ATTACHMENT A CONTRACTOR SUPPLEMENTAL PRICELIST INFORMATION AND TERMS EMC CORPORATION EMC CORPORATION LICENSE, WARRANTY AND SUPPORT TERMS CLICK HERE for additional EMC Corporation terms/descriptions: (Software Use Rights, Basic/Enhanced/Premium Support Terms, Warranty/Limited Warranty/Maintenance Terms) 1. DEFINITIONS. A. “Documentation” means the then-current, generally available, written user manuals and online help and guides for Products provided by LICENSOR. B. “Products” mean “Equipment” (which is the hardware delivered by LICENSOR to Customer) and/or “Software” (which is any programming code provided by LICENSOR to Customer as a standard product, also including microcode, firmware and operating system software). C. “Product Notice” means the notice by which LICENSOR informs Customer of product-specific use rights and restrictions, warranty periods, warranty upgrades and maintenance (support) terms. Product Notices may be delivered in an LICENSOR quote, otherwise in writing and/or a posting on the applicable LICENSOR website, currently located at http://www.emc.com/products/warranty_maintenance/index.jsp D. “Software Release” means any subsequent version of Software provided by LICENSOR after initial Delivery of Software, but does not mean a new Product. E. “Eligible Ordering Activities” are those agencies and activities authorized under 552.238-78 Scope of Contract (Eligible Ordering Activities) and GSA Order ADM 4800.2G, February 16, 2011, to use GSA Schedule 70. An Eligible Ordering Activity is a “Customer”. Eligible Ordering Activities that are Executive agencies (as defined in FAR Subpart 2.1), including non-appropriated fund activities as prescribed in 41 CFR 101-26.000, are referred to as “Executive Customers”. All other Eligible Ordering Activities are referred to as “Other Customers”. 2. LICENSE TERMS. A. General License Grant. LICENSOR grants to Customer a nonexclusive and nontransferable (except as otherwise permitted herein) license (with no right to sublicense) to use (i) the Software for Customer’s internal business purposes; and (ii) the Documentation related to Software for the purpose of supporting Customer’s use of the Software. Licenses granted to Customer shall, unless otherwise indicated on the LICENSOR quote, be perpetual and commence on Delivery of the physical media or the date Customer is notified of electronic availability, as applicable. B. Licensing Models. Software is licensed for use only in accordance with the commercial terms and restrictions of the Software’s relevant licensing model, which are stated in the Product Notice and/or LICENSOR quote. For example, the licensing model may provide that Software is licensed for use solely (i) for a certain number of licensing units; (ii) on or in connection with certain equipment, or a CPU, network or other hardware environment; and/or (iii) for a specified amount of storage capacity. Microcode, firmware or operating system software required to enable the Equipment with which it is shipped to perform its basic functions, is licensed for use solely on such Equipment. C. License Restrictions. All Software licenses granted herein are for use of object code only. Customer is permitted to copy the Software as necessary to install and run it in accordance with the license, but otherwise for back-up purposes only. Customer may copy Documentation insofar as reasonably necessary in connection with Customer’s authorized internal use of the Software. Customer shall not, without LICENSOR's prior written consent (i) use Software in a service bureau, application service provider or similar capacity; or (ii) disclose to any third party the results of any comparative or competitive analyses, benchmark testing or analyses of LICENSOR Products performed by or on behalf of Customer; (iii) make available Software in any form to anyone other than Customer’s employees or contractors; or (iv) transfer Software to an Affiliate or a third party. D. Software Releases. Software Releases shall be subject to the license terms applicable to Software. E. Audit Rights. LICENSOR shall have the right to audit Customer’s usage of Software to confirm compliance with the agreed terms. Such audit is subject to reasonable advance notice by LICENSOR and shall not unreasonably interfere with Customer’s business activities. Customer will provide LICENSOR with the support required to perform such audit and will, without prejudice to other rights of LICENSOR, address any non-compliant situations identified by the audit by forthwith procuring additional licenses. If the Customer is an Executive Customer the audit shall be scheduled at a mutually acceptable time and shall be subject to Executive Customer’s security clearance requirements and systems access requirements. For Executive Customers non-compliant situations are subject to paragraph 2.F. Disputes. F. Disputes. For a EULA with an Executive Customer LICENSOR shall comply with FAR 52.212-4 (d) Disputes for requests for equitable adjustment, claims, appeals or actions arising under this EULA, including Executive Customer breaches of the terms governing use of the Software. EULA’s with Other Customers are not subject FAR 52.212-4 (d) Disputes. . G. Reserved Rights. All rights not expressly granted to Customer are reserved. In particular, no title to, or ownership of, the Software is transferred to Customer. Customer shall reproduce and include copyright and other proprietary notices on and in any copies of the Software. Unless expressly permitted by applicable mandatory law, Customer shall not modify, enhance, supplement, create derivative works from, reverse assemble, reverse engineer, decompile or otherwise reduce to human readable form the Software without the manufacturer's prior written consent, nor shall Customer permit any third party to do the same. H. Other License Terms. Some Products are provided with a “clickwrap” agreement included as part of the installation and/or download process, or a “shrinkwrap” agreement included in the packaging for the Product. (i) For Products for which the LICENSOR is the licensor, the terms of this EULA shall prevail over conflicting terms in a clickwrap or shrinkwrap agreement. (ii) With regard to Products for which the LICENSOR is not the licensor, the terms of such clickwrap or shrinkwrap agreement shall be provided to the Executive Customer’s Contracting Officer in written form as an attachment to individual quotations for review and approval. Subject to Contracting Officer approval, the clickwrap or shrinkwrap agreement shall prevail over conflicting terms in the EULA with regard to Products for which the LICENSOR is not the licensor. 3. PRODUCT WARRANTY. A. Software Warranty. LICENSOR warrants that Software will substantially conform to the applicable Documentation for such Software and that any media will be free from manufacturing defects in materials and workmanship until the expiration of the warranty period. LICENSOR 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 LICENSOR in its quote. Support Services for Software are available for separate purchase and the Support Options are identified at the Product Notice. B. Warranty Duration. Unless otherwise stated on the LICENSOR quote, the warranty period 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. C. Customer Remedies. LICENSOR’s entire liability and Customer’s exclusive remedies under the warranties described in this section shall be for LICENSOR, at its option, to remedy the non-compliance or to replace the affected Product. If LICENSOR is unable to effect such within a reasonable time, then LICENSOR shall refund the amount paid by Customer for the Product concerned as depreciated on a straight line basis over a five (5) year period, upon return of such Product to LICENSOR. All replaced Products or portions thereof shall be returned to and become the property of LICENSOR. If such replacement is not so returned, Customer shall pay LICENSOR’s then current spare parts price therefore. If the Customer is an Executive Customer, LICENSOR claims for nonreturned Products are subject to paragraph 2.F. Disputes. LICENSOR shall have no liability hereunder after expiration of the applicable warranty period. D. Warranty Exclusions. Warranty does not cover problems that arise from (i) accident or neglect by Customer or any third party; (ii) any third party items or services with which the Product is used or other causes beyond LICENSOR’s control; (iii) installation, operation or use not in accordance with LICENSOR’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; (v) modification, alteration or repair by anyone other than LICENSOR or its authorized representatives; or (vi) in case of Equipment only, causes not attributable to normal wear and tear. LICENSOR has no obligation whatsoever for Software installed or used beyond the licensed use, for Equipment which was moved from the Installation Site without LICENSOR’s consent or whose original identification marks have been altered or removed. Removal or disablement of Equipment’s remote support capabilities during the warranty period requires reasonable notice to LICENSOR. Such removal or disablement, or improper use or failure to use applicable Customer Support Tools shall be subject to a surcharge in accordance with LICENSOR’s then current standard rates. E. No Further Warranties. Except for the warranty set forth in this EULA, LICENSOR (INCLUDING ITS SUPPLIERS) MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, WRITTEN OR ORAL. INSOFAR AS PERMITTED UNDER APPLICABLE LAW, ALL OTHER WARRANTIES ARE SPECIFICALLY EXCLUDED, INCLUDING WARRANTIES ARISING BY STATUTE, COURSE OF DEALING OR USAGE OF TRADE. 