Subject to and conditioned upon Your compliance with the Agreement, Veritas grants to You a nonexclusive, temporary, royalty-free, non-assignable, non-transferable license to access and use the Service solely for internal non-production evaluation. “Service” means Your access and use of the specific Veritas software product(s) selected by You through the Veritas evaluation process, made available in a third party cloud-based and/or hosted environment and provided to You pursuant to this Agreement, including any corresponding documentation.
2. SERVICE RESTRICTIONS
You may not use the Service in any manner or for any purpose other than as expressly permitted by this Agreement. As a condition of Your use of the Service, You may not, without Veritas’ prior written consent, conduct, cause or permit the: (i) use of the Service for any purpose that is unlawful, harmful, offensive, or prohibited by these terms, conditions, and notices; (ii) removal, obscuration, or alteration of any notice of any trade name, trademarks, service marks or other indicia of origin of a party, or other intellectual property or proprietary right appearing on or contained within the Service; (iii) interference or attempt to interfere in any manner with the functionality or proper workings of the Service; (iv) use of the Service to violate the security or integrity of any network, computer, or communications system, software application, or network or computing device provided by Veritas (individually or collectively “System(s)”), including vulnerability scanning or penetration testing of any System; (v) the creation of network connections to any users, hosts, or networks unless You have permission to communicate with them; (v) action, or attempt any action, that interferes with or disrupts the proper function of any System; nor (vi) use of any Open Source Software in connection with the Service in any manner that requires, pursuant to the license applicable to such public software, the Service be (a) disclosed or distributed in source code form, (b) made available free of charge to recipient, or (c) modifiable without restriction by recipient. “Open Source Software” means any software, documentation or other material that contains, or is derived (in whole or in part) from, any software, documentation or other material that is distributed as free software, open source software or similar licensing or distribution models, including but not limited to software, documentation or other material licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (a) the GNU General Public License (GPL); Lesser/Library GPL (LGPL), or Free Documentation License; (b) The Artistic License; (c) the Mozilla Public License; (d) the Netscape Public License; (e) the Sun Community Source License (SCSL); (f) the Sun Industry Standards License (SISL); (g) the BSD License; and (h) the Apache License.
You acknowledge that this licensed access and use of Service is provided for evaluation convenience, during which use for production purposes is not permitted, and you further agree that Veritas may temporarily or permanently suspend or terminate your Service access for any reason or no reason.
3. OWNERSHIP OF SERVICE
The intellectual property rights in the Service are and will remain Veritas property or that of its licensors.
4. TERM & TERMINATION
This Agreement shall terminate on the end date of the pre-determined evaluation period communicated by Veritas during the evaluation setup process (“Evaluation Period”). The Service may contain an automatic disabling mechanism that prevents its use after a certain period of time. This limited License will immediately terminate (i) without notice if You fail to comply with any obligation of this Agreement; or (ii) upon written notice by Veritas. Upon expiration or termination of this Agreement for any reason, any right, license or permission granted to You with respect to the Service shall immediately terminate and You shall immediately cease access and use of the Service. The provisions regarding confidentiality, ownership, audit, exclusion of warranty, limitation of liability, and the general provisions in Section 13 will survive termination or expiration of this Agreement.
The Service is provided without support of any kind.
6. DISCLAIMER OF WARRANTY
ACCESS TO THE SERVICE IS "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF DEPLOYING, ACCESSING, AND USING THE SERVICE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF PRODUCT LIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT RELATING TO THE SERVICE. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES THAT ACCESS TO, OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
7. DATA AND BACKUP
This evaluation license does not include the right to use the Service for production purposes or with production data. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data.
8. LIMITATION OF LIABILITY
EACH PARTY’S AND ITS AFFILIATES’ LIABILITY UNDER THIS AGREEMENT IS LIMITED TO DIRECT DAMAGES UP TO THE TOTAL FEES RECEIVED BY VERITAS FOR THIS EVALUATION, OR ONE HUNDRED US DOLLARS ($100 USD) (OR LOCAL EQUIVALENT), WHICHEVER IS GREATER. EACH PARTY AGREES NOT TO SEEK, AND EACH PARTY EXPRESSLY WAIVES, ANY RIGHT TO RECOVER ANY OTHER LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE, OR INCIDENTAL DAMAGES. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IF YOUR STATE OR COUNTRY DOES NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES.
