LenovoEMC Storage Manager/license
retrieved from device purchased 2015-05-26
LenovoEMC LICENSE AGREEMENT
IMPORTANT -- YOU MUST READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE PROVIDED ALONG WITH THIS AGREEMENT (THE "SOFTWARE"). YOU AGREE TO ALL OF THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”), AND ANY SUPPLEMENTAL LICENSE AGREEMENT ATTACHED HERETO, WHICH IS INCORPORATED INTO THIS AGREEMENT BY REFERENCE (COLLECTIVELY, THE “AGREEMENT”), IF YOU DO ONE OF THE FOLLOWING: (1) CLICK ON THE "ACCEPT" BUTTON APPEARING AT THE END OF THIS AGREEMENT, OR ON THE USER INTERFACE LINKING YOU TO THIS AGREEMENT, OR (2) BREAK THE SEAL ON THE ENCLOSURE COVERING THE PRODUCT CONTAINED IN THE BOX, OR (3) USE THE SOFTWARE OR THE NAS DEVICE ON WHICH IT IS INSTALLED. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY RETURN THE ENTIRE PRODUCT IN ITS ORIGINAL PACKAGING TO THE PLACE YOU OBTAINED IT FOR A FULL REFUND OF THE PURCHASE PRICE WITHIN THIRTY (30) DAYS OF YOUR ORIGINAL PURCHASE.
TERMS AND CONDITIONS
This is a legal agreement. By using the Software, or operating any NAS device on which it is installed, or breaking the seal on the enclosure covering the device, or clicking on the "Accept" button at the end of this agreement, you represent that you have read and agree to all of the terms and conditions of this Agreement. If you do not agree with all of the terms and conditions of this Agreement, do not install, use or copy this Software and you may return it and the device as set forth above. The Software covered by this agreement may include firmware, operating system, and/or applications. You understand that any software accompanying this license which is owned or licensed by a party other than LenovoEMC, Ltd. (hereafter “Third Party”) and which is accompanied by a license agreement from that Third Party is licensed under that agreement and is not licensed hereunder, and you will look solely to that Third Party and not to LenovoEMC, Ltd. in enforcing any rights you may be granted under that agreement or any obligations related to that software.
1. LICENSE GRANT
A. This is a license, not a sales agreement, between You, the end user, and LenovoEMC, Ltd. (hereafter LenovoEMC).
B. Subject to the terms and conditions of this Agreement, LenovoEMC hereby grants you a nonexclusive, worldwide, non-transferable (except as permitted below), perpetual, revocable license, under all of LenovoEMC's Intellectual Property Rights (defined below) in the Software, to: (i) install (however, only for Software distributed on a stand-alone basis or with respect to any clients of the Software required for use with the Software), use, perform, and display the Software solely in accordance with the documentation provided to you along with the Software (the "Documentation") for your personal or internal business purposes and only on, or in conjunction with, the NAS device with which it was distributed; and, (ii) make as many copies of the Software in machine readable form as permitted by the license code (the "License Code") provided to you solely for backup or archive purposes. The following additional conditions apply to the license if the Software was distributed to you on a stand-alone basis, is not a client for use with other Software, and is not software which is required to be used in connection with an NAS device: (a) you shall install the Software on only one computer, and (b) you may physically transfer the Software from one computer or applicable device to another provided that the Software is used on only one such device at a time. Any copy you make under this Section must include the LenovoEMC copyright notice and any other proprietary notices. As used herein, "Intellectual Property Rights" means all present and future copyrights, trademark rights, trade secret rights, patent rights, and any other intellectual property rights recognized in any jurisdiction, and which includes the respective rights of any third party licensors.
C. All rights, title, interest, and all copyrights in and to the Software, Documentation, and any copy made by you remain with LenovoEMC, Ltd., its subsidiaries, and affiliates, as well as its licensors (and their respective licensors), its affiliated companies, suppliers or distributors (“LenovoEMC Parties”). You are prohibited from deleting or in any manner altering or obscuring the copyright notices, trademarks, logos or related notices, or other proprietary rights notices of LenovoEMC or LenovoEMC Parties appearing on or within the Software or Documentation.
