Lizenz- und Wartungskonditionen der Partnern von ABAX Informationstechnik GmbH
Stand November 2020
Rahmenbedingungen ABAX Supportleistungen
Die folgenden Richtlinien gelten bis auf Widerruf für Serviceleistungen, die von ABAX Informationstechnik GmbH erbracht werden.
Mit der Annahme eines respektiven Angebots, in dem auf dieses Konditionen verwiesen wird, werden diese Konditionen von ABAX Informationstechnik GmbH oder der entsprchenden Partnerunternehmen anerkannt.
- Die Reaktionszeit ist als der Zeitraum definiert, in welchem nach der Entgegennahme der Meldung des Kunden durch die Mitarbeiter des IT Helpdesks mit der Behebung der Störung oder dem beauftragten Task begonnen wird.
- Vor Ort Einsätze erfolgen ausschließlich nach Rücksprache mit dem Auftraggeber.
- Stundenkontingente haben eine maximale Gültigkeit von 24 Monaten. Danach verfallen bestehende Guthaben.
- ABAX Informationstechnik GmbH behält sich eine jährliche Anpassung der Basispreise (basierend auf den jeweiligen Ergebnissen des IT-Kollektivvertrags) vor. Die Kunden werden entsprechend informiert.
- Alle angeführten Leistungen sind auf der Grundlage kalkuliert, dass die geplanten Arbeiten in einem Zuge und in der Normalarbeitszeit durchgeführt werden können. Alle zusätzlichen Leistungen, wie außerordentliche Anfahrten, Umbauarbeiten oder Stehzeiten, sowie Zuschläge für Arbeiten außerhalb der Normalarbeitszeit werden gesondert verrechnet. Je nach Umfang ist mit einer Vorlaufzeit von mindestens 10 Werktagen zu rechnen.
- Sofern Transport-/Zustellkosten im Angebot nicht eigens ausgewiesen sind, werden diese gesondert in Rechnung gestellt. Bei Durchführung der Montage-/Installationsarbeiten durch ABAX erfolgt die Lieferung innerhalb Österreichs frei Haus.
- Schwankungen bei Preisen von Material mit Metallanteilen oder bei nicht aus der EUR-Zone stammendem Material können zu Preisschwankungen führen.
- Bei einem Nettobestellwert unter netto EUR 200,- wird eine Bearbeitungsgebühr von EUR 20,- in Rechnung gestellt.
- Sämtliche Lieferungen erfolgen unter Eigentumsvorbehalt.
- Anfahrts- und Wegzeit bei vor-Ort Einsätzen werden nach tatsächlichem Aufwand berechnet und vom Kontingent abgezogen. Es werden zumindest 0,5 Stunden verrechnet.
- Im Fall von Hardwaredefekten von Geräten, für die kein laufender Herstellerwartungsvertrag besteht, ist der Kunde für die Bereitstellung bzw. Austausch von Ersatzteilen verantwortlich.
- Das Abschalten jeglicher Dienste, die der Kunde für den laufenden Betrieb benötigt, erfordert die Absprache mit dem vom Kunden genannten Koordinator.
- Es gelten die Allgemeinen Geschäftsbedingungen von ABAX Informationstechnik GmbH in der aktuellen Fassung unter www.abax.at/agb
Bei Wartung von Hardware oder Software, welche nicht direkt über den Hersteller erbracht wird, gelten die Konditionen des jeweiligen Partnerunternehmens wie folgt.
Aufgrund der erhaltenen Störungsmeldung wird intern folgender Prozess zur schnellstmöglichen Lösung des Problems eingeleitet.
Wir bieten unseren Kunden die Möglichkeit, die SLA Anforderungen individuell abzubilden. Auch eine individuelle Zuordnung der Abdeckung pro System basierend auf der Kritikalität des Business Services ist möglich. Dadurch gewähren wir unseren Kunden nebst der Flexibilität, auch einen besonderen individuellen Nutzen.
 Dieser Fall betrifft vor allem Systeme, die aus der Standard-Wartungsfenster der Hersteller herausfallen oder die aus Kostengründen vom Endkunden über einen anderen Partner als den Hersteller serviciert werden.
Lenovo Premier Support Comaprison
Vorkonfigurierte Service Level
Erweitern Sie die Basisgarantie mit einem kostengünstigen Support, um für einen reibungslosen Betrieb von nicht unternehmenswichtiger Server-, Speicher- und Netzwerkhardware zu sorgen. Dieser Service ist am nächsten Werktag während der normalen Geschäftszeiten vor Ort verfügbar und umfasst auch die Installation defekter Komponenten, die ausgetauscht werden müssen, durch einen Techniker.
Die Foundation Support-Ebene bietet:
- Service vor Ort am nächsten Werktag während der normalen Geschäftszeiten, 5 Tage die Woche
- Erweiterung der Basisgarantie, die die Installation aller Ersatzteile vor Ort umfasst
Um noch mehr Schutz zu erhalten, können Sie optional die Foundation-Services auf bis zu 5 Jahre mit folgenden Zusatzleistungen verlängern:
Verlängern Sie die Betriebszeiten für die wichtigsten Unternehmens-Workloads und schützen Sie vertrauliche Daten. Die Essential Support-Ebene umfasst alle Vorteile der Foundation-Services, plus Vor-Ort-Service mit 4 Stunden Reaktionszeitziel, 24 Stunden am Tag und 7 Tage in der Woche:
- Vor-Ort-Service mit vier Stunden Reaktionszeitziel, 24 Stunden am Tag und 7 Tage in der Woche
- Erweiterung der Basisgarantie, die die Installation aller Ersatzteile vor Ort umfasst
- YourDrive YourData (Einbehalten der Festplatte) (in englischer Sprache)
Empfohlen wird die Verlängerung der Essential-Services auf bis zu 5 Jahre mit folgenden Zusatzleistungen:
Maximieren Sie die Betriebszeit für unternehmenswichtige Anwendungen und Workloads. Die Advanced Support-Ebene umfasst alle Vorteile der Essential-Services, plus Vor-Ort-Service mit zugesichertem Reparaturservice innerhalb von 6 Stunden, 24 Stunden am Tag und 7 Tage in der Woche:
- Vor-Ort-Service mit zugesichertem Reparaturservice innerhalb von 6 Stunden, 24 Stunden am Tag und 7 Tage in der Woche
- Erweiterung der Basisgarantie, die die Installation von Ersatzteilen vor Ort umfasst
- YourDrive YourData (Einbehalten der Festplatte)
Um von mehr Effizienz zu profitieren, können Sie die Advanced-Services auf bis zu 5 Jahre mit folgenden Zusatzleistungen erweitern:
Premier Support Ebenen
Der Lenovo Premier Support Service bietet für Rechenzentren einen neuen Level an Support. Wir wissen genau, welche Herausforderungen Sie bewältigen müssen. Deshalb bieten wir neben Komfort auch umfassendes Know-how und viel persönlichen Einsatz, um den anspruchsvollen Rechenzentrumsumgebungen von heute an Komplexität zu nehmen. Ihre Vorteile:
- Direkter Zugang zu den erfahrensten Lenovo Technikern
- Schnellere Problemdiagnose und -behebung
- Zentrale Anlaufstelle und umfassende Problemlösung
- Unterstützung für Zusammenarbeitssoftware von Drittanbietern
Mit der umfassenden Unterstützung Ihrer Rechenzentren durch Lenovo können Sie Ihre Technologieinvestitionen maximieren und sich auf die Erfüllung Ihrer Servicebereitstellungsziele konzentrieren und so Ihrem Unternehmen Wettbewerbsvorteile verschaffen.
Der Premier Support für Basis-Systeme bietet Ihnen Folgendes:
- Premier Support
- Verlängerung der Basisgarantie auf 3 bis 5 Jahre für Service am nächsten Werktag während der Geschäftszeiten
Um noch mehr Schutz zu erhalten, können Sie optional die Premier Foundation-Services auf bis zu 5 Jahre mit folgenden Zusatzleistungen verlängern:
Der Premier Support und die höhere Verfügbarkeit für wesentliche Geschäftsaktivitäten bieten Ihnen Folgendes:
- Premier Support
- Reaktionszeit 7 x 24 x 4
- Garantieverlängerung auf 3 bis 5 Jahre
- YourDrive YourData (in englischer Sprache)*
*YourDrive YourData enthalten für Server; optional für Speichereinheiten
Empfohlen wird die Verlängerung der Premier Essential-Services auf bis zu 5 Jahre mit folgenden Zusatzleistungen:
Der Premier Support und die maximierte Betriebszeit für unternehmenswichtige Anwendungen und Workloads umfassen Folgendes:
- Premier Support
- Zugesicherter Reparaturservice innerhalb von 6 Stunden
- Garantieverlängerung auf 3 bis 5 Jahre
- YourDrive YourData (in englischer Sprache)*
Um von mehr Effizienz zu profitieren, können Sie die Premier Advanced-Services auf bis zu 5 Jahre mit folgenden Zusatzleistungen verlängern:
Für Veeam®-Software gibt es unterschiedliche Arten von Lizenzen, abhängig vom Produkt und Ihrem Anwendungsszenario. Die Lizenzierung kann beispielsweise nach der Anzahl der gesicherten Workloads oder nach der Anzahl der CPU-Sockel auf einem verwalteten Server oder Host erfolgen. Einige Produkte werden auch nach Benutzern, Instanzen oder Partitionen lizenziert.
