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HARDWARE SUPPORT TERMS
These Hardware Support and Maintenance Terms apply to Brocade Hardware Products and govern your purchase and use of Brocade’s Support.
Recertification of Hardware. You may request a Support Plan for Hardware previously supported by a provider other than Brocade, for which the Brocade warranty has lapsed, or for which the prior Support Plan has lapsed. As a condition to the sale of the new Support Plan Brocade may require that the Hardware to be recertified and require you to pay a fee for recertification services. If Brocade determines that the Hardware is not supportable, or if you fail to implement any required corrective actions identified by Brocade as part of the recertification process, then Brocade may decline to recertify the Hardware. Fees for the recertification services are due regardless of whether the Hardware is recertified, and are not refundable. However, if Brocade does not recertify the Hardware it will refund any Support Plan fees that you may have paid in anticipation of a successful recertification. The term of the Support Plan for re-certified Hardware begins on the date the Hardware is recertified. If would like to use support services for the Hardware before the recertification is complete, Brocade may provide the support for an additional fee pursuant to Brocade’s Services Terms, or may delay providing Support until the recertification is completed.
Replaced Items. If Hardware needs to be replaced, any Hardware or Hardware part that Brocade replaces will become Brocade's property, and the replacement item that Brocade provides to you will become your property. The replacement items may not be new, but will be functionally equivalent to the item replaced. Before Brocade exchanges any Hardware, you must remove all features, parts, options, alterations, encumbrances, attachments, and anything not provided by Brocade. You must also ensure that the Hardware or items is free of any legal obligations, encumbrances, or restrictions that could prevent its exchange. Brocade takes no responsibility for anything that remains on Hardware or items returned to Brocade.
Secure Service. You may purchase Brocade’s Secure Service offer as an add-on to any existing Hardware Support Plan. Brocade’s Secure Service allows you to receive replacement products without requiring the return of the defective product. You are responsible for destroying the existing Hardware and providing proof of destruction documentation. Secure Service is not available on products covered by a Return to Factory SLA.
Remote Access. For Products designated by Brocade, you must provision remote access via the method required by Brocade, to enable remote diagnostics, troubleshooting and software Upgrades.
Support Exclusions. Brocade is not obligated to provide Support for Hardware that would otherwise be covered by a Support Plan if the Hardware has been damaged by misuse, accident, improper installation, misapplication, modification, unsuitable physical or operating environment, abnormal physical or electrical stress, improper maintenance (unless by Brocade), removal or alteration of switch or part identification labels, or failure caused by a product for which Brocade is not responsible.
Brocade does not offer Hardware support or maintenance for used or refurbished Brocade equipment purchased from a third party. Brocade only offers Hardware support and maintenance for newly manufactured equipment that is purchased directly from Brocade, an authorized Brocade OEM or Brocade Channel Partner.
Other. Based on the Support Plan you select, you may be responsible for shipping costs related to returns. The provision of spare parts is subject to availability and lead time. Onsite labor required to fulfill the Support Plan you purchased may require an estimated thirty (30) days from receipt of order to provision.
Last updated on June 3, 2016