You hereby grant to us a non-exclusive, perpetual, irrevocable, royalty-free, transferable, worldwide right and license, with the right to sublicense, to use, reproduce, perform, display, disclose, distribute, modify, prepare derivative works of and otherwise exploit the feedback without restriction in any manner now known or in the future conceived and to make, use, sell, offer to sell, import and export any product or service that incorporates the feedback. Our licensors and service providers will have no liability of any kind under this Agreement. VMware HCX Enterprise is available with Azure VMware Solution as a Preview function/service. You will (i) comply with all applicable privacy and data protection laws with respect to your Processing of Service Data and any Processing instructions you issue to us; and (ii) ensure that you have obtained (or will obtain) all consents and rights necessary for us to Process Service Data in accordance with this Privacy Addendum. If you believe an unauthorized person has gained access to your Login Credentials, you must notify us as soon as possible by submitting a Severity 1 Service Request (see the applicable Support Policy). We may provide billing and related services associated with the Third Party Content. 14.9 "Service Level Agreement" means the then-current version of the Service Offering Service Level Agreement document available at https://www.vmware.com/support/vcloud-air/sla. Found inside – Page 152Setting up a disaster recovery service VMware vCloud Air - Disaster Recovery ... + optional Production support 24 x 7 x 365 Subscription terms • 1 month • 3 ... You may receive open source software when you use the Service Offering. Definitions. Any early evaluation or beta features or functionality do not constitute an implied commitment to offer to you or anyone these features and functionality as part of the Service Offering on a generally available basis. If you believe that your copyrighted work has been copied and is accessible on the Service Offering in a way that constitutes copyright infringement, please send a notice to our copyright agent providing the following information: (1) a description of the copyrighted work that you claim has been infringed and a description of the infringing activity, (2) a description of the location of the material that you claim is infringing is located, such as the URL where it is posted, (3) your name, address, telephone number and email address, (4) a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law (5) a statement made by you, under penalty of perjury, that the above information in your notice of infringement concerns is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf, and (6) your electronic or physical signature, as the copyright owner or as the person authorized to act on the owner's behalf. You are responsible for any software, product or service that a third party licenses, sells or makes available to you that you install or use with the Service Offering. The specific terms for vCloud Air in Section 2 above are hereby incorporated by reference into this Section 3 for vCloud Air SQL, with the exception of Section 2.4 (Security and Audit) which is hereby replaced with the following for vCloud Air SQL only:       Security and Audit: vCloud Air SQL has an information security management system in place to assess risks and apply appropriate controls. 3.4 Notification of Infringement Concerns. 12.2  Exceptions. Those terms will be available to you through a notification within the Service or the Third Party Terms. You will also be responsible for all additional fees for any subscription renewals and extensions and metered usage components consumed, and other subscriptions, features, products, services or add-ons that you purchase within the Service. THE LIMITATIONS OF LIABILITY IN THIS SECTION 11.1 WILL NOT APPLY TO (A) OVH'S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT OR (B) ANY LIABILITY WHICH MAY NOT BE EXCLUDED BY APPLICABLE LAW. You may not settle or compromise any Infringement Claim without our prior written consent. It may include names and contact details of your personnel involved in maintaining or using the Service Offering. In addition, the following definitions will apply throughout this Privacy Addendum:        (i)   “Controller” means an entity that determines the purposes and means of the Processing of Personal Data. If you set up an authorized account for an organization, you will require that all authorized users of that account (including anyone providing services to you) keep confidential their Login Credentials. 14.2 "Infringement Claim" means any third party claim that the use by you solely of the Service Offering, as used as contemplated in this Agreement, infringes any patent, trademark or copyright of the third party, or misappropriates a trade secret (but only to the extent that the misappropriation is not a result of your actions) under the laws of: (a) the United States; (b) Canada; (c) the European Economic Area member states; (d) Australia; (e) New Zealand; (f) Japan; or (g) the People's Republic of China, to the extent that those countries are part of your places of use of the Service Offering. 13.10 Governing Law. Orders, Delivery, Payment, and Taxes. 2.2  Your Compliance. 15. 