Seagate ST1100FS0000 Seagate X8 Accelerator User Guide for VMware - Page 6

4. Updates If you receive an update or an upgrade to, or a new version of, any Software ("Update") you must possess a valid license to the previous version in order to use the Update. All Updates provided to you shall be subject to the terms and conditions of this EULA. If you receive an Update, you may continue to use the previous version(s) of the Software in your possession, custody or control. Seagate shall have no obligation to support the previous versions of the Software upon availability of an Update. Seagate has no obligation to provide support, maintenance, Updates, or modifications under this EULA. 5. NO WARRANTY. THE PRODUCT AND THE THIRD-PARTY SOFTWARE ARE OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. SEAGATE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SEAGATE DOES NOT PROVIDE THE THIRD PARTY SERVICES AND MAKES NO WARRANTIES WITH RESPECT TO THE THIRD PARTY SERVICES. YOUR USE OF THE THIRD PARTY SERVICES IS AT YOUR RISK. 6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEAGATE OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR F AlLURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANYWAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT OR ANY PART OR COMPONENT THEREOF OR RELATED SERVICE OR ANY THIRD PARTY SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THE EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF SEAGATE OR ITS LICENSORS OR SUPPLIERS, AND EVEN IF SEAGATE OR ITS LICENSOR OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAlLURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY REMEDY. 7. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER, THE ENTIRE LIABILITY OF SEAGATE UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO, AND IN NO EVENT WILL SEAGATE'S TOTAL CUMULATIVE DAMAGES EXCEED, THE FEES PAID BY LICENSEE TO SEAGATE FOR THE PRODUCT. ADDITIONALLY, IN NO EVENT SHALL SEAGATE'S LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES OF ANY KIND. 8. Privacy. Seagate's collection, use and disclosure of personally identifiable information in connection with your use of the Product is governed by Seagate's Privacy Policy which is located at http://www.seagate.com/about/legal-privacy/privacy-statement/. 9. Indemnification By accepting the EULA, you agree to indemnify and otherwise hold harmless Seagate, its officers, employees, agents, subsidiaries, affiliates, and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Product or any other matter relating to the Product, including, without limitation, use of any of the Third Party Services. 10. International Trade Compliance. The Software and any related technical data made available for download under this EULA are subject to the customs and export control laws and regulations of the United States ("U.S.") and may also be subject to the customs and export laws and regulations of the country in which the download is contemplated. Further, under U.S. law, the Software and any related technical data made available for download under this EULA may not be sold, leased or otherwise transferred to restricted countries, or used by a restricted end-user (as determined on any one of the U.S. government restricted parties lists, found at http://www.bis.doc.gov/complianceandenforcement/liststocheck.htrn) or an end-user engaged in activities related to weapons of mass destruction including, without limitation, activities related to designing, developing, producing or using nuclear weapons, materials, or facilities, missiles or supporting missile projects, or chemical or biological weapons. You acknowledge that you are not a citizen, national, or resident of, and are not under control of the governments of Cuba, Iran, North Korea, Sudan or Syria; are not otherwise a restricted end-user as defined by U.S. export control laws; and are not engaged in proliferation activities. Further, you acknowledge that you will not Miscellaneous download or otherwise export or re-export the Software or any related technical data directly or indirectly to the above-mentioned countries or to citizens, nationals, or residents of those countries, or to any other restricted end user or for any restricted end-use. Seagate X8 Accelerator for VMware ESXi User Guide, Rev. A 2