D. Notwithstanding any other provision in this Agreement, in the event that any component or code within the Software licensed to you hereunder is governed by a properly applicable Free and Open Source Software license (“FOSS license”), nothing herein shall narrow, supersede or limit such FOSS license.
E. With respect to your use of any remote access or cloud services associated with the Software, the license grant under section 1.A.(i) above shall be expanded to include any non-core business purposes, i.e., not for use on a subscription basis for the benefit of third parties.
A. You acknowledge that the Software and its structure, organization, and source code contain valuable trade secrets of LenovoEMC and LenovoEMC Parties, respectively. Accordingly, you agree not to (a) modify, adapt, alter, translate, or create derivative works from the Software; (b) merge the Software with other software; (c) sublicense, lease, rent, loan, or otherwise transfer (except as permitted under Section 8) the Software or Documentation in any form to any third party; (d) reverse engineer, decompile, disassemble, or otherwise attempt to reconstruct, discover or derive the source code or underlying ideas in, or replicate the functionality of, the Software, or to otherwise reduce the Software to a human-perceivable form; (e) use the Software in any service bureau or time sharing arrangement; or (f) otherwise use or copy the Software except as expressly permitted under Section 1.
B. You, and not LenovoEMC or LenovoEMC Parties, are entirely responsible for your installation and use of any remote access or cloud services associated with the Software, and all devices and information that may become directly or indirectly associated with, or accessible, by means of the Software. You agree that:
(1) Sharing: by enabling and using certain cloud or remote access functionality you will be sharing, uploading, posting, transmitting and/or otherwise making available information, data, text, music, sound, photographs, graphics, video, messages, or other materials ("Information"), with other people, devices, and websites through the Internet. If you are the initiator of such functions (“Initiator”), the Software during activation will open ports on your router and/or firewall to allow access for the individuals and devices you invite (collectively “Invitees”).
(2) Not Responsible: Neither LenovoEMC nor LenovoEMC Parties are responsible for or exercise any control over the content, legality, integrity, or the security of the Information made available by you or others participating in or using the cloud services (collectively, “Participants”), whether that Information is: (i) stored on an NAS device, Invitee-devices, or other devices, or (ii) passing through the device or being published to or through the Internet via the Software.
(3) You/Participants Are Responsible: LenovoEMC does not own or gain any ownership rights over any Information published and/or shared or that becomes associated with the Personal Cloud. It is solely the responsibility of you and the other Participants to: (i) ensure that the use of the Software and features, and Information published and/or shared by the Software complies with all appropriate laws and regulations, including by way of example, privacy and export laws, as well as the licenses, policies and other requirements in connection with any web site, and, (ii) obtain and comply with any licenses necessary to operate any Third Party software / non-Software, regardless of whether or not such software is shared or accessed remotely, via the Software, or whether it is installed on or used from an NAS device.
(4) Security Measures: During the device setup process, LifeLine automatically secures the NAS device so management functions and content are accessible only by authorized users. While this protects the NAS device and content stored on it from unauthorized access through your network or internet connections, such security cannot prevent all types of network attacks on the device. Appropriate network security in addition to the built-in device security is recommended to ensure maximum protection for your NAS and network storage.
C. You/your Invitees also acknowledge and agree that all third-party content accessed through the Software (“Third-Party Content”) is the property of the applicable Third-Party Content owners and may be protected by applicable copyright and other intellectual property rights. Neither this Agreement nor your use of the Software to access Third-Party Content gives you any rights to such Third-Party Content. You may not use any Third-Party Content in any manner that has not been authorized by the applicable service provider (“Service Provider”) or content owner. It is your responsibility to ensure that your use of the Software to access, reproduce, display or otherwise use Third-Party Content does not infringe any third-party intellectual property rights. You acknowledge that you may be required to enter into a separate agreement with a Service Provider or content owner, or comply with a Service Provider’s terms or conditions of use in order to access or have the right to access certain Third-Party Content.
