Xerox Software Helps Dell Corp Monitor Toner Usage and Inventory

[Anonymous]

Xerox Software Helps Dell Corp Monitor Toner Usage and Inventory
Dell Toner Monitoring Service
By Dell Corp

Offer-Specific Customer Responsibilities
Prior to the delivery of the Services, the Customer must download the
Services software known as the Xerox Device Agent (“XDA-PE” or “Licensed Software”) provided to the Customer by email, in accordance with the Terms and Conditions set out below.

Introduction
Dell is pleased to provide the Dell Toner Monitoring Service (“Service(s)”) in accordance with this Service Description (“Service Description”). Your quote, order form or other mutually agreed upon form of invoice or order acknowledgment (as applicable, the “Order Form”) will include the Service and available service options (if any) that you purchased. For additional assistance or to request a copy of your service contract(s), please contact Dell at the appropriate toll-free number listed at http://www.dell.com/support or your sales representative. For printer issues, the method of repair service is determined by your end user Dell printer hardware warranty for the applicable printer.

The Scope of This Service
The Services consist of the automatic replenishment of printer consumables comprising of toner cartridges, imaging drums and waste toner bottles (“Consumables”) during the contract period for the Services. For clarity, Consumables do not include fusers and maintenance kits, which are covered under the Dell printer hardware warranty. The automatic replenishment of the Consumables is enabled by the Licensed Software (defined below). The Licensed Software collects and reports data on selected print devices that are eligible to receive the Services located on your network, and remotely monitors the usage level of the Consumables on such print devices. Eligible print devices covered by the Services will be regarded as in-scope assets. The Licensed Software then automatically triggers an order for a particular Consumables component in advance of its end of use, leading to Dell delivering a replacement Consumables component to you.
Exclusions

For the avoidance of doubt, the following are not included in the scope of this Service Description: • Any services, tasks or activities other than those specifically noted in this Service Description.

• The Service does not include the development of any intellectual property created solely and specifically for the Customer.

This Service Description does not confer on you any warranties which are in addition to the warranties provided under the terms of your Master Services Agreement or Agreement (both as defined below), as applicable.

Offer-Specific Customer Responsibilities
Prior to the delivery of the Services, the Customer must download the Services software known as the Xerox Device Agent (“XDA-PE” or “Licensed Software”) provided to the Customer by email, in accordance with the Terms and Conditions set out below.

General Customer Responsibilities
Authority to Grant Access. Customer represents and warrants that it has obtained permission, where allowed by applicable laws, for both Customer and Dell to access and use, whether remotely or in- person, Customer-owned or licensed software, hardware, systems, the data located thereon and all hardware and software components included therein, for the purpose of providing these Services. If Customer does not already have that permission, it is Customer's responsibility, subject to applicable laws, to obtain it, at Customer's expense, before Customer asks Dell to perform these Services.

Customer Assets and Customer Content. “Customer Assets” means all Customer equipment, software and/or work space owned, leased, rented, licensed and/or controlled by Customer and any services utilized by Customer that Customer makes available to Dell to enable Dell to perform Services. “Customer Content” means documents and materials that Customer provides to Dell in order for Dell to perform the Services. Customer hereby grants or transfers, free of charge, sufficient rights to enable Dell to use or access Customer Assets and Customer Content as needed in order to perform Services; it being acknowledged that Dell shall not use the Customer Content and Customer Assets for any purpose other than to perform Services.

Customer Cooperation. Customer understands that without prompt and adequate cooperation, Dell will not be able to perform the Service or, if performed, the Service may be materially altered or delayed. Accordingly, Customer will promptly and reasonably provide Dell with all cooperation necessary for Dell to perform the Service. If Customer does not provide reasonably adequate cooperation in accordance with the foregoing, Dell will not be responsible for any failure to perform the Service and Customer will not be entitled to a refund.