Veeam bietet Universal Licenses (VULs) an, die sich auf verschiedene Produkte und Workloads übertragen lassen, aber auch Lizenzen nur für ein bestimmtes Produkt.
IMPORTANT, PLEASE READ CAREFULLY: THIS END USER LICENSE AGREEMENT “EULA” IS A LEGAL AGREEMENT BETWEEN YOU (AS AN INDIVIDUAL OR ENTITY, “YOU” THE “CUSTOMER”) AND VEEAM SOFTWARE GROUP GMBH (“VEEAM”), FOR PRODUCTS AND SERVICES, WHICH MAY INCLUDE COMPUTER SOFTWARE AND ASSOCIATED DOCUMENTATION (“SOFTWARE”). BY INSTALLING OR OTHERWISE USING THE SOFTWARE OR RECEIVING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT USE THE SOFTWARE OR SERVICES.
1.0 License Grant. This EULA grants you, the user, a non-exclusive, non-transferable license to use the Software, in object code for your internal business purposes (and not for managing third party data unless the product you have licensed expressly permits you to) under the terms and conditions stated herein. The Software is to be installed, used, and deployed in accordance with the specific license you purchased, a description of the license can be found at https://www.veeam.com/licensing-policy.html (“Licensing Policy”). This EULA and the Licensing Policy can be updated from time to time, in Veeam’s sole discretion and will be made available at www.veeam.com
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6.0 Maintenance and Support (“Maintenance”) for the Software is available in accordance with Licensing policy and Support Policy, which can be found at www.veeam.com/support.html. Maintenance, if it is included in the Software purchased, will commence upon the date your order is processed and the license file is generated. You will receive (a) support for your Software, and (b) any updates, enhancements or improvements that are included or defined in the Maintenance Policies. Software updates cannot be applied to the Software with an expired Maintenance.
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8.0 Technical Reporting and Logs. The Software has the capability to provide certain reports and survey information, including the generation and collection of geolocation data, regarding its use to Veeam. This data collection is turned OFF by default and must be enabled by you. You always have the option to enable or disable at any time. Any information collected is deemed confidential and will only be used by Veeam internally to enhance the quality of the Software.
10.0 Capacity Limitations in Software. For certain Software, your use of the Software may be limited by the capacity purchased. In the event you exceed the purchased capacity, the Software may not process additional workloads beyond the maximum capacity until you purchase additional capacity.
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12.0 Audit. During the term of this Agreement and for a period of one year thereafter, Veeam may, during normal business hours and upon reasonable prior notice to End User, inspect the files, computer processors, equipment and facilities of End User to verify End User’s compliance with this EULA.
13.0 Open Source and Third-Party Software. “Open Source” means various open source software components licensed under the terms of applicable open source license agreements included in the materials relating to such software. Open Source Software is composed of individual software components, each of which has its own copyright and its own applicable license conditions. A current list of Open Source Software and third party software components used by Veeam can be found at http://www.veeam.com/eula-oss.html.
14.0 Veeam Community Forums. Any information that you post on the Veeam Community Forums is deemed non-confidential to you. Veeam has no obligation to manage or protect any information (confidential or personal) that you disclose on the Veeam Community Forums.
15.0 Limited Warranty and Limitation of Liability. Veeam warrants that it has the right and authority to grant the License under this EULA. Veeam will defend or, at its option, settle any action against End User based upon a claim that its use of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED ‘AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTY. In no event will Veeam, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof.
16.0 General. This Agreement sets forth Veeam’s entire obligation and End User’s exclusive rights with respect to the Software and, except to the extent otherwise specifically provided in a purchase order or other written communication or advertising signed or jointly issued by both parties with respect to the Software, supersedes any conflicting terms of any purchase order and any other communication or advertising with respect to the Software. No failure of either party to exercise or enforce any of its rights under this EULA will act as a waiver of those rights. If any provision of this EULA is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this EULA will not be affected. This EULA will be governed by the laws of Switzerland, without regard to its choice of law principles. You agree that exclusive jurisdiction for any claim or dispute arising out of or in connection with this EULA resides in the Courts of Switzerland in the Canton of Zug. This Agreement and the underlying licenses may not be assigned without completely removing the software installation from the assignor, notifying and providing Veeam with the assignee contact information (for support purposes), and is subject to the assignee agreeing to and complying with the terms and conditions of this Agreement and the Licensing Policy.
This licensing policy defines specific licensing rules and conditions for Veeam products. The use of Veeam Products is subject to the End User’s compliance with the End User License Agreement (“EULA”). Veeam Products may be referred to as “Software” within this licensing policy.
A “Customer” is defined as the End User of the Software.
“License Administrator” is a person associated with and recorded in the Veeam License Key representing the End User (per EULA) with the authority to request changes to the Veeam Product License. The End User is responsible for providing correct contact information about License Administrator and keep it up to date. The End User is required to submit any changes to License Administrator data to Customer Support service via the Customer portal (https://my.veeam.com).
Veeam License Key
“Veeam Product License” or “Veeam License Key” or “License Key” is a transaction document that defines the scope of the license, eligible Licensed Units and options as well as license terms reference, such as License ID and Support ID. Veeam License Key is typically required to enable functionality of the Software. Please refer to technical documentation for product license installation help. The Veeam License Key defines the maximum number of Licensed Units for the Software to consume or process from all objects of the connected Source Infrastructure.
Customers can use copies of the Software and one License Key to manage same or multiple Source Infrastructures. In this scenario, Customers are required to implement centralized license management (for example, Veeam Enterprise Manager) to control total license consumption and compliance with the licensing terms.
Customers can use multiple License Keys with different license terms, but only for separate backup infrastructures (which are defined as not sharing servers or storage between each other and are protecting different Source infrastructures). Veeam centralized management is not available/allowed for such use cases. In these cases, Customers will be provided with separate license files for each separate backup infrastructure.
With certain conditions, Customers can combine License Keys with different license terms to manage multiple Source Infrastructures with the same backup infrastructure. Customers are advised to implement centralized license management (Veeam Enterprise Manager) to control total license consumption and compliance with the licensing terms.
A workload that had at least one restore point created by Veeam (or a partner) solution in the past 31 days, in a form of a backup or a workload’s native snapshot.
Workload is a computer (physical, virtual or cloud), an application (on-prem or SaaS), an unstructured data (files or objects) or any data source that Veeam (or partner) solution protects or manages.
An infrastructure – management servers, hosts, physical/virtual/cloud machines, applications, files or storage – that is protected, monitored or otherwise managed by the Software and by the Customer.
Customers can use copies of the Software under the same License Key and license terms to manage same or multiple Source Infrastructures. In this scenario, Customers are required to implement centralized license management (for example, Veeam Backup Enterprise Manager) to control total license consumption and compliance with the licensing terms.
Sharing of the Source Infrastructure between different Licenses and license terms is prohibited.
Referring to the table below, a “Licensed Object” is an element of the Source Infrastructure that is consumed and counted by Veeam product towards the maximum number of Licensed Units. Licensed Objects are associated with Licensed Units by the Software. Some Software allows revoking Licensed Units from Licensed Objects and re-applying to other Licensed Objects. For example, you can revoke the license from some hosts or VMs and assign it to other hosts or VMs. Here is a table of Licensed Objects:
Veeam uses Licensed Units to define the maximum capacity of Licensed Objects that the Software product will process. The following table describes the Licensed Units:
Older versions of Veeam products prior to Veeam Backup & Replication v10 include the following Licensed Units: VM, Server, Workstation with 1 (one) License unit consumed by each protected workload.
If present, License Edition defines functionality available in the Product, and relative weight of Licensed Objects. Feature availability varies by Edition, for example Enterprise Plus edition is the best choice for access to all features.
See Veeam Backup & Replication Product Editions for more information on features by Editions.
