Dell SonicWALL Secure Mobile Access 8.5
Administration Guide
506
d
Remedies
. Any breach of the foregoing warranties must be reported by Customer to Dell during
the applicable Warranty Period. Customer’s sole and exclusive remedy and Dell’s sole obligation
for any such breach shall be as follows:
(i) For a breach of the
Operational Warranty
that impacts the use of On-Premise
Software, Dell shall correct or provide a workaround for reproducible errors in the
Software that caused the breach within a reasonable time considering the severity of the
error and its effect on Customer or, at Dell’s option, refund the license fees paid for the
nonconforming Software upon return of such Software to Dell and termination of the
related License(s) hereunder.
(ii) For a breach of the
Operational Warranty
that impacts the use of SaaS Software, Dell
shall correct or provide a workaround for reproducible errors in the Software that caused
the breach and provide a credit or refund of the fees allocable to the period during which
the Software was not operating in substantial conformance with the applicable
Documentation.
(iii) For a breach of the
Virus Warranty
, Dell shall replace the Software with a copy that is
in conformance with the Virus Warranty.
(iv) For a breach of the
Media Warranty
, Dell shall, at its expense, replace the defective
media.
(v) For a breach of the
SaaS Availability Warranty
, Dell shall provide a credit or refund of
the fees allocable to the period during which the Software was not available for use.
(vi) For a breach of the
PA Appliance Warranty or the SNWL Appliance Warranty
, Dell shall
fulfill its obligations under the applicable Appliance Replacement Program.
Additional Product-specific warranties and remedies may be stated in an Signed Order.
e
Warranty Exclusions
. The warranties set forth in this Section shall not apply to any non-
conformance (i) that Dell cannot recreate after exercising commercially reasonable efforts to
attempt to do so; (ii) caused by misuse of the applicable Product or by using the Product in a
manner that is inconsistent with this Agreement or the Documentation; or (iii) arising from the
modification of the Product by anyone other than Dell.
f
Third-Party Products
. Certain Software may contain features designed to interoperate with
third-party products. If the third-party product is no longer made available by the applicable
provider, Dell may discontinue the related product feature. Dell shall notify Customer of any such
discontinuation, however, Customer will not be entitled to any refund, credit or other
compensation as a result of the discontinuation.
g
Warranty Disclaimer.
THE EXPRESS WARRANTIES AND REMEDIES SET FORTH IN THIS SECTION OR IN
A SIGNED ORDER ARE THE ONLY WARRANTIES AND REMEDIES PROVIDED BY DELL HEREUNDER. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES OR REMEDIES ARE
EXCLUDED, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT,
SATISFACTORY QUALITY, AND ANY WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF
DEALING OR PERFORMANCE. DELL DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE
OPERATION OF THE PRODUCTS.
h
High-Risk Disclaimer.
CUSTOMER UNDERSTANDS AND AGREES THAT THE PRODUCTS ARE NOT
FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY HIGH-RISK OR
HAZARDOUS ENVIRONMENT, INCLUDING WITHOUT LIMITATION, THE OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, LIFE SUPPORT MACHINES, WEAPONS
SYSTEMS, OR ANY OTHER APPLICATION WHERE THE FAILURE OR MALFUNCTION OF ANY PRODUCT
CAN REASONABLY BE EXPECTED TO RESULT IN DEATH, PERSONAL INJURY, SEVERE PROPERTY
DAMAGE OR SEVERE ENVIRONMENTAL HARM (A
“HIGH RISK ENVIRONMENT”
). ACCORDINGLY, (I)
CUSTOMER SHOULD NOT USE THE PRODUCTS IN A HIGH RISK ENVIRONMENT, (II) ANY USE OF THE
PRODUCTS BY CUSTOMER IN A HIGH RISK ENVIRONMENT IS AT CUSTOMER’S OWN RISK, (III) D
ELL,
ITS AFFILIATES AND SUPPLIERS SHALL NOT BE LIABLE TO CUSTOMER IN ANY WAY FOR USE OF THE
PRODUCTS IN A HIGH RISK ENVIRONMENT, AND (IV)
DELL MAKES NO WARRANTIES OR ASSURANCES,
EXPRESS OR IMPLIED, REGARDING USE OF THE PRODUCTS IN A HIGH RISK ENVIRONMENT.
