SUPPLEMENTAL SOFTWARE LICENSE AGREEMENT FOR VERITAS SOFTWARE PRODUCTS INSTALLED ON CLOUD SERVICE PROVIDER ENVIRONMENTS:
This Veritas Supplemental Software License Agreement ("SEULA") contains additional terms and conditions for the Licensed Software licensed to you under the applicable License Agreement and (if applicable) License Instrument between you and Veritas Technologies LLC and/or its affiliates ("Veritas") when deployed and used in the Cloud Service Provider Environment through which you view and accept this SEULA or when deployed by the Deployment Software into the applicable Cloud Service Provider Environment upon your acceptance of this SEULA. (For purposes of this document, with respect to your use of the Licensed Software in Cloud Service Provider Environments, this SEULA shall be deemed part of and incorporated into the License Agreement and License Instrument all of which may collectively be referred to as the "BYOL License Agreement"). Capitalized terms used in this SEULA but not defined will have the meanings assigned to them in the License Agreement and/or License Instrument. The terms and condition of this SEULA, the License Instrument, and License Agreement will govern in that order of precedence.
BY INSTALLING, ACCESSING OR USING THE LICENSED SOFTWARE IN THE CLOUD SERVICE PROVIDER ENVIRONMENT, YOU ACCEPT THE TERMS OF THE BYOL LICENSE AGREEMENT ON BEHALF OF YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT (COLLECTIVELY, "CUSTOMER"). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE BYOL LICENSE AGREEMENT, CLICK THE "I DO NOT AGREE" OR "NO" BUTTON OR OTHERWISE INDICATE REFUSAL AND MAKE NO FURTHER USE OF THE LICENSED SOFTWARE IN THE CLOUD SERVICE PROVIDER ENVIRONMENT.
"Cloud Service Provider Environment" means the cloud computing environment maintained by the Cloud Service Provider or its subcontractors.
"Cloud Service Provider" means the third party entity into whose hosted environment you have chosen to deploy your Licensed Software entitlement.
"Service" means the hosting, storage and other services provided by third parties within the Cloud Service Provider Environment. For clarity, Services are not provided by Veritas, and your use of Licensed Software in the Cloud Service Provider Environment is not a service performed by Veritas.
You may use the Licensed Software in the Cloud Service Provider Environment subject to the Use Levels of the BYOL License Agreement. For clarity, your use of the Licensed Software in Cloud Service Provider Environment(s) accumulates with your use of the Licensed Software outside of Cloud Service Provider Environment(s) and such combined usage shall cumulatively be in compliance with the Use Levels limitations specified in the License Instrument for the licenses which you have purchased. You will procure Cloud Service Provider's cooperation with Veritas' exercise of its right to audit and verify your compliance under the License Agreement, including your use in conformity with the Use Levels purchased, but if you are unable to procure such cooperation then you will, upon Veritas' written request, provide or require Cloud Service Provider to provide, copies of Cloud Service Provider's written usage reports relating to your use of the Licensed Software in the Cloud Service Provider Environment. Subject to any requirements between the Cloud Service Provider and Veritas, Veritas will use such information for its internal business purposes.
TERMINATION OF BYOL.
If Cloud Service Provider or Veritas terminates its support for the Licensed Software in the Cloud Service Provider Environment, including therefore your access and use of the Licensed Software under such environment, such termination does not affect your separate continuing license rights and obligations under the License Agreement and License Instrument.
If your use of the Licensed Software under the BYOL License Agreement includes access to additional software developed by Veritas for deploying the Licensed Software into a Cloud Service Provider Environment ("Deployment Software"), Veritas grants to you a non-exclusive, non-transferable license to use a single copy of the Deployment Software solely in support of your use of the Licensed Software in the applicable Cloud Service Provider Environment. You may not, without Veritas' prior written consent, conduct, cause or permit the modification or creation of derivative works based on the Deployment Software. Licensed Software deployed into a Cloud Service Provider Environment using Deployment Software modified by you is not supported as part of the maintenance/support you may have purchased for the Licensed Software.
DISCLAIMER OF WARRANTY.
ACCESS TO CLOUD SERVICE PROVIDER'S SERVICE IS PROVIDED UNDER YOUR SEPARATE TERMS AND CONDITIONS WITH SUCH CLOUD SERVICE PROVIDER, AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES FROM VERITAS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR ACCESS OF SERVICE ON A THIRD PARTY CLOUD SERVICE PROVIDER ENVIRONMENT IS SUBJECT TO CHANGES BY THIRD PARTIES PROVIDING SUCH ENVIRONMENTS WHICH ARE OUTSIDE VERITAS' CONTROL. VERITAS SHALL NOT BE RESPONSIBLE FOR ANY OUTAGES, DATA LOSS, BUGS, TECHNICAL PROBLEMS, OR OTHER ERRORS CAUSED DIRECTLY OR INDIRECTLY THROUGH YOUR ACCESS TO THE SERVICE ON SUCH NONVERITAS, THIRD PARTY CLOUD SERVICE PROVIDER ENVIRONMENTS. YOU SHALL BEAR THE SOLE RISK OF LOSS OF OR DAMAGE TO ANY DATA THROUGH USE OF SUCH NON-VERITAS, THIRD PARTY CLOUD SERVICE PROVIDER ENVIRONMENTS.
LIMITATION OF LIABILITY.
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 WILL VERITAS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGE IN CONNECTION WITH ANY THIRD PARTY CLOUD SERVICE PROVIDER SERVICE, INCLUDING (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS BYOL LICENSE AGREEMENT, EVEN IF VERITAS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR.
USE OF SOFTWARE LICENSED BY MICROSOFT CORPORATION.
If you are deploying Licensed Software in Microsoft Azure, the following may apply. The Licensed Software may include the following Microsoft software products: Windows Server®, SQL Server® or Microsoft Dynamics NAV® ("Microsoft Software Products"), which are provided and licensed by Microsoft Corporation, not Veritas. Your use of the Microsoft Software Products, including updates thereto, shall be governed by Microsoft's license terms.
USE OF SOFTWARE LICENSED BY AMAZON WEB SERVICES, INC.
If you are deploying Licensed Software in Amazon Web Services, the following may apply. The Licensed Software includes components of Amazon EC2 AMI Tools, which is provided and licensed by Amazon Web Services, Inc., not Veritas. Your use of the Amazon EC2 AMI Tools component, including updates thereto, is subject to the terms of the Amazon Web Services, Inc. "Amazon Software License" at: Amazon Software License