Reference Guide

Internal Use - Confidential
stated below. Customer may only return Products to Supplier that are permitted to be returned pursuant
to the return policy at www.dell.com/returnspolicy.
4. Software Licenses.
Customer’s rights to use the Software delivered by Supplier are governed by the terms of the applicable
end-user license agreement. Unless different terms have been agreed between the parties, the terms
posted on www.dell.com/eula (the “EULA”) shall apply. Supplier will provide a hard copy of the applicable
terms upon request. Unless expressly otherwise agreed, microcode, firmware or operating system
software required to enable the Equipment with which it is shipped to perform its basic or enhanced
functions, is licensed for use solely on such Equipment.
5. Services.
5.1 Support Services.
A. Scope and Term. Supplier shall provide Support Services in accordance with the applicable Service
Description or Product Notice, for the (initial or renewal) period agreed in the applicable Order. Unless
otherwise agreed therein, the initial Support Services procured together with the purchase of a Product
start on the commencement date of the applicable warranty period (as specified in clause 7).
B. Support Availability and Release Cycles. Availability of Support Services is governed by Supplier’s
“End-of-Service-Life” policies, to be made available to Customer upon request. Subject to such policies,
Support Services for Software apply to the current and the immediately prior release of the Software.
C. Limitations. Support Services do not cover any of the following: (i) problems that are excluded from
warranty coverage according to clause 7.5, below; (ii) problems that cannot be reproduced at Supplier’s
facility or via remote access to Customer’s facility; (iii) onsite activities for Equipment that is located
outside of the applicable service area (unless otherwise provided in a Service Description); (iv) providing
media replacement, operating supplies, cosmetic accessories or parts such as frames, and cover or
support on those items; or (v) repairing damage or defects in Equipment that are purely cosmetic and do
not affect device functionality.
D. Maintenance Tools and Spare Parts. Supplier may, at its discretion, store tools and spare parts used
by Supplier to perform diagnostic or remedial activities in connection with Products at the Customer’s site
or on Customer’s systems, and Customer agrees that such are for use only by Supplier authorized
personnel and further authorizes Supplier to remove and/or disable them when no longer needed by
Supplier to provide its Services.
E. Replacements. All replaced Equipment or components thereof shall be returned to Supplier and
become the property of Supplier upon receipt of the replaced Equipment or components at the specified
Supplier facility unless specifically agreed otherwise in an Order. If Customer does not return a replaced
component or Equipment within 15 days after receipt of Supplier’s request, then Customer must pay
Supplier at the then-current spare parts list price for the Equipment or portions that Customer has failed to
return. If Supplier determines that a component of a defective Equipment product is “customer-
replaceable”, i.e. one that is easily disconnected and reconnected, or if the Supplier determines that the