Densify PORTAL AND TRIAL EVALUATION AGREEMENT TERMS AND CONDITIONS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING THE "AGREE" BUTTON, YOU, ON BEHALF OF BOTH YOURSELF AND THE COMPANY OR ORGANIZATION FOR WHOSE BENEFIT YOU ACT ("YOU" OR "LICENSEE") ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT FOR THE USE OF THE PORTAL AND FOR A TRIAL EVALUATION OF THE Densify SUBSCRIPTION OFFERING, AND HAVE AGREED TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE OR ATTEMPT TO USE, THE PORTAL OR CONDUCT A TRIAL EVALUATION OF THE Densify SUBSCRIPTION OFFERING.

IF YOU CLICK THE "AGREE" BUTTON BELOW, THAT ACTION IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOU HAVE READ THIS AGREEMENT, UNDERSTAND AND ACCEPT ALL THE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM AND THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY OR ORGANIZATION FOR WHOSE BENEFIT YOU ACT.

This Agreement is made between Cirba Inc., an Ontario corporation located at 45 Vogell Road, Suite 600, Richmond Hill, Ontario, Canada, L4B 3P6 and You. The effective date ("Effective Date") of this Agreement is when You accept this Agreement in accordance with the procedure set out above. For the sum of two dollars and such other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties agree as follows:

1. Definitions.

In this Agreement, the following terms and expressions will have the following meanings:

