Hardware Support Services Supplemental Terms

In conjunction with Your purchase of Support Services for Hardware, You agree to these Supplemental Terms for Hardware Support Services which are hereby incorporated into the Ivanti Supplemental Terms for Support and Maintenance Services between Ivanti and You (the "Support and Maintenance Terms"). Ivanti may revise these Supplemental Terms for Hardware Support from time to time by publishing such updates at https://www.ivanti.com/company/legal/hardware-support-terms. In the event that Ivanti makes any revision that includes a material change to these Supplemental Terms for Hardware Support during your current annual Support term (“Change”), Ivanti shall give you notice of such Change. You shall have thirty (30) days to object to any such Change by written notice to Ivanti, otherwise you agree to accept the Change and incorporate any such Change into the Support and Maintenance Terms. If you reject the Change on a reasonable basis, the Parties shall work together in good faith to come to a mutual resolution of the issues. Capitalized terms not defined herein shall have the meaning set forth in the Support and Maintenance Terms.

If You receive support services directly from an authorized support delivery partner, the terms regarding support in these Supplemental Terms for Hardware Support shall not apply and shall instead be determined between You and the relevant authorized support delivery partner.

1. Definitions

The following definitions shall apply.

1. “EOL” means end-of-life of Hardware.
2. “EOS” means end-of-support of Hardware.
3. "Hardware" means tangible systems, assemblies, components, accessories and like tangible goods that Ivanti has released for sale, including spare parts, supplied by Ivanti or Authorized Resellers.
4. “Hardware Replacement Support Plan” means the Hardware replacement Technical Support options set forth herein.
5. “RMA” means the Ivanti return material authorization for the proper tracking and handling of returned Hardware.
6. "Site" means the physical location where Hardware are installed as specified by End User from time to time.
7. “Hardware Support” means the Hardware Replacement Support Plan and Support level that are purchased by You and which Ivanti will provide hereunder.

2. Ivanti’s Support Services Obligations

Ivanti’s Hardware Support obligations shall be provided as outlined herein and in the Support and Maintenance Terms.

1. Hardware Repair and Replacement. Ivanti will use commercially reasonable efforts to provide Hardware repair/replacement in accordance with the Hardware Replacement Support Plan purchased by You, as identified on the Invoice. All Hardware must be returned in accordance with Ivanti’s RMA process then in effect. Ivanti is not responsible for transportation or custom delays outside of its reasonable control. Ivanti offers six (6) Hardware Replacement Support Plans, details of which are incorporated herein and attached hereto as Exhibit A.
2. EOL and EOS Procedures. Ivanti will provide You with EOL notification for discontinued Hardware and spare parts, either directly or through an announcement posted on the Ivanti website, at least one hundred and eighty (180) days in advance of the EOL date. During the notification period and subject to availability, You may continue to purchase such Hardware, provided that delivery is taken within one hundred and eighty (180) days of the EOL effective date. EOL Hardware shall be repaired or replaced with similar products at Ivanti’s discretion following the guidelines in the current EOS policy posted on the Ivanti website at https://forums.ivanti.com/s/end-of-life. In the event such repair or replacement is not covered under warranty, You will be charged Ivanti’s then-standard rates.
3. Exclusions. In addition to those exclusions to provide Support found in the Support and Maintenance Terms, Ivanti is not obligated to provide Support for Hardware due to any of the following:
   1. third-party devices (hardware, software cabling, etc.) not provided by Ivanti or Incidents associated with or arising directly or indirectly from such devices;
   2. Incidents with Hardware that has been installed or modified by any party other than Ivanti or a party authorized by Ivanti;
   3. Hardware damaged, whether by fire, virus, impact, power surge or other events beyond Ivanti’s reasonable control, other than through the negligence or willful misconduct of Ivanti, its agents or employees;
   4. Incidents relating to incompatibility of the Hardware with third-party devices other than in accordance with applicable Documentation;
   5. Problems caused by the use of the Hardware other than in accordance with applicable Documentation;
   6. Problems caused by the misuse or abuse of the Hardware generally;
   7. Problems with the Hardware where End User did not comply with the End User obligations specified in Section 3;
   8. Problems with the Hardware or parts thereof that are past their EOL date, as provided herein;
   9. Problems with the Hardware or parts thereof that were purchased or otherwise obtained from any party other than Ivanti.