Support and Maintenance
Veeam provides product updates, licensing and technical support to Customers according to published Veeam Customer Support Policy. Customers can choose support programs with target Service Level Agreements (SLAs) as described in the support policy. Support for FREE/Community/NFR licensed products is provided on a best-effort basis.
Please note that Licensing Support may not be available for Customers with expired maintenance. More details on Support and Maintenance.
License Type is a parameter that defines how the license is transacted. License Types include: Perpetual, Subscription, Rental, Evaluation, NFR, Free.
Customers who purchase a Perpetual License get the right to use perpetually any version of the Software shipped prior to the Support expiration date reflected in the license file. One year of Basic or Production Support and Maintenance is included with any purchase of the Perpetual License. To stay eligible for product updates and support, Customers must renew their annual maintenance contract. Read more details on maintenance renewal costs.
If present, the Perpetual License default expiration date is set to 10 years from the date of issue and can be re-issued for the longer period at any time without altering any other details of the license. Please open a licensing support ticket at the Customer portal for such a request.
Customers who purchase a Subscription License get the right to use the version of the Software for a specified term depending on SKU purchased. Basic or Production Support and Maintenance is included for the entire term of the Subscription License, provided the End User is compliant with this Licensing Policy and the EULA. More details on Support and Maintenance.
To renew your Subscription License, please contact your reseller or use the Veeam Renewal form to contact Veeam.
Rental Licenses are only available to Veeam Cloud & Service Providers (VCSP) to perform systems management services for VCSP’s clients. Copies of Rental Licenses can be produced by VCSPs using self-service functionality of Veeam ProPartner Portal to generate individual licenses for Client environments. More details on VCSP program.
Evaluation and NFR licenses
A license designated as an “Evaluation” or “NFR license” authorizes Partners and End Users to use the Software for a limited period stated in the License Key for evaluation or demonstration purposes only, in a non-production environment.
Community Edition and Free license
Veeam provides some products free of charge with full or limited functionality.
“Community Edition” licensed products provide fully functional version of the Software for small environments, limited by Licensed Units of the built-in free license. Some versions of free products may require a valid no-cost license (“Free License”) that is available for everyone upon website page registration. Please follow directions in the product interface to obtain such a license.
Community Edition license Customers agree to receive email marketing communications from Veeam Software with ability to unsubscribe from it.
Sharing of the Source Infrastructure between different Licenses is prohibited. This includes using multiple Community Edition deployments, or using both licensed and Community Edition deployments, to protect different parts of the same Source Infrastructure.
Veeam-Published Image means a virtual machine image made available by Veeam for use in a cloud marketplace (like Amazon Web Services or Azure) and in which the Software is pre-installed. When the Software is delivered to End User as pre-installed on Veeam-Published Image End User has a right to use the Software only in virtual machines in the marketplace deployed from Veeam-Published Image. If the Software is delivered to End User as pre-installed on Veeam-Published Image with the operating system pre-installed, the right to use the operating system is governed by terms of EULA of this operating system. By using the Software End User accepts the terms of EULA of such an Operating System, otherwise the End User must not use the Software.
Veeam Licensing Terms
Veeam Universal License (VUL) Offerings
Instance calculation for Veeam Universal License
Veeam Universal License (available in both Subscription and Perpetual License Types) removes complexity from license consumption tracking, providing portability of the license across full breadth of product functionality. All protected workloads and packages are treated equally and consume 1 (one) Instance:
In Veeam Backup & Replication 9.5 Update 4, Instance consumption calculation is different and dependent on Product Edition. Upon upgrade to v10 and beyond, this counter no longer applies:
Standalone Licenses (non-VUL)
Multiyear Subscription Billing Options
Multiyear Subscriptions with Upfront Billing contain all years in one SKU. Customer commits to pay for the entire length of the contract upfront. Multiyear Subscriptions with Annual Billing require all yearly options to be purchased together on initial order. Customer commits to pay annual amount by the yearly anniversary each year for the length of contract.
Gifted (Built-in) product license
For all Perpetual Licenses with Sockets, Veeam Backup & Replication and Veeam ONE products will enable additional FREE Instance licenses to be available for use – one Instance per each Socket with maximum of 6 gifted Instances.
For Veeam ONE, these FREE instances can only be used on monitoring and reporting on all non-VM workloads from the connected Veeam Backup & Replication.
Combining Socket and Instance licenses in Veeam Backup & Replication
Starting with version 10, Veeam Backup & Replication allows installing separate Socket and Instance License Keys at the same time without prior merging of keys at the customer portal. The following conditions will apply:
- Both Socket and Instance licenses are valid product licenses
- Company name matches between licenses
- Socket License Key will define the Support level, Support ID and Product Edition
- Only one Socket and one Instance License Key can be installed into the product at the same time
- Sockets will only protect VMware vSphere and Microsoft Hyper-V VMs
Instances, when in the presence of sockets, will protect NAS, Agents, Plug-Ins, AHV and Cloud VMs, and any workload excluding VMware and Hyper-V VMs.
Instance license expiration will, following the grace period, disable all product functionality until the expired license is removed from the product installation.
Socket license support expiration will not have any impact on the product’s functionality, except for the limitation to install product updates shipped after the support expiration date.
Important note: To receive Production Support for combined license, the Socket license must be at the Production support level.
When present, Product Edition of the license regulates the Software capabilities level. In case when both Perpetual per Socket and Subscription VUL license are installed, the Software will follow the Perpetual license edition. Refer to 2.5 for more details.
Only Customers who are current on Support are eligible for a Product or Edition downgrade. Veeam does not refund the difference in price for downgrades.
Change from a higher product tier to a lower product tier, if applicable. A penalty or fee may be charged for downgrading. These are only offered for perpetual licenses. For instance, if a Customer is on a socket-based perpetual Veeam Backup & Replication license and downgrading to Veeam Backup Essentials license, a downgrade SKU is required.
Change on any product from a higher Product Edition to a lower Product Edition. There is no penalty or fee for Product Edition downgrade. Support dates and other licensing terms are not altered in the event of Product Edition downgrade. Only Customers who are current on Support are eligible for downgrades.
Change in the middle of contracted term from a higher level of Support to a lower level of Support is not offered.
Only Customers who are current on Support are eligible for upgrades.
Change on any product from a lower edition to a higher edition.
Change from lower tiered Product or bundle of Products to a higher tiered Product or more complete bundle of Products.
Change from lower level of Support to a higher level of Support.
Customers may migrate their existing Enterprise Plus Perpetual Socket licenses to Subscription Veeam Universal Licenses (VUL) via a special program. Migrations from Perpetual Socket licenses to Perpetual VUL are also available. Customers on lower editions may migrate to VUL, but an Edition Upgrade to Enterprise Plus is required.
For more information, please contact Veeam Renewals by submitting the form https://www.veeam.com/renewal.html.
Veeam issues License Key for each license purchased. The End User is authorized to use each License Key to activate and use the Software within the parameters of this Licensing Policy according to this License Policy terms.
Veeam License Key contains specific licensing terms and a signature record that proves the integrity of the License Key file for the product. Only those License Keys that are marked as “Active” in Veeam’s records are considered legitimate and valid License Keys. Customer’s Active License Keys are always visible on the Customer Portal.
License Start Date
The License expiration date and License support expiration date are calculated from the License/Contract start date which is the date when Veeam accepts the Purchase Order from distribution and delivers the License Key to the Customer portal at https://my.veeam.com.
When purchasing a renewal of Perpetual or Subscription Licenses, the updated License Keys become available at the Customer portal. In case the License Key auto-update functionality is enabled, the updated License Key may be installed into the product automatically.
License Key Merge
Customers that are current on maintenance have an option to merge several Production License Keys into a single License Key to use in a product installation. Merge functionality for current versions is available at Customer Portal (https://my.veeam.com). For cases when merge is required for older versions of Veeam products, the Licensing support case needs to be opened.
When several License Keys are merged, the lowest Edition terms are selected for the resulting key (e.g. merging a 10 Socket Standard Edition license with the Veeam Universal License will result in a Standard Edition License Key). Similarly, the earliest license expiration date and support expiration date with respective Support ID will be provided.
License Key merge is only available for compatible licenses and when below terms match, if present:
- First name, Last name, Email, Company, Edition, License Type, Product name, Package
To revert the License Key merge operation, Customers may choose “Undo merge” to destroy the merged license and revert to original product License Keys.
Below are clarifications and exceptions to general merge rules:
Customers who enable license auto-update feature will benefit from automated license prolongation in case of Subscription or Perpetual contract renewal. In case of a merge operation the original licenses installed in products will not be updated automatically, a manual installation of the merged license is required. Once the merged license is manually installed into the product the license auto-update function will be enabled again.