  • "Agreement" means this Densify Portal and Trial Evaluation Agreement and any attached Schedules.
  • "Business Days" means Monday through Friday, except when such day occurs on a statutory holiday in Ontario, Canada.
  • "Business Hours" means 4:00 a.m. to 8:00 p.m. Eastern Time on Business Days.
  • "Cirba" means Cirba Inc., its affiliates, successors and assigns.
  • "Cirba Software" means the proprietary computer programs of Cirba, in object code format only.
  • "Cirba Technology" means: (a) the Densify Subscription Offering; Cirba Software; the Local Component; Documentation and Cirba technology and methodologies (including, without limitation, products, software tools, algorithms, templates, software (in source and object forms), architecture, class libraries, objects and documentation) existing as of the Effective Date; (b) Updates, upgrades, improvements, configurations, extensions, and derivative works of the foregoing and related technical or end user documentation or manuals; and (c) intellectual property anywhere in the world relating to the foregoing.
  • "Commercial Third Party Software" means the commercial third party computer programs, in object code format only, that are included by Cirba with the Densify Subscription Offering and with the Local Component. The current list of Commercial Third Party Software is set forth in Part 2 of Schedule C (Third Party Software), located at http://www.densify.com/terms/third-party-software. This list may be updated from time to time by Cirba as part of any Updates.
  • "Confidential Information" means: (i) all information of Cirba or Licensee that is marked confidential, restricted or proprietary or that may reasonably be considered as confidential from its nature or from the circumstances surrounding its disclosure; (ii) the Cirba Technology; and (iii) the Commercial Third Party Software.
  • "Discovered System" means any System that has been added to the Cirba Repository, whether or not the "license" attribute has been set to a value of "licensed".
  • "Densify Subscription Offering” means the Cirba Densify software as a service (SaaS) offering, which may be provided to Licensee hereunder for trial evaluation purposes. A table outlining the principal features of the Densify Subscription Offering and description of add-on options is set out at http://www.densify.com/subscription-descriptions.
  • "Documentation" means the user documentation for the Densify Subscription Offering and Local Component that is made generally available by Cirba to licensees and which may include technical program or interface documentation, user manuals, operating instructions and release notes, as updated from time to time by Cirba. The Documentation is available through the Portal.
  • "Evaluation Term" means the term of the evaluation license approved by Cirba for Licensee’s evaluation of the Software. The default Evaluation Term is fourteen (14) days.
  • "Information Provider" means a third party who provides Cirba with information or content for the Portal.
  • "Intellectual Property Rights" means all worldwide intellectual and industrial property rights including all rights in each country to copyrights, trademarks, patents, inventions, industrial designs, trade secrets, trade dress and all other proprietary rights.
  • "Local Component" means the Densify connector software provided by Cirba to Licensee that operates on Licensee provided machines to perform data collection and audit functionality and otherwise facilitate the use of the Software.
  • "Open Source Third Party Software” means the open source third party computer programs, in object code format only, that are included by Cirba with the Densify Subscription Offering and with the Local Component. The current list of Open Source Third Party Software is set forth in Part 1 of Schedule C (Third Party Software), located at http://www.densify.com/terms/third-party-software. This list may be updated from time to time by Cirba as part of any Updates.
  • "Password" means your Portal personal password initially assigned to you in connection with the Portal, as it may be amended from time to time.
  • "Portal" means the portal containing web pages and files posted by Cirba to the portal and is accessed by logging in to the portal from http://www.densify.com/customerportal/index.html?p=271.
  • "Purpose" means the purpose for which Cirba has granted you access and use of the Portal and may include, without limitation, use as a licensed customer of Cirba’s products and use for evaluation of Cirba’s products,
  • "Restricted Countries" means any of the countries listed on Schedule A.
  • “Specified Technology” means; (i) Linux (running on x86 only); (ii) Windows; or (iii) AIX running on Power.
  • "System" means the physical servers (hosts), virtual machines (VMs) or application containers which may be analyzed using the Software, and more specifically includes, without limitation: (i) a physical server running within a hypervisor; (ii) a physical server running a hypervisor; (iii) a virtual machine running within a hypervisor; (iv) a virtual machine running within an operating system, where the operating system includes a hypervisor; (v) an application container that is running within an operating system, where the operating system provides virtualization or containerization technology that is IP addressable.
  • "Target" means a Discovered System that Licensee elects to analyze using the Software and whose "license" attribute has been set to the value of "licensed". Only Targets running on the Specified Technology are supported.
  • "Territory" means worldwide, other than any Restricted Countries.
  • "Updates" means any new versions and releases of the Densify Subscription Offering and Local Component, which Cirba makes generally available to its licensees from time to time. For certainty, Updates shall exclude any new functionality that Cirba generally licenses to its customers for an additional charge.
  • "User ID" means the unique identifier assigned by Cirba and used by you to access the Portal.
  • "you" or "your" means the individual accessing and using the Portal and includes any corporation, partnership or other business entity on whose behalf such individual is accessing and using the Portal.

2. Schedules.

The following schedules (each, a "Schedule") are incorporated into this Agreement and are deemed to be a part hereof. The Schedules may be updated from time to time by Cirba.

Schedule A - Restricted Countries
Schedule B - Supplementary License Terms and Conditions
Schedule C - Third Party Software