D. Except pursuant to applicable permissions or agreements therefore, from or with the applicable parties, neither you nor your Invitees, will use or allow the use of, the Software for the encoding or decoding of mp3 audio only (.mp3) data on any non-pc device (e.g., mobile phone or set-top box), nor may the mp3 encoders or decoders contained in the Software be used or accessed by any product other than the Software. The Software may be used for the encoding or decoding of MP3 data contained within a swf or flv file, which contains video, picture or other data.
B. You acknowledge that LenovoEMC has no control over, and does not track for any commercial purpose those who receive invitations to be Invitees. Neither does LenovoEMC have access to the email addresses of Invitees.
C. If you are the Initiator, you understand that with respect to the Information you hold or control that is owned or shared by you or your Invitees, you are considered the Data Controller – not LenovoEMC or LenovoEMC Parties - and you must comply with all laws, including but not limited to applicable privacy laws. If you are an Invitee, you understand that the Initiator – not LenovoEMC or LenovoEMC Parties - is the Data Controller with respect to the Information held, shared, or controlled, by or through, the Software, whether the Information is owned by you or others; and the Initiator must comply with all applicable laws including but not limited to applicable privacy laws.
D. To provide reliable delivery, email sent by your NAS device passes through LenovoEMC servers. You can prevent this by configuring your own email server or by disabling features that generate email.
2.2. DATA COLLECTION.
LenovoEMC will collect basic information required to support certain services available on your NAS device, including Personal Cloud, email notification, and notification of available software updates. In order to optimize your experience with our products, LenovoEMC may also collect generic information about your NAS device and how you are using it, such as feature usage and the device model. LenovoEMC does not collect any personally identifiable information. LenovoEMC periodically transmits this information to our servers for storage. By utilizing this NAS device, you consent for LenovoEMC to collect and store basic information that is fundamentally necessary for the services it provides. If you do not want us to collect generic usage information, remove the check mark indicating you allow collection of anonymous usage statistics. If you accept this option now, you can turn it off at any time by running Device Setup and removing the check mark.
3. TERMINATION. You may terminate this license at any time by returning to LenovoEMC all copies of the Software (including all distributed clients, to the extent applicable) as well as any Documentation and packaging provided with the Software. Unauthorized copying of the Software or the Documentation, your use of LenovoEMC or LenovoEMC Parties’ Intellectual Property Rights in a manner not in accordance with this Agreement or as otherwise licensed, or your failure to comply with this Agreement including by way of example, restrictions in Section 1, 2, 4 or 8 will result in breach and automatic termination of this license and will make available to LenovoEMC other legal and equitable remedies. Upon termination of this Agreement, you must destroy or return the Software, the Documentation, and the License Code, and all copies thereof.
4. COMPLIANCE WITH LAW.
A. You agree to comply with all applicable laws with respect to the exercise of your rights under this Agreement, including but not limited to, all privacy laws, and you agree not to export or re-export the Software in violation of the U.S. Export Administration regulations or other applicable laws and regulations. In particular, but without limitation, you acknowledge and agree that the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or NAS device for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. You will defend, indemnify, and hold harmless LenovoEMC and LenovoEMC Parties from and against all claims, fines, penalties, liabilities, damages, costs, and expenses incurred by LenovoEMC or its licensors as a result of any violation of such laws and regulations by you or any of your agents or employees.
B. Software incorporates implementations of cryptographic algorithms, i.e., encryption, that are subject to export/import control regulations and are illegal in some countries. It is solely your responsibility and the responsibility of the Participants to verify that it is lawful in their respective jurisdiction to use the Software, and it is solely your and the other Participants responsibility to comply with any applicable regulations, restrictions, and laws. You will defend, indemnify, and hold harmless LenovoEMC and LenovoEMC Parties from and against all claims, fines, penalties, liabilities, damages, costs, and expenses incurred by LenovoEMC or its licensors as a result of any violation of such laws and regulations by you, your Invitees (if you are the Initiator), other Participants, or any of your respective agents or employees.
