This Addendum (“Addendum”) is attached to and made a part of the Customer Agreement (“Agreement”). All capitalized terms not otherwise defined in this Addendum shall have the meanings given to such terms in the Agreement. To the extent that the terms of the Agreement conflict with this Addendum, the terms of this Addendum shall control. All other terms and conditions of the Agreement shall be in full force and have full effec
1 Definition
“Backup” shall mean the process of backing up copies of Azure managed disks from a compliant Managed Services subscription to an Azure Site Recovery Vault.
“Cross Site Recovery” shall mean the replication of data from an Azure virtual machine for purposes of recovery in the event of system outage.
“License Extension” shall mean that the temporary license shall be extended past the period defined in the Subscription Schedule.
“Software Upgrade” shall mean a release of Software, in object code form, or firmware, that may be offered at any time to add new functionality and feature enhancements to the Software or Equipment. KSD software releases that are designated as Software Upgrade will be identified A.B.x where the A & B designates the release as a Software Upgrade.
“Software Maintenance” shall mean the modification of the evaluation software to correct faults, to improve performance or other attributes.
“Automated Security Monitoring” shall mean collecting and analyzing information to detect suspicious behavior or unauthorized system changes on the network, defining which types of behavior should trigger alerts, and taking action on alerts as needed.
2 Evaluation License
2.1 Seller shall provide to Customer a temporary evaluation license for the software identified in the attached Subscription Schedule (the “Evaluation License”) in accordance with the terms of this addendum and the agreement. The Evaluation license does not include Backup, Cross Site Recovery, License Extension, Software Upgrades, Weekly Software Maintenance or 24x7 Automated Security Monitoring
3 Term
3.1 The Evaluation License shall be provided for the period of months noted in the Subscription Schedule commencing upon delivery of the license (the “Evaluation Period”), unless the Agreement is earlier terminated in accordance with its provisions. At the end of the term, the temporary license shall expire, and no further access shall be allowed.
4 Title
4.1 At all times during the Evaluation License, title to the related software shall be vested in Seller.
5 Limits of Liability
5.1 SELLER SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF FAILURE TO FURNISH OR FURNISHING OF SERVICES, EQUIPMENT, OR MATERIALS OR THE PERFORMANCE OR MAINTENANCE OF THIS ADDENDUM, OR WHETHER ALLEGED IN CONNECTION WITH TORTUOUS CONDUCT. NO OBLIGATION OR LIABILITY SHALL ARISE OR FLOW OUT OF SELLER RENDERING TECHNICAL OR OTHER ADVICE IN CONNECTION WITH SERVICE, EQUIPMENT, OR MATERIALS.