3. Grant of Use Rights for Evaluation

  1. Densify Subscription Offering. Subject to the terms of this Agreement, Cirba hereby authorizes Licensee to access and use the Densify Subscription Offering during the Evaluation Term for the Specified Technology and for the number of Targets approved by Cirba in its sole discretion. Licensee shall use the Densify Subscription Offering only for its internal business purposes, to evaluate the Densify Subscription Offering, and in accordance with the Documentation. Licensee shall not use or access the Densify Subscription Offering in a manner that exceeds Licensee’s authorized use, as has been approved by Cirba. Licensee’s use of the Densify Subscription Offering is subject to the Supplementary License Terms and Conditions set forth in Schedule C.
  2. Local Component. Cirba hereby grants Licensee a limited, personal, non-transferrable and non-exclusive license in the Territory and during the Evaluation Term to install and use the Local Component on machines operated by or for Licensee solely to facilitate Licensee’s authorized license for access to and evaluation of the Densify Subscription Offering.
  3. Restrictions. Licensee shall not (and shall not permit others to) do any of the following with respect to the Cirba Technology: (i) use the Densify Subscription Offering with external programs in a manner that intentionally circumvents contractual usage restrictions; (ii) license, sublicense, sell, resell, rent, lease, transfer, distribute, use for time sharing, or otherwise make any of it available for access by third parties; (iii) access it for the purpose of developing or operating products or services intended to be offered to third parties in competition with Cirba; (iv) disassemble, decompile, translate or convert into human readable form or into another computer language, reconstruct or decrypt, or reverse engineer all or any part of it; (v) copy, create derivative works based on or otherwise modify it, except as may be expressly authorized hereunder; (vi) remove or modify a copyright or other proprietary rights notice on it; or (vii) use the Densify Subscription Offering or the Local Component for the purpose of benchmarking, performance analysis or in any manner to compete with the business of Cirba.
  4. Open Source. The Open Source Third Party Software is also subject to certain terms and conditions that the licensor of such software imposes on Cirba (the "Open Source Provisions"). The licenses applicable to the Open Source Third Party Software are identified by Cirba in the Documentation. In the event of any conflict between the Open Source Provisions and the terms and conditions of this Agreement as they relate to the Open Source Third Party Software, the terms of the Open Source Provisions shall govern and take precedence.
  5. Documentation. The Documentation may be used by Licensee for the purpose of assisting Licensee in using the Densify Subscription Offering and the Local Component for the internal business purposes of Licensee. No reproduction or other use of the Documentation is permitted.

4. Proprietary Rights and Confidential Information.

  1. Licensee acknowledges and agrees that nothing herein transfers or conveys to Licensee any ownership right, title or interest in or to all or any part of the Cirba Technology or the Portal, or any Intellectual Property Rights therein, or to any copy thereof or any license right with respect to same not expressly granted herein. Nothing in this Agreement constitutes a sale of the Portal or the Cirba Technology to Licensee and no copies are being sold to Licensee. All rights not expressly granted to Licensee hereunder are retained by Cirba.
  2. Cirba encourages Licensee to provide suggestions, proposals, ideas, recommendations or other feedback regarding improvements to Cirba’s Densify Subscription Offering and other Cirba products. To the extent that Licensee provides such feedback, Licensee grants to Cirba a royalty-free, fully paid up, sublicensable, transferrable, non-exclusive, irrevocable, perpetual, worldwide right and license to make, use, sell, offer for sale, import and otherwise exploit feedback (including by incorporation of such feedback into the Cirba Technology) without restriction.
  3. Each Party agrees to maintain the confidentiality of the Confidential Information of the other party that has been disclosed or made available by the other party or otherwise received by the receiving party, whether prior to, subsequent to or on the Effective Date hereof, and to use same only as expressly authorized herein. Each party shall safeguard and maintain the other party’s Confidential Information in strict confidence and shall not disclose, provide, or make the Confidential Information or any part thereof available in any form or medium to any person except to such party’s employees, agents, contractors and consultants who have executed an agreement in writing to protect such Confidential Information and who have a need to access such Confidential Information for the purpose of this Agreement. Licensee shall ensure that all persons to whom it gives access to the Confidential Information, including employees, agents, contractors and consultants, shall comply with the provisions of this Section 4 and the other provisions of this Agreement related to the use of the Cirba Technology.
  4. The provisions of section 4.b shall not apply to any information which: (i) was at the time of disclosure to a Party, in the public domain; (ii) after disclosure to a Party becomes part of the public domain through no fault of the receiving Party; (iii) was in the possession of the receiving Party prior to the time of disclosure to it without any obligation of confidence or any breach of confidence; (iv) was received after disclosure to a Party from a third party who had a lawful right to disclose such information to it; (v) was independently developed by a Party without reference to the Confidential Information of the other Party; or (vi) was ordered to be disclosed by a court, administrative agency, or other governmental body with jurisdiction over the Parties hereto, provided that, to the extent legally permissible, the ordered Party will have first provided the disclosing Party with prompt written notice of such required disclosure and will take reasonable steps to allow the disclosing Party to seek a protective order with respect to the confidentiality of the information required to be disclosed. Further, the ordered Party will promptly cooperate with and assist the disclosing Party in connection with obtaining such protective order.
  5. Licensee shall not remove any proprietary, copyright, patent, trademark, design right, trade secret, or any other proprietary rights legends from the Cirba Technology.
  6. Licensee shall not export or re-export the Local Component or any other part of the Cirba Technology or any copies thereof, either directly or indirectly, outside of the Territory. Licensee shall have the exclusive obligation to ensure that any export of the Cirba Technology is in compliance with all applicable export laws and the laws of any foreign country.

