Licensing Model Guide

Transcription

1 Licensing Model Guide Last updated: 5/28/10 The terms and conditions set forth in this Licensing Model Guide apply to the Software licensed by Licensee or Customer under the applicable agreement with Vizioncore, Inc. (the Agreement ). Except as defined herein or otherwise required by the context herein, all defined terms used in this Licensing Model Guide shall have the meaning set forth in the Agreement. Multiple terms included in this Licensing Model Guide may apply to any particular