In case a Customer on maintenance needs a License Key for a legacy product version Veeam may provide such a License Key, with the condition that the License terms and License Units are available for that legacy product version. Please see if the “Previous version” action is available for the License Key on the Customer portal.
Promotional License Key
When Veeam gives a free production license or adds licenses/features at no cost for a limited time, the duration of the offer is defined by the promotion’s specific terms and conditions or by the License Key parameters. Promotional licenses do not change any pre-existing licensing agreement for paid products.
The licensing case must be opened by the current Veeam License Administrator or a representative of the Customer with a proof of purchase submitted via the case.
Maintaining your copy of the software and the license file
Customers are advised to keep a copy of the Software and License Key file provided to them from the purchase of Veeam products in order to re-activate the Software as needed. For Customers with an active maintenance contract, Veeam may provide a copy of the Software and the license file for supported versions in response to a Customer request. Customers with expired maintenance contracts may not be granted such a service.
Veeam has three support programs: Premier, Production, and Basic. Additionally, there is an Evaluation support program for 30 days following product downloads. Each program provides a guarantee for support via Web, E-mail and Phone, and the ability to open cases via Web or Phone. Support for Customers with the Community Edition/Free License/NFR licensed products is provided on a best-effort basis. For more information, please refer to the Veeam Customer Support Policy.
New product releases and maintenance updates are also available only to Customers with current maintenance contract. Product update may be refused by the Software in case the License Key Support Expiration date is past due.
Support level for Customers always defaults to their lowest contracted level. For instance, if a Customer has 90% of their licenses contracted to Production Support and 10% of their licenses contracted to Basic Support, Veeam will only provide Basic Support.
- Non-VUL Perpetual Licenses are available with Production or Basic support, and one year of maintenance is included with any new non-VUL Perpetual License purchased. Subscription Licenses, with exception for Veeam Backup Starter until October 1, 2020, include Production support and maintenance for the full term of the license.
- Basic Veeam annual maintenance renewal costs equal 22% of the regional MSRP price for new licenses at the time of renewal for each product purchased under perpetual licensing.
- Production Support maintenance renewal cost is equal to 27% of the regional MSRP price for new licenses at the time of renewal for each product purchased under perpetual licensing.
- Veeam does not provide public sector, educational or internal use discounts on support renewals (those discounts apply only for new licenses purchase).
- Please note that any Customer who is not current on support will not be issued new License Keys until maintenance is renewed, including license merges, edition upgrades, and edition downgrades.
- Prepaid discounted SKUs are available for purchase in the first six months of a new license contract. After this period, standard annual renewal SKUs are required.
- Maintenance contracts are limited to a maximum of five years for all orders (new license orders (with one year of included support) or annual renewal and a maximum of four years prepaid maintenance can be purchased). Please note that SKUs may not be ‘doubled’ to increase length of time for support.
- Customers who upgrade Product Editions which have future years of support remaining on the product contract must also purchase annual and monthly edition maintenance upgrade SKUs to cover the price difference between previous and new product.
- Support renewals more than 1 month past due will be assessed a 25% reinstatement fee compared with annual renewal. Fee is included in Expired Renewal SKUs, which are required for renewal of contracts expired more than 1 month at time of purchase. Expired Fee Waived SKUs can be used with Veeam approval only. In cases where support expired more than 13 months ago – please contact Veeam Renewals team to confirm needed SKUs.
- Customers whose support has lapsed must renew their licenses with the appropriate annual support and renewal license SKU, co-term SKU, or back maintenance (with 25% Reinstatement Fee) as applicable. However, Customers whose support has lapsed for more than two years may be eligible to be sold new licenses at list price instead of an annual support and renewal license with prior written approval from Veeam. Please speak with your Veeam representative for more details.
- Veeam strives to provide its customers with the best technology support for a broad alliance ecosystem, in a flexible, cost-effective manner. We reserve the right to evaluate our product offerings and pricing, and adjust pricing for subscription, subscription renewal and maintenance renewal of any product, with 30-day’s notice.
- When a product version reaches end of support stage, this version will no longer be supported by Veeam. No further updates, patches or hotfixes will be created for it (exceptions may be made on case-by-case basis). Read more at https://www.veeam.com/kb1530.
Fortinet Service Terms & Conditions
For FortiCare,FortiGuard and other Fortinet Service Offerings
THESE TERMS AND CONDITIONS APPLY TO THE PROVISION OF SERVICES BY FORTINET AND EXCLUSIVELY GOVERN THE LEGAL RELATIONSHIP BETWEEN YOU (THE CUSTOMER)AND FORTINET. IT SETS FORTH THE LEGALLY BINDING RIGHTS AND OBLIGATIONS OF THE CUSTOMERIN RELATION TOFORTICARESUPPORT OR FORTIGUARDSUBSCRIPTION SERVICESOR OTHER FORTINET SERVICE OFFERINGS.THE CUSTOMER CONSENTS TO BE BOUND BY THESETERMS ANDCONDITIONS AND TO HAVE BECOME PARTY TO THIS ‘AGREEMENT’ (THIS OR THE ‘’AGREEMENT’’) AND REPRESENTS TO HAVE READ AND UNDERSTOODTHIS AGREEMENT AND HAVE HAD SUFFICENT OPPORTUNITY TO CONSULT WITH COUNSEL BEFORE AGREEING TO THE TERMS HEREIN. THE CUSTOMER AGREES THAT ANY OF THE FOLLOWING ACTIONS BY CUSTOMER REPRESENTATIVES REPRESENT THE CUSTOMER’S AUTHORIZED CONSENT TO BE BOUND BY THIS AGREEMENT:(I) RECEIVING,DOWNLOADING,DEPLOYINGOR USINGANY SOFTWARE PROVIDED IN CONNECTION WITH FORTINET SERVICES, (II) RECEIVING, CONFIGURING, LOGGING IN, REGISTERINGOR OTHERWISE USING OR BENEFITTING FROM THE SERVICES, OR(III) BY CLICKING ON THE ‘’ACCEPT’’ BUTTON UPON REGISTRATION(ANY OF (I), (II), OR (III) SHALL CONSTITUTE “ACCEPTANCE” BY CUSTOMER).THE CUSTOMER HEREBY ACKNOWLEDGE AND AGREES THAT THE PERSON ENGAGING IN (I), (II), AND/OR (III) IS AUTHORIZED TO BIND THE CUSTOMER TO THE TERMS HEREIN.FOR CLARITY, NOTWITHSTANDING ANYTHINGTO THE CONTRARY, IF CUSTOMER IS USING AN AUTOREGISTRATION TOOL, CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY AND ALL UNITS REGISTERED USING SUCH TOOL SHALL BE SUBJECT TO THESE TERMS AND CONDITIONS.
Services are available independently or in connection with the purchase of Fortinet’s commercial networking products and related equipment, including hardware products with embedded software, and software products sold and licensed to you pursuant to Fortinet’s End User License Agreement (“EULA”), which EULA is available at https://www.fortinet.com/content/dam/fortinet/assets/legal/EULA.pdf and you hereby agree to the terms of the EULA.
This Agreement and the Sales Order Acknowledgment represent a legal agreement between the parties with respect to FortiCare and FortiGuard Subscription services or other Fortinet services, and shall supersede all prior representations, discussions, negotiations and agreements, whether written or oral.
This document expressly supersedes the Customer Service & Support Reference Guide (CSS Reference Guide) and all other service descriptions, and, notwithstanding anything to the contrary, Fortinet is only bound by, and Customer is only entitled to, services pursuant to official service descriptions that are authorized by Fortinet pursuant to this Agreement and are contractually binding on Fortinet pursuant to the terms herein.
- “Active Service Coverage Level” means the level of Technical Support as purchased by Customer pursuant to a Service Contract.
- ”Agreement” means these Terms and Conditions.
- “Customer” means any entity or person that has purchased a Fortinet Service Contract for use within their business and not for further sale.
- “Documentation” means any customer support manuals, technical manuals, and/or “Help” files within the Services that relate to the Services and that Fortinet makes available to Customer in connection with this Agreement and/or through the Services.
- ”FortiCare” means a subscription to Technical Support Services, which may be purchased by Customer directly or from a third party, and which are delivered by Fortinet on behalf of that third party.
- “Fortinet” means Fortinet, Inc.
- ”Services” when used individually means a subscription to one of Fortinet’s service offerings (FortiCare, FortiGuard, etc.), which may be purchased by the Customer directly or from a third party.
- “FortiPartner” means a Fortinet authorized
distributor or reseller of Fortinet Products and Services.