5. Use of The Portal.

  1. Cirba hereby grants you a royalty free, revocable, non-exclusive, non-sublicensable, non-transferrable right and license to remotely use the Portal to access, review and use such documents and information as Cirba may, in its discretion, make available in the Portal. In no event shall access to, use of or information obtained from the Portal be used for any purpose other than the Purpose.
  2. Nothing in this Agreement shall be construed as an express or implied grant to you to: (i) download, reproduce or distribute to third parties any of the documents or information obtained from the Portal; or (ii) distribute or allow access to, or use of, the Portal by any third party without the express written permission of Cirba. Notwithstanding the foregoing, any materials that are made available for downloading, access or other use from the Portal with their own license terms, conditions and notices will be governed by such terms, conditions and notices.
  3. You agree to treat all information and materials obtained on or through the Portal as proprietary and confidential to Cirba and, except to the extent permitted (if any) pursuant to a separate agreement between you and Cirba, not disclose or distribute such information to any third party without Cirba’s express written consent, which Cirba may grant or withhold in its sole discretion.
  4. You agree not to modify, move, add to, delete or otherwise tamper with any proprietary information contained in the Portal. You also agree not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets or other proprietary information contained in the Portal. You also agree not to use any of the information contained in the Portal for the purpose of benchmarking, performance analysis or to in any manner compete with the business of Cirba.
  5. Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of the Portal may constitute trade names, trademarks or service marks of Cirba or its Information Providers. The display of trademarks on pages of the Portal does not imply that a license of any kind has been granted to you. You may not use the trademarks, logos and service marks ("Marks") for any purpose including, but not limited to, use as hyperlinks, hot links, or meta tags in other pages or Internet sites without the express written permission of the owner of the Marks, whether that is Cirba or one of its Information Providers.

6. User IDs and Passwords.

  1. You agree to keep your User ID and Password absolutely confidential and to ensure your Password is never disclosed, accidentally or otherwise, to anyone at any time. You are solely responsible for the maintenance and security of your User ID and Password.
  2. You are responsible for all consequences and losses relating to the use of your User ID and Password, whether or not you authorized that use. If you know or suspect your User ID or Password is being misused, you must as soon as possible notify Cirba and immediately change your Password. You agree that until we receive such notice and have had a reasonable opportunity to implement measures to prevent unauthorized use of your User ID or Password, you will remain liable for all unauthorized use of your User ID or Password.

7. Portal External Links.

Links to websites of third parties provided as part of the Portal are meant for convenience only. Cirba is not responsible for the content, accuracy or opinions expressed in such websites and Cirba does not investigate monitor or check the accuracy or completeness of third party websites. Inclusion of any linked third party website does not imply approval or endorsement by Cirba of the linked websites or content or information contained in such websites. Cirba makes no representations whatsoever about any other website or information that you may access through the Portal. Cirba does not assume any liability or responsibility whatsoever for the operation of, or content at, any of the linked websites, nor for any of the interpretations, comments or opinions expressed therein.

