downloading or accessing this software, You agree to the following terms:
are not a citizen, national, or resident of Cuba, Iran, North Korea, Sudan, or
Syria, or of any other country to which the United States has prohibited export
and you will not export or reexport directly or indirectly, to the abovementioned
countries nor to citizens, nationals or residents of those countries.
are not listed on, and you will not export or reexport the software to any
person or entity on, the United States Department of Treasury lists of
Specially Designated Nationals, Specially Designated Terrorists, and Specially
Designated Narcotic Traffickers, or the United States Department of Commerce
Denied Persons List, Entity List or Unverified List.
do not intend to use or access, nor will allow any other person to use or
access, the software for any purpose prohibited by United States law, including
without limitation, for the development, design, manufacture or production of
nuclear, chemical or biological weapons of mass destruction.
the event of a conflict between any license terms in this Agreement and any
license terms included in the software, this Agreement will control
This Software License
Agreement (“Agreement”) sets forth the general terms and conditions under which
Veritas is providing to Licensee certain Veritas products for the purpose set
1.1 “Client” or
“Device” is defined as a physical, single computer, storage drive or other
device (i) on which licensee can install
and use the software, (ii) from which licensee accesses and uses the software
installed on a network, or (iii) a physical connection point that links
together two separate devices.
Terabyte” or “FETB” shall mean the total aggregate amount of data on Clients or
Devices (i) on which the applicable Licensed Software is installed or (ii) for
which the Licensed Software is used to provide backup functionality, when such
data is measured as the largest aggregate full (or synthetic full) backup
performed as actually measured by the Licensed Software. Any partial
terabytes of data shall be rounded up to the next whole terabyte. One Terabyte
is equal to one thousand twenty-four (1,024) gigabytes of data.
Service Provider Environment” means the cloud computing environment maintained
by the Cloud Service Provider or its subcontractors.
Service Provider” means the third party entity into whose hosted environment
Licensee is deploying the Licensed Software.
VERITAS PRODUCTS & PURPOSE
Agreement governs the use of any Veritas software product(s) (“Licensed
Software”) downloaded or accessed from this site.
2.2 Purpose: Licensee will only use the Licensed Software for its
internal business operations. Licensee may not permit the Licensed Software
obtained under this Agreement to be accessed by any third parties for any
purpose, other than its consultant or outsourcer, as described in Section 2
LICENSE GRANT & RESTRICTIONS. Subject to Licensee’s
compliance with the terms and conditions of this Agreement, Veritas grants Licensee a limited, personal, non-transferable,
non-exclusive right to: (i) Download and use two copies of the Licensed
Software in object code form, where each copy may be used at a single location for
the sole Purpose identified above to support up to ten (10) Front-End Terabytes
of data, or (ii) access and use the Licensed Software via the Cloud Service
Provider Environment through which Licensee views and accepts this Agreement,
for the sole Purpose identified above to support up to ten (10) Front-End
Terabytes of data, as applicable. “Licensed Software” shall also include
any updates to the programs provided by Veritas, related documentation and
other material or information provided by Veritas.
may allow consultant(s) or outsourcer(s) to use Licensee’s Licensed Software to
assist Licensee in fulfilling the sole Purpose identified above, so long as
such use is consistent with Licensee’s own permitted scope of use, and is
compliant with the terms of this Agreement. Licensee agrees Licensee is
responsible for such third party access and use of the Licensed Software, to
the same extent as if such consultant(s) or outsourcer(s) were Licensee’s
agrees to abide by the terms and conditions contained herein in addition to
those terms and conditions contained in the end user license agreement and
Product Use Rights document provided in or in connection with the applicable
Licensed Software (collectively referred to as “EULA”). This Agreement shall supplement
the EULA and, in the event of a conflict between this Agreement and the EULA,
this Agreement will control.
TERM & TERMINATION. The term of
the Licensed Software right granted hereunder shall begin upon the date
Licensee receives access to the Licensed Software including its enabling
License Key, if applicable, and shall continue until terminated in accordance
with this Agreement (“Term”). The Licensed Software license will
immediately terminate (i) without notice if Licensee fails 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 Licensee shall immediately
terminate and Licensee shall immediately cease use of the Licensed Software, in
whole or in part; and promptly return the Licensed Software and all related
material to Veritas or fully destroy, delete and/or uninstall any copy of
Licensed Software installed or copied by Licensee and certify such destruction
Licensee shall keep accurate business records relating to its use
of the Licensed Software for a period of three (3) years following termination
of this Agreement. Upon request from Veritas, Licensee shall provide Veritas
with a report certifying the destruction of Licensed Software pursuant to
Section 3. The provisions regarding license restrictions, confidentiality,
audit, exclusion of warranty, and the general provisions in Section 8 will
survive expiration of the evaluation Term or termination of this Agreement.
SUPPORT. The Licensed Software is provided
without support of any kind.
EXCLUSION OF WARRANTY. THE LICENSED
SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY
REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT AND UNDER
NO LEGAL THEORY SHALL VERITAS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND
ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF VERITAS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
CONFIDENTIALITY. Each party
may have access to information that is confidential to the other party (“Confidential
Information”) during the Term. Confidential Information shall be limited to
the Licensed Software and any information disclosed by the disclosing party to
the receiving party 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 five (5) years thereafter, the receiving party
shall hold the Confidential Information in confidence and shall not disclose
the Confidential Information to a third party.
Each party 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 that party uses to protect its
own confidential information of a like nature. Licensee shall not use the
Confidential Information for any purpose other than as necessary to exercise
the license granted under this Agreement. Licensee shall not disclose the
results of any benchmark tests run on the Licensed Software without Veritas’
prior written consent.
GENERAL. 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 and the EULA
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. No amendment to this
Agreement will be binding unless evidenced by a writing signed by the party
against whom it is sought to be enforced. 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 Licensee, notwithstanding any
provision to the contrary in any such document.