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SOFTWARE SUPPORT TERMS
These Software Support Terms apply to Support Plans for Brocade’s Software Products.
These Software Support Terms are part of the Brocade Terms and together with the Software Terms and other Brocade Terms govern your purchase and use of Brocade’s Support. The policies and other terms and conditions posted on the support pages on Brocade.com are in addition to these Software Support Terms.
1. Support Plan. See the Support Pages on Brocade.com for a description of the Support Plan offered for the Software Products. In the event of a conflict between these Software Support Terms and the terms listed on the Support Pages on Brocade.com, the Support Pages on Brocade.com shall control. In the event of a conflict between the Brocade Terms and these Software Support Terms, the Brocade Terms shall control.
2. Support Plan Term. The initial term of each Support Plan (the “Initial Support Term”) is the duration stated in your Order, beginning on the date that Brocade has sent the Software or necessary license codes or access information to enable use of the Software. Your Support Plan may be renewed for one or more renewal terms (each a “Renewal Support Term”) if you and Brocade have entered into a renewal order during the Initial Support Term or then-current Renewal Support Term, as applicable. Brocade may increase the fees applicable to each Renewal Support Term. If there is a lapse in Support, any subsequent purchase of Support will (i) be deemed purchased retroactive to the later of (x) the date on which any prior Support period concluded, or (y) the date on which the Software was purchased, and (ii) you shall pay all applicable Support fees for such lapsed period. If you wish to purchase a different Support Plan, or if Brocade has modified a Support Plan, (e.g., service level, duration) the renewal fees will be at Brocade's then current price list. Purchases of Software Support Plans (including Renewal Support Terms) with a duration of 2 years or less are non-cancellable by you and are non-refundable. Purchases of Software Support Plans (including Renewal Support Terms) with a duration in excess of 2 years are cancellable after the second year, upon thirty (30) days prior written notice. Credit, if any, for a cancelled Support Plan will be based on the prepaid, unused fees for the Support Plan, less any prepayment or multi-year discount to which you are no longer entitled.
3. Information Required as Part of a Support Request. In order to obtain support, you must provide the following information when contacting Brocade Technical Support, either through phone or the Web:
If you purchased your primary Software Support Plan from a Brocade distributor or solutions provider, then Brocade may share your case information with the primary support provider to facilitate the management of your case.
4. Response Flow. Depending on the Software Support Plan applicable to your purchase, when you report a potential material deviation between a current Software release and its specifications, and if Brocade is able to reproduce the deviation, Brocade will use reasonable efforts to provide a Patch to resolve the deviation. In addition, Brocade will make available to you those Maintenance Releases, Feature Releases, and Platform Releases for the Software that it makes available without additional charge to Support Plan customers generally, subject to the Software Support Plan applicable to your purchase.
5. Severity Definitions. If you request Support, a case will be generated, and the Brocade Technical Support team will classify the problem's severity level from 1 to 4 as follows:
6. Support Exclusions. Software Support does not cover requests arising out of your failure to implement all Upgrades provided by Brocade, changes to the computing environment, alterations or modifications of the Software performed by persons other than Brocade, accident, negligence, improper installation, misapplication, abuse, alteration or misuse of the Software or failure to use the Software in accordance with the Software Terms the documentation or instructions provided by Brocade.
Last updated on December 1, 2016