NEC Express5800/120Li User Manual download pdf (Page 3)

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hardware, and non-personally identifiable Software usage statistics (“Collected Data”) to facilitate

the provisioning of updates, support, invoicing or online services to You. Collected Data is subject

to VMware’s Privacy Policy at http://www.vmware.com/help/privacy.html

2.7 Audit Rights. During the term of this EULA and for two (2) years after termination or expiration

of the EULA or support and subscription services for the applicable Software has expired, You

agree to maintain accurate records as to your installation and use of the Software, sufficient to

provide evidence of compliance with the terms of this EULA. VMware, or an independent third

party designated by VMware, may audit, upon written notice to You, your books, records, and

computing devices to determine your compliance with this EULA and your payment of the

applicable license and support services fees, if any, for the Software. VMware may conduct no

more than one (1) audit in any twelve (12) month period. In the event that any such audit reveals an

underpayment by You of more than five percent (5%) of the license amounts due to VMware in the

period being audited, or that You have breached any term of the EULA, then, in addition to paying

to VMware any underpayments for Software licenses and Support and Subscription (“SnS”) fees

and any other remedies VMware may have, You will promptly pay to VMware the audit costs

incurred by VMware.

3. TITLE. VMware retains all right, title, and interest in and to the Software, the Software License

Key(s) and all related intellectual property rights. VMware retains all rights not expressly granted to

You in this EULA.

4. SUPPORT AND SUBSCRIPTION SERVICES. Except as expressly specified in Section 8 of

this EULA, VMware does not provide any support or subscription services for the Software under

this EULA. You have no rights to any updates, upgrades or extensions or enhancements to the

Software developed by VMware unless you separately purchase VMware support or subscription

services. These support or subscription services are subject to VMware’s then-current Support and

Subscription Contract Terms and Conditions.

5. TERMINATION. VMware may terminate this EULA immediately upon notice if You fail to

comply with any term of this EULA. In the event of termination, You must remove and destroy all

copies of the Software and Software License Key(s), including all backup copies, from the server

and all computers and terminals You own, possess or control and on which the Software is installed.

Any obligations to pay fees incurred prior to termination and Sections 1, 2, 3, 6, and 7 of this

EULA shall survive termination for any reason.

6. LIMITED WARRANTY AND LIMITATION OF LIABILITY

6.1 Limited Warranty. VMware warrants that (i) the physical media, if any, on which the Software is

delivered will be free of defects in materials and workmanship; and (ii) that the Software will

substantially conform to the functional description set forth in the standard Documentation

accompanying the Software for a period of 90 days after the date of delivery of the Software

License Key to You (“Warranty Period”). If the physical media is defective and is returned to

VMware within the Warranty Period, your exclusive remedy will be VMware’s option to repair or

replace the defective physical media.. To return the defective physical media, send an email to

sales@vmware.com

to request a return authorization number. If during the Warranty Period the

Software does not substantially conform to the functional description set forth in the

Documentation, your exclusive remedy will be that VMware shall, at its sole option, correct the

defects in the Software or refund the license fees You paid, if any, for the Software provided that (i)

the Software has been properly installed and used at all times and in accordance with the

Documentation; (ii) no modification, deletion or addition has been made to the Software by persons

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