SUPPLEMENTAL TERMS FOR THE PRE-GA VERSIONS OF DELL’S ENDPOINT SECURITY SUITE ENTERPRISE AND ENTERPRISE ENCRYPTION SERVICES DELIVERED VIA DELL DATA SECURITY CLOUD MANAGEMENT CONSOLE

These Supplemental Terms (the “Dell Data Security Supplemental Terms”) for the Pre-GA versions of Dell’s Endpoint Security Suite Enterprise and Enterprise Encryption Services (each individually, a “Dell Data Security Service” and collectively, the “Dell Data Security Services”) supplement the Dell EMC Cloud Services Terms of Service (“Terms of Service”). Capitalized terms not otherwise defined herein are defined in the Terms of Service. In the event of a conflict between the Terms of Service and these Dell Data Security Supplemental Terms, these Dell Data Security Supplemental Terms shall supersede. For purposes of these Dell Supplemental Terms, the Dell Data Security Services shall be considered “Pre-GA Services” as that term is defined and used in the Terms of Service.

 

LICENSING ENTITY:
The Dell Data Security Services are licensed to Customer by Dell Marketing L.P. or the Dell EMC entity identified in the applicable Order (in either case, "Dell").  For purposes of the Dell Data Security Services, all references in the Terms of Service to Dell EMC shall mean Dell.

PRE-GA SERVICES:

Customer understands and agrees that the Dell Data Security Services are Pre-GA Services subject to Section 9 of the Terms of Service. 

PROVISIONING SERVICES:

Upon commencement of the Service Period, Customer will receive an e-mail communication with instructions to access a web-based portal and quick start guide that will permit Customer to provision and access the use of the applicable Dell Data Security Service(s) Ordered by Customer. Provisioning assistance will be provided by Dell’s site operations team, and instructions for contacting the site operations team will be provided to Customer in an e-mail communication.  

SERVICE PERIOD:

The Service Period for a Dell Data Security Service will begin once the tenant is provisioned and will continue for a duration of ninety (90) days unless otherwise terminated as set forth in the Terms of Service. The Service Period will not extend beyond ninety (90) days unless otherwise agreed to by Dell and the Customer in writing via e-mail.

FEES AND PAYMENT TERMS:

There is no fee for use of the Pre-GA version of the Dell Data Security Services during the Service Period, however, Customer may be responsible for taxes which may be incurred, and any fees which may be associated with usage of the Dell Data Security Services beyond the scope permitted herein.

USE OF RELATED SOFTWARE:

Customer may install and use the Related Software in executable form only on the number and type of devices that are specified in the then-current documentation for the account type identified in the Order as described on www.dell.com or as specified in other transaction documentation provided by Dell.

SERVICE PREQREQUISITES:

In order to use the Dell Services, Customer must use Microsoft Azure Active Directory Services and be able to supply the needed credential and information detailed in the quick start guide. 

ADMINISTRATION:

Customer will specify one or more administrative users who will have rights to manage Customer’s deployment and use of the Dell Data Security Services and Related Software through an administrative console (“Administrators”). Administrators will (i) authorize End Users access rights to the Dell Data Security Services, (ii) control the provisioning of End User accounts and devices, and (iii) control the security settings of the Dell Data Security Services and Related Software, including management of encryption keys and passwords. Customer agrees that Dell is not responsible for the internal management and administration of the Dell Data Security Services for Customer.

TECHNICAL SUPPORT:

Customer shall use commercially reasonable efforts to respond to questions from End Users relating to their use of the Dell Data Security Services. If Customer is unable to resolve an issue, then Administrators or Customer’s designated support representatives may escalate the issue to the Dell site operations team using the contact information provided by Dell in an email during the provisioning process. Technical support for the Services may be provided by Dell in its sole discretion during the Service Period and will be restricted to United States business hours (central time zone). Dell makes no guarantees or commitments of any kind regarding such support.

PRIVACY:

Customer agrees that Dell’s collection, use and disclosure of Customer’s personal information, Content provided to Dell, or any other data Customer provides to Dell or places within the Dell Data Security Services or Related Software will be governed by Dell’s Privacy Policy located at www.dell.com/privacy, the Terms of Service, these Dell Data Security Supplemental Terms, and the laws generally applicable to Dell as a provider of the Dell Data Security Services. Dell may update its Privacy Policy from time-to-time but any changes that would have the effect of reducing the obligations of Dell shall only be effective as to Orders placed after the effective date of the relevant change.

CUSTOMER’S CONTENT UPON TERMINATION:

Notwithstanding anything otherwise set forth in the Terms of Service, following the termination or expiration of the Terms or Service or a Service Period, Customer will no longer have the ability to view or export its Content and all Content and encryption keys will be permanently deleted from the applicable Dell Data Security Service. Customer hereby instructs Dell to delete all Content, including any cached or backup copies, and all encryption keys, following the termination or expiration of the Terms of Service or a Service Period. Customer understands and agrees that (i) Dell has no additional obligations to continue to hold, export, or return Content or encryption keys following the termination or expiration of the Terms of Service or a Service Period, and (ii) Dell has no liability for deletion of Content or encryption keys pursuant to the Terms of Service or these Dell Data Security Supplemental Terms.