaded through the use of the SaaS for processing and storage thereby.

Customer Intellectual Property ” means Confidential Information and any business requirements, materials, information and/or intellectual property owned or licensed that is provided by Customer, which includes, without limitation all patents, copyrights, trademarks, trade secrets, and other intellectual property rights that may be accessed or used during the provision of Services but in all cases excludes any CA Intellectual Property.

Confidential Information ” means any and all information disclosed by either party or an applicable Affiliate (the “Disclosing Party”) to the other or its Affiliate (the “Receiving Party”), which is marked “confidential” or “proprietary” or which should reasonably be understood by the Receiving Party to be confidential or proprietary, including, by way of example only, the Agreement, pricing, and SaaS and its Documentation.

Data Center Region ” means a geographic region that is served by one or more hosting facilities for CA SaaS. CA Data Center Regions may include: Americas, EMEA (Europe, Middle East, Asia) and APJ (Asia-Pacific, Japan).

Deliverables ” means all results of Services provided to the Customer pursuant to a Transaction Document.

Documentation ” means any published technical manuals, including any updates thereto, relating to the use of the SaaS made generally available by CA and includes any applicable services policies or terms referred to in the Agreement with the exception of any SLAs. 

Intellectual Property ” means any intellectual property or proprietary rights recognized in any country or jurisdiction in the world.

SaaS ” means the online service defined in the Transaction Document and made available to Authorized Users via the internet and includes all supplementary services to be provided by CA hereunder.

SaaS Listing ” means the operating parameters and availability standards for the specific SaaS offering as published or made available by CA.  SaaS Listings may define provisioning and management processes applicable to the SaaS Offering, types and quantities of system resources (such as storage allotments), functional and technical aspects of the SaaS, as well as a catalogue of available service requests. These listings are available at http://www.ca.com/us/products/saas/product-resources.aspx

SaaS Upgrade Policy ” means CA’s published policy on version and patch upgrades of its SaaS Offerings. This Policy can be found www.support.ca.com

Scheduled Downtime ” means planned downtime of SaaS availability for events including, but not limited to, upgrades and updates to the SaaS and data center infrastructure where CA provides notice to Customer, at least 72 hours in advance.

Security Breach ” means access to Customer Data by an unauthorized person or entity. 

Services ” means the professional services provided by CA or its designated subcontractors to the Customer as set out in the relevant Transaction Document.

Services Documentation ” means the documentation provided to the Customer pursuant to a Services engagement, including without limitation, such documentation describing the project specifications, design, configuration, architecture and testing procedures, or installation and user guides, as applicable.

Service Level Availability ” or (“SLA(s)”) means targeted availability levels measured in the production environment as may be specified in the SaaS e Listing.

Subscription Term ” means the duration identified in a Transaction Document during which the SaaS will be provided, and any subsequent renewals.  

Transaction Document ” means the webpage(s) that is presented to Customer when obtaining the SaaS or a mutually agreed to ordering document such as a CA order form for SaaS (including trials) and/or Services, as applicable.

Questions & Answers

What is CA Cloud Service Management?

CA Cloud Service Management is an innovative service management solution architected to speed and streamline your service desk operations while reducing complex and repetitive tasks. It delivers robust automation capabilities to help reduce manual, tedious tasks.

What’s unique about CA Cloud Service Management?

CA Cloud Service Management is purpose-built for speed—rapidly accelerating time to value where other SaaS solutions fall short. Implement in days, adopt with minimal training, configure without programmers, automate end-user requests and get automatic upgrades. Simplified pricing gives you predictable costs—no nickel and diming or complex pricing charges. The CA advantage means rapid time to value, ease of use and low cost of ownership.

Is it easy to implement CA Cloud Service Management?

CA has rapid implementation packages that allow a customer to get started in as little as seven days. In fact, 73 percent of our customers implement our solution in less than four months, and 38 percent do so in less than two.¹

How can I buy CA Cloud Service Management?

Please contact our sales team at cainfo@ca.com.

1Techvalidate: http://www.techvalidate.com/tvid/FC9-A09-A13

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