13.3 Modifications. Your request for a purchased Service Offering will be deemed accepted when we authorize the purchased Service Offering for your Login Credentials. Accelerate modern app operations with network and security virtualization for WAN, data center and cloud. If we are required to respond to a subpoena, court order, warrant, audit or agency action and that occurrence demands that we disclose Service Data, we will promptly notify and provide you with a copy of the demand unless legally prohibited from doing so. Conversely, VMware Cloud on AWS is the preferred public cloud service recommended by AWS for all VMware vSphere based workloads. an obligation the fulfillment of which is essential to enable the proper performance of the contract, and on which fulfillment you may rely on); and 11.1.2 will not exceed per damage event (i) EUR 250.000 (Two Hundred Fifty Thousand Euro), or (ii) if the aggregate fees paid or payable to us for your access to and use of the Service Offering in the twelve (12) months prior to the event giving rise to your claim are higher, then those fees for the specific Service Offering given rise to such claim (subject to the limit set forth in Section 11.1.3 below). We may collect Usage Data. Confidential Information. We may suspend your use of the Service Offering if we reasonably determine: (a) payment for the Service Offering is not received within 30 days from the date on which payment is due; (b) you are, or your use of the Service Offering is, in breach of this Agreement; (c) you fail to address our request to take action as specified in Section 3.3; (d) your use of the Service Offering poses a security risk to the Service Offering or other users of the Service Offering; or (e) suspension is required pursuant to our receipt of a subpoena, court order, or other request by a law enforcement agency. VMware Cloud boosts developer productivity by enabling them to build and . (iii)   Data Center Locations: For the purposes of Section 2.7 of this Privacy Addendum, You will be deemed to have chosen the location of where your Service Data will be stored, based on your location. Any Evaluation Service features and functionality do not constitute an implied commitment to offer them to you or anyone as part of the Service Offering on a generally available basis. 14.3  “Intellectual Property Rights”  means all worldwide intellectual property rights, including copyrights, trademarks, service marks, trade secrets, patents, patent applications, and moral rights, whether registered or unregistered. It is your responsibility to regularly check the Service Offering and My VMware portals for updates. Oracle Cloud VMware Solution helps organizations accelerate their cloud strategy by leveraging existing VMware investments. If you purchase or receive the VMware Catalog Service offering from VMware (whether as a standalone service or within a service bundle), then the following provision will apply:         (i) Usage Data: In the context of the Service Catalog, the term “Usage Data” means any data relating to the consumption, configuration, launch instances and/or usage of features within the Service Offering provided to you and individual Users of the Service Offering. It is your responsibility to check the Third Party Terms available at https://www.vmware.com/go/vcgs-tpt, which we may modify from time to time, for any terms or restrictions applicable to your use of Third Party Content. Each party will use reasonable care to protect the confidentiality of the other party's Confidential Information. Our liability for a claim of any nature arising out of this Agreement, regardless of whether the claim is based in contract, tort, strict liability, or otherwise, 11.1.1 will be limited to damages that are foreseeable and typical for this type of contract ("vertragstypische und vorhersehbare Schäden") arising from a slight negligent breach of a material contractual obligation ("Kardinalpflicht", i.e. You will select the location where your Service Data will be stored. Azure VMware Solution is a Microsoft service, verified by VMware, that runs on Azure infrastructure. 14.13 "Third Party Terms" means the then-current version of the third party terms applicable to Third Party Content that you obtain in connection with the Service Offering that are available at http://www.vmware.com/files/pdf/vcloud-air/vmware-vcloud-air-third-party-terms.pdf. The recipient will provide the other party notice, when practicable, and will take reasonable steps to contest and limit the scope of any required disclosure. Found inside – Page 331... 63 VMM, 63 bucket, 61 capacity on demand, 66,67 cloud-defined storage controller, ... provisioning and, 183–184 terms of service, 147–148 testing tools, ... We monitor the overall performance and stability of the infrastructure of the Service Offering. You will take steps to ensure that any User does not post content that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to anyone; (b) may create a risk of any other loss or damage to any person or property; (c) may constitute or contribute to a crime or tort; (d) contains any information or content that is illegal, unlawful, harmful, abusive, pornographic, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; or (e) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. (ii)   “Data Breach” means any accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, access or other Processing of or to Service Data. We Process Service Data only as a Processor on your behalf and for the purposes set forth in the Agreement. Solely for purposes of reporting copyright infringement, please contact OVH's copyright agent: OVH US LLC Intellectual Property Counsel 12110 Sunset Road, Suite 600 Reston, VA 20190 Email: copyrights@interne.ovh.us Tel: 571-375-8204 4. View Your Subscription Purchase Program Fund You can purchase Subscription Purchase Program (SPP) credits, which can be redeemed against VMware Cloud on Dell . 