5. WARRANTY DISCLAIMER.
A. LenovoEMC warrants that if the Software is provided to you on a media disk then the media disk(s) on which the Software is furnished shall be free from defects in material and workmanship for a period of ninety (90) days from the date of purchase. LenovoEMC will, at its own expense and as its sole obligation and your exclusive remedy for any breach of this warranty, replace any defective media returned to LenovoEMC within this Media Warranty Period. The foregoing warranty is void if failure of the media disk(s) is from misuse, neglect, abuse, alteration, improper installation, unauthorized repair or modification, improper testing, accident or causes external to the disk(s), such as, but not limited to, excessive heat or humidity or power failure. The foregoing limited warranty shall not be applicable unless and until you pay for the Software.
B. Continued use or possession of the disks after expiration of the above ninety (90) day warranty period shall be conclusive evidence that the warranty is fulfilled to your full satisfaction. LenovoEMC's warranty as set forth above shall not be enlarged, diminished or affected by, and no liability shall arise out of, LenovoEMC's rendering of technical advice or service in connection with the Software or LenovoEMC statements concerning product quality, support or customer satisfaction. The warranty set forth above is not assignable by you.
C. THIRD PARTY SOFTWARE BUNDLED OR OFFERED WITH ANY LENOVOEMC PRODUCT IS NOT WARRANTED BY LenovoEMC, Ltd., BUT MAY BE SUBJECT TO ANY WARRANTY THE THIRD PARTY MANUFACTURER MAY ELECT TO PROVIDE, AS REFLECTED IN THE DOCUMENTATION INCLUDED WITH THAT SOFTWARE. ANY OTHER LENOVOEMC PRODUCT THAT ACCOMPANIES THIS SOFTWARE IS DISTRIBUTED UNDER THE WARRANTY SET FORTH ON ITS PACKAGING.
D. EXCEPT FOR THE EXPRESS WARRANTY STATED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, ALL MEDIA DISKS AND DOCUMENTATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND FROM LenovoEMC, Ltd., ITS SUBSIDIARIES, AND ITS AFFILIATES, OR ITS LICENSORS, SUPPLIERS OR DISTRIBUTORS (COLLECTIVELY “LenovoEMC PARTIES”). EXCEPT FOR THE WARRANTIES SPECIFICALLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THESE PARTIES HEREBY DISCLAIM All OTHER WARRANTIES AND CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING BY WAY OF EXAMPLE, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY, CORRECTNESS, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE. OTHER THAN THE WARRANTIES CONTAINED IN THIS SECTION 5, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
E. For the sake of clarity, LenovoEMC and the LenovoEMC Parties do not represent or warrant that any service, or functionality or service associated with your LenovoEMC or Lenovo hardware or the Software including by way of example any content sharing service, the use of a LenovoEMC server for relaying messages or establishing and enabling services associated with the Software, will be available and offered for any specific period of time, or that social media/sharing services will continue to be available or be free to users. There are a variety of factors that determine whether LenovoEMC makes changes to or discontinues offering this service(s). LenovoEMC will generally post information on its website about any such change or discontinuation; and while LenovoEMC may attempt to notify you via other means, you acknowledge you must check http://support.lenovoemc.com for notices about updates and changes to the services. NOTWITHSTANDING THE ABOVE, LenovoEMC and LenovoEMC Parties RESERVE THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ANY SERVICES OFFERED ON OR ASSOCIATED WITH THE SOFTWARE OR DEVICE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE, AND SUCH PARTIES SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY SUCH SERVICES.
F. LenovoEMC and the LenovoEMC Parties make no representation or offer any warranty with respect to the speed, throughput, uptime, availability, security or performance of the remote access or other services generally, or the data transmission in connection with those services.
G. You acknowledge that individual performance depends upon a variety of factors, including by way of example, network connections to each device, the capabilities of each such device and any network to which they are attached and many other factors that cannot be controlled or monitored by LenovoEMC or LenovoEMC Parties, respectively.
