SonicWall Support Services

Terms & Conditions:

SonicWall SUPPORT SERVICES GENERAL TERMS AND CONDITIONS:

THE FOLLOWING ARE THE TERMS AND CONDITIONS UNDER WHICH SonicWall, INC. (“SonicWall”) PROVIDES SUPPORT SERVICES TO YOU (THE CUSTOMER WHO PURCHASED/RECEIVES THE SUPPORT SERVICES) FOR SonicWall PRODUCTS. BY PURCHASING AND/OR RECEIVING SonicWall SUPPORT SERVICES YOU ACCEPT THESE TERMS AND CONDITIONS.

1. SonicWall Product Registration and Active Support Contract Required

Products for which support is requested must be registered with SonicWall and covered by an active SonicWall support contract. If your support contract is expired, please contact us today to reinstate support. If you do not have an active support contract, you should contact us now for assistance in purchasing a new support contract.

2. Contacting SonicWall to Open a Support Case

SonicWall can be contacted to open a support case by any of the methods set forth on the Contact Support page or through your MySonicWall.com account.

You will need the following information in order to create a support case:

• The serial number of the appliance or software solution
• Your first and last name
• Your email address
• Your telephone number
• A description of the problem
• The severity of the problem

3. Advance Exchange

SonicWall Hardware Product(s) that are covered under an active support contract are eligible for “Advance Exchange.” When a support case is called in for a Hardware issue and the SonicWall representative determines a replacement part is necessary, an advance shipment of the applicable replacement part will be sent to the Customer in exchange for the defective part, before the defective part is returned (“Advance Exchange”). Customer shall be responsible for returning defective parts in accordance with the RMA Policy described in Section 4 below. If an acceptable return part is not received by SonicWall within thirty (30) calendar days of the Return Material Authorization (“RMA”) number being provided, plus reasonable shipping time, an invoice for the replacement part(s) will be mailed to Customer. Customer agrees to pay any such invoice(s) Net 30 days date of invoice. SonicWall will automatically transfer the registration information and any subscription services Product on the defective part to the replacement unit. The replacement unit will include instructions for returning the defective part to SonicWall which Customer must comply with to avoid being billed for the replacement part.

4. RMA Policy

When the SonicWall representative determines you require a replacement part under a support contract, and you are required to return the defective part, you will be provided with an RMA number for your reference and which needs to be provided with the part being returned. SonicWall will pay the return shipping if the return is made in accordance with SonicWall’s return shipping instructions. The replacement unit will include instructions for returning the defective part to SonicWall which Customer must comply with to avoid being billed for the replacement part. SonicWall reserves the right to invoice Customer for returned parts that show evidence of having been subjected to misuse and Customer agrees to pay such invoices. Customer is responsible for permanently deleting any and all of its data on the returned parts prior to the parts being shipped back to SonicWall. SonicWall shall neither be liable nor responsible for any data Customer leaves on the returned parts.

For most geographic locations, the replacement unit shipment will be sent next-business day airfreight depending upon when the order is processed. Next business-day shipping is not available for all locations - please check with us or SonicWall for determining whether next-business day shipping is available for your location. Shipment of replacement parts for Advance Replacement are routinely filled on the day that they are received if the RMA is processed before 12:00 PM Pacific Time (3:00 PM GMT in Europe). If processed later, it will be sent out the next day. You may be asked to provide a credit card number or billing authorization to secure the return of the defective part to SonicWall. In Europe, an RMA Purchase Order Fax form can be used instead of a credit card.

5. Use of Refurbished Material

SonicWall reserves the right to use, at its discretion, refurbished material in providing replacement parts under terms of the hardware-related services. Such replacement parts shall function in an equivalent manner to, or better than, the original parts which they are intended replace.

6. Software and Firmware Updates and Version Maintenance

Customer shall be responsible for maintaining software and firmware versions on its SonicWall Product(s), via download from the SonicWall Support web site (http://www.MySonicWall.com), to levels consistent with the minimum supported versions. As standard policy, SonicWall’s support obligation extends only to the two most recent point releases of the then shipping software/firmware version, and the two most recent point releases of the major release immediately preceding such software/firmware version, inclusive of all drivers and firmware associated with these major/point release combinations. Major releases are signified by the integer preceding the first delimiter in the software/firmware version string, while the point release is indicated by the integer immediately following the first delimiter in the software/firmware version string (e.g. for the software/firmware version designated 3.04.02, the major release is 3, and the point release is 4). As an example, if the last, officially released, software/firmware version in the 2.0 branch - prior to moving to the 3.0 branch - was 2.12.06, and the currently shipping software/firmware version is 3.04.02, SonicWall’s support obligation would extend only to software/firmware versions 3.04.xx, 3.03.xx, 2.12.xx and 2.11.xx. Failure to maintain SonicWall Product software and firmware to these supported levels without the express authorization of SonicWall will relieve SonicWall of any obligation to resolve Customer technical issues and provide support.

