HARDWARE SUPPORT TERMS
These Hardware Support and Maintenance Terms apply to Brocade Hardware Products and govern your purchase and use of Brocade’s Support.
- Support Plans. Brocade’s Support Plans for Hardware are described on the Support Pages of Brocade.com. The policies and other terms and conditions posted on the Support Pages on Brocade.com are in addition to these Hardware Support and Maintenance Terms. In the event of a conflict between these Hardware Support and Maintenance Terms and the terms listed on the Support Pages on Brocade.com, the terms on the Support Pages on Brocade.com shall control.
- Support Plan Term. The initial term of each Support Plan (the “Initial Support Term”) is the duration stated in your Order, beginning at one of the following times: (i) for newly purchased Hardware, on the date of shipment; or (ii) for previously shipped Hardware, on the effective date specified in your Order. 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. If your Order is for up to $20,000 of support on an annual basis, your Order will automatically renew at the end of the current support term for successive one-year periods, unless you give Brocade written notice not to renew support at least thirty (30) days prior to the end of the current support term. Upon automatic renewal, Brocade shall be entitled to invoice you for the renewed term of support. This automatic renewal of support shall be given effect to the maximum extent allowed by applicable law. Brocade may increase the fees applicable to each Renewal Support Term by giving written notice of the increase at least thirty (30) days prior to the expiration of the Initial Support Term or then-current Renewal Support Term, provided that such increase will not exceed Brocade's then current commercial list price.
- Cancellation. You may cancel a Support Plan for Hardware at any time upon thirty (30) days prior written notice to Brocade. Brocade will credit you the prepaid, unused fees for the Support Plan, less any prepayment or multi-year discount to which you are no longer entitled. Notwithstanding the foregoing, unless otherwise expressly agreed to by Brocade, charges for a Support Account Manager (“SAM”) or Onsite Engineer (“OSE”) are non-refundable and non-cancellable. In addition, if your support has been automatically renewed in accordance with Section 2 above, in which case you may only cancel the next year’s support by giving written notice not to renew at least thirty (30) days prior to the end of the current support term, and no credit for prepaid, unused fees will be provided.
- 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:
- A description of the issue
- The product’s serial number, WWN, or Network/System ID
- Details about whether the Brocade product has been installed and is operating in a production environment.
- The types and vendors of hosts/servers, storage, and host bus adapters, as well as the firmware/operating system versions and driver versions for hosts.
- A complete list of host and storage type
- The severity of the issue
- The OEM or Primary Support Provider case reference number
- Response Flow. Brocade Technical Support will help troubleshoot the reported issue and in accordance with the provisions of the Brocade Support Plan you have purchased, will dispatch a service technician to the site with the necessary replacement parts. Delivery times may vary due to customs and local regulations which are outside of Brocade’s control and responsibility. You may be responsible for importation costs, brokerage fees, import duties, and taxes. Next-business-day delivery is not available on certain holidays. To determine if your specific location is within the specified distance for next-business-day delivery, please visit the Support Pages on Brocade.com.
- Severity Definitions. An existing network is down or there is a critical impact to your business operations. No workaround is yet available.
- Severity 1 (Critical): Network Down — An existing network is down or there is a critical impact to your business operations. No workaround is yet available.
- Severity 2 (High): Serious Degradation — Operations of an existing network are severely degraded, or significant aspects of your business operations are being negatively impacted by unacceptable network performance.
- Severity 3 (Medium): Performance Impact — Operational performance of the network is impaired, while most business operations remain functional.
- Severity 4 (Low): Information or Assistance — Product issue being reported has little or no negative impact to the business operation.
- 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. YYou 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.
- Software Support. Brocade provides limited support and maintenance for Embedded Software as set forth in the policies on Brocade.com.
- 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