4. INDEMNITY. LICENSOR shall (i) defend Customer against any third party claim that a Product or Service infringes a patent or copyright enforceable in a country that is a signatory to the Berne Convention; and (ii) pay the resulting costs and damages finally awarded against Customer by a court of competent jurisdiction or the amounts stated in a written settlement negotiated by LICENSOR. The foregoing obligations are subject to the following: Customer (a) notifies LICENSOR promptly in writing of such claim; (b)(1) if Customer is an entity for which the Department of Justice (DoJ) has the statutory right to exercise sole control over the defense, DoJ shall have that right, provided that DoJ shall consult appropriately with LICENSOR and/or EMC Corporation, and LICENSOR and/or EMC Corporation shall have the right to intervene through its own counsel and at its own expense; (b)(2) for all other Customers, Customer grants LICENSOR sole control over the defense and settlement thereof; (c) reasonably cooperates in response to an LICENSOR request for assistance; and (d) is not in material breach of this EULA. Should any such Product or Service become, or in LICENSOR’s opinion be likely to become, the subject of such a claim, LICENSOR may, at its option and expense, (1) procure for Customer the right to make continued use thereof; (2) replace or modify such so that it becomes non-infringing; (3) request return of the Product and, upon receipt thereof; refund the price paid by Customer, less straight-line depreciation based on a five (5) year useful life for Products; or (4) discontinue the Service and refund the portion of any pre-paid Service fee that corresponds to the period of Service discontinuation. LICENSOR shall have no liability to the extent that the alleged infringement arises out of or relates to: (A) the use or combination of a Product or Service with third party products or services; (B) use for a purpose or in a manner for which the Product or Service was not designed; (C) any modification made by any person other than LICENSOR or its authorized representatives; (D) any modifications to a Product or Service made by LICENSOR pursuant to Customer’s specific instructions; (E) any technology owned or licensed by Customer from third parties; or (F) use of any older version of the Software when use of a newer Software Release made available to Customer would have avoided the infringement. THIS SECTION STATES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND LICENSOR’S ENTIRE LIABILITY FOR THIRD PARTY INFRINGEMENT CLAIMS. 5. LIMITATION OF LIABILITY. A. Limitation on Direct Damages. EXCEPT WITH RESPECT TO CLAIMS ARISING UNDER SECTION 4 ABOVE, LICENSOR’S TOTAL LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OF ANY TYPE WHATSOEVER, ARISING OUT OF PRODUCT OR SERVICE PROVIDED HEREUNDER, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY LICENSOR’S SOLE NEGLIGENCE IN AN AMOUNT NOT TO EXCEED (i) US$1,000,000, FOR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY; AND (ii) THE PRICE PAID BY CUSTOMER TO LICENSOR FOR THE SPECIFIC SERVICE (CALCULATED ON AN ANNUAL BASIS, WHEN APPLICABLE) OR PRODUCT FROM WHICH SUCH CLAIM ARISES, FOR DAMAGE OF ANY TYPE NOT IDENTIFIED IN (i) ABOVE OR OTHERWISE EXCLUDED HEREUNDER. B. No Indirect Damages. EXCEPT WITH RESPECT TO CLAIMS REGARDING VIOLATION OF LICENSOR’S INTELLECTUAL PROPERTY RIGHTS OR CLAIMS ARISING UNDER SECTION 4 ABOVE, NEITHER CUSTOMER NOR LICENSOR SHALL HAVE LIABILITY TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES, DATA AND/OR USE), EVEN IF ADVISED OF THE POSSIBILITY THEREOF. C. Regular Back-ups. As part of its obligation to mitigate damages, Customer shall take reasonable data back-up measures. In particular, Customer shall provide for a daily back-up process and back-up the relevant data before LICENSOR performs any remedial, upgrade or other works on Customer’s production systems. To the extent LICENSOR’s liability for loss of data is not anyway excluded under this EULA, LICENSOR shall in case of data losses only be liable for the typical effort to recover the data which would have accrued if Customer had appropriately backed up its data. D. Limitation Period. Unless otherwise required by applicable federal law, the limitation period for claims for damages shall be eighteen (18) months after the cause of action accrues, unless statutory law provides for a shorter limitation period.] E. Suppliers. The foregoing limitations shall also apply in favor of LICENSOR’s suppliers. 6. EXPORT CONTROL. The Products, Services and the technology included therein provided under this EULA are subject to governmental restrictions on (i) exports from the U.S.; (ii) exports from other countries in which such Products and technology included therein may be produced or located; (iii) disclosures of technology to foreign persons; (iv) exports from abroad of derivative products thereof; and (v) the importation and/or use of such Products and technology included therein outside of the United States or other countries (collectively, "Export Laws"). Customer shall comply with all Export Laws. Diversion contrary to U.S. law or other Export Laws is expressly prohibited. 