Data Backup. Customer will complete a backup of all existing data, software and programs on all affected systems prior to and during the delivery of this Service. Customer should make regular backup copies of the data stored on all affected systems as a precaution against possible failures, alterations, or loss of data. Dell will have no liability for:

• any loss of your confidential, proprietary or personal information;
• lost or corrupted data, programs or software;
• damaged or lost removable media;
• the loss of use of a system or network; and/or
• for any acts or omissions, including negligence, by dell or a third-party service provider.

Third Party Warranties. These Services may require Dell to access hardware or software that is not manufactured by Dell. Some manufacturers' warranties may become void if Dell or anyone else other than the manufacturer works on the hardware or software. Customer will ensure that Dell's performance of the Services will not affect such warranties or, if it does, that the effect will be acceptable to Customer. Dell does not take responsibility for third party warranties or for any effect that the Services may have on those warranties.

Third Party Service Provider / Channel Partner / Reseller. Dell may make the Services available for sale through an authorized reseller or channel partner (“Authorized Reseller” or “Authorized Channel Partner”) or Dell may obtain the services of an authorized third party service provider (“Authorized Service Provider”) to assist in and/or undertake partly or in whole the provision of the Services. In such event, the Customer agrees that the Customer Responsibilities as set out herein extend to such Authorized Reseller, Authorized Channel Partner or Authorized Service Provider as necessary.

Dell Services Terms & Conditions (“Terms and Conditions”)
This Service Description is entered between you, the customer (“you”, “ your” or “Customer”), and the Dell entity from which you purchased this Service. This Service is provided subject to and governed by Customer’s separate signed master services agreement with Dell that explicitly authorizes the provision of this Service and the purchase of the Consumables (“Master Services Agreement”). In the absence of such agreement, depending on Customer’s location, this Service and the purchase of the Consumables contemplated by this Service is provided subject to and governed by either Dell’s Commercial Terms of Sale or the agreement referenced in the table below (as applicable, the “Agreement”). Please see the table below which lists the URL applicable to your Customer location where your Agreement can be located. The parties acknowledge having read and agree to be bound by such online terms.

Xerox Software Helps Dell Corp Monitor Toner Usage and Inventory
Dell Toner Monitoring Service
By Dell Corp

Offer-Specific Customer Responsibilities
Prior to the delivery of the Services, the Customer must download the
Services software known as the Xerox Device Agent (“XDA-PE” or “Licensed Software”) provided to the Customer by email, in accordance with the Terms and Conditions set out below.

Introduction
Dell is pleased to provide the Dell Toner Monitoring Service (“Service(s)”) in accordance with this Service Description (“Service Description”). Your quote, order form or other mutually agreed upon form of invoice or order acknowledgment (as applicable, the “Order Form”) will include the Service and available service options (if any) that you purchased. For additional assistance or to request a copy of your service contract(s), please contact Dell at the appropriate toll-free number listed at http://www.dell.com/support or your sales representative. For printer issues, the method of repair service is determined by your end user Dell printer hardware warranty for the applicable printer.

The Scope of This Service
The Services consist of the automatic replenishment of printer consumables comprising of toner cartridges, imaging drums and waste toner bottles (“Consumables”) during the contract period for the Services. For clarity, Consumables do not include fusers and maintenance kits, which are covered under the Dell printer hardware warranty. The automatic replenishment of the Consumables is enabled by the Licensed Software (defined below). The Licensed Software collects and reports data on selected print devices that are eligible to receive the Services located on your network, and remotely monitors the usage level of the Consumables on such print devices. Eligible print devices covered by the Services will be regarded as in-scope assets. The Licensed Software then automatically triggers an order for a particular Consumables component in advance of its end of use, leading to Dell delivering a replacement Consumables component to you.
Exclusions

For the avoidance of doubt, the following are not included in the scope of this Service Description: • Any services, tasks or activities other than those specifically noted in this Service Description.

• The Service does not include the development of any intellectual property created solely and specifically for the Customer.

This Service Description does not confer on you any warranties which are in addition to the warranties provided under the terms of your Master Services Agreement or Agreement (both as defined below), as applicable.

