Support Services License Agreement Definitions

The following information outlines SonicWALL’s Services Licensing Agreement for support on certain Internet security appliances, firmware and software.

SUPPORT SERVICES LICENSING AGREEMENT

THE FOLLOWING ARE THE TERMS AND CONDITIONS UNDER WHICH SONICWALL, INC. (“SONICWALL”) AGREES TO PROVIDE SUPPORT TO YOU, (“CUSTOMER”) FOR CERTAIN INTERNET SECURITY APPLIANCES, FIRMWARE AND SOFTWARE.

Definitions

For the purposes of this Agreement, the following definitions shall apply:

“Customer Support Center” or “CSC” means a SonicWALL-authorized location where service requests are routed for telephone or electronic mail technical support and problem resolution.

“Support Engineer” means a SonicWALL-authorized technician who provides support services under this Agreement.

“Effective Date” means the date of purchase of the Support Services.

“Local Time” means the local time at the facility where the Product is registered.

“Principal Period of Maintenance” or “PPM” means the Local Time hours of coverage specified on the Service Product Description.

“Product” means the SonicWALL network security, email security, secure remote access or backup and recovery appliance, associated firmware, software and security services.

“Resolution” means that SonicWALL has provided the Customer with a workable solution for the problem or question submitted.

“Term” means the length of the support agreement.

“Territory” means the location or locations in which Products are registered.

“Third-party Product” means a hardware device or software product produced by a company other than SonicWALL.

"Updates" means new releases of the software or firmware supported under the terms of this Agreement.

Terms of Service

Territory
The agreement covers the SonicWALL products described in the applicable product invoice or product documentation.

Term
The agreement is valid for the term described in the applicable product invoice or product documentation.

Deliverables

Principal Period of Maintenance
Support is provided during the hours described in the applicable Service Product Description, product invoice or product documentation.

Telephone and Web-Based Support
SonicWALL provides technical assistance during coverage hours by telephone or through Web-based support tools. A SonicWALL technical specialist will work with a Customer Representative remotely to diagnose and identify software and hardware not performing to documented specifications. Support also includes general assistance regarding use on a limited basis.  Web-based support includes interactive communication with a SonicWALL Support Engineer. SonicWALL also provides general assistance regarding use and documentation on a limited basis. Please note: Support in the Americas and Asia Pacific is provided in English only.  In EMEA, support is provided in English, French, German, Italian and Spanish. In Japan, support is provided in Japanese.

Hardware Service
These services include the repair or replacement of failing hardware returned to SonicWALL’s factory. The replacement product may be new, or like-new. In the event of product obsolescence, SonicWALL reserves the right to replace failing product with a product of like or better features and functionality.

Upon diagnosis of a hardware failure, SonicWALL’s Support Engineer will issue the Customer Representative with an RMA number and provide him/her with instructions for returning the failed hardware to SonicWALL. SonicWALL will ship a replacement unit to Customer. Customer is responsible for returning the failed unit to SonicWALL within 30 days or Customer will be charged the full retail price of the product.

Replacement units will be shipped from SonicWALL’s facilities in Fremont, California or from Venlo in the Netherlands for units registered in EMEA.
 
SonicWALL will not accept failed units without a valid RMA number.

Software/Firmware Support
SonicWALL will log, track, prioritize and resolve software, firmware and/or documentation bug reports and enhancement requests for software/firmware support under this agreement.

Security Services Support
SonicWALL will provide telephone and Web-based support for appliances based upon the contracted principal period of support. Support for subscription services, such as Gateway Anti-Virus, Anti-Spyware and Intrusion Prevention and Content Filtering, are provided for the length of the subscription services contract for that service. Subscription services support does not include issues related to the operation of the appliance, firmware or software updates/upgrades or hardware replacement.

Enhanced Escalation
This agreement includes priority escalation based on problem severity.

SonicWALL uses the following priority levels to determine escalation planning:

Priority 1
The customer’s production network is down, causing critical impact to business operations if service is not restored quickly. No work around is available.
Response Time: 0-4 hours

Priority 2
The customer’s production network is severely degraded, impacting significant aspects of business operations. No work around is available.
Response Time: 4-8 hours

Priority 3
The customer’s network performance is degraded. Network functionality is noticeably impaired, but most business operations continue.
Response Time: 24-48 hours

Priority 4
The customer requires information regarding product capabilities, installation or basic configuration.
Response Time: 48+ hours

Software/Firmware Updates
All software and firmware maintenance releases and updates are included in this agreement. SonicWALL will notify Customer via electronic mail of new updates. The updates will be delivered exclusively via the Web.

Support Tools
This agreement includes unlimited access to SonicWALL’s Web-based support tools, including FAQs, documentation and Knowledgebase systems.