9. DATA COLLECTION
Veritas collects and uses Collected Data to enable, optimize and provide the Service to You (and may engage third parties to do so as well), to administer and enforce its license agreements with You, to make recommendations regarding usage of the Service and other Veritas solutions, and/or to improve Veritas’ products and services in general, including by reviewing aggregate data for statistical analyses. By using the Service, You agree that Veritas may, and You have obtained all the necessary consents and rights for Veritas to, collect, use, retain, disclose and/or process Collected Data for the purposes described in this Agreement and in the applicable Veritas product privacy notices at: https://www.veritas.com/privacy. Please note that the use of the Service may be subject to data protection laws or regulations in certain jurisdictions. You are responsible for ensuring that Your use of the Service is in accordance with such laws or regulations. “Collected Data” means certain information which Veritas may collect, retain, disclose and use in connection with Your use of the Service and may include, but is not limited to, personally identifiable information about You, Your employees, agents or contractors acting on Your behalf, Your devices or systems or Your Service usage.
You acknowledge and agree that accessing and using the Service and any related download or technology (“Controlled Technology”) is subject to applicable export control and trade sanction laws, regulations, rules and licenses including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and the U.S. Office of Foreign Assets Controls (“OFAC”). The use, export or reexport of Controlled Technology in violation of the foregoing laws and regulations is strictly prohibited. You are responsible for complying with all applicable laws and regulations. The Service and Controlled Technology are prohibited for use in, export or reexport to Cuba, Iran, North Korea, Sudan, Syria, and to any other country subject to relevant trade sanctions. You acknowledge that you are not a person or entity named on relevant lists maintained by the U.S. Government (including, but not limited to, lists published by the U.S. Department of Commerce, the U.S. Department of State, and the U.S. Department of Treasury’s OFAC), in addition to lists published by the authorities in applicable foreign jurisdictions, because the Service and Controlled Technology are prohibited for use by, export or reexport to any such person or entity. You may not use or export the Service and/or Controlled Technology in connection with chemical, biological or nuclear weapons or missiles capable of delivering such weapons; furthermore, you may not use the Service and/or Controlled Technology without applicable and required export licenses.
By using the Service, you agree to comply with all applicable export and import control laws and regulations. You further represent that you are not under the control of, located in, or a resident or national of any prohibited country, and are not a prohibited person or entity, including but not limited to a Specially Designated National as designated by OFAC. You are hereby notified of the additional information published by Veritas on http://www.veritas.com/legal/legal-notices, or successor website, and will comply with the foregoing.
11. RESTRICTED RIGHTS
This Section applies only to U.S. Government entities. The Service and any related enabling software are deemed to be commercial computer software as defined in FAR 12.212. Any use, modification, reproduction release, performance, display or disclosure of the Service or any related enabling software by the U.S. Government shall be solely in accordance with the terms of this Agreement, and all other provisions of this Agreement shall apply to the U.S. Government, except that any provisions contrary to federal law shall be read out of this Agreement without impacting the validity and enforceability of its other provisions.
You may have access to information that is confidential to Veritas (“Confidential Information”) during the term of this Agreement. Confidential Information shall be limited to the Service and any other information disclosed by Veritas to You that is either identified as or should be reasonably understood to be confidential and/or proprietary. During the term of this Agreement and for a period of two (2) years thereafter, You shall hold the Confidential Information in confidence and shall not disclose the Confidential Information to a third party. You shall use the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential Information as You use to protect Your own confidential information of a like nature. You shall not use the Confidential Information for any purpose other than as necessary to exercise the license granted under this Agreement. You shall not disclose the results of any benchmark tests run on the Service without Veritas’ prior written consent.
You shall not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of Veritas and any such assignment shall be null and void. Veritas may assign this Agreement to any party. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. This Agreement will be governed by and construed under the laws of the State of California, without giving effect to such state’s conflict of law principles. Any legal action or proceeding relating to this Agreement shall be instituted in a state or federal court in Santa Clara County, California. Veritas and You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. This Agreement constitutes the entire agreement of the parties concerning its subject matter and supersedes any and all prior or contemporaneous, written or oral negotiations, correspondence, understandings and agreements between the parties respecting the subject matter of this Agreement. Any subsequent modifications to these terms and conditions will be made in writing and duly signed by authorized representatives of both parties or they will be void and of no effect. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions. In addition, the terms of this Agreement shall control any conflicting, inconsistent, and/or additional standard terms or conditions on any purchase order, invoice or other document submitted by you, notwithstanding any provision to the contrary in any such document.