© 2019 Pivotal Commware, Inc. All Rights Reserved.
Pivotal Commware® is a registered trademark of Pivotal Commware, Inc.
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works based on the Software. You may not rent, lease, lend, sublicense or provide commercial hosting services with the
Software.
4. CONSENT TO USE OF DATA. You agree that Pivotal and its affiliates may collect and use technical information gathered as
part of the product support services related to the Products provided to you, if any. Pivotal may use this information solely to
improve its products and services, to provide benchmark reporting to its existing and prospective customers, and/or to provide
customized services or technologies to you and will not disclose this information in a form that personally identifies you.
5. UPGRADES. This EULA applies to updates, supplements and add-on components (if any) of the Software that Pivotal may
provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other
terms along with such upgrade. To use Software identified as an upgrade, you must first be licensed for the Software identified
by Pivotal as eligible for the upgrade. After upgrading, you may no longer use the Software that formed the basis for your
upgrade eligibility.
6. SOFTWARE TRANSFER. You may not transfer this EULA or the rights to the Software granted herein to any third party unless
it is in connection with the sale of the Product. In such event, the transfer must include all of the Software (including all
component parts, the media and printed materials, any upgrades, this EULA) and you may not retain any copies of the
Software. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the
Product must agree to all the EULA terms.
7. EXPORT RESTRICTIONS. You acknowledge that the Product is subject to export restrictions of various countries. You agree to
comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration
Regulations, as well as end user, end use, and destination restrictions issued by U.S. and other governments.
8. TERMINATION. This EULA is effective until terminated. Your rights under this EULA will terminate automatically without
notice from Pivotal if you fail to comply with any of the terms and conditions of this EULA. Upon termination of this EULA, you
shall cease all use of any Products.
9. DISCLAIMER OF WARRANTIES. You expressly acknowledge and agree that use of the Products is at your sole risk and that the
entire risk as to satisfactory quality, performance, accuracy and effort is with you. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE PRODUCT IS PROVIDED "AS IS" AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND
PIVOTAL AND ITS LICENSORS (COLLECTIVELY REFERRED TO AS "PIVOTAL" FOR THE PURPOSES OF SECTIONS 9, 10 and 11)
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF
SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR
AVAILABILITY, OF ACCURACY, OF LACK OF VIRUSES, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
PIVOTAL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT, THAT THE FUNCTIONS
CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PRODUCT WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY PIVOTAL OR A PIVOTAL AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
EXCEPT AS EXPRESSLY PROVIDED IN PIVOTAL’S LIMITED WARRANTY, SHOULD THE PRODUCT
PROVE DEFECTIVE, YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THESE
EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW,
IN NO EVENT SHALL PIVOTAL BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES WHATSOEVER, OR FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR FOR ANY PECUNIARY
DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE
PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY
PROVISION OF THIS EULA, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE)
AND EVEN IF PIVOTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY
NOT APPLY TO YOU.