Customer Responsibilities for Support Services

It is the Customer’s responsibility to:

Provide complete information to and cooperate with the Support Engineer in resolving the problem Customer is experiencing. Information required by the Support Engineer may include, but not be limited to, the type of hardware you are using, the complete text of error messages and description of the problem for which you seek support and additional software or hardware you are using that falls outside the scope of coverage of this Agreement. Customer understands and agrees that the completeness and accuracy of the information provided to SonicWALL may affect SonicWALL’s ability to assist you.

Cooperate with the Support Engineer to resolve the problem you are experiencing. Among other things, the Support Engineer may require that you reload firmware or configuration information in order to diagnose problems.

Maintain the equipment in a location that conforms to the environmental conditions required of the SonicWALL product.

Exclusions and Limitations

This Service Agreement is valid during the Term and in the Territory only.

Support Services are strictly limited to telephone and electronic support only. Customer acknowledges and understands that no software is perfect or error-free and that, despite its commercially reasonable efforts, SonicWALL may be unable to provide answers to or resolve some or all requests for software support. SonicWALL makes no promises, guarantees or assurances of any kind that it will be able to provide resolution to problems that you report. Support Services will be provided only on the official current release, and the most recent prior release, of the firmware or software.

SonicWALL support contracts and warranty support do not include the following:

    * Step-by-step installation or configuration of SonicWALL or third-party products or services
    * Step-by-step assistance with configuration migrations, product upgrades or general solution provider services
    * General network maintenance
    * On-site or Professional Services
    * Modification of firmware, hardware, products or services

If a Customer needs installation or configuration assistance, SonicWALL will refer the Customer to a certified value-added reseller or offer one of SonicWALL’s Professional Services

Installation, deinstallation, configuration or relocation services are not covered by this Agreement. SonicWALL is not obligated under this Agreement to repair or replace
(i) Product that has been Damaged by abuse, accident, act of God, external causes, misuse, misapplication, improper installation or shipment or the like; or
(ii) Product that has been modified or on which the serial number has been removed or altered.

SonicWALL is not obligated to repair or replace product damaged by accident, catastrophe, neglect, theft, misuse, transportation, modification, unauthorized maintenance, or damage from faulty external factors (e.g. electrical power, temperature or humidity).

Warranty Disclaimer

IN CONNECTION WITH THIS AGREEMENT, SERVICES RENDERED HEREUNDER AND PARTS SUPPLIED PURSUANT HERETO, SONICWALL MAKES NO WARRANTY, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. SONICWALL’S SOLE OBLIGAITON AND CUSTOMER’S SOLE REMEDY SHALL BE LIMITED TO SONICWALL’S REASONABLE COMMERCIAL EFFORTS TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT.

ANY SOFTWARE FURNISHED TO YOU HEREUNDER ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT.

Limitation of Liability

SONICWALL’S LIABILITY IN CONNECTION WITH THIS AGREEMENT, RENDERED HEREUNDER WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO A REFUND OF THE PRO RATA CHARGES PAID FOR THE SPECIFIC SUPPORT SERVICES INVOLVED IN THE CLAIM, OR $1000, WHICHEVER IS LESS. SONICWALL SHALL NOT BE LIABLE TO CUSTOMER NOR TO ANY THIRD PARTY FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, USE, DATA, SOFTWARE, GOODWILL OR PROPERTY DAMAGE), WHETHER FORESEEABLE OR NOT, EVEN IF SONICWALL HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, ACCEPTANCE, PERFORMANCE, POSSESSION, OPERATION OR USE OF THE PRODUCT, HARDWARE, SOFTWARE OR SERVICES FURNISHED HEREUNDER.

General Provisions

 (a) Force Majeure. SonicWALL shall not be liable for its failure to perform its obligations under this Agreement for causes beyond its reasonable control.
 
 (b) Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, excluding its choice of law rules. In the event that any dispute or controversy between the parties arises out of or is related to this Agreement, and/or the performance or termination thereof, such dispute or controversy shall be subject to the exclusive jurisdiction of the California state courts in and for Santa Clara County, California (or, if there is federal jurisdiction, the U.S. District Court for the Northern District of California) and the prevailing party shall recover all of its costs, including reasonable attorneys’ fees.

 (c) Transferability. Customer may not assign this Agreement without written consent from SonicWALL and any attempted assignment without SonicWALL’s consent shall be null and void. SonicWALL may assign its right and obligations under this Agreement to a third party.
 
 (d) Complete Agreement; Amendments. This Agreement is the complete and exclusive agreement between Customer and SonicWALL regarding Support Services of your Product(s) and supersedes all proposals, oral or written, all negotiations, conversations or discussions between the parties relating to this Agreement or industry custom.

 (e) Unenforceable Provisions. If any term of this Agreement is found to be illegal or unenforceable, the remaining portions of this Agreement shall remain in effect.

Compliance with Export Control Laws and Regulations. The Products, the Operating System, the Software Services and the Hardware Services are subject to the export regulations of the United States, including but not limited to regulation under the U.S. Export Administration Regulations. Customer agrees that you will not directly or indirectly export, re-export, transfer or disclose any Product except in strict compliance with applicable U.S. laws and regulations.