Dell SMA 200 Administration Manual page 504

portion or direct product of the foregoing in violation of the Export Controls. Customer is solely
responsible for obtaining all necessary licenses or authorizations relating to the export, re-export, sale,
lease or transfer of the Products and for ensuring compliance with the requirements of such licenses or
authorizations. Customer hereby (i) represents that Customer is not an entity or person to which
shipment of Products, or provision of Maintenance Services, is prohibited by the Export Controls; and (ii)
agrees that it shall not export, re-export or otherwise transfer the Products to (a) any country subject to
a United States trade embargo, (b) a national or resident of any country subject to a United States trade
embargo, (c) any person or entity to which shipment of Products is prohibited by the Export Controls, or
(d) anyone who is engaged in activities related to the design, development, production, or use of nuclear
materials, nuclear facilities, nuclear weapons, missiles or chemical or biological weapons. Customer
shall, at its expense, defend Dell and its Affiliates from any third-party claim or action arising out of any
inaccurate representation made by Customer regarding the existence of an export license, Customer's
failure to provide information to Dell to obtain an export license or any allegation made against Dell due
to Customer's violation or alleged violation of the Export Controls (an "Export Claim") and shall pay any
judgments or settlements reached in connection with the Export Claim as well as Dell's costs of
responding to the Export Claim.
11 Maintenance Services.
a Description. Except as otherwise stated in an Order or an amendment to this Agreement, during
any Maintenance Period and for the applicable fees, Dell shall:
(i) Make available to Customer new versions and releases of the Software, including
Software corrections, enhancements and upgrades, if and when Dell makes them generally
available without charge as part of Maintenance Services.
(ii) Respond to communications from Customer that report Software failures not
previously reported to Dell by Customer. Nothing in the foregoing shall operate to limit or
restrict follow up communication by Customer regarding Software failures.
(iii) Respond to requests from Customer's technical coordinators for assistance with the
operational/technical aspects of the Software unrelated to a Software failure. Dell shall
have the right to limit such responses if Dell reasonably determines that the volume of
such non-error related requests for assistance is excessive or overly repetitive in nature.
(iv) Provide access to Dell's software support web site at
http://software.dell.com/support/
(v) For Customers that have purchased a License to use Software in the "Privileged
Account" family of products ("PA Software") and have purchased Maintenance Services
for the PA Software continuously since the purchase of such License, provide the
Privileged Account Appliance Replacement Program (as described in the Product Guide)
for the Appliance on which the PA Software is delivered (the "PA Appliance").
(vi) For Customers that have purchased a License to use Software in the "SonicWALL"
family of products ("SNWL Software") and have purchased Maintenance Services for the
SNWL Software continuously since the purchase of such License, provide the SonicWALL
Appliance Replacement Program (as described in the Product Guide) for the Appliance
on which the SNWL Software is delivered (the "SNWL Appliance").
Maintenance Services are available during regional business support hours ("Business
Hours") as indicated on the Support Site, unless Customer has purchased 24x7 Support.
The list of Software for which 24x7 Support is available and/or required is listed in the
Global Support Guide on the Support Site.
The Maintenance Services for Software that Dell has obtained through an acquisition or
merger may, for a period of time following the effective date of the acquisition or merger,
be governed by terms other than those in this Section. The applicable different terms, if
any, shall be stated on the Support Site.
b Maintenance Period. Except as otherwise stated below, for On-Premise Software, the first period
for which Customer is entitled to receive Maintenance Services begins on the date of the initial
delivery of the Software following an Order and ends twelve (12) months thereafter unless
otherwise set forth in the applicable Order (the "Initial Maintenance Period"). Following the
Initial Maintenance Period, Maintenance Services for On-Premise Software shall automatically
renew for additional terms of twelve (12) months (each, a "Renewal Maintenance Period") at
(the "Support Site").
Dell SonicWALL Secure Mobile Access 8.5
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Administration Guide