- “Hardware” means a Fortinet appliance or chassis, excluding all software incorporated or bundled with such devices.
- ”Hardware Bundle” means hardware sold with defined Services.
- ”Product” means any Hardware with associated software including Hardware Bundles, or stand-alone Software which is available for sale through a FortiPartner or directly from Fortinet and is covered by a FortiCare Service Contract.
- ”Registration Date” means the date the Product or Service is registered in the applicable service or Support Portal.
- ”Serial Number” means the unique identifier of a Product which may be registered in the Support Portal.
- “Renewal Service Contract” means the continuation of a Service Contract pursuant to the terms of the Service Contract.
- ”Service Contract” means this Agreement, as applied to the provision of Technical Support or other Services.
- “Software” means Fortinet computer software, Fortinet software subscription services and bug fixes, in each case provided by Fortinet either directly or from FortiPartner, whether purchased as embedded within the hardware or as a standalone software product or operating software release or update service.
- “Support Portal” means an on-line service designed to allow Customers to configure and access their purchased Services. For example, the Technical Support Portal can be used to create Technical Tickets, access documentation, and obtain software releases. The technical Support Portal is available at https://support.fortinet.com. For FortiPartners the portal is available at https://partners.fortinet.com.
- “TAC means Fortinet’s Technical Assistance Center which is comprised of a number of technical support centers.
- “Technical Support” means the provision of technical support assistance to resolve issues on Products and Services.
- “Technical Ticket” means the Customer’s request for Technical Support, including any description by the Customer of the reason why Customer seeks Technical Support.
- Fortinet offers FortiCare, which provides Technical Support Services. Upon activation of a FortiCare Service Contract, the Customer will (a) obtain access to the Support Portal; (b) obtain access to the TAC for customer service assistance as well as resolution of Technical Tickets, access to Software updates (maintenance and feature releases) and the replacement of Hardware determined by Fortinet to be defective. Technical Support Services will be provided in accordance with the Active Service Coverage Level. For more details refer to the Service Description ‘FortiCare Technical Support – 8702318’ and Fortinet’s policies.
- Fortinet shall provide Customer assistance by telephone or via the Support Portal or via web-chat in relation to troubleshooting of Product issues, as well as usage and configuration.
- Fortinet shall provide access to the TAC 24 hours a day, 7 days a week, 365 days a year.
- Fortinet shall allow 24×7 access to the Support Portal for the Customer to create Technical Tickets, manage assets, obtain Software updates, as well as providing access to Documentation including trouble-shooting information. Technical Tickets shall be processed by Fortinet in accordance with Section 2.5.
- Fortinet shall process Technical Tickets in accordance with the Technical Support procedures and support day/time limitations outlined in the applicable FortiCare service documents.
- Fortinet shall use commercially-reasonable efforts to provide acceptable workaround solutions, resolutions or Software maintenance releases to resolve Technical Tickets. The Customer acknowledges that Software and/or Hardware are never error-free and that, despite commercially-reasonable efforts, Fortinet may be unable to provide answers to, or be unable to resolve, some requests for Software or Hardware support.
- Fortinet shall provide maintenance releases and feature updates for Software. Customer may access such updates via password-protected web access. This is subject to one copy per Software release or signature file as appropriate and is subject to the EULA.
- Use commercially reasonable efforts to ensure availability of hosted solutions, if applicable.
- Where Hardware replacement is deemed necessary by Fortinet, Fortinet shall provide Hardware replacement services, using commercially-reasonable efforts, in accordance with the Active Service Coverage Level.
- Hardware replacements are shipped to the Customer with incoterm DAP (Delivery At Place) using a Fortinet carrier, freight prepaid by Fortinet, excluding any import duties, taxes or other fees.
- Hardware replacement services are subject to geographical restrictions.
- Fortinet is not responsible for transportation or custom delays. Customer compliance with export controls and destination customs processes may condition shipment times.
Product Life Cycle
- The type of Technical Support provided under FortiCare may vary depending on the Product’s life cycle. An up-to-date version of the Product life cycle shall either be stored on the Support Portal or available by contacting Fortinet.
- For any Software that is in the “End of Support” phase, as defined in Fortinet’s then-active Product life cycle policy, Fortinet may provide Technical Support for Software issues at its sole discretion. Such Support Services are limited to advisory support and do not include new Software releases to address Software defects.
- Fortinet shall have no obligation to provide Technical Support under FortiCare in any of the following circumstances:
- FortiCare does not include any on-site activity, or any request for step-by-step installation and configuration of a Product or creation of custom SQL reports. Professional services may be available for purchase by Customer to provide such services.
- In the event the Customer alters, damages or modifies the Product or any portion thereof.
For any problem caused by: accident; transportation; neglect or misuse; alteration, modification, or enhancement of the Product; failure to provide a suitable installation environment; use of supplies or materials not meeting specifications; use of the Product for other than the specific purposes for which the Product is designed; for any problems caused by the
Customer’s or end-user’s negligence, abuse, or misapplication.
- For the Product on any systems other than the specified Hardware platform for such Product. Fortinet shall have no liability for any changes in the Customer’s hardware, which may be necessary to use the Product due to a workaround or maintenance release.
- For any Hardware that is in the “End of Support” phase, as defined in Fortinet’s then active Product life cycle policy.
- For any Product that has not been publicly released.
- For third-party devices (including, without limitation, hardware, software, infrastructure such as cabling) or problems associated with such elements.
- Any usage of FortiGuard service updates that are not specifically authorized by Fortinet in writing including, without limitation, accessing signature packages for the purpose of duplication.
- For issues related to hardware consumables, which may be physically installed within a Fortinet appliance, such as SFPs, SDD cards and hard disks, if these are non- Fortinet-purchased hardware and as a result of a technical analysis a fault or defect is traced to the use of non-Fortinet supplied hardware, then service or warranty entitlement will be forfeit for the affected Fortinet appliance.
- For any other violation by Customer of this Agreement. Customer Obligations
Customer is obligated and responsible for the following, and Fortinet’s responsibilities and obligations shall be subject in full to Customer meeting its following obligations:
- Activate and register FortiCare subject to this Service Contract against a specified Product unit.
- Ensure that the Product covered by FortiCare is used for its intended purpose and in line with the applicable Product specifications and is maintained in accordance with applicable Product documentation.
- Maintain Fortinet Software at the current Software release and to upgrade to the latest release of Software if it is required to resolve a reported technical issue.
- Comply with Fortinet’s Technical Support recommendations.
- Provide access at Customer’s expense to the Product in order for Fortinet to troubleshoot a Technical Ticket, subject to the Customer and Fortinet agreeing on appropriate security measures to prevent unauthorized access to Customer’s network, however, the ultimate responsibility for the security of the network lies with the Customer. Fortinet will not connect to the Customer’s network without prior authorization and such connection will be solely to provide Technical Support services. Customer has the right to monitor such access by Fortinet. Where (a) the Customer causes delay in providing connectivity in accordance with this section or (b) Customer and Fortinet cannot agree on appropriate security measures to prevent unauthorized access to Customer’s network in the performance of Technical Support services, Fortinet will be excused from any damages or other losses attributable to such delay or lack of agreement.
- Make available knowledgeable technical staff to aid in troubleshooting.
- (a) Assume all costs associated with returning the Product (and follow, Fortinet’s specifications for packaging and labeling of the returned unit and insurance of all returned equipment); and (b) returning the unit within 30 days of the receipt of a replacement Product. Returns that are improperly packaged will not be accepted by Fortinet and returned at the Customer’s expense.
- Ensure Service Contracts are transferred to any replacement Products. Customer acknowledges that this action is required to continue to receive FortiCare Support Services and accepts that there may be a delay of up to four hours to re-establish FortiGuard security services.
- Maintaining reasonable internal security policies and processes, such as related to internal passwords, its facilities, its administrator access to information and systems, and use of wireless access points.
- FortiGuard is a Fortinet service that provides a threat research feed under which Fortinet undertakes commercially-reasonable efforts to provide solutions to identified network security threats. These are developed in response to evolving internet activity and delivered via security threat databases, produced by machine intelligence and experts.
- The Customer is responsible for configuring the frequency of FortiGuard security updates, which may be available on either an automatic or manual basis.
- The creation of Technical Tickets with Fortinet Technical Support for issues related to FortiGuard requires an active FortiCare Service Contract covering the FortiGuard service.