H. ONLINE MEDIA SERVICES AND THIRD-PARTY CONTENT:
LenovoEMC and LenovoEMC Parties do not warrant or represent that you will be able to access or use any Third-Party Content or related services from any particular Service Provider via the Software or NAS device. You agree that LenovoEMC has no obligation to enable the Software or device for use with any particular Third-Party Content or related services from any Service Provider. LenovoEMC and LenovoEMC Parties reserve the right to change, remove, suspend, disable access to, or terminate access to any Third-Party Content or related services at any time without notice. LenovoEMC may, at its sole discretion, add or remove Service Providers at any time. In no event will LenovoEMC or LenovoEMC Parties be liable for any such change or removal of access in services by LenovoEMC or any Service Provider.
By using the Software to access Third-Party Content, including entering particular URLs you may encounter content that is offensive, indecent or objectionable, or which contains explicit language or images without prior identification as such. Because LenovoEMC and LenovoEMC Parties have no control over Third-Party Content, you agree to use the Third Party Content at your sole risk and discretion.
You understand that Third-Party Content and associated Services are not available in all languages or in all countries and that you will not use Third-Party Content accessed via the Software in violation of the rights of any other party. LenovoEMC respects the rights of copyright holders to control the uses of their intellectual property.
This product may incorporate copyright protection technology that is protected by patents, copyrights, and other intellectual property rights. Reverse engineering or disassembly is prohibited.
6. LIMITATION OF REMEDIES AND LIABILITY.
A. Your sole and exclusive remedy under this Agreement shall be refund, repair or replacement of defective media and/or device as provided in the warranty, at LenovoEMC's option, but not the data thereon. The maximum liability of LenovoEMC and LenovoEMC Parties for any claim by you or anyone claiming through or on behalf of you arising out of or related to the Software or the warranty shall not in any event exceed the greater of the actual amount paid by you to LenovoEMC for the Software or fifty U.S. Dollars.
B. LenovoEMC does NOT warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted, timely or error free. You acknowledge that computer software is inherently subject to bugs and potential incompatibility with other computer software and hardware. You should not use the Software for any applications in which failure could cause any significant damage or injury to persons or tangible or intangible property.
Neither LenovoEMC nor LenovoEMC Parties offer any warranty regarding the (i) security of any Information or device associated directly or indirectly with, or the use or installation of, the Software; (ii) the accurate or complete transmission or storage of any Information; or (iii) the availability or reliability of any Software or services; and are not liable for any related damage or loss. This includes without limitation, any damage, loss, misuse, or disclosure of all or part of any Information associated with or made available as a result of, or in connection with, the use or installation of the Software by you or other Participants, including by way of example due to service interruptions, degradation in performance, changes made to the firewall or router, or which may in any way be attributed to the Software, any services, or LenovoEMC and LenovoEMC Parties.
C. You should be sure that all data files and programs are properly backed up to prevent data loss that could result from a Software malfunction or other occurrence. IN NO EVENT SHALL LenovoEMC or LenovoEMC Parties BE LIABLE FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OR LOSSES ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS INCLUDING SOFTWARE OR DOCUMENTATION OBTAINED DIRECTLY OR INDIRECTLY FROM LenovoEMC, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOST PROFITS, GOODWILL OR SAVINGS, BUSINESS INTERRUPTION, OR LOSS OF DATA, DATA FILES, OR OTHER PROGRAMS OR LOSS OF SYSTEMS OR REPLACEMENT SYSTEMS, EVEN IF LenovoEMC OR ITS LICENSORS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES IN SOME CIRCUMSTANCES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
D. LenovoEMC’S AND LenovoEMC PARTIES’ TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT, THE SOFTWARE, OR THE DOCUMENTATION, WHETHER BASED IN TORT, CONTRACT, OR OTHERWISE WILL NOT EXCEED THE GREATER AMOUNT OF FEES PAID FOR THE SOFTWARE OR THE PRICE PAID FOR THE LenovoEMC PRODUCT ASSOCIATED WITH THE SOFTWARE or $50 (US Dollars). THESE LIMITATIONS OF LIABILITY WILL BE GIVEN FULL EFFECT EVEN IF THE WARRANTY PROVIDED IN SECTION 5 IS DEEMED INEFFECTIVE.