8. Warranties and Disclaimer.

  1. Cirba warrants that it has the right to license the Densify Subscription Offering and the Local Component to Licensee.
  2. Nothing in this Agreement shall obligate Cirba to provide access to the Portal or any of its content. The provisions of such access is solely at Cirba’s discretion and may be limited or discontinued at any time.
  3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PORTAL AND ACCESS THERETO ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, AND YOUR USE OF THE PORTAL IS SOLELY AT YOUR OWN RISK. CIRBA DOES NOT WARRANT THAT THE PORTAL OR ACCESS THERETO WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
  4. OTHER THAN THE WARRANTIES EXPRESSLY SET FORTH IN SECTION 10(A), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CIRBA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, CONCERNING OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, RESULTS, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

9. Limitation of Liability.

  1. FOR ANY BREACH OR DEFAULT BY CIRBA OF ANY OF THE PROVISIONS OF THIS AGREEMENT, OR WITH RESPECT TO ANY CLAIM ARISING HEREFROM OR RELATED HERETO, CIRBA’S AGGREGATE LIABILITY TO LICENSEE, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, SHALL IN NO EVENT EXCEED THE SUM OF TWENTY-FIVE THOUSAND DOLLARS ($25,000) (THE "LIABILTY CAP").
  2. OTHER THAN FOR A BREACH OF SECTION 3(C) OR SECTION 4(B), IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY IN CONNECTION WITH THIS AGREEMENT FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, LOST BUSINESS REVENUE, LOSS OF PROFITS, OR LOSS OF DATA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
  3. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY LICENSEE, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.
  4. Neither Cirba nor Licensee may bring an action, regardless of form, arising out of or related to this Agreement more than two (2) years after the cause of action has arisen or the date of discovery of such cause, whichever is later.

10. Changes to Agreement.

Cirba may change the terms and conditions of this Agreement from time to time in any one or more of the following ways: (i) notice displayed on the Cirba Densify web site; and/or (ii) notice displayed on the login screens accessed when using the Portal; and/or (iii) by requiring you to electronically accept the additional or amended terms and conditions of this Agreement at any time. If you continue to use or access the Portal after the effective date of any additional or amended terms and conditions to this Agreement, then you will be deemed to have accepted such additional terms and conditions.

11. Termination.

  1. The license hereunder for Licensee to use the Densify Subscription Offering for evaluation purposes shall terminate upon expiry of the Evaluation Term, unless such term is extended by Cirba in its sole discretion. Within fifteen (15) days of such expiry, and provided that Licensee has not purchased a license to the Densify Subscription Offering pursuant to a separate agreement between Cirba and License, Licensee shall discontinue all use of the Densify Subscription Offering and the Local Component and shall return to Cirba or destroy (at Cirba’s option) all Confidential Information of Cirba in Licensee’s possession and certify in writing to Cirba the return or destruction of same.
  2. Cirba may, by notice in writing to Licensee, terminate this Agreement if Licensee: (i) breaches or fails to observe or perform any of its obligations set out in this Agreement and fails to cure such breach within seven (7) days after written notice; or (ii) becomes insolvent, makes an assignment for the general benefit of creditors, files for protection or makes a proposal to creditors generally under any insolvency, bankruptcy or creditors’ relief legislation.
  3. Cirba reserves the right, in its sole discretion, to suspend or terminate all or any part of the Portal or your use of the Portal at any time for any reason.

