Dell SMA 200 Administration Manual page 501

be binding on Dell unless Dell accepts such terms in writing. Each Order shall be subject to
approval by Dell and shall represent the Customer's irrevocable commitment to purchase and pay
for the Products and/or Maintenance Services stated in the Order.
i "Partner" means a reseller or distributor that is under contract with Dell or another Partner and
is authorized through such contract to resell the Products and/or Maintenance Services.
j "Product Guide" means the document located at
http://software.dell.com/docs/Product_Guide.pdf
k "Product Terms" means the terms associated with each License Type and any other terms
associated with an individual Product. The Product Terms for Products in a Signed Order shall be
as stated in the Signed Order. If no Product Terms are stated in the Signed Order, if the Order is
placed with a Customer purchase order only, if the Order is placed through the eStore, or if the
Order is placed through a Partner, then the Product Terms for such Products shall be as stated in
the Product Guide as of the date of the Order.
l "Products" means the Software and Appliance(s) provided to Customer under this Agreement.
m "Software" means the object code version of the software that is provided or made available to
Customer pursuant to an Order as well as any corrections, enhancements, and upgrades to such
software that are made available to Customer pursuant to this Agreement, and all copies of the
foregoing. Software includes On-Premise Software and SaaS Software (as defined in the Software
License Section), along with software that is delivered on an Appliance.
2 Software License.
a General. Subject to the terms of this Agreement, Dell grants to Customer, and Customer accepts
from Dell, a non-exclusive, non-transferable (except as otherwise set forth herein) and non-
sublicensable license to access and use the quantities of each item of Software identified in the
applicable Order within the parameters of the Product Terms associated with the applicable
Software and License Type (the "License"). Except for MSP Licenses (as defined in the sections
that follow), Customer shall only use the Software to support the internal business operations of
itself and its worldwide Affiliates.
b On-Premise Software. If Software is delivered to Customer for Customer's installation and use on
its own equipment ("On-Premise Software"), the License shall be perpetual (unless otherwise
stated on the Order) and shall also include the right to (i) make a reasonable number of
additional copies of the On-Premise Software to be used solely for non-productive archival or
passive disaster recovery purposes, provided such copies are kept in a secure location and are not
used for production purposes unless the primary copy of the On-Premise Software is not being
used for production purposes, and (ii) make and use copies of the Documentation as reasonably
necessary to support Customer's authorized users in their use of the On-Premise Software. Each
License for On-Premise Software shall only be used by Customer in the country in which the On-
Premise Software is initially delivered to Customer.
c Software as a Service. If an Order provides Customer with a right to access and use Software
installed on equipment operated by Dell or its suppliers ("SaaS Software"), (i) the License for
such SaaS Software shall be granted for the duration of the term stated in the Order (the "SaaS
Term"), as such SaaS Term may be extended by automatic or agreed upon renewals, and (ii) the
terms set forth in the SaaS Provisions Section of this Agreement shall apply to all use of such
Software. If any On-Premise Software is provided in connection with SaaS Software, the License
duration for such On-Premise Software shall be for the corresponding SaaS Term, and Customer
shall promptly install any updates to the On-Premise Software provided by Dell.
d MSP License. If an Order indicates that Software is to be used by Customer as a managed service
provider, Customer shall be granted a License to use such Software and the associated
Documentation to provide Management Services (an "MSP License"). "Management Services"
include, without limitation, application, operating system, and database implementation,
performance tuning, and maintenance services provided by Customer to its customers (each, a
"Client"). Each MSP License is governed by the terms of this Agreement and the MSP terms in the
Product Guide.
If an Order for an MSP License expressly permits Customer to install copies of the Software on its
Clients' equipment or to provide its Clients access to the Software, then Customer shall ensure
that (i) each Client only uses the Software and Documentation as part of the Management
that contains the Product Terms.
Dell SonicWALL Secure Mobile Access 8.5
Administration Guide
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