- Ordering and use. Each Product or Service is covered individually by this Agreement, and expires in accordance with the terms contained in this Agreement or according to Fortinet’s policies and the term of the Service contract. Accordingly, where this Agreement (including Service Contracts) terminate for a particular unit of Product, the Agreement remains in full force and effect individually for any other Product or support services purchased by Customer. Service Contracts may apply only to a single unit of Product. An attempt to use a Service Contract with more than one unit of Product, (i.e. in addition to the unit of Product the Service Contract was originally purchased for) is considered a material breach of the Service Contract and will result in the termination of such Service Contract without refund of any fees paid by Customer and
additional fees will be immediately due by Customer to Fortinet based on Fortinet’s then-current list price for any incremental, additional services beyond those authorized by the Service Contract.
- Payment Terms. By purchasing Services, Customer agrees to pay the purchase price for the Services, and all sales, use, valued-added and other taxes and all customs duties and tariffs now or hereafter claimed or imposed by any governmental authority upon the sale of the Services. All payments shall be due upon purchase, in U.S. Dollars, and free of any currency control or other restrictions. All sales are final and the Services are not returnable.
- Registration and renewal registration. Customer must register the ‘Service Contract Registration Number’ which references the purchased Service or the Serial Number (for a Hardware Bundle), within three hundred sixty-five (365) days from the date of the original shipment by Fortinet of the Service Contract or Hardware Bundle to its distributor, FortiPartner or Customer, whichever originally purchased directly from Fortinet. ANY SERVICE CONTRACTS INCLUDING THOSE WHICH ARE INCLUDED IN HARDWARE BUNDLES WHICH ARE NOT REGISTERED WITHIN THREE HUNDRED SIXTY-FIVE (365) DAYS FROM THE DATE THE SERVICE CONTRACT OR HARDWARE BUNDLE WAS ORIGINALLY SHIPPED FROM FORTINET SHALL BE FORFEITED AND FORTINET SHALL HAVE NO OBLIGATION TO THE CUSTOMER REGARDING THIS AGREEMENT OR ANY RELATED SUPPORT SERVICES. It is the Customer’s responsibility to register the Service Contract within the three hundred sixty-five (365) day period and to understand the original ship date from the party from which the Customer purchased the Product.
- Notwithstanding anything to the contrary, Fortinet may register any Renewal Service Contract upon invoicing. Upon renewal of the Service Contract, Customer authorizes Fortinet to automatically register the Renewal Service Contract for subsequent renewal periods for which a purchase order has been placed.
- In order to maintain a continuous service period, the effective date of any Renewal Service Contract shall begin as set forth herein, (the “Renewal Service Contract effective date”). In the event that registration of a Renewal Service Contract is beyond ten (10) calendar days following the expiration date of the previous Service Contract, such Renewal Service Contract effective date will be the later of (a) the calendar day following the expiration date of the Customer’s previous Service Contract and (b) the date that is one hundred eighty (180) calendar days prior to the actual registration date of the Renewal Service Contract. The above does not apply if Renewal Service Contracts are registered and started within ten (10) calendar days following the expiration date of the Customer’s previous services contract. In such case the start date shall be the date of registration.
- Term and Termination. This Agreement is valid for the length of time provided for in the Customer’s purchased service certificate which is viewable upon activation in the applicable service/support portal and which starts from (a) the Registration Date of the Service Contract or in the case of a Hardware Bundle the Registration Date of the Product; or (b) in the event of a Renewal Service Contract that has been registered prior to the expiration date of the previous Service Contract or within ten (10) calendar days of the expiration of the previous Service Contract, starting from the calendar day following the expiration date of the previous Service Contract; or (c) in the event of a Renewal Service Contract that has not been registered within ten (10) calendar days following the expiration of the previous Service Contract, starting from the actual registration date of the Renewal Service Contract. To the extent the Services experience any interruption due to Customer’s failure to complete a Renewal Service Contract, Fortinet shall not be responsible for providing Services during such interruption and will not be responsible for any losses or damages incurred by Customer or any third party attributable to this interruption in Services.
- Fortinet reserves the right to terminate this Agreement and/or any and all Services being provided hereunder, in its discretion, in the event of (a) breach of any terms herein by Customer or (b) non-payment to Fortinet for any services by the Customer or a third party, with such termination having immediate effect, if such breach has not been cured within fifteen (15) calendar days after written notice by Fortinet to Customer or immediately upon notice of termination in the event of a breach that by its nature cannot be remedied within fifteen (15) calendar days. Fortinet may also terminate this Agreement without notice if Customer becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. Upon any termination, Fortinet shall have no obligation to provide the Services hereunder.
- Third-party providers and Service modifications. Fortinet reserves the right to subcontract its obligations herein to third-party organizations. Fortinet also reserves the right to change service subcontractors without notice.
- Non-Fortinet Support. To the extent Customer provides its own technical support or engages a non- approved third party to provide technical support, Fortinet is not responsible for such support, and Customer represents and warrants that all such technical support pursuant to Section 4.9 shall be performed in a satisfactory and commercially reasonable manner and will not infringe upon Fortinet’s rights or the rights of any third party.
- A description of the various Fortinet Services is available on the Fortinet website, and generally on the applicable services portal. In its sole discretion Fortinet may make updates to its service offerings from time to time. If Fortinet makes a material change to the Services, those changes will be reflected in the on-line service descriptions stored on the applicable portal. Fortinet may also make changes to this Agreement, including any linked documents, from time to time. Unless otherwise noted by Fortinet, material changes to the Agreement will become effective thirty (30) days after they are posted, except if the changes apply to new functionality in which case they will be effective immediately. If Customer does not agree
to the revised agreement, Customer must stop using the Services.
- Service/support portal access and security. As part of receiving Fortinet Services, Customer may receive administrative access ID’s and passwords upon installation, registration. Customer shall be solely responsible for maintaining the security of its administration access information, and shall be fully responsible for, all activities which occur, relating to access to the Services under Customer’s administrative access ID. Fortinet is not responsible for unexpected use of Services or data whether by ex-employees, compromised user passwords or any other misuse of Customer accounts. Upon termination of the Services, all data, including configuration data will be deleted, and Fortinet has no responsibility for such data.
- Loss of data and accuracy of data. While Fortinet takes commercially reasonable and industry standard technical and organizational steps to ensure the security of the Services, it is not responsible for the accidental loss or destruction of any data any End User transmits using the applicable service and Fortinet disclaims all liability of any kind in relation to the content or security of data that any End User sends or receives through the service. Further, Fortinet does not guaranty the accuracy of the reports, which may be compromised by various network incidents that impact data collection and accuracy; e.g. network outages, hardware upgrades, and the like.
- Customer consent and privacy. Fortinet recommends, and (where required by law) requires, the posting of legally sufficient notices to consumers and other relevant individuals (“End Users”) regarding the collection of End User data through the Services. IT IS CUSTOMER’S SOLE OBLIGATION TO COMPLY WITH ALL NATIONAL AND LOCAL LAWS REGARDING CONSUMER DATA PRIVACY AND PRIVACY DISCLOSURE LAWS.
- Customer agrees and acknowledges, and warrants that all End Users agree and acknowledge, that Fortinet may be required by law to provide assistance to law enforcement, governmental agencies and other authorities. Accordingly, Customer agrees, and shall procure that all End Users agree:
- that Fortinet may implement and maintain an interception capability suitable to meet these requirements where Fortinet and/or partners are obliged by law to ensure or procure that such a capability is implemented and maintained;
- that Fortinet may implement and maintain a data retention capability for the service to meet requirements where Fortinet and/or its partners are obliged by law to ensure or procure that data is retained; and
- Fortinet may at times cooperate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by Customer or End Users. If Fortinet is required to do so by law, this may include but is not limited to, disclosure of the Customer’s or End Users’ contact information to law enforcement authorities or rights-holders.
- To the extent Customer receives administrative access IDs and passwords in connection with any accounts for the Services, Customer shall be solely responsible for maintaining the security of its admin access information, and shall be fully responsible for all activities which occur relating to access to the Services and use of any other features (including wireless access point(s), as applicable) under that administrative access ID. Customer agrees to notify Fortinet immediately of any actual or suspected unauthorized use of Customer’s account or any other breach of security known by Customer.
- Although some of our Services may provide certain notices or may seek certain consents from certain users, Fortinet does not provide legal advice, and Customer remains solely responsible and solely liable for independently (i) determining what notices and consents are legally required and (ii) providing such notices and obtaining such consents.
- Customer hereby agrees (i) not to create or attempt to create by reverse engineering, disassembly, decompilation or otherwise, the source code, internal structure, hardware design or organization of the product or support updates or software, or any part thereof, or to aid or to permit others to do so, except and only to the extent as expressly required by applicable law; (ii) not to remove any identification or notices of any proprietary or copyright restrictions from any product or support updates or software; (iii) not to copy the product or support updates or software, modify, translate or, unless otherwise agreed, develop any derivative works thereof or include any portion of the software in any other software program; (iv) only to use the product and support updates and software for internal business purposes, and (v) to keep confidential any software and support updates and not share them with third parties.
