List of Company’s existing customers, or a link where such list can be viewed by NAKIVO:
(Customer) regarding the purchase and license of the specific NAKIVO products and such agreement is in effect at the time the applicable purchase order is
received by NAKIVO.
1. Admission
- Only Cloud Service Providers are eligible to enter into this Agreement;
- Admission will be determined by NAKIVO on its sole discretion. NAKIVO reserves the right to reject a particular Customer;
- Each Customer is responsible for ensuring its eligibility to enter into the Agreement, in compliance with all applicable rules, regulations and policies.
2. Eligible Products
3. Commitment
Customer may purchase one of the Eligible Products subject to the following commitment:
- Customer commits to purchase subscription for the following minimum number of machines per month from NAKIVO (“Minimum Commitment”) for 12 months from the
moment of entering into this Agreement (“Required Period”):
- Customer agrees to maintain Minimum Commitment even if the number of used machines during any month within Required Period is lower than the Minimum
Commitment.
- If the number of used machines during a month is higher than the Minimum Commitment, Customer agrees to pay for all excess machines at the Commitment
Price.
4. Commitment Price
CHOOSE YOUR CURRENCY:
5. Requirements
- Customer must send the support bundle to support@nakivo.com within two days after the end of each month of Required period;
- Customer agrees to be contacted by a NAKIVO representative to clarify the information regarding the compliance to Agreement requirements.
6. DISCLAIMER OF WARRANTIES
EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, THE ELIGIBLE PRODUCTS ARE PROVIDED WITH NO OTHER WARRANTIES WHATSOEVER, AND NAKIVO DISCLAIM ALL OTHER
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ELIGIBLE PRODUCTS
ARE PROVIDED “AS IS”.
7. Indemnification
You agree to defend, indemnify and hold harmless NAKIVO and any of its directors, officers, employees, affiliates or agents, from and against any and all claims,
losses, damages, liabilities and other expenses (including reasonable attorneys’ fees), related to or arising from your breach of this Agreement.
8. Liability
When permitted by law, NAKIVO will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or
punitive damages.
To the extent permitted by law, the total liability of NAKIVO for any claims under these terms, including for any implied warranties, is limited to the amount of
100USD.
In all cases, NAKIVO will not be liable for any loss or damage that is not reasonably foreseeable.
9. Termination
This Agreement shall continue for 12 (twelve) months from the date it becomes effective. Each Party may terminate this Agreement at any time by giving ten days
written notice to the other Party. In the event the termination date occurs, for any reason, prior to the end of Required Period, the Customer shall pay to
NAKIVO an early termination fee amounting to the price of Minimum Commitment, prorated to the unpaid months of the Required Period.
10. Miscellaneous
This Agreement constitutes the entire agreement between the Parties and supersedes all previous agreements, oral or written, with respect to the subject matter
of this Agreement. This Agreement may not be amended without the prior written consent of both Parties. This Agreement shall be governed and construed in
accordance with the laws of the State of Nevada without giving effect to its conflicts of law rules, and the Parties agree that jurisdiction for any claim or
dispute arising from, or related to this Agreement resides in the federal and state courts stead in Nevada.
By entering into this Agreement, Customer agrees to the following: