FAQ

EULA rev. February 2019 CONFIDENTIAL Page 4 of 11
B. Software. RSA warrants that Software will substantially conform to the applicable Documentation for such Software and that any
physical media provided by RSA will be free from manufacturing defects in materials and workmanship until the expiration of the
warranty period. RSA does not warrant that the operation of Software shall be uninterrupted or error free, that all defects can be corrected,
or that Software meets Customer’s requirements, except if expressly warranted by RSA in its quote. Support Services for Software are
available for separate purchase and the Support Options are identified at the Product Notice.
C. Duration. Unless otherwise stated on the RSA quote, the warranty period from RSA for Products shall be as set forth at the Product
Notice. Equipment warranty commences upon Delivery. Software warranty commences upon Delivery of the media or the date
Customer is notified of electronic availability, as applicable. Equipment upgrades are warranted from Delivery until the end of the
warranty period for the Equipment into which such upgrades are installed.
D. Customer Remedies.
i. Equipment. RSA’s entire liability and Customer’s exclusive remedies under the warranties described in this Section shall be for RSA,
at its option, to remedy the non-compliance or to replace the affected Equipment, and if RSA is unable to effect such within a reasonable
time, then RSA shall refund the amount paid by Customer for the affected Equipment as depreciated on a straight line basis over a five
(5) year period, upon return of such Equipment to RSA. All replaced Equipment or portions thereof shall be returned to and become the
property of RSA. If such replacement is not so returned, Customer shall pay RSA’s then current spare parts price therefore. RSA shall
have no liability hereunder after expiration of the applicable warranty period.
ii. Software. If Customer discovers a non-conformity in the Software during the Warranty Period, then RSA’s entire liability and
Customer’s exclusive remedy shall be as follows: Customer shall submit to RSA a written report describing the non-conformity in
sufficient detail to permit RSA to reproduce such non-conformity. If RSA successfully reproduces the reported non-conformity and
confirms that it is a non-conformity, then RSA shall use commercially reasonable efforts, at its option, to (1) correct the non-conformity,
(2) provide a work around or software patch (a “Fix”), or (3) replace the RSA Software. If RSA determines that none of these alternatives
is reasonably available, then, upon Customer’s request, RSA shall refund any payments that Customer has made for the affected RSA
Software and accept its return. This warranty applies only to the initial delivery of the RSA Software.
E. Exclusions. Warranty does not cover problems that arise from (i) accident or neglect of the Equipment by Customer or any
third party; (ii) any third party items or services with which the Product is used or other causes beyond RSA’s control; (iii) installation,
operation or use not in accordance with RSA’s instructions or the applicable Documentation; (iv) use in an environment, in a manner or
for a purpose for which the Product was not designed; or (v) modification, alteration or repair by anyone other than RSA or its authorized
representatives; or (vi) in case of Equipment only, causes not attributable to normal wear and tear. RSA has no obligation whatsoever
for Software installed or used beyond the licensed use, for Equipment which was moved from the Installation Site without RSA’s consent
or whose original identification marks have been altered or removed.
F. No Further Warranties. EXCEPT AS EXPRESSLY STATED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, WITH REGARD TO PRODUCTS, SERVICES OR ANY OTHER ITEMS OR MATTERS ARISING
HEREUNDER, RSA (INCLUDING ITS SUPPLIERS) MAKES NO OTHER EXPRESS WARRANTIES, WRITTEN OR ORAL, AND
DISCLAIMS ALL IMPLIED WARRANTIES. INSOFAR AS PERMITTED UNDER APPLICABLE LAW, ALL OTHER
WARRANTIES ARE SPECIFICALLY EXCLUDED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY
WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF
TRADE.
6. SERVICES.
A. Maintenance Services. RSA shall provide Maintenance Services for Software licensed to Customer and the Equipment for the
period specified on the applicable Schedule or Quote.
B. Other Services. RSA will provide other pre-packaged Services including Training Services (other than Maintenance Services
which shall be provided pursuant to Section 6.A above), subject to availability, in accordance with RSA’s price list in effect at the time
such Services are ordered.
7.
A.
Customer Indemnity. Customer will defend and indemnify RSA and its Affiliates against any third party claim resulting or arising from:
(i) Customer’s failure to obtain any appropriate license, intellectual property rights, or other permissions, regulatory certifications, or approvals
associated with technology or data that Customer provides to RSA or its Affiliates, or with non-RSA software or other components that
Customer directs or requests that RSA or its Affiliates use with, install, or integrate as part of the Products or Services;
(ii) Customer’s violation of RSA’ or its Affiliates’ proprietary rights;
(iii) Customer’s misrepresentation of facts regarding an export license or any allegation made against RSA or its Affiliates due to Customer’s
violation or alleged violation of applicable export laws;
(iv) Customer’s transfer or provision of access to Excluded Data to any Supplier or its Affiliates ; or
(v) the Excluded Claims.
(vi) “Excluded Data” means: (i) data that is classified, used on the U.S. Munitions list (including software and technical data) or both; (ii)
articles, services, and related technical data designated as defense articles and defense services; and (iii) ITAR (International Traffic in Arms
Regulations) related data; and (iv) other personally identifiable information that is subject to heightened security requirements as a result of
Customer’s internal policies or practices or by law. Customer acknowledges that products and services provided under the CSA are not