- Customer will defend Fortinet against any claim, demand, suit or proceeding made or brought against Fortinet by a third party arising out of Customer’s breach of this Agreement, any infringement or misappropriation of intellectual property rights caused by Customer (whether or not Customer has concurrently violated this Agreement), or any illegality of Customer data (individually and collectively, a “Claim”), and will indemnify Fortinet from any damages, attorney fees and costs finally awarded against Fortinet as a result of, or for any amounts paid by Fortinet under a settlement of, a Claim, provided Fortinet
promptly gives Customer written notice of the Claim (provided that failure to so notify will not remove Customer’s obligation except to the extent Customer is materially prejudiced thereby). For a Claim, Customer controls the defense and settlement of the Claim and Fortinet agrees to give Customer all reasonable assistance, at Customer’s expense. Customer will not settle, compromise, or otherwise enter into any agreement regarding the disposition of any Claim without the prior written consent and approval of Fortinet unless such settlement (a) is solely for a cash payment, (b) requires no admission of liability or wrongdoing on the part of Fortinet, (c) imposes no obligation on Fortinet, (d) imposes no restriction on Fortinet’s business, (e) provides that the parties to such settlement shall keep the terms of the settlement confidential, and (f) provides for a full and complete release of Fortinet. You shall reimburse Fortinet within 30 calendar days after demand for any losses incurred by Fortinet that is subject to an indemnification obligation as set forth in this Section.
- Service Warranties. Fortinet provides its Services and Products on an “AS IS” basis. Neither Fortinet nor any of its officers, directors, employees, partners or agents, makes any representation, claim or warranty with respect to the Services or reports or data, whether express or implied, including without limitation, any warranty of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, or any results generated from use of the Services or the reports. Fortinet makes no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, or secure.
- Fortinet will have no obligation to correct, and makes no warranty with respect to, errors caused by: (a) improper installation of the Software or Hardware; (b) changes that you have made to the Software or Hardware; (c) use of the Software or Hardware in a manner inconsistent with the Documentation and instructions; (d) the combination of the Software or Hardware with hardware or software not approved by Fortinet; (e) malfunction, modification or relocation of your Hardware or Software transferred to unapproved or unregistered devices; (f) your failure to use the Software and Services in accordance with local laws; or (g) business and/or service decisions based on reliance on the analysis or data aggregation results.
- Product Warranties. Except as expressly stated in its EULA, Fortinet does not provide any warranty whatsoever and nothing in this Agreement shall be construed as expanding or adding to the warranty set forth in the EULA. In the event of a conflict between this Agreement and the EULA, the EULA shall govern. Fortinet cannot guarantee that every question or problem raised in connection with the Services will be addressed or resolved, and in no event does Fortinet warranty or guaranty security and protection from all threats. EXCEPT FOR WARRANTIES CLEARLY AND EXPRESSLY STATED HEREIN, NOTWITHSTANDING ANYTHING TO THE CONTRARY, FORTINET MAKES, AND YOU RECEIVE, NO OTHER WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARISING IN ANY WAY OUT OF, RELATED TO, OR UNDER THIS AGREEMENT OR THE PROVISION OF MATERIALS OR SERVICES HEREUNDER, AND, TO THE EXTENT PERMISSIBLE BY LAW, FORTINET SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL FORTINET BE LIABLE TO THE CUSTOMER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR LOSS OF DATA HOWEVER CAUSED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE, WHETHER OR NOT FORTINET WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FORTINET’S TOTAL POSSIBLE LIABILITY TO THE CUSTOMER AND OTHERS ARISING FROM OR IN RELATION TO THIS AGREEMENT AND THE SERVICES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, SHALL BE LIMITED TO THE TOTAL PAYMENTS MADE BY CUSTOMER TO FORTINET UNDER THIS AGREEMENT DURING THE THREE HUNDRED SIXTY-FIVE (365) CALENDAR DAYS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION WILL APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE. IN NO EVENT WILL FORTINET BE LIABLE FOR THE COST OF PROCUREMENT OR REPLACEMENT OF SUBSTITUTE GOODS. IN THE EVENT FORTINET SUSPENDS OR TERMINATES SERVICES IN THE MIDDLE OF A SERVICE TERM FOR ANY REASON, NOTWITHSTANDING ANYTHING TO THE CONTRARY, FORTINET’S MAXIMUM LIABILITY SHALL BE THE PRO-RATED AMOUNT OF THE FEES ACTUALLY PAID TO FORTINET FOR SUCH SERVICES FOR THE PERIOD OF THE CURRENT TERM DURING WHICH NO SUCH SERVICES ARE PERFORMED (I.E. THE PRO-RATED AMOUNT PAID FOR THE PERIOD FROM SUSPENSION OR TERMINATION TO THE END OF THE CURRENT TERM). IN ALL EVENTS, CUSTOMER IS RESPONSIBLE TO WORK IN GOOD FAITH TO MITIGATE ANY DAMAGES CUSTOMER MAY REALIZE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR PERSONAL INJURY IN ANY JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
- Compliance with laws. Customer hereby agrees to comply with all applicable laws, such as data privacy and privacy disclosure laws. Fortinet’s Products and Services may be subject to the United States Export Administration Regulations and other import and export laws. Diversion contrary to United States law and regulation is prohibited. Customer agrees to comply with, and ensure compliance with, all applicable laws that apply to the products as well as the Customer and destination restrictions issued by U.S.
and other governments. As just one example, if Customer is a FortiPartner that provides Return Manufacture Authorization, or RMA, Services or other Services on behalf of another entity or otherwise provides Product or Services, Customer shall ensure proper, required export licenses are obtained for all Product, whether newly- purchased or RMA, prior to exporting those appliances and prior to providing any Services related to those appliances, if such export license is required. In addition, if Customer or the end-user on whose behalf Customer is providing RMA, Services or other Services is designated a Denied Party, Specially Designated National, on the Entity List, or otherwise subject to an export license requirement after this agreement, then Fortinet may terminate or suspend, in its sole discretion, any and all Services related to Product or Services exported without full compliance with applicable export laws. For additional information on U.S. export controls see bis.doc.gov. Fortinet assumes no responsibility or liability for Customer’s or partners’ failure to obtain any necessary import and export approvals. Customer represents that neither the United States Bureau of Industry and Security nor any other governmental agency has issued sanctions against Customer or otherwise suspended, revoked or denied Customer’s export privileges. Customer agrees not to use or transfer the Products or Services for any use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the United States Government by regulation or specific written license. Additionally, Customer agrees not to directly or indirectly export, import or transmit the Products or Services contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, import, transmission or use. Customer represents that Customer understands, and Customer hereby agrees to comply with, all requirements of the U.S. Foreign Corrupt Practices Act and all other applicable laws. Fortinet is not responsible for service delays or outages or loss of data resulting from activities related to Fortinet’s and its service partners compliance with export regulations and cooperation with applicable domestic or foreign regulatory agencies (e.g., delays caused by requirement to obtain required licenses).Customer agrees, acknowledges and warrants that it will take reasonable steps to ensure it will meet all legal requirement to assist law enforcement agencies.
- Survival of terms. The terms contained herein which by their nature are intended to survive the termination of this Agreement shall do so.
- Transferability. Customer may not assign or otherwise transfer this Agreement without written consent form Fortinet. Any attempted assignment or attempted transfer without Fortinet’s consent shall be null and void. Fortinet may assign its rights and obligation under this Agreement to a third party without consent from Customer.
- Entire Agreement. The provisions of this Agreement constitute the entire agreement between the parties with respect to the subject matter hereof, and this Agreement supersedes all prior agreements or representations, oral or written, regarding such subject matter. With the exceptionof the EULA, this Agreement takes precedence over any conflicting provisions in a document a Fortinet portal website, such as a service description or support portal terms. This Agreement may be modified or amended only in accordance with Section 4.10 herein. All notices from Customer to Fortinet must be made by opening a new support ticket through the Support Portal.
