Supplemental Terms of Use



This Supplemental Terms of Use (Enterprise Agreement) (“Supplemental Terms of Use”) sets forth certain specific and additional terms in connection with your purchase of an enterprise agreement (“EA”) and such Supplemental Terms of Service are in addition to and/or modify the agreement between you and us that govern your use of the Aviatrix Offerings (“Customer Terms of Use” or “Agreement”). Unless already defined, all capitalized terms in these Supplemental Terms of Use shall have the meaning given in the Agreement. In the event of a conflict between these Supplemental Terms of Service and the Agreement, these Supplemental Terms of Service shall prevail.

  1. EA Order. This Supplemental Terms of Service will be in effect when you place a Software Order for an EA (“EA Order”). You will select your feature tier (“Feature Tier”) on the EA Order, and this will define additional usage rights you have under the EA as further described below during the EA Subscription Term (“EA Term”). The EA Order will also establish the initial Network Node count you have purchased under the EA (“Initial Node Count”) and the Fee for each Network Node (“Per Node Fee”) for your selected Feature Tier. Devices required for certain available EA features are priced and sold separately under the Agreement.
  2. Feature Tier Usage Rights. You may use the Controller(s) to select and deploy any Software feature or functionality available under your selected Feature Tier in order to consume your Initial Node Count and, if desired, initiate Node Growth, as further described below.
  3. Baseline Fees and Growth. The baseline Fees (“Baseline Fees”) you owe for each annual period of the EA are calculated by multiplying the Initial Node Count by the Per Node Fee. Once your Initial Node Count is consumed, you may deploy and use additional Network Node(s) (“Node Growth”) without any immediate charge; however, you must pay for this additional consumption pursuant to Section 4 below. Notwithstanding the foregoing, if you have Node Growth in excess of 20% of the Initial Node Count within the first six (6) months of the EA Term, we may adjust the Baseline Fees for such Node Growth to be applied for the remainder of the EA Term.
  4. Annual EA Fees Calculation. The minimum you shall owe in each annual period of the EA is the Baseline Fees, even if you do not consume some or all of the Initial Node Count. We will assess any additional Fees due for Node Growth on the annual EA anniversary following the deployment of such Node Growth and in each annual period thereafter, subject to Decommission.
  5. You may decommission a maximum of 10% of Node Growth during any annual period of the EA Term (“Decommission”), provided that the Fees shall not be adjusted for any such Decommission until the next annual EA Fees calculation.
  6. The following definitions apply to your EA Order:

Network Node” means any network instance under management as reported by the Controller. Each network node is a virtual cloud or physical instance where the Software is performing certain features and functionality, including: (a) a virtual cloud data center instance; (b) a remote office, data center or other site-to-cloud instance; and (c) a gateway (including a Cloud Provider’s gateway if applicable where the attachments to such gateway are also counted as network nodes) or other instance supporting your data traffic between Cloud Provider regions and/or between Cloud Providers.