3. End User Obligations

1. Staffing. You shall maintain a reasonable number of support engineers who are trained on the use of the Hardware. Your support engineers must be proficient in the operation of the Hardware and be able to perform basic Hardware and Software configuration and troubleshooting. All communication with Ivanti hereunder will be conducted in English.
2. Configuration Files. You are responsible to maintain a backup of the configuration that can be used to restore the Hardware.
3. Hardware Information. In order for Ivanti to provide Support promptly and efficiently, You shall provide to Ivanti, as needed, the following information for all Hardware that is supported hereunder:
   1. product license key or serial number;
   2. configuration;
   3. installation address; and
   4. Site contact person.

If You physically move any Hardware from the original Site to another location, You must notify Ivanti immediately to update Ivanti’s records. Prior to Ivanti’s receipt of such notification, Ivanti shall not be liable for any lapses in Support coverage or Hardware delivery delays with respect to such Hardware.

4. Hardware Repair/Replacement

1. Hardware Return Procedure. In the event of Hardware failure, You must contact Ivanti Support for Hardware failure validation and troubleshooting. After Ivanti Support has validated the Hardware failure, You will receive an RMA number. To ensure proper tracking and handling of returned Hardware or parts, all Hardware returned to Ivanti must have an RMA number assigned prior to its return. Hardware returns that are improperly packaged or do not include required information and RMA numbers may not be accepted and will be returned at Your expense. See Exhibit A for additional details.
2. Hardware Replacement. If You have purchased a Hardware Replacement Support Plan, then Ivanti will provide replacement part(s) to You in accordance with the Hardware Replacement Support Plan purchased by You and include a return kit with each replacement part. Provided in each return kit will be a return instruction sheet, prepaid air bill, and a reprinted return label, as applicable. You must follow the return instructions to return the defective Hardware or parts within ten (10) Business Days of failure or pay the purchase price of replacement parts for any Hardware. See Exhibit A for additional details.

Exhibit A: Hardware Returns and Replacement

Hardware Replacement Support Plans

Ivanti will use commercially reasonable efforts to provide Hardware repair/replacement in accordance with the Hardware Replacement Support Plan purchased by You. Ivanti offers the following six (6) Hardware Replacement Support Plans:

Support Feature	Advanced Replacement 5-Day**	Return to Factory	Next Day*	Next Day Onsite Technician*	Same Day*	Same Day Onsite Technician*
Advanced Replacement	✓		✓	✓	✓	✓
Ivanti Pays Shipping Costs	✓		✓	✓	✓	✓
10 Days to Return Defective Parts	✓	✓	✓	✓	✓	✓
Next Business Day Delivery			✓	✓
Same Day Delivery					✓	✓
Onsite Technician				✓		✓

* May not be available at all of Your locations.

** Only available if Hardware support is provided by a partner authorized by Ivanti to provide such support.

Service Level Agreement*

Return to Factory. Hardware will be replaced or repaired within ten (10) business days after Ivanti’s receipt of the defective Hardware at the specified RMA return location. All Hardware returns with a valid RMA number will receive an email from Ivanti with the shipping address of the specific return location. You are responsible for shipping costs to ship the unit to Ivanti. You must provide Ivanti with the tracking number for the Hardware to verify the return.

Next Day Delivery. Delivery of replacement part(s) no later than the next business day. Available 9 hours a day, 5 days a week. RMAs must be placed and processed Monday through Friday no later than noon of the local time zone of the destination of the replacement part(s). Local holidays are excluded and replacement part(s) will be scheduled to arrive the next business day after the holiday. For locations where Ivanti does not have an in-country depot and next-business-day delivery is unavailable, Ivanti will ship the replacement part(s) within 24 hours of receipt of a valid RMA. Actual delivery will be subject to local customs and importation, restrictions, and transportation delays.

Next Day Onsite Technician. Delivery of replacement part(s) by on-site technician no later than the next business day. Available 9 hours a day, 5 days a week. RMAs must be placed and processed Monday through Friday no later than noon of the local time zone of the destination of the replacement part(s). Local holidays are excluded and replacement part(s) will be scheduled to arrive the next business day after the holiday. For locations where Ivanti does not have an in-country depot and next-business-day delivery is unavailable, Ivanti will ship the replacement part(s) within 24 hours of receipt of a valid RMA. Actual delivery will be subject to local customs and importation, restrictions, and transportation delays.

Same Day Delivery. Delivery of replacement part(s) within four (4) hours of the placement of a valid RMA as long as the physical location of the Hardware is located within one hundred (100) miles of an authorized Ivanti parts depot. Available 24 hours a day, 7 days a week.

Same Day Onsite Technician. Delivery of replacement part(s) by on-site technician within four (4) hours of the placement of the RMA as long as the physical location of the Hardware is located within one hundred (100) miles of an authorized Ivanti parts depot. Available 24 hours a day, 7 days a week.

* All Service Level Agreements outlined above are based on and subject to You having provided Ivanti with accurate and up-to-date shipping addresses for the Hardware. Except for Return to Factory, all Service Level Agreements are contingent on pre-approval by Ivanti prior to commitment of the service delivery.

Advanced Replacement 5-day (AR-5): Ivanti will ship advance replacements for defective Hardware within 5-business days for replacement requests placed by three (3) p.m. Monday through Friday, except during Ivanti holidays. For countries where Ivanti does not have an in-country depot and Next Day Delivery is unavailable, Ivanti will ship the replacement part within twenty-four (24) hours of the RMA origination from the most appropriate international location where Ivanti has a depot. Actual delivery will be subject to local customs, importation restrictions, and transportation delays.

The AR-5 option is only available for Hardware support that is provided by a partner authorized by Ivanti to provide support for Hardware.

RMA Requirements

RMA Cut-Off Time. RMAs have to be processed by noon of the local time zone of the destination of the replacement part(s) for Next Business Day Delivery. There is no RMA cut-off time for Same Day Delivery, however, if the Same Day Delivery will fall outside of normal business hours, You must ensure that You will have personnel available to receive the RMA after normal business hours.

RMA Return for Credit. Ivanti has an "all sales are final" policy. You are only allowed to return Hardware as a result of the Hardware being defective or due to an Ivanti order entry error or manufacturing error and only when a valid RMA number has been issued. To be eligible for a return for credit, Hardware must (i) have been purchased directly from Ivanti or a Reseller; or (ii) be new with the factory seal unbroken. Each return of Hardware will be reviewed and handled based on the specific details of the situation and certain situations may require You to pay a restocking fee. Hardware returns are not eligible for a credit and Ivanti may cancel an RMA if the Hardware is received by Ivanti within thirty (30) days of Your receipt of an RMA number. Ivanti will only provide You with credit for the specific Hardware that is properly returned with an RMA number.

Hardware Replacements

In the event of a failure of the Hardware, please contact Ivanti Support to obtain an RMA number. If You have purchased a Hardware Replacement Support Plan, then Ivanti will provide replacement part(s) to You in accordance with the Hardware Replacement Support Plan You have purchased. The replacement part(s) may be refurbished, or substituted with similar products at the option of Ivanti. Ivanti cannot guarantee new replacement part(s) will be shipped against any RMAs.

All returned Hardware must have a valid RMA number. The RMA number is necessary to ensure proper tracking and handling of returned Hardware. Do not return any Hardware until an Ivanti has issues an RMA. Ivanti reserves the right to refuse shipments that do not have a valid RMA number. Refused shipments will be returned to the shipper via collect freight. You must return the defective Hardware to Ivanti within ten (10) business days of receipt of the replacement Hardware, or be billed for the Hardware at full purchase price.

Return to Factory Repair

If You have purchased a Return to Factory Hardware Replacement Option Support Plan and the Hardware fails, the Hardware will be repaired or replaced at the sole discretion of Ivanti. Hardware returned under a valid RMA number will receive a ninety (90) day hardware warranty or the remainder of the original hardware warranty, whichever is longer.

Hardware will be replaced or repaired within ten (10) business days after Ivanti’s receipt of the defective Hardware at the specified RMA return location. All Hardware returns with a valid RMA number will receive an email from Ivanti with the shipping address of the specific return location. You are responsible for shipping costs to ship the unit to Ivanti. You must provide Ivanti with the tracking number for the Hardware to verify the return.