- Confidential information. Customer may be exposed to certain information concerning the Products and Services including, without limitation, maintenance releases (regularly scheduled and released updates and upgrades to software), feature releases (enhancements released through Fortinet’s Product planning practices or through Customer requests) and other product, service or business information, which is Fortinet’s confidential or proprietary information (herein “Confidential Information”). The Customer agrees that during and after the term of this Agreement, the Customer will not use or disclose to any third party any Confidential Information without the prior written consent of Fortinet, and Customer will use reasonable efforts to protect the confidentiality of such Confidential Information. The Customer may disclose the Confidential Information only to its employees as is reasonably necessary for the purposes for which such information was disclosed to customer; provided that each such employee is under a written obligation of nondisclosure which protects the Confidential Information under terms substantially similar to those herein. Fortinet may process and store customer data in the United States or any other country in which Fortinet or its agents work or maintain facilities. Customer will take reasonable steps not to disclose to Fortinet any personally identifiable, confidential or sensitive data, and customer hereby consents to Fortinet’s processing and storage of customer data. Customer acknowledges and agrees that Fortinet is merely a data processor.
- Governing Law, venue and settlement ofcontroversies.
This Agreement shall be governed by the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents, without regard to the principles of conflict of laws or the United Nations Convention on Contracts for the International Sale of Goods. Any controversies or claims arising from or relating to this Agreement, or the breach hereof, which cannot be amicably settled by and between the parties, shall be referred to and finally settled by arbitration. The place of arbitration shall be Santa Clara, California, pursuant to the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services (JAMS), or its successor, before a sole, mutually agreed upon arbitrator and shall be conducted in English. Award for such dispute will be rendered by a single, neutral, mutually agreeable arbitrator. The parties specifically consent and agree that the Federal Courts located in the Northern District of California will have exclusive jurisdiction over enforcement of any arbitration decisions.
- Taxes and Duty.
All prices payable under this Agreement are exclusive of all foreign, federal, state, municipal tax or duty now in force or enacted in the future.
Customer shall comply with all applicable tax laws and regulations and the Customer will promptly pay or reimburse Fortinet for any costs and damages related to any liability incurred as a result of Customer’s noncompliance or delay with its responsibilities herein. The Customer’s obligations under this section shall survive termination or expiration of this Agreement.
- English language and interpretation. This Agreement is in the English language only, which language shall be controlling in all respects. Any versions of this Agreement in any other language will be for accommodation only and will not be binding upon either party. In construing or interpreting this Agreement, the word “or” shall not be construed as exclusive, and the word “including” shall not be limiting. The parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either party and that ambiguities shall not be interpreted against the drafting party.
- No waiver and severability. Failure by Fortinet to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The exercise by either party of any remedy under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. If for any reason a court of competent jurisdiction or an agreed-upon arbitrator finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
- Force Majeure. Fortinet shall be excused from performance to the extent performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers or any other reason where failure to perform is beyond Fortinet’s reasonable control.
- Future Functionality. Customer agrees that its purchases of Products or Services are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Fortinet regarding future functionality or features.
- Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
No Third-Party Beneficiaries. There are no third- party beneficiaries to this Agreement. For clarity, End Users (as defined in Section 9) are not third-party beneficiaries to this Agreement.
On-demand and Premium Support.
This includes the ASE FortiCare service (Advanced Support Engineer), which provides direct access to the best support resources. Premium RMA services provide expedited delivery and optional onsite assistance when hardware needs to be replaced. And the Fortinet Secure RMA service supports customers that cannot return replaced hardware due to physical data protection requirements.
Active Support and Direct Engagement.
Customers can leverage multiple levels of personalized engagement, often with designated experts who get to know the customer’s infrastructure. These services provide enhanced services such as detailed recommendations on best practices, training for team members, and regular reviews of results.
Fortinet Professional Services.
Expert engineers on the Professional Services team can provide a customized engagement that includes service design, transition, and operational services for Fortinet solutions. Deployment assistance can range from full quick-start deployment services to architectural design to migration assistance. Operational services include health checks, knowledge transfer, and process definition
FortiCare Use Cases
Cisco Smart Net Total Care reduziert Ausfallzeiten durch schnellen, kompetenten technischen Support und flexible Hardwareabdeckung durch das Cisco Technical Assistance Center (TAC). Es bietet außerdem integrierte intelligente Funktionen, die aktuelle Informationen zu Ihrer installierten Basis, Verträgen und Sicherheitswarnungen bereitstellen, um die Effizienz Ihrer Support-Workflows zu verbessern.
- Lösen Sie Probleme schneller, indem Sie Probleme schnell identifizieren und Ihre Incident-Management-Prozesse optimieren, um die IT-Service-Levels zu verbessern.
- Reduzieren Sie das Risiko, indem Sie auf technische Experten und intelligente Tools von Cisco zugreifen, die den Überblick über den Status Ihrer IT-Infrastruktur 24 Stunden am Tag und 365 Tage im Jahr verbessern.
- Steigern Sie die betriebliche Effizienz durch proaktive Management-Tools und automatisierte Prozesse, die Netzwerkadministratoren und -manager produktiver machen.
- Preisgekrönter technischer Support von Cisco TAC
- Erweitern Sie den Hardwareaustausch in nur zwei Stunden
- Zugriff auf Online-Ressourcen
- Anspruch auf von Cisco installierte Basisinformationen über intelligente Funktionen
Cisco kann Ihnen bei Bedarf mehr hochwertige und personalisierte Services anbieten:
- Softwareunterstützung – Basic, Enhanced und Premium
Der Cisco Software Support bietet umfassende Abdeckung – von der grundlegenden Unterstützung bis hin zu erweiterten und Premium-Levels – für Ihre Cisco-Softwareanwendungsprodukte. Mit dem Basis-Service-Level können Sie sicherstellen, dass Ihre Systeme und Geschäftsanwendungen reibungslos funktionieren. Holen Sie sich die erweiterten oder Premium-Service-Levels, um die vollen Vorteile Ihrer Cisco-Software zu nutzen. Unsere Experten unterstützen Ihr Team beim Product Onboarding, einem IT-Einführungsplan, bieten proaktiven Support und helfen bei der schnellen Lösung und häufig Vermeidung von Problemen.
Maximieren Sie die Leistung, Zuverlässigkeit und den ROI Ihrer Cisco-Lösung mit dem Cisco Solution Support. Sie erhalten Zugriff auf ein Team von Cisco-Lösungsexperten, das Ihr primärer Ansprechpartner ist und zentralen Support für Ihre Multiprodukt- und Multivendor-Bereitstellung bietet. Egal, ob Sie ein Problem mit einem Cisco-Produkt oder einem Produkt eines anderen Anbieters haben oder nur nach Anleitung und Sicherheit für Ihre neue Lösung suchen – kontaktieren Sie uns einfach. Wir nehmen es von dort und bleiben für Ihren Fall verantwortlich, vom ersten Anruf bis zur Lösung.
- Geschäftskritische Dienste
Mit Cisco Business Critical Services können Sie als nächste Generation von Optimierungsdiensten den vollen Wert der vorhandenen Netzwerkfunktionen nutzen. Optimieren Sie Ihren IT-Betriebsablauf, damit Sie sich auf Innovationen konzentrieren können. Bei jedem Schritt des Weges wird unser Expertenteam Ihren Erfolg leiten. Treffen Sie fundierte Entscheidungen schneller mit Daten, die einfach zu konsumieren und zu verarbeiten sind. Erkennen Sie Probleme in Echtzeit und öffnen Sie TAC-Fälle automatisch ohne menschliches Eingreifen. Optimieren Sie die Verwaltung Ihres Netzwerks mit leistungsstarken Tools und Cisco-Experten, die Ihr Netzwerk kennen. Und schnell gegen Cyber-Angriffe vorgehen. Besser noch, verhindern Sie sie.
Receive best-in-class traditional 24×7 support. Take advantage of award-winning online support that is rated one of the ten best Web support sites for an industry unprecedented six consecutive years, according to the Association of Support Professionals (ASP). No other networking company has won more than three consecutive ASP awards.
- Is maximized network availability a priority for your organization?
- is your internal IT staff stretched too thin?
- Do you need to reduce network-based risk while increasing the value of your network investment?
- Would you like to reduce your current support costs?
If you answered “yes” to any or all of these questions, you will benefit from Juniper Care Services. Experts in achieving network availability levels, our engineers and technicians can help your organization meet the most aggressive network demands through operational support that ensures maximum uptime, utility, and value.
Juniper Care combines traditional 24×7 remote technical support, hardware replacement services, and online support. More than a simple break-fix service, Juniper Care helps you meet network demands with technical and operational support designed to keep your network running reliably, while at the same time protecting your high-performance networking investment.
- Integrate your customer relationship management (CRM)/ticketing systems with Juniper’s through a set of easy-to-use and well-defined Juniper Support APIs to provide B2B integration.
- Juniper Care Plus delivers proactive and personalized services, evolves with your business initiatives and provides the highest network availability
- Juniper Care improves staff productivity and decreases operational costs through award winning 24×7 support and automation