12. Miscellaneous.

  1. Notices. Except as otherwise provided herein, all notices shall be in writing and deemed given upon: (i) personal delivery; (ii) when received by the addressee if sent by a recognized overnight courier (receipt requested); (iii) the second business day after mailing; or (iv) the first business day after sending by email with confirmation of receipt, except that email shall not be sufficient for notices regarding a claim. Notices shall be sent to the parties as set forth in this Agreement or as otherwise advised by a party.
  2. FAR/DFARS Requirements. The Parties agree that the Cirba Technology are Commercial Items as that term is defined in Federal Acquisition Regulation (FAR) 48 C.F.R. §2.101. Thus, pursuant to the FAR 48 C.F.R. §§12,211 and 12.212 and the Department of Defense FAR Supplement (DFARS) 48 C.F.R. §§227.7291 through 227.7202-4, all computer software and technical data provided by Cirba are subject to the terms of this Agreement and not the FARS or DFARS data rights provisions.
  3. Assignment. This Agreement may not be assigned or transferred by Licensee without the prior written permission of Cirba in its sole discretion. Cirba may freely assign or transfer this Agreement or its obligations hereunder. Any such assignment or transfer in violation of this provision shall be null and void.
  4. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. With respect to any action, suit or proceeding brought by either party hereto under or relating to this Agreement, each party irrevocably submits to the exclusive jurisdiction of the courts of the Province of Ontario.
  5. Use of Aggregate Data. Licensee agrees that Cirba may collect, use and disclose quantitative data derived from the use of the Densify Subscription Offering for industry analysis, benchmarking, analytics, marketing and other business purposes. All data collected, used and disclosed will be in aggregate form only and will not identify Licensee or its users.
  6. Survival. The provisions of this Agreement which by their nature should survive, shall survive any termination or this Agreement, including, without limitation, Sections 3(c), 4, 5(b), 5(c), 5(d), 7, 8, 9 and 12.
  7. Headings. The division of this Agreement into Sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of the Agreement.
  8. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior agreements or understandings of the parties with respect thereto.

 

SCHEDULE A
Restricted Countries

Afghanistan

Nauru

Angola

North Korea

Belarus

Palau

Bhutan

Palestine

Burundi

Papua New Guinea (PNG)

Cayman Islands

Sao Tome and Principe

Cameroon

Seychelles

China

Sierra Leone

Cuba

Solomon Islands

Eritrea

Somalia

Ethiopia

Sudan

Haiti

Syria

Iran

Turkish Republic of Northern Cyprus (TRNC)

Iraq

Turkmenistan

Kiribati

Tuvalu

Kuwait

Uganda

Lebanon

Vanatu

Laos

Yemen

Maldives

Myanmar (Burma)

Mozambique

 

 

SCHEDULE B
Supplementary License Terms and Conditions

Licensee’s use of the Densify Subscription Offering and the Local Component is also subject to the following supplementary license terms and conditions ("Supplementary License Terms and Conditions"):

  1. If Licensee licenses the Densify Subscription Offering for a specified number of Targets, once Discovered Systems have been identified as specific Targets, they cannot be moved to other Targets.
  2. Licenses for the Densify Subscription Offering are based upon the number of Targets for the Specified Technology and the Specified Period.
  3. Licenses issued to Licensee in respect of one Specified Technology may not be used for another Specified Technology.
  4. The start date for the license to use the Densify Subscription Offering is the date that the Local Component is installed and (if requested) the credentials for the access to the Densify Subscription Offering is emailed by Cirba to Licensee or to the Cirba authorized reseller, if applicable (the "License Start Date").
  5. The expiry date for the license to use the Densify Subscription Offering (the "License Expiry Date") is calculated from the License Start Date to the end of the Specified Period, unless an extension is obtained through issuance of a subsequent purchase order.
  6. The Specified Period continues to run irrespective of: (a) actual usage, (b) when a Discovered System becomes a Target, (c) whether data actually continues to be collected/loaded for the Discovered System, (d) whether the Target is included in an analysis, or (e) whether the data remains in the Cirba repository.
  7. A target that is moved to a different physical server (i.e. a P2V migration) during the Term is not considered a new Target provided the Host Name remains unchanged. Historical data associated with the original Target can be remapped to the new Target without consuming an additional license.
  8. The data collection methodology (i.e. collection via scripts or Cirba agents) is irrelevant in determining whether a server is a target; once a Discovered System is identified by Licensee as a target (either manually or automatically through options in the Densify Subscription Offering) the server is counted as a Target.

 


Portal and Trial Eval Agmet. V4 (March 2017)