If you receive any software or firmware updates or upgrades, you must be under an active support contract for the Product identified by SonicWall as being eligible for the update/upgrade in order to install and use the software or firmware update/upgrade - and you may use the software or firmware update only on those Products for which you purchased support (e.g., if you have only one unit under an active support contract, you may not may not install software/firmware provided under such support contract on units that are not covered under support). A software or firmware update/upgrade replaces and/or supplements the Product that formed the basis for your eligibility for the update/upgrade, and does not provide you an additional license (copy) of the software or firmware to use separately from the Product to be updated/upgraded under the support contract.

7. Field Hardware Retrofits, Upgrades and Recalls

In the event that SonicWall deems it necessary to perform field retrofits, upgrades or recalls due to critical functionality, reliability or product safety issues, Customer will make commercially reasonable efforts to comply with such requests in a timely manner, and make available for service or return all affected SonicWall Product(s).

8. Support Reinstatement

SonicWall requires continuous coverage for support agreements. Products with an expired support contract are considered to be “out of support compliance.” Support Services Reinstatement provides a one-time updating, offering the opportunity to bring these Products back into compliance and up to date as of the date of the Support Services Reinstatement. Included in SonicWall Support Services Reinstatement is a single firmware update, allowing you access to the most current firmware version available on MySonicWall.com.

Customers with Products that have an expired support contract who purchase SonicWall Support Services Reinstatement and a new one-, two- or three-year support contract receive a full 12/24/36 months of support from the date of Support Services Reinstatement.

9. Targeted Service Levels

When a service request is created by the SonicWall Technical Assistance Center (TAC), a priority is assigned to the service request based on the problem type. Priorities and corresponding response targets are defined as follows:

Priority Level	Description	Targeted Response Time
P1	Customer’s production network is down, causing critical impact to business operations if service is not restored quickly. No work around is available.	0 - 4 hours
P2	Customer’s production network is severely degraded, impacting significant aspects of business operations. No work around is available.	4 - 8 hours
P3	Customer’s network performance is degraded. Network functionality is noticeably impaired, but most business operations continue.	24 - 48 hours
P4	Customer requests information regarding product capabilities, installation or basic configuration.	48 hours

10. Support Services Exclusions

SonicWall's Support Services Offerings do not create, nor do SonicWall’s prices include, any obligation, express or implied, to provide maintenance or support involving the repair or diagnosis of damage, malfunctions or product failures caused by: (a) any third party; (b) accident, misuse or abuse; (c) alteration of SonicWall Product(s) (including modification of SonicWall Software or Hardware) by anyone other than SonicWall or a SonicWall-authorised service provider; (d) Third Party Components sold by SonicWall or SonicGuard.co.uk that are not explicitly covered by a SonicWall Product warranty and/or SonicWall Support Services, as specified in the applicable documentation; (e) products not sold by SonicWall that are attached to or used with SonicWall’s Products, even if said non-SonicWall or non-authorised products were sold by one of SonicWall’s authorised resellers; (f) the Customer’s failure to provide a proper environment for the SonicWall Product(s) (within the range of tolerances listed in the applicable SonicWall site planning and installation guides); (g) damage during transit (other than shipment from SonicWall to Customer); (h) power surge or failure; (i) acts of God such as fire, storm, flood, or earthquake, government acts, labor strikes, acts of terrorism and riots or acts outside of SonicWall’s control; or (j) any other condition not arising under normal operating conditions.

Support Services Offerings further 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, please contact us.