7. TERM AND TERMINATION. This EULA takes effect on the Effective Date and continues until terminated in accordance with the following: A. EULAs with Executive Customers may be (i) terminated for cause pursuant to FAR 52.212-4(m) or (ii) for convenience pursuant to FAR 52.212-4 (l). B. For EULAs with Other Customers LICENSOR may terminate licenses for cause if Customer breaches the terms governing use of the Software and fails to cure within thirty (30) days after receipt of LICENSOR’s written notice thereof. Upon termination of a license, Customer shall cease all use and return or certify destruction of the applicable Software (including copies) to LICENSOR. Any provision that by its nature or context is intended to survive any termination or expiration, including but not limited to provisions relating to payment of outstanding fees, confidentiality and liability, shall so survive. 8. MISCELLANEOUS. A. References. LICENSOR may identify Customer for reference purposes unless and until Customer expressly objects in writing. B. Notices. Any notices hereunder shall be in writing. C. Entire Agreement. This EULA, GSA IT Schedule 70, and each purchase order issued pursuant to GSA IT Schedule 70 (i) comprise the complete statement of the agreement of the parties with regard to the subject matter thereof; and (ii) may be modified only in writing. All terms of any purchase order or similar document provided by Customer, including but not limited to any pre-printed terms thereon and any terms that are inconsistent or conflict with this EULA and/or LICENSOR quote, shall be null and void and of no legal force or effect, even if LICENSOR does not expressly reject to such terms when accepting a purchase order or similar document provided by Customer; however, terms in such document deviating from a LICENSOR quote do become binding upon the parties when expressly accepted by LICENSOR in writing in an order acknowledgement or similar document. D. Force Majeure. Except for payment of fees, neither party shall be liable under this EULA because of a failure or delay in performing its obligations due to any force majeure event, including strikes, riots, insurrection, terrorism, fires, natural disasters, acts of God, war, governmental action, or any other cause which is beyond the reasonable control of such party. E. Assignment. Customer shall not assign this EULA or a purchase order or any right herein or delegate any performance without LICENSOR’s prior written consent, which consent shall not be unreasonably withheld. LICENSOR may use LICENSOR Affiliates or other sufficiently qualified subcontractors to provide Services to Customer, provided that LICENSOR shall remain responsible to Customer for the performance thereof. F. Governing Law. To the extent not preempted by federal law or regulation, this EULA is governed by the laws of the Commonwealth of Massachusetts. To the extent permitted by law, the courts of the Commonwealth of Massachusetts shall be exclusively competent to rule on disputes arising out of or in connection with this EULA and all purchase orders. The U.N. Convention on Contracts for the International Sale of Goods does not apply. G. Waiver. No waiver shall be deemed a waiver of any prior or subsequent default hereunder. EMC CORPORATION WARRANTY AND MAINTENANCE PRICING TERMS EMC Corporation provides a variety of warranty and maintenance support offerings for all EMC products. Maintenance terms are set forth EMC Product Warranty and Maintenance Table that is incorporated in the GSA Schedule. The following is a general summary of those terms. 1 EMC Product Support Availability. EMC’s product support lifecycle is designed to help customers effectively manage their technology investments. EMC’s product lifecycle policy specifies the support duration (the “Primary Support” period) and Endof-Primary-Support (EOPS) date for most EMC products. EMC intends, subject to change at EMC’s discretion, to offer product support under EMC’s standard product maintenance terms and conditions during a product’s Primary Support period. Once a product reaches its EOPS date, EMC may, at its discretion, offer Extended Support for certain software releases or hardware 1 This is a general description of EMC warranty and maintenance offerings only. This general description does not modify EMC Warranty or Maintenance terms that are incorporated in the GSA schedule. Please consult the EMC Product Warranty and Maintenance Table for details. models. Additional information on EMC’s support lifecycle policy and Extended Support for EMC hardware and software products can be found on the specific EMC product page, located by searching within the Support by Product section of the EMC Online Support site. This information is subject to change at EMC’s discretion. Primary Support2 Primary support begins when a product is Generally Available (GA). For some EMC software products that are independent of