Dell ProSupport Software Subscription & Support Service ...

1 dell ProSupport Software Subscription & Support Service Description dell ProSupport Software Support and Subscription dell 2012 v12 1. Your Relationship with dell This Service Description ( Service Description ) is entered among the customer ( you or Customer ) and the dell entity identified on Customer s invoice for the purchase of this Service (as defined below). This Service is subject to and governed by Customer s separate signed master services agreement with dell that explicitly authorizes the sale of ProSupport for Software or, in the absence of such agreement, dell s Commercial Terms of Sale ( CTS ) or local Customer Master services Agreement, depending on Customer location, which can be obtained at or your local website for customers outside of the United States and is incorporated by reference in its entirety herein.

2 This Agreement is entered into between you and dell for the provision of dell s ProSupport for Software maintenance Software updates and Support services on a Subscription basis (collectively, the services ). This Service is available for purchase for Software identified on the Table of Supported Software attached hereto; this list is updated regularly so please contact your dell sales representative for an up-to-date list. This Agreement covers the Software Support and/or Support update Subscription which is identified on your invoice, and commences on the date you place your order and continues through the Term of Service (defined below).

3 The number of systems and end users for which Customer has purchased any one or more services (defined below), the Subscription rate or price, and the applicable Term of Service for each is indicated on Customer s order form or other mutually-agreed upon form of invoice, order acknowledgment or purchase order (collectively, Order Form ). Purchases of services and related Subscription Software updates under this Agreement shall be solely for Customer s own internal use and not for resale or Service bureau purposes. 2. Term of Service The Term of Service begins on the purchase date and extends for the term indicated on the Order Form. The number of systems, units and end users, as applicable, for which Customer has purchased services is also indicated on the Order Form.

4 3. Transferability Customer may not transfer its services or any rights conferred to Customer by this Agreement to a third party. However, transfers among end users (within the same country) and systems within a Customer s own IT infrastructure are permitted. 4. Subscription Software Updates Customer s purchase of Software updates on a Subscription basis entitles Customer to any and all Software patches, updates and new version releases made available during the Term of Service . Subscription Software updates are available to Customers pursuant to the Table of Supported Software attached hereto. Support for Microsoft applications is governed by Microsoft s Support lifecycle policy, available at: New version re-leases for Microsoft applications are excluded from the scope of this Service and will be governed by the customer s separate license or maintenance agreement with Microsoft.

5 5. Methods of Contacting dell for Support services Methods of contacting dell for Support services are available at Telephone Support Requests: Available twenty-four (24) hours each day, seven (7) days each week (including holidays). Availability may differ outside of the United States and is limited to commercially reasonable efforts. Please contact your sales representative or technical Support analyst for details regarding your location. Call from a location which includes physical access to the supported Software . As applicable, provide the Service tag number of Customer s Software which was provided at the time of purchase, Software registration key and other information as requested by the technical Support analyst.

6 When requested, identify error messages received and when they occur; what activities preceded the error message; and what steps you have already taken to attempt to solve the problem. dell will work with your IT resources in collaboration with advanced Support services teams to diagnose and identify the Software issue. 6. Scope of Support services Features include: Application Validation Assistance (license key management issues) Configuration Support Re-installation Support How-to and best practices Support Basic and advanced Software troubleshooting Remote Assistance with deployment of patches and updates Software issue identification and escalation Support Excluded services : Onsite troubleshooting Deployment or Consulting services Manipulation of existing processes Troubleshooting code and/or processes not deployed by dell 7.

7 Customer Responsibilities- Data Backup Complete a backup of all existing data and programs on all affected systems prior to the delivery of this Service by dell . dell WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS or loss of use of system(s) arising out of this Service or related Support activities or any act or omission, including negligence, by dell or a third-party Service provider. 2 dell ProSupport Software Support and Subscription ` dell 2012 v12 8. Geographic limitations & relocation. This Service will be delivered to the site(s) indicated on the Customer s invoice. This Service is not available at all locations.

8 Service options, including Service levels, technical Support hours and onsite response times will vary by geography and certain options may not be available for purchase in Customer s location. dell s obligation to supply the services to relocated Supported Products is subject to local Service availability and may be subject to additional fees, and to inspection and recertification of the relocated Supported Products at dell s then current time and materials consulting rates. Customer will provide dell with sufficient and safe access to Customer s facilities at no cost to dell for dell to fulfill dell s obligations. BY PLACING YOUR ORDER FOR THE services , CLICKING/CHECKING THE I AGREE BUTTON/BOX ON THE Software INTERFACE OR BY UTILIZING THE services OR ASSOCIATED Software , YOU AGREE TO BE BOUND BY THIS AGREEMENT.

9 IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE YOU OR CUSTOMER SHALL REFER TO SUCH ENTITY. IF YOU DO NOT AGREE WITH THESE TERMS OF Service , CLICK THE CANCEL / BACK BUTTON AND DO NOT USE THE services OR Software . Table of Supported Software dell ProSupport Software Support and Subscription dell 2012 v12 Software Title Description on Customer Invoice Update URL or Instructions Software Support services Software Update Subscription dell Advanced Infrastructure Manager ProSupport for dell Advanced Infrastructure Manager dell Advanced Infrastructure Manager, Subscription dell Virtual Integrated System Self- Service Creator ProSupport for VIS Self- Service Creator for Servers ProSupport for VIS Self- Service Creator for Desktops VIS Self- Service Creator for Servers, Subscription VIS Self- Service Creator for Desktops.

10 Subscription dell Data Protection Encryption ProSupport for dell Data Protection Encryption A link to Subscription Software updates will be provided to Customers via email at the time of order placement. Symantec Enterprise Vault ProSupport for Symantec Enterprise Vault Software Subscription , Symantec Enterprise Vault A link to Subscription Software updates will be provided to Customers via email at the time of order placement. CommVault Simpana ProSupport for CommVault Simpana Software Subscription , CommVault Simpana Devon I/T VDI Blaster dell Edition ProSupport for VDI Blaster A link to Subscription Software updates will be provided to Customers via email at the time of order placement. ProSupport for Microsoft Applications ProSupport for Microsoft Exchange, per Server ProSupport for Microsoft SQL, per Server ProSupport for Microsoft SharePoint, per Server ProSupport for Microsoft Lync, per Server ProSupport for Microsoft Systems Center, per Server Not included Access to Subscription Software updates is excluded from the scope this Service Citrix VDI-in-a-Box ProSupport for dell Desktop Virtualization Solutions Simplified dell Desktop Virtualization Solutions Simplified Subscription Microsoft SQL Server 2012 Data Warehouse Appliance version ProSupport for Quickstart Data Warehouse Appliance 1000.