Dell SMA 200 Administration Manual page 505

the prices stated on the Maintenance renewal Quotation unless the renewal has been cancelled
by either party giving written notice, by email or otherwise, to the other at least sixty (60) days
prior to the first day of the applicable Renewal Maintenance Period. For purposes of this
Agreement, the Initial Maintenance Period and each Renewal Maintenance Period shall be
considered a "Maintenance Period." For the avoidance of doubt, this Agreement shall apply to
each Renewal Maintenance Period. Cancellation of Maintenance Services for perpetual licenses
for On-Premise Software will not terminate Customer's rights to continue to use the On-Premise
Software. Maintenance fees shall be due in advance of each Renewal Maintenance Period and
shall be subject to the payment requirements set forth in this Agreement. The procedure for
reinstating Maintenance Services for On-Premise Software after it has lapsed is posted at
https://support.software.dell.com/essentials/Reinstate-Maintenance-Services.
For SaaS Software, the Maintenance Period is equal to the duration of the applicable SaaS Term.
For non-perpetual Licenses for On-Premises Software or for non-perpetual MSP Licenses, the
Maintenance Period is equal to the duration of the License.
Maintenance Services for the SNWL Software and SNWL Appliances (collectively, "SNWL
Maintenance") are optional and purchased separately. If SNWL Maintenance is purchased
concurrently with the purchase of the SNWL Appliance, the Initial Maintenance Period for such
SNWL Maintenance begins on the date Customer registers the SNWL Appliance with Dell. If SNWL
Maintenance is purchased after the initial purchase of the SNWL Appliance, then the Initial
Maintenance Period for such SNWL Maintenance begins when Customer initiates SNWL
Maintenance in its MySonicWall account (as such account may be renamed by Dell in its sole
discretion).
12 Warranties and Remedies.
a Software Warranties. Dell warrants that, during the applicable Warranty Period (as defined in
subsection (c) below),
(i) the operation of the Software, as provided by Dell, will substantially conform to its
Documentation (the "Operational Warranty");
(ii) the Software, as provided by Dell, will not contain any viruses, worms, Trojan Horses,
or other malicious or destructive code designed by Dell to allow unauthorized intrusion
upon, disabling of, or erasure of the Software, except that the Software may contain a key
limiting its use to the scope of the License granted, and license keys issued by Dell for
temporary use are time-sensitive (the "Virus Warranty"):
(iii) the media provided by Dell, if any, on which the On-Premise Software is recorded will
be free from material defects in materials and workmanship under normal use (the
"Media Warranty"); and
(iv) it will make commercially reasonable efforts to make the SaaS Software available
twenty-four hours a day, seven days a week except for scheduled maintenance, the
installation of updates, those factors that are beyond the reasonable control of Dell,
Customer's failure to meet any minimum system requirements communicated to Customer
by Dell, and any breach of this Agreement by Customer that impacts the availability of the
SaaS Software (the "SaaS Availability Warranty").
b Appliance Warranties. Except for the PA Appliance and the SNWL Appliance, Appliances are
warranted in accordance with the warranty document delivered with the Appliance and/or
included on the hardware manufacturers' website. For the PA Appliance and the SNWL Appliance,
Dell warrants that, during the applicable Warranty Period, the PA Appliance and the SNWL
Appliance will operate in a manner which allows the PA Software and the SNWL Software,
respectively, to be used in substantial conformance with the Documentation (the "PA Appliance
Warranty" and "SNWL Appliance Warranty," respectively).
c Warranty Periods. The "Warranty Period" for each of the above warranties shall be as follows:
(i) for the Operational Warranty as it applies to On-Premise Software, the Virus Warranty and the
Media Warranty, thirty (30) days following the initial delivery of the Software following an
Approved Order; (ii) for the Operational Warranty as it applies to SaaS Software and the SaaS
Availability Warranty, the duration of the SaaS Term; (iii) for the PA Appliance Warranty, one (1)
year following the initial delivery of the PA Appliance following an Order; and (iv) for the SNWL
Appliance Warranty, one (1) year following the date the SNWL Appliance is registered with Dell by
Customer.
Dell SonicWALL Secure Mobile Access 8.5
Administration Guide
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