EMC hardware releases, it is EMC’s intention, subject to change at EMC’s discretion, to support the current and immediately prior software release for the period of three (3) years from the release’s GA date. EMC endeavors to publish the applicable EOPS date(s) at GA. This threeyear period is referred to as the Primary Support period for the applicable release. For some EMC hardware products, it is EMC’s intention, subject to change at EMC’s discretion, to make available EMC’s standard support for the period of five (5) years after the applicable End-of-Life (EOL) date of the hardware. The EOL date refers to the date that EMC has discontinued a model number of EMC hardware or software as a product offering, and has removed such model number from EMC’s pricing/quoting systems. For some platform software products, it is EMC’s intention to support the current and immediately prior software release for a period that is coterminous with the related hardware. Extended Support3 Extended Support may be available for certain releases of EMC software products and hardware models, at EMC’s discretion. Extended Support, when available, is generally sold in six- (6) month increments and consists of a reduced level of support. Specific terms and conditions for Extended Support will vary by product. Extended Support requires a current EMC maintenance contract to be in place for the associated product. EMC End-of-Service Life Notification. If Extended Support is not available or purchased, End-of-Service Life (EOSL) of a product occurs on the End-of Primary-Support date. EMC endeavors to give customers notice of a product’s End of Service Life to enable them to plan for the retirement of their EMC products. This provides customers with the opportunity to smoothly transition to a more advanced and/or currently supported EMC product. Additional information on EOPS and EOSL dates for EMC products can be found by searching for the specific EMC product within the Support by Product section of the EMC Online Support site. Equipment Warranty. Most EMC equipment (hardware) is sold with warranties for periods of one to three years depending on the product. Certain EMC equipment products are sold with limited warranties. Software Warranty. The software warranty covers the media only for ninety (90) days from the date of shipment, or the date of electronic availability, as applicable. The warranty duration for Core Software (the programming or microcode firmware sometimes included by EMC with equipment, at no extra charge, to enable the equipment to perform is basic functions) is the same as the warranty duration of the equipment with which the Core Software is included. Certain EMC software products are sold with limited warranties. Support Levels. EMC offers three support levels: Basic, Enhanced, and Premium. The descriptions of the Basic, Enhanced, and Premium support options that are incorporated in the GSA schedule along with the support levels for each product, warranty durations, response times, extent of coverage, response times, severity levels and other information can found in the EMC Product Warranty and Maintenance Table. Not all support levels are available for every product. Warranty Upgrade. With the original purchase of EMC products, customers have the option to increase the support level for some (not all) products by purchasing a Warranty Upgrade. For example, there are options to increase warranty coverage from Basic to Enhanced; Basic to Premium; or Enhanced to Premium. Warranty Upgrades provide the right to receive an upgraded level of support for the entire warranty period, are invoiced in advance, and prepaid. Warranty Upgrades cannot be prorated. Equipment Maintenance. If purchased, equipment maintenance begins upon expiration of the equipment warranty period. For products with limited warranty, equipment maintenance begins at the same time as warranty begins. Equipment maintenance can be purchased at the time of original product purchase. Software Maintenance. Software maintenance is sold as a product and provides the rights to new software releases as made generally available by EMC for the period of software maintenance coverage purchased. Software Maintenance is invoiced at the time of purchase and prepaid. Maintenance Renewals. For products that have not reached EOSL, EMC may provide customers with the option to renew maintenance, both equipment and software, at the same support level (Basic, Enhanced, or Premium) originally purchased. Once a product reaches EOSL, support will no longer be available and maintenance may not be renewed. Equipment Maintenance Renewals. When the original warranty or original equipment maintenance period ends, EMC may provide GSA customers with the option to purchase continued equipment support through the maintenance renewal process, until the EOSL date. 2 Certain terms, limitations and exclusions apply to EMC’s support lifecycle policy. In some cases, resolution of an issue may be addressed by requiring a move to a more recent release. 