The Warranty. Rubrik warrants to Customer that in the event of a Ransomware Incident with an Event Date that occurs during the Warranty Period, the Eligible Solution will enable Customer to materially restore the Customer data that was successfully backed up using the Eligible Solution software onto Rubrik hardware, Rubrik-certified third party hardware, or a Rubrik hosted cloud platform, to the last good backup within the Customer’s SLA Policy during the Warranty Period (“Recovery”). If Recovery of such Customer data is not successful due to a failure of the Eligible Solution software as determined by Rubrik, Customer’s sole and exclusive remedy, and Rubrik’s entire liability, subject to the terms herein, will be to reimburse Customer for its Recovery Incident Expenses directly resulting from the Recovery Incident (“Payment”), up to a maximum amount not to exceed the applicable Cap set forth in the table below. 250 TB to < 500 TB $250,000 500 TB to < 750 TB $500,000 750 TB to < 5 PB $1,000,000 5 PB and above $5,000,000 The Customer data tiers above are calculated based on the amount of data Customer protects using the Eligible Solution software (i.e., data Customer backs up using products other than the Eligible Solution will not count toward those data tiers). Aggregate Payments for multiple Recovery Incidents with Event Dates in the Warranty Period shall not exceed the Cap. This Warranty extends only to Customer and its Recovery Incident Expenses and does not extend to any third parties (including, but not limited to suppliers, service providers, end-clients, and employees or agents of Customer) or any of their losses or damages.
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The Warranty. Rubrik warrants to Customer that in the event of a Ransomware Incident with an Event Date that occurs during the Warranty Period, the Eligible Solution will enable Customer to materially restore the Customer data that was successfully backed up using the Eligible Solution software onto Rubrik hardware, Rubrik-certified third party hardware, or a Rubrik hosted cloud platform, to the last good backup within the Customer’s SLA Policy during the Warranty Period (“Recovery”). If Recovery of such Customer data is not successful due to a failure of the Eligible Solution software as determined by Rubrik, Customer’s sole and exclusive remedy, and Rubrik’s entire liability, subject to the terms herein, will be to reimburse Customer for its Recovery Incident Expenses directly resulting from the Recovery Incident (“Payment”), up to a maximum amount not to exceed the applicable Cap set forth in the table below. For clarity, this Warranty does not extend to unsuccessful Recovery of Customer data due to (i) Customer’s lost access credentials (including encryption keys), which Rubrik is unable and has no obligation to recover, and (ii) failure of a cloud service provider. 250 TB to < 500 TB $250,000 500 TB to < 750 TB $500,000 750 TB to < 5 PB $1,000,000 5 PB and above $5,000,000 *The amount of Customer data protected by an Eligible Solution in compliance with the terms of this Warranty Agreement at the time of the Ransomware Incident determines the applicable payout. The Customer data tiers above are calculated based on the amount of data Customer protects using the Eligible Solution software (i.e., data Customer backs up using products other than the Eligible Solution will not count toward those data tiers). Aggregate Payments for multiple Recovery Incidents with Event Dates in the Warranty Period shall not exceed the Cap. This Warranty extends only to Customer and its Recovery Incident Expenses and does not extend to any third parties (including, but not limited to suppliers, service providers, end-clients, and employees or agents of Customer) or any of their losses or damages.
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