On-site Technician

If You have purchased a Hardware Replacement Option Support Plan that includes and On-site Technician and the Hardware fails, then You may request for on-site installation to configure and setup any replacement Hardware. Upon arrival, the technician will work under the direction of the Ivanti Support team to solve the issue(s) with the Hardware. If required, replacement part(s) will already be at the location. The on-site technician will work closely with the Ivanti Support team during the setup and configuration in order to ensure a proper replacement of the failed Hardware. Furthermore, the technician will be released from the location upon approval of the Ivanti Support, with concurrence from You and the technician will assist with packing up and removing defective part(s).

You must make the request for the on-site technician while requesting the RMA by either a phone call or case comment to the Ivanti Support engineer who is working on the RMA case.

Dead on Arrival

In the event that You receive Hardware that is Dead on Arrival (“DOA”), then (i) for up to thirty (30) days from the day the Hardware was shipped from Ivanti’s manufacturing facilities to You, or (ii) in the event You purchased the Hardware from a Reseller, then for up to ninety (90) days after original shipment of the Hardware from Ivanti, Ivanti will provide expedited replacement of affected field replaceable units of Hardware that fail to operate within twenty-four (24) hours of initial installation. For purposes of this DOA policy, "fail to operate" shall mean a material failure to substantially perform in accordance with the Hardware's technical specifications and shall not include cosmetic or other deficiencies that do not materially affect Hardware performance. A new field replaceable unit will be shipped from Ivanti’s manufacturing facilities within two (2) business days of Ivanti’s receipt and validation of Your notification of an inoperative unit. Notification must be sent by You via an Ivanti Support ticket. Defective Hardware must be returned within thirty (30) days of failure, or You will be required to pay the purchase price of replacement Hardware. If the Hardware is located outside the United States, then allow for additional transit time due to international customs clearance.

Non-Contracted/Out of Warranty

For issues with Non-Contracted Hardware, Out of Warranty Hardware, and/or Voided Warranty Hardware, You may contact Ivanti Support to verify the failure of the Hardware. Upon verification of the Hardware failure, an Ivanti Customer Service Representative (“CSR”) will contact You with a quote for the repair or replacement of the Hardware. You must provide Ivanti with a purchase order for the repair or replacement costs associated with the Hardware failure. Once the purchase order is received, the CSR will process the RMA and send You shipment details or further instructions. Hardware may not be returned to Ivanti without a valid RMA number. Returns should include only the approved defective Hardware and You should retain all accessories, power cables, installation rails, and installation guides. Replacement of any such accessories is not guaranteed to be provided with the replacement unit.

• “Non-Contracted” means Hardware that is not currently covered under support and maintenance. 
• “Out of Warranty” means Hardware where the standard hardware warranty of one (1) year has elapsed and is not currently covered by support and maintenance.
• “Voided Warranty” means Hardware where the warranty has been voided as follows: no warranty or support and maintenance will apply if the Hardware or Software (i) has been altered (including but not limited to the removal of any hard drives or components, physical modifications to the chassis, and opening the chassis disrupting the tamper-evident seal), except by Ivanti; (ii) has not been installed, operated, repaired, or maintained in accordance with the Documentation; or (iii) has been subjected to unreasonable physical, thermal or electrical stress, misuse, negligence, or accident. In addition, Hardware or Software is not designed or intended for use in (i) the design, construction, operation or maintenance of any nuclear facility, (ii) navigating or operating aircraft; or (iii) operating life-support or life-critical medical equipment, and Ivanti disclaims any express or implied warranty of fitness for such uses. You are solely responsible for backing up Your programs and data to protect against loss or corruption. Ivanti warranty obligations do not include installation support.

RMA Request Instructions

When requesting an RMA, You must provide the following information:

• Product model number for the defective hardware
• Product serial number for the defective hardware
• System serial number of the base unit
• Description of failure and troubleshooting performed to isolate cause
• Customer ship-to address
• Contact name
• Contact phone, fax, and e-mail

Not all parts of Hardware systems are eligible for repair or replacement. The Ivanti support team will inform You if the part that needs replacement qualifies for repair or replacement at the creation of the RMA support case.