3 For GSA orders Extended Support is available on an Open Market Basis Only. If Extended Support is not available or purchased, End-of-Service Life (EOSL) of a product occurs on the End-of Primary-Support date. Software Maintenance Renewals. When the initial period of prepaid software maintenance ends, software maintenance may be renewed on a prepaid basis only, until the EOSL date. Equipment Upgrades. Warranty and maintenance for equipment upgrades will be priced at the same support level (Basic, Enhanced, or Premium) that applies to the system in which the upgrade equipment is installed. The applicable warranty or maintenance period will be co-terminus with the warranty or maintenance period that applies to the system in which the upgrade equipment is installed. Annual maintenance prices are prorated on a monthly basis to conform to the co-terminus end date. Warranty Prices. Except for Warranty Upgrades, warranty is not currently separately priced and applicable warranty support is currently included in the purchase price of the products. Maintenance, Warranty Upgrade, and Maintenance Renewal Pricing. The maintenance list price for EMC equipment and software maintenance, warranty upgrades, and equipment and software maintenance renewals is priced as a percentage of (not discount off) the product commercial list price. As set forth in the tables below, the percentages vary by Component Type within each major Product and Product Family. A limited number of components are priced on a fixed dollar basis as indicated in Table 2, Table 3, and Table 4 attached. The maintenance list price rates in Table 2, Table 3, and Table 4 are for 12 months of support. The total maintenance list price for system configuration is determined as follows: 1. The commercial list price of each component product is multiplied by the quantity of the product (extended component list price). 2. The extended component list price is multiplied by the applicable list price rate (percentage) from the rate tables attached for the desired level of support (maintenance list price). 3. The maintenance list price is multiplied by the number of years of support required. 4. The individual component maintenance list prices are summed using an aggregating model number. 5. The GSA net price for maintenance is calculated by applying the GSA discount (discount off maintenance list) to the total maintenance list price. The GSA discounts are set forth in Table 1 below. For Enterprise Content Division (ECD) Products (Documentum and Captiva): Annual Maintenance List Pricing can be considered to be 19% of product list price for Basic Support (available only for Pixtools), 23% of product list for Enhanced Support and 27% of product list for Premium Support. Initial year Maintenance Pricing incorporates the product discount by applying the percentages (19% for Basic Support, 23% for Enhanced support, and 27% for premium support) to the net price The maintenance renewal price for system configurations for the EMC ECD Products (Documentum and Captiva) products is determined as follows: 1. The previous year’s maintenance is increased by 3%. 2. The individual component maintenance list prices are summed using an aggregating model number. When circumstances require, annual prices can be pro-rated to the actual term of support. The sum of component level maintenance pricing will appear on the quote under one of several aggregating model numbers that include (but are not limited to) the following examples: Aggregating Model Number M-ENHHW-001 M-PREHW-001 WU-PREHW-001 M-PRESW-001 M-ENHSW-001 General Description Sum of Enhanced Hardware Support Sum of Premium Hardware Support Sum of Premium Hardware Warranty Upgrade Sum of Premium Software Support Sum of Enhanced Software Support Because these model numbers only serve to sum up and aggregate component maintenance list prices on a quote, these model numbers do not represent any intrinsic, discreet service or have a unique list price. Aggregating model numbers do not appear on the GSA schedule price list. These models are not open market items because they only serve to sum individual maintenance prices for products that are included on the GSA schedule. Other maintenance aggregating model numbers are used in the quoting system. EMC reserves the right to change maintenance aggregating model numbers without notice. Prepaid Maintenance Pricing. Also referred to as point-of-sale maintenance, this maintenance is purchased in the initial order and is calculated within the EMC quoting systems. The EMC reseller can provide an EMC “Product Warranty and Maintenance Schedule” for each quote to validate the maintenance calculations substantially in the form of the following illustration. This illustration does not represent actual list prices or discounts. Model Description Q ty Pre-Sold Maint Months Total Coverage