11. Warranty and Warranty Disclaimer

EXCEPT FOR THE EXPRESS WARRANTIES, IF ANY, PROVIDED WITH THE PRODUCT FOR WHICH YOU PURCHASED SUPPORT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SonicWall HEREBY DISCLAIMS ON BEHALF OF ITSELF, ITS SUPPLIERS, DISTRIBUTORS AND RESELLERS ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, APPLICABLE TO THE PRODUCTS, SERVICES AND/OR THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

12. Limitation Of Liability

NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SonicWall, ITS SUPPLIERS, DISTRIBUTORS OR RESELLERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST OR CORRUPTED DATA, LOST PROFITS OR SAVINGS, LOSS OF BUSINESS OR OTHER ECONOMIC LOSS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PRODUCTS OR THE SERVICES, WHETHER OR NOT BASED ON TORT, CONTRACT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SonicWall HAS BEEN ADVISED OR KNEW OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SonicWall'S MAXIMUM LIABILITY TO CUSTOMER ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS RECEIVED BY SonicWall FOR THE PRODUCTS AND THE SERVICES PURCHASED BY CUSTOMER, PROVIDED THAT WHERE ANY CLAIM AGAINST SonicWall RELATES TO PARTICULAR PRODUCTS AND/OR SERVICES, SonicWall'S MAXIMUM LIABILITY SHALL BE LIMITED TO THE AGGREGATE AMOUNT RECEIVED BY SonicWall IN RESPECT OF THE PRODUCTS AND/OR SERVICES PURCHASED BY CUSTOMER AFFECTED BY THE MATTER GIVING RISE TO THE CLAIM. (FOR SUPPORT SERVICES OR A PRODUCT SUBJECT TO RECURRING FEES, THE LIABILITY SHALL NOT EXCEED THE AMOUNT RECEIVED BY SonicWall FOR SUCH SUPPORT SERVICE OR PRODUCT PURCHASED BY CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM).

13. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws principles that would require the application of laws of a different state. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this Agreement, regardless of the states in which the parties do business or are incorporated. Any action seeking enforcement of this Agreement or any provision hereof shall be brought exclusively in the state or federal courts located in the County of Santa Clara, State of California, United States of America. Each party hereby agrees to submit to the jurisdiction of such courts. Notwithstanding the foregoing, SonicWall is entitled to seek immediate injunctive relief in any jurisdiction to protect its intellectual property.

14. Part of SonicWall Agreement - Change of Terms

The SonicWall Support Services Offerings, and these Services General Terms and Conditions, are part of the SonicWall End User Product Agreements ("Product Agreements") covering the Product(s) purchased by Customer, and unless otherwise expressly specified in writing by SonicWall, these terms and conditions are incorporated by reference within such Agreement. SonicWall reserves the right to change the terms of these Services General Terms and Conditions and the Support Services Offerings from time to time by posting a new/different Services General Terms and Conditions and Support Services Offerings on its web site (sonicwall.com); provided that the terms and conditions of the Services General Terms and Conditions and Support Services Offerings in effect as of the date of Support Services sales order booking by SonicWall shall apply to that specific sales order.

Warranty Information:

SonicWall LIMITED WARRANTY INFORMATION

Most SonicWall products come with a limited warranty.The limited warranty, if any, is set forth in the SonicWall End User Product Agreement (or software license) that accompanies the product for the agreement that applies to most SonicWall products). The limited warranty is made only to the original end user purchaser (Customer). Set forth below is additional warranty information applicable to the products that come with a limited warranty.

1. Limited Software Warranty:

Provides Customer with bug fixes, updates and any maintenance releases that occur during the coverage term. NOTE: The standard Limited Software Warranty does NOT entitle Customer to software upgrades or major releases which may include feature enhancements and/or additional functionality unless these extended capabilities are incorporated into a maintenance release specifically compiled for the code version originally shipped to/or downloaded by Customer.

• Coverage Starts: Date of Product registration (but in no event later than seven (7) days after date of initial purchase/download)
• Coverage Term: 90 days
• Update Notification: SonicWall Support web site
• Update Method: Download

2. Limited Hardware Warranty:

Provides Customer with delivery of critical replacement parts for defective parts under warranty. Replacement parts will be provided consistent with Section 3, ADVANCE EXCHANGE AND PARTS RETURN in the Support Services General Terms and Conditions, (“Advance Exchange”). For purposes of clarity, Customer is responsible for returning the defective part(s) in accordance with Advance Exchange, or Customer will be required to pay for the part.

• Coverage Starts: Date of Product registration (but in no event later than seven (7) days after date of initial purchase)
• Coverage Term: One (1) year
• Parts Delivery SLC: Where available by SonicWall (and depending upon when issue reported), next day delivery advance replacement

3. No Technical Support:

SonicWall Limited Warranties do not include technical support. However, certain SonicWall products may come bundled with support for a limited period. See the Support Services Offerings for support services that may be purchased by Customer.

4. To Make A Warranty Claim:

Contact SonicWall as described in “Contacting SonicWall for Support and Warranty Service.” Note that you may be required to provide proof of date of purchase for warranty service eligibility.