13.4 Waiver. 14. 1.3  Audit; Cooperation. EVALUATION PROGRAM USE. 13.13 Entire Agreement. The terms of this Agreement will supersede and control over any conflicting or additional terms and conditions of any other purchasing related document issued by you, unless an Order specifically references this Agreement and states that the terms of the Order will control. Any metered usage components and any initial monthly fees will be billed in arrears. Each party will comply with all laws applicable to the actions contemplated by this Agreement. These provisions will apply in addition to the general privacy provisions in Part I (General Privacy Provisions). Notwithstanding any other provision in this Agreement, under a VMware evaluation program, we provide the Service Offering “AS-IS” without indemnification, support or warranty of any kind, expressed or implied, and we will not be liable for any damages. You will comply with all laws, rules and regulations applicable to your use of the Service Offering. Leverage your infrastructure across any app, any cloud and any device for intrinsic security at every layer. (iii)   Infrastructure Monitoring: We reserve the right to monitor and administer the VMware Infrastructure so that we can (a) prevent or address service or technical problems; (b) provide customer support; (c) detect, prevent or address fraud, technology or security issues; (d) protect against harm to the rights, property or safety of us, our users or the public; and (e) perform or enforce contractual obligations, or comply with applicable law. VMware Cloud Provider Partners deliver VMware Cloud Infrastructure in services worldwide with the VMware Cloud Verified designation. Any capitalized terms used but not defined in this Privacy Addendum will have the meanings given to them in the Agreement. As used in this Agreement, the word 'including' means "including but not limited to." They differ substantially in how. This book will help not only SMB but also large organizations as well to adopt this technology because it is seen that often large enterprises started their data center transformation journey with a small footprint. OVH's copyright agent for notice of claims of copyright infringement can be reached as set forth below. 7.2 Termination for Cause. Export Administration Regulations (including “deemed export” and “deemed re-export” regulations), and may be subject to the export control laws of the applicable territory. Gain support for your apps—from existing to cloud-native to SaaS—across private, public, and hybrid clouds using services by partners displaying the VMware Cloud Verified logo. If you purchase or receive the VMware Identity Manager Service Offering from VMware, then the following provisions will apply:        (i)   Service Data: In the context of the VMware Identity Manager Service Offering, the term "Service Data" means any data (including any Personal Data) that VMware Processes on your behalf in the course of providing you with the Service. You will remain responsible for all fees incurred before or during the suspension. IP Ownership. Found inside – Page 48FIGURE 3.1 The vCloud family Internal vSphere Deployment ... self-service access to consumers, and also allows for end-to-end VMware vSphere vSphere Hosts ... 2. (ii)   Usage Data: In the context of the Horizon Air Service Offering, the term “Usage Data” means any data relating to the consumption, configuration, performance or features of the Service Offering provided to you. VMware Processes Usage Data for the purposes described in Section 4 of Part I of this Privacy Addendum. 7.4 Effect of Termination. 1.3 Monitoring. You may access and use the Service Offering solely for your own benefit (or the benefit of your organization) and only in accordance with this Agreement. 13.9  Construction. To access the Service Offering, you must register for the Service Offering and set up an authorized account with Login Credentials. If we have reason to believe that you or your users have breached this Agreement or the Use Restriction Policy, we or our designated agent may review your use of the Service Offering, including your account, Your Content, and records, to verify your compliance with this Agreement. 10.4  Exclusions. You hereby confirm that we can rely on the name and address you provide to us when you agree to the Service Offering or in connection with your payment method as being the place of supply for sales tax and income tax purposes or as being the place of supply for VAT purposes where you have established your business. This Agreement is governed by the laws of the State of California, United States of America (excluding its conflict of law rules), except as follows: for Service Offering purchases where you choose a data center that is outside the United States of America, the governing laws are those of the country in which the data center is located (excluding its conflict of law rules). 