7. UPDATES AND SUPPORT
A. You may be entitled to receive technical support for as long as LenovoEMC offers such support for the Software version you have licensed. You understand that LenovoEMC may, in its discretion, charge for such support. For some Software (e.g., certain stand-alone Software) such support generally begins when LenovoEMC begins licensing that version of the Software to the public and ceases six months after the release of the next major version of the Software. Alternatively, the Software related support may run concurrent with the support provided on the NAS device with which the Software was distributed. LenovoEMC's specific customer support policies (including fees or services) and procedures change as technology and market conditions dictate. To obtain information about LenovoEMC's current policies, please visit our Web site at http://lenovoemc.com/supportpolicy.html or write us at LenovoEMC, 4059 South 1925 West, Roy, UT 84067.
B. You may receive software updates (“Updates” are defined as, and limited to, version number changes to the hundredth decimal place) in accordance with LenovoEMC policies as announced from time to time which may include charges for such Updates. LenovoEMC's policy on updates and support is subject to change at any time and are listed on LenovoEMC’s web site. You acknowledge that, except as may be required by applicable law, LenovoEMC is not obligated under this Agreement to generally make any Updates or level of support available. LenovoEMC shall have no responsibility for the installation of any such Updates. Any Updates shall be governed by this Agreement.
8. ASSIGNMENT. Except as permitted in this Section, you may not assign or transfer any of the rights under this Agreement (including the license to use the Software) to any third party without the prior written consent of LenovoEMC. You may transfer the Software, the Documentation, the License Code, and all rights under this Agreement to a third party only if such third party agrees to accept the terms and conditions of this Agreement. Any attempted transfer in violation of the foregoing will be null and void.
9. GOVERNING LAW AND JURISDICTION. This Agreement will be governed by the laws of the State of North Carolina in the U.S.A., without regard to the principles of conflict of laws or the United Nations Convention on Contracts for the International Sale of Goods; and, the exclusive jurisdiction for any dispute arising under or in connection with this Agreement including the validity, invalidity, breach or termination thereof shall be heard in the state and federal courts in Raleigh, North Carolina.
10. NOTICE. All notices required by this Agreement must be in writing and will be effective (a) upon personal delivery, (b) 24 hours after sending by air courier or electronic means, or (c) 72 hours after being sent certified mail return receipt requested. All notices to LenovoEMC should be sent to the respective address listed in Section below or another address designated by LenovoEMC:
Lenovo, Attn: Legal Department
1009 Think Place, Morrisville, NC 27560 U.S.A.
11. U.S. GOVERNMENT END USERS. The Software is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth therein.
12. REMEDIES. You acknowledge that the Software and the Documentation contain valuable trade secrets and proprietary information of LenovoEMC and LenovoEMC Parties, respectively. You further acknowledge that any actual or threatened breach of Sections 1, 2 or 4 of this Agreement will constitute immediate, irreparable harm to LenovoEMC and/or LenovoEMC Parties for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.
13. GENERAL. (i) All waivers by LenovoEMC must be in writing. (ii) You agree to be responsible for the payment of any taxes resulting from this Agreement. (iii) A party's failure to exercise any of its rights under this Agreement shall not constitute a waiver or forfeiture of any such rights nor of any other rights. (iv) If any provision of this Agreement is unenforceable or invalid pursuant to any applicable law, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such unenforceable or invalid provision will be changed and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law or applicable court decisions. (v) Any provision that by its nature or context is intended to survive any termination or expiration, including but not limited to Sections 2-6, 9-13, shall so survive. (vi) This Agreement which incorporates all documents referenced herein represents the entire agreement between you and LenovoEMC as to the matters set forth herein and integrates all prior discussions and understanding between us. (vii) Except as described herein, this Agreement may be modified only by a binding written instrument entered into by you and LenovoEMC.
© 2014 LenovoEMC, Ltd. All Rights Reserved.
Revised April 8, 2014