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"Product" means the SonicWALL labeled hardware and related documentation ("Hardware")
and/or proprietary SonicWALL labeled software, firmware and related documentation
("Software") purchased by the end user of the product either directly from SonicWALL or a
Reseller (“Customer”). “Services” means the Support Services described below and any other
services provided with or for the Products directly by SonicWALL or its agents. “Reseller” shall
mean those entities to which SonicWALL or SonicWALL’s authorized distributors distribute the
Products for resale to end users. Except as otherwise agreed upon by the parties, this
Agreement will also cover any updates and upgrades to the Products provided to Customer by
SonicWALL directly or through a Reseller (except as may be otherwise indicated, such updates
and upgrades shall be deemed Products).
1. LICENSE(S) AND RESTRICTIONS
(a) Licenses. Subject to the terms and conditions of this Agreement, SonicWALL grants to
Customer, and Customer accepts from SonicWALL, a nonexclusive, nontransferable (except as
otherwise set forth herein) and nonsublicensable license (“License”) to:
(i) execute and use the Software on the Hardware with which the Software is provided (pre-
installed) in accordance with the applicable Documentation; and,
(ii) for Software provided in standalone form (without Hardware), install, execute and use
the Software on the Hardware or hardware device(s) on which it is intended to be used in
accordance with the applicable Documentation and the License purchased. If Customer
purchased multiple copies of standalone Software, Customer’s License to such standalone
Software includes the right to install, use and execute up to the number of copies of
Software Licenses purchased.
In addition, the License includes the right to (x) make a reasonable number of additional copies
of the Software to be used solely for non-productive archival purposes, and (y) make and use
copies of the end user documentation for Hardware and/or Software provided with the Products
(“Documentation”) as reasonably necessary to support Customer’s authorized users in their
use of the Products.
(b) License Limitations. Order acknowledgments, Documentation and/or the particular type of
the Products/ Licenses purchased by Customer may specify limits on Customer’s use of the
Software, and which limits apply to the License(s) granted hereunder for such Software. Such
limits may consist of limiting the term of the License, or the number or amount of nodes, storage
space, sessions, calls, users, subscribers, clusters, devices, ports, bandwidth, throughput or
other elements, and/or require the purchase of separate Licenses to use or obtain particular
features, functionalities, services, applications or other items. Use of the Software shall be
subject to all such limitations.
(c) For Customer’s Internal Business. Each License shall be used by Customer solely to
manage its own internal business operations as well as the business operations of its Affiliates.
Notwithstanding the foregoing, if Customer is in the regular business of providing firewall, VPN
or Security management for a fee to entities that are not its Affiliates (“MSP Customers”),
Customer may use the Products for its MSP Customers provided that either (i) Customer, and
not MSP Customers, maintain control and possession of the Products, or (ii) if MSP Customers
have possession and/or control of Products in whole or in part, this Agreement must be
provided to MSP Customers and they must agree that their use of the Products is subject to the
terms and conditions of this Agreement. Customer agrees to indemnify and hold SonicWALL
harmless from and against any claims by MSP Customers against SonicWALL relating to the
Products and/or Customer’s services for MSP Customers. “Affiliate” means any legal entity
controlling, controlled by, or under common control with a party to this Agreement, but only for
so long as such control relationship exists.