Offer-Specific Customer Responsibilities
Prior to the delivery of the Services, the Customer must download the Services software known as the Xerox Device Agent (“XDA-PE” or “Licensed Software”) provided to the Customer by email, in accordance with the Terms and Conditions set out below.

General Customer Responsibilities
Authority to Grant Access. Customer represents and warrants that it has obtained permission, where allowed by applicable laws, for both Customer and Dell to access and use, whether remotely or in- person, Customer-owned or licensed software, hardware, systems, the data located thereon and all hardware and software components included therein, for the purpose of providing these Services. If Customer does not already have that permission, it is Customer's responsibility, subject to applicable laws, to obtain it, at Customer's expense, before Customer asks Dell to perform these Services.

Customer Assets and Customer Content. “Customer Assets” means all Customer equipment, software and/or work space owned, leased, rented, licensed and/or controlled by Customer and any services utilized by Customer that Customer makes available to Dell to enable Dell to perform Services. “Customer Content” means documents and materials that Customer provides to Dell in order for Dell to perform the Services. Customer hereby grants or transfers, free of charge, sufficient rights to enable Dell to use or access Customer Assets and Customer Content as needed in order to perform Services; it being acknowledged that Dell shall not use the Customer Content and Customer Assets for any purpose other than to perform Services.

Customer Cooperation. Customer understands that without prompt and adequate cooperation, Dell will not be able to perform the Service or, if performed, the Service may be materially altered or delayed. Accordingly, Customer will promptly and reasonably provide Dell with all cooperation necessary for Dell to perform the Service. If Customer does not provide reasonably adequate cooperation in accordance with the foregoing, Dell will not be responsible for any failure to perform the Service and Customer will not be entitled to a refund.

Data Backup. Customer will complete a backup of all existing data, software and programs on all affected systems prior to and during the delivery of this Service. Customer should make regular backup copies of the data stored on all affected systems as a precaution against possible failures, alterations, or loss of data. Dell will have no liability for:

• any loss of your confidential, proprietary or personal information;
• lost or corrupted data, programs or software;
• damaged or lost removable media;
• the loss of use of a system or network; and/or
• for any acts or omissions, including negligence, by dell or a third-party service provider.

Third Party Warranties. These Services may require Dell to access hardware or software that is not manufactured by Dell. Some manufacturers' warranties may become void if Dell or anyone else other than the manufacturer works on the hardware or software. Customer will ensure that Dell's performance of the Services will not affect such warranties or, if it does, that the effect will be acceptable to Customer. Dell does not take responsibility for third party warranties or for any effect that the Services may have on those warranties.

Third Party Service Provider / Channel Partner / Reseller. Dell may make the Services available for sale through an authorized reseller or channel partner (“Authorized Reseller” or “Authorized Channel Partner”) or Dell may obtain the services of an authorized third party service provider (“Authorized Service Provider”) to assist in and/or undertake partly or in whole the provision of the Services. In such event, the Customer agrees that the Customer Responsibilities as set out herein extend to such Authorized Reseller, Authorized Channel Partner or Authorized Service Provider as necessary.

Dell Services Terms & Conditions (“Terms and Conditions”)
This Service Description is entered between you, the customer (“you”, “ your” or “Customer”), and the Dell entity from which you purchased this Service. This Service is provided subject to and governed by Customer’s separate signed master services agreement with Dell that explicitly authorizes the provision of this Service and the purchase of the Consumables (“Master Services Agreement”). In the absence of such agreement, depending on Customer’s location, this Service and the purchase of the Consumables contemplated by this Service is provided subject to and governed by either Dell’s Commercial Terms of Sale or the agreement referenced in the table below (as applicable, the “Agreement”). Please see the table below which lists the URL applicable to your Customer location where your Agreement can be located. The parties acknowledge having read and agree to be bound by such online terms.

[Author]

February 4, 2014 at 11:48 AM