Document 1775600

EMC XTREMIO XPECT MORE 2.1 PROGRAM 2016
TERMS AND CONDITIONS
(issued: 29 Apr 2016)
These are the Terms and Conditions of EMC XtremIO® Xpect More 2.1 Program (“Program”):
Availability: The Program is available to purchasers who buy XtremIO X-Brick® directly from EMC (“Customer”). This is also available
from authorized resellers (“Channel Partners”) that offer these program benefits (see “Channel Partner” below).
Offer: Between 01 Nov 2015 and 31 Dec 2016 (“Offer Period”) Customers must pre-purchase three (3) years of EMC’s Premium
Support services concurrent with the purchase of XtremIO X-Brick (“Product”) to receive Program benefits:
1. Lifetime Maintenance Price Protection. Customer may elect to renew Premium Support from EMC for subsequent years at the
same annual fee paid to EMC with the initial purchase, through the Product’s end of service life as determined by EMC
(“Lifetime”), provided that maintenance services for the XtremIO product are still generally available from EMC. If Customer later
upgrades the Product, Lifetime Maintenance Price Protection (“Price Protection”) will be extended to the Product upgrades, only
if, concurrently with the upgrade(s), Customer purchases the same level of support as purchased on the original Product, and it’s
coterminous with the support period on the original Product purchase. The annual cost to renew support on the Product as
upgraded will then be the annualized price paid by the Customer for the initial support period, plus the annualized price paid for
support on the upgrade.
2. Investment Protection – Warranty Coverage Summary. A full statement of EMC’s warranty terms are stated in Customer’s
purchase agreement with EMC. By way of summary: for three (3) years from the date of initial purchase and as long as a valid
Premium Support contract is maintained, if EMC’s XtremIO Product does not operate in accordance with EMC’s published
specifications, EMC’s entire liability and Customer’s exclusive remedy shall be for EMC, at its option, to either repair or replace
the affected XtremIO Product, and if EMC is unable to effect such within a reasonable time, then EMC shall refund the amount
paid by Customer for the affected XtremIO Product as depreciated on a straight line basis over a five (5) year period, upon return
of such XtremIO Product to EMC. EMC’s warranty is subject to the limitations and restrictions found in your purchase agreement
with EMC and the Product Notice at http://www.emc.com/customer-services/product-warranty-and-service-descriptions.htm.
3. Lifetime Flash Endurance Protection. Throughout the Product’s Lifetime, Customer shall have the right to receive a free SSD
(solid state disk) replacement as proactive non-disruptive drive if the endurance remaining (as defined below) for that SSD is less
than five percent (5%) as determined by EMC, provided that the Customer is under EMC’s Premium Support plan for that period
as further described below. Endurance remaining shall be defined as the average remaining erase cycles left on all flash chips.
This information is collected on a daily basis and is also displayed in the CLI/UI (Command Line Interface / User Interface).
Limitations: To receive these benefits Customer must maintain, and remain current on payment for, the related Premium Support
for the XtremIO Product with no gaps in coverage for the duration, and must have EMC’s Secure Remote Services (ESRS) enabled.
Price Protection does not apply to “Open or Platform” software not bundled in the original Product configuration sold to Customer
by EMC. Program benefits are not transferrable to another end-user customer.
Renewal Purchases: Customers renewing Premium Support from EMC during the Offer Period (“Renewal”), for Product purchased
on or after 01 Jan 2015 but before 01 Nov 2015 that was the subject of uninterrupted Premium Support, will receive Program
benefits #1 and #3. Benefit #1 applies to future support purchases, based on the price paid for the Renewal.
Channel Partners: Channel Partners may offer their purchasers reciprocal Program benefits provided Channel Partners reference the
Program in sales documents with their purchasers, and remain in compliance with the Program requirements.
Other Terms: Program is void where prohibited. All times are Eastern US Time. Program is offered by EMC or its applicable affiliates.
Details and other limitations not specified will be determined by EMC in its sole discretion. Failure to enforce a term shall not
constitute a waiver by EMC. Program is subject to change or cancellation by EMC without notice, but any such change will only apply
to new purchases and not retroactively. These terms automatically apply to applicable Customer Product purchases from EMC.
©2016 EMC Corporation. All rights reserved. EMC2, EMC, XtremIO, X-Brick, and the EMC logo, are registered trademarks or trademarks of EMC Corporation in the
United States and other countries. All other trademarks are the property of their respective owners.
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