Google Maps Engine Service Level Agreement

Google Maps Engine SLA. During the Term of the applicable Google Maps Engine Agreement (the "Agreement"), the Google Maps Engine Services will be operational and available to Customer at least 99.9% of the time in any calendar month (the "Google Maps Engine SLA"). If Google does not meet the Google Maps Engine SLA, and if Customer meets its obligations under this Google Maps Engine SLA, Customer will be eligible to receive the Service Credits described below. This Google Maps Engine SLA states Customer's sole and exclusive remedy for any failure by Google to meet the Google Maps Engine SLA.

Definitions.

The following definitions shall apply to the Google Maps Engine SLA. Terms used here but not defined here are defined in the Agreement.

"Downtime" means when a Google Maps Engine Service is inaccessible. Downtime is measured based on server side error rate for valid queries. Scheduled Downtime is not considered Downtime for purposes of this Google Maps Engine SLA, and will not be counted towards any Downtime Periods.

"Downtime Period"means, for a Google Maps Engine Services, a period of ten consecutive minutes of Downtime. Intermittent Downtime for a period of less than ten minutes will not be counted towards any Downtime Periods.

"Monthly Uptime Percentage" means total number of minutes in a calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in a calendar month, divided by the total number of minutes in a calendar month.

"Scheduled Downtime" means those times where Google notifies Customer of periods of Downtime at least five days prior to the commencement of such Downtime. There will be no more than twelve hours of Scheduled Downtime per calendar year..

"Google Maps Engine Service" means the Google Maps Engine service provided by Google to Customer under the Agreement. Experimental features of the Google Maps Engine Service are not covered by these terms.

"Service Credit" means the following:

Monthly Uptime Percentage Days of Service added to the end of the Service term, at no charge to Customer
< 99.9% 3

Conditions applicable to the receipt of Service Credits:

Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify Google within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer's right to receive a Service Credit.

Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by Google to Customer for any and all Downtime Periods that occur in a single calendar month shall not exceed three days of Service added to the end of Customer's term for the Service. Service Credits may not be exchanged for, or converted to, monetary amounts.

Google Maps Engine SLA Exclusions. The Google Maps Engine SLA does not apply to any services that expressly exclude this Google Maps Engine SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors described in the "Force Majeure" section of the Agreement; or (ii) that resulted from Customer's equipment or third party equipment, or both (not within the primary control of Google).