13.7  Government Regulations. Build, run, manage, connect and protect all of your apps, anywhere with a digital foundation built on VMware. VMware Telco Cloud enables CSPs to have the freedom to build and deploy any applications in any cloud from the core datacenter to the telco edge , while maintaining the highest level of consistency for infrastructure, operations and developer experience. Found inside – Page 1789VMware vCloud director: Secure private clouds, infrastructure as a service. ... KEY TERMS AND DEFINITIONS IaaS: Infrastructure as a Service is a cloud ... Specific Terms for vRealize Air Compliance. 1. The Service Offering will be provided solely from data centers and support facilities located in the United States. We will not be liable for any delay or failure to perform any obligations under this Agreement due to any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications or other utility failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism or war. While VMware HCX EE for Azure VMware Solution is in Preview, it is a free function/service and subject to Preview service terms and conditions. 4.1 Ownership of Service Offering. Review the Service Level Agreement for VMware Cloud on AWS The Service Level Agreement (SLA) for VMware Cloud on AWS defines the service components that have an availability commitment as well as their associated targets. VMware is committed to delivering cloud-native technology to its customers to provide security across environments and devices. We will not be liable for any delay or failure to perform any obligations under this Agreement due to any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications or other utility failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism or war. 2.1 Data Protection. The recipient will provide the other party notice, when practicable, and will take reasonable steps to contest and limit the scope of any required disclosure. You may monitor and manage your Service Offering account via the My VMware Portal available at www.vmware.com/accounts and through the Service Offering Portal available at http://vcloud.vmware.com. If you fail to comply with our request within twenty-four hours, we may suspend your account or disable access to Your Content until you comply with our request. You may provide us with feedback (such as comments or suggestions) regarding the Service Offering (“Feedback”). If we are unable to correct the defect, we will refund an appropriate portion of the fees paid by you with respect to the affected portion of the affected Service Offering. 14.14 “Use Restriction Policy” means the then-current Carpathia Hosting, Inc. If so, those separate terms will prevail over this Agreement as to your use of the data, content, software or applications. We will notify you of any material, detrimental change to this Agreement, the Service Description, the Service Level Agreement, or the Support Policy. 14.5  “Order”  means the internet order page, order document, purchase order, or purchase agreement issued to VMware that specifies your purchase of the Service Offering. If you fail to do so, we may ask you to do so. All written requests must clearly specify: Open Source Files Request, Attention: General Counsel. 1.6 Open Source Software. Vmware Cloud Terms Of Service Visitorial and inoculative Demetris never isomerizes his shockingness! Software licensed by VMware is Third Party Content. You may not settle or compromise any indemnified claim without our prior written consent. Notwithstanding any other provision of this Agreement, we provide the Evaluation Service (a) free of charge and without support; and (b) "AS IS" without indemnification or warranty of any kind. In particular, Service Data will include any User attribute data (for example, usernames and access rights) you provide to VMware to receive the Service Offering. You agree that we may subcontract Processing of your Service Data to a third party. We will use reasonable endeavors to mitigate and, where possible, to remedy the effects of, any Data Breach. United Kingdom About Us Store. 8. Azure VMware Solution (AVS) is a VMware - validated private cloud solution, managed and maintained by Azure. 1.3 Verifying Compliance; Cooperation. Explore tailored solutions for your application framework, cloud infrastructure and security architecture. SASE converges cloud networking and cloud security service to deliver flexibility, agility, and scale for enterprises of all sizes. Unauthorized access, use, or modification of this computer system or of the data contained herein or in transit to/from this system constitutes a violation of Title 18, United States Code, Section 1030 and state criminal and civil laws. Each party will comply with all laws applicable to the actions contemplated by this Agreement. All Orders issued to VMware are subject to the terms of this Agreement and are not binding until accepted by VMware. You represent and warrant that Your Content does not and will not violate any third-party rights, including any Intellectual Property Rights, and rights of publicity and privacy.

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