BY ACCESSING, DOWNLOADING, INSTALLING, UPLOADING, COPYING OR USING THE TRIAL OFFERING, YOU ASSENT AND AGREE TO THIS TRIAL AGREEMENT (“AGREEMENT”) WITH VMware, LLC (“VMWARE”). THE TERM “YOU” SHALL REFER, JOINTLY AND SEVERALLY, TO YOU INDIVIDUALLY AND ANY ORGANIZATION ON WHOSE BEHALF YOU ACT. If You and VMware are parties to an existing license or subscription agreement, this Agreement is meant to supersede Your existing license or subscription agreement with VMware specifically and only as to the Trial Offering (as defined below). In the event of any conflict between Your existing agreement with VMware and this Agreement, this Agreement for the Trial Offering shall apply, but only to the Trial Offering. If You do not agree to these terms, then do not access, download, install, upload, copy or use the Trial Offering.
Trial Offering
VMware Carbon Black Workload Advanced – cloud-native solution that provides foundational workload security, hardening, and vulnerability assessment capabilities to protect workloads running on-prem and on private, public and hybrid cloud.
- During the Trial Period (as defined below), VMware grants you, at no cost, a temporary, non-exclusive, non-transferable, non-assignable right to access and use the Service Offering for your own internal use for the purpose of evaluating the Service Offering (“Trial”). You can use the Service Offering for a period of 30 days (“Trial Period”) beginning on the day you receive login credentials from VMware. Either VMware or you can terminate the Trial Period prior to the scheduled expiration date, by written notice to the other. Any extension of the Trial Period must be agreed to by both of us, in writing.
- Your use of the Service Offering during the Trial Period is subject to the additional terms set forth on Attachment 1 to this Agreement.
- There is no commitment to purchase the Service Offering at the end of the Trial Period. At the end of the Trial Period, unless you purchase a subscription to the Service Offering, you will have no further right to use or access the Service Offering and VMware will not be obligated to retain your data or configurations generated during the Trial Period by your use of the Service Offering.
- VMware will operate the Service Offering during the Trial Period with the same duty of care that VMware provides to other users of the Service Offering, but in no event less than a reasonable standard of care. You and VMware each have an obligation to implement and maintain appropriate technical and organizational security measures with regard to the Service Offering. You acknowledge that VMware may limit certain features and functionality of the Service Offering during the Trial Period.
- You will retain all right, title and interest to, and all intellectual property rights in, your data sent to the Service Offering. Except for the limited right to use the Service Offering under this Agreement, you do not acquire any rights, including intellectual property rights, in any component of the Service Offering.
- During the Trial Period, you must use the Service Offering in compliance with all applicable laws. VMware may terminate the Trial at any time if you fail to comply with this Agreement or if your use of the Service Offering poses a security risk to the Service Offering or to other users.
- VMware will provide the Service Offering to you during the Trial Period (a) “AS IS” and (b) without warranty, condition, support, or service level commitment of any kind. Your use of the Service Offering during the Trial Period is at your own risk. VMware’s, its affiliates’ and its suppliers’ aggregate liability for any claim (including indirect damages) arising from your use of the Service Offering during the Trial Period will not exceed $5,000 USD (or the equivalent in local currency).