Months M-ENHSW-001 ENHANCED SOFT WARE SUPPORT 1 ABC Software T itle 1 1 36 36 DEF Software T itle 2 1 36 GHI Software T itle 3 1 36 Maintenance Model Maint List Price(USD) Total Maint Price(USD) 5,900.00 5,310.00 M-ENHSW-001 3,000.00 2,700.00 36 M-ENHSW-001 1,700.00 1,530.00 36 M-ENHSW-001 1,200.00 1,080.00 Maintenance Renewal Pricing. Maintenance renewal pricing is offered for previously purchased systems and products installed in specific customer locations. Renewal quotes are based on information from EMC installed base systems, as well as customer provided information. Because maintenance renewal quotes are highly individualized for particular installations of EMC products, renewal quotes are supported by detailed spreadsheets provided with the renewal quote. The “Product Warranty and Maintenance Schedule” is not available for maintenance renewal quotes, and aggregating model numbers are not used in quoting. End-of-Life (EOL) Date. The EOL date refers to the date that EMC has discontinued a model number of EMC hardware or software as a product offering, and has removed such model number from EMC’s pricing/quoting systems. Products that have reached their EOL date are no longer available for purchase, but are eligible for maintenance renewal until the End-of-Primary Support date (see table above). To distinguish products that are eligible for maintenance renewal only the following note is attached to the product description: “MAINTENANCE AVAILABLE ONLY. PRODUCT NOT AVAILABLE FOR SALE.” Extended Support. EMC may, at its discretion, offer Extended Support for certain products (see table above), at different terms and pricing than standard support. Extended support is not included in the GSA Schedule and is offered on an Open Market Basis only. End-of-Service Life (EOSL) Date. Products that have reached their EOSL date are permanently removed from the GSA Schedule price list. Table 1 STANDARD TRANSFER GSA DISCOUNTS Maintenance Discount Class A Discount Class Description SIN Prepaid Maintenance Included in Original Order - Hardware - Enterprise (Symmetrix, Celerra) 132-12 Hardware - Mid-Tier (CLARiiON, Centera, Atmos, B 132-12 NAS) C Hardware – Connectrix 132-12 CL-E Cloud Edition (VMAX CE) 132-12 CL-E Cloud Edition (VMAX CE) 132-33 Software - Enterprise Platform, Mid-Tier Platform, D1/D2/D3 132-12/132-33 Multi-platform/Open DE Entry Software (BRS: Data Domain) 132-33 High-End Software (BRS: Data Domain, DH 132-33 Avamar, Disk Library, Networker) Midrange Software (BRS: Data Domain, Atmos, DM 132-33 Disk Library) E EMC 3rd Party Hardware & Software, Switches 132-12 43.58% E EMC 3rd Party Hardware & Software, Switches 132-33 43.58% EN-H Hardware – VMAX 10K/20K/40K 132-12 EN-HM Hardware Maintenance - VMAX 10K/20K/40K 132-12 EN-S Software – VMAX 10K/20K/40K 132-33 EN-SM Software Maintenance - VMAX 10K/20K/40K 132-33 G Hardware Maintenance 132-12 14.36% H Software Maintenance - Mid-Tier Platform 132-33 43.58% H3 Software Maintenance - Multi-platform 132-33 43.58% J Server Flash, AX/NX, Insignia (HW & SW) 132-12 J Server Flash, AX/NX, Insignia (HW & SW) 132-33 K Select 132-12 K Select 132-33 Systems (DDR arrays and Appliances) and DDOS PE 132-12 31.49% SW Systems (DDR arrays and Appliances) and DDOS PH 132-12 32.50% SW, DL3D 1500/3000/4000 Systems (DDR arrays and Appliances) and DDOS PM 132-12 33.51% SW, DLm 1000/2000/6000/8000 UE Unified Entry Level (VNX) 132-12 UE Unified Entry Level (VNX) 132-33 UM VNX2 – Hardware and Software 132-12/132-33 UM-H VNX5200/5400/5600/5800/7600/8000/-F 132-12 UM-S Software Maintenance - Unified Mid-Tier 132-33 ViPR, VDSC, ECS Maintenance – Hardware and V 132-12/132-33 Software VPLEX VPLEX – Hardware and Software 132-12 VPLEX VPLEX – Hardware and Software 132-33 XT XtremIO – Hardware and Software 132-12 XT XtremIO – Hardware and Software 132-33 EMC Maintenance List Price Rates are set forth in Table 2, Table 3, and Table 4 that follow. Maintenance Renewals 3.28% 3.28% 3.28% 3.28% 5.29% 5.29% 8.32% 8.32% 8.32% 3.28% 5.29% 3.28% 43.58% 5.29% 43.58% 14.36% 43.58% 43.58% 3.28% 5.29% 3.28% 5.29% 20.41% 20.41% 20.41% 3.28% 5.29% 5.29% 3.28% 5.29% 5.29% 3.28% 5.29% 3.28% 5.29% For ECD Products(Documentum and Captiva): Annual Maintenance List Pricing can be considered to be 19% of product list price for Basic Support (available only for Pixtools), 23% of product list for Enhanced Support and 27% of product list for Premium Support. Initial year Maintenance Pricing incorporates the product discount by applying the percentages (19% for Basic Support, 23% for Enhanced support, and 27% for premium support) to the net price The maintenance renewal price for system configurations for the EMC ECD Products (Documentum and Captiva) products is determined as follows: 1. The previous year’s maintenance is increased by 3%. 2. The individual component maintenance list prices are summed using an aggregating model number.
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