mirror of
https://github.com/gentoo-mirror/guru.git
synced 2026-07-08 06:32:59 -04:00
68 lines
5.6 KiB
Plaintext
68 lines
5.6 KiB
Plaintext
OMNISSA SOFTWARE EXHIBIT
|
||
Updated as of June 2026
|
||
This Software Exhibit to the Omnissa General Terms applies if Customer acquires licenses to Software.
|
||
1. LICENSE GRANT.
|
||
1.1 License Grant. Omnissa grants Customer a non-exclusive, non-transferable license to may use the
|
||
Software as set forth in section 1.3 (Scope of Use) of the General Terms. Customer may: (a) deploy the
|
||
number of Software licenses set forth in the Order within the Territory; and (b) use the Software and the
|
||
Documentation during the term of the license, solely for Customer’s internal business operations and
|
||
subject to the provisions of the Product Guide. Licenses granted to Customer are for use of object code
|
||
only.
|
||
1.2 Third-Party Agents. Customer may permit Third-Party Agents to deploy and use the Software on
|
||
Customer’s behalf solely to deliver services to Customer.
|
||
1.3 Copying Permitted. Customer may make a reasonable number of copies of the Software for “cold
|
||
standby” disaster recovery, backup, and archival purposes. Use of those copies is limited to testing
|
||
Customer’s disaster recovery procedures and effectiveness, and as may be necessary during any
|
||
reasonable period subsequent to the occurrence of an actual disaster during which Customer cannot
|
||
operate the Software.
|
||
1.4 License Term. Customer may use Subscription Software solely during the Subscription Term. Upon
|
||
expiration of the Subscription Term, Customer must promptly cease use of the Subscription Software and
|
||
the related Documentation.
|
||
1.5 Migration Licenses. Customer may request licenses to the Software that may be used only to upgrade or
|
||
replace hardware, change data centers, or upgrade to a newer version of the Software (“Migration
|
||
Licenses”). Customer may only use Migration Licenses for the period granted by Omnissa. Migration
|
||
Licenses are provided “AS IS” without indemnification, support, or warranty of any kind, express or implied.
|
||
Omnissa’s aggregate liability (excluding indirect damages, for which Omnissa expressly disclaims all
|
||
liability) for any claim arising from Customer’s use of Migration Licenses will not exceed $5,000 USD.
|
||
1.6 Cloud Services. If the Software includes a Cloud Service component or if a Software bundle or edition
|
||
includes a Cloud Service entitlement, that Cloud Service is subject to the Cloud Services Exhibit.
|
||
2. LICENSE RESTRICTIONS. Customer must not, and must not allow anyone else to: (a) make the Software
|
||
available in any form to any third parties, except as specified in section 1.2 (Third-Party Agents) above; (b)
|
||
modify, translate, enhance, or create derivative works from the Software; (c) reverse engineer, decompile,
|
||
or otherwise attempt to derive source code from the Software, except to the extent permitted by
|
||
applicable law; or (d) remove any copyright or other proprietary notices from the Software or the
|
||
Documentation.
|
||
3. RECORDS AND REPORTING.
|
||
3.1 Verification. Customer agrees to provide reports and records, certified by an authorized individual at
|
||
Customer, as reasonably requested by Omnissa to verify that Customer’s use of the Software is in
|
||
compliance with Agreement and the Order, including but not limited to the Authorized Use Limitation and
|
||
the License Metric. These reporting and verification obligations remain in effect during the term of
|
||
Customer’s entitlement to the Software and for twelve (12) months thereafter. Customer agrees that, upon
|
||
thirty (30) days’ prior written notice, Omnissa or an independent third party may verify Customer’s
|
||
compliance with the Agreement and the Order with respect to Customer’s use of the Software, remotely
|
||
or at Customer’s facilities. Customer must cooperate with that verification, which Omnissa agrees will be
|
||
confidential, and commercially reasonable in nature and time. If Customer’s certification or Omnissa’s
|
||
OMNISSA SOFTWARE EXHIBIT © 2026 Omnissa, LLC
|
||
v. June 2026 Page 2
|
||
verification reveals any unpaid or unlicensed use, Omnissa will provide written notification to Customer and
|
||
within thirty (30) days of that written notification Customer will order a sufficient number of seats or
|
||
licenses to the Software and any applicable Support to cover Customer’s use in excess of the Authorized
|
||
Use Limitation. If any verification reveals an underpayment of ten percent (10%) or more of total fees owed
|
||
for the review period, Customer will also reimburse Omnissa for Omnissa’s reasonable expenses incurred
|
||
for the verification.
|
||
3.2 Reporting. Upon request by Omnissa, at least 90 days prior to the expiration of Customer’s entitlement to
|
||
Support Services (if Support Services are purchased separately) or to Subscription Software, Customer
|
||
must report to Omnissa the number of Software licenses Customer has deployed, and other information
|
||
reasonably requested by Omnissa related to Customer’s deployment and use of the Software.
|
||
4. SUPPORT SERVICES. Omnissa will provide Support Services for the Software as provided in the Support
|
||
Services Guide. Customer's use of a version of the Software provided through Omnissa’s Support Services
|
||
will be subject to the terms of the Product Guide on the date Customer first installs that release.
|
||
5. DEFINITIONS.
|
||
Authorized Use Limitation means the quantity of the Software licensed in accordance with the License
|
||
Metric specified in an Order.
|
||
License Metric means the specific criteria for measuring the usage of the Software (e.g., Devices, Named
|
||
Users, etc.).
|
||
Territory means the country in which Customer has been invoiced. If the Territory for Software includes
|
||
any European Economic Area member states or the United Kingdom, Customer may deploy that Software
|
||
throughout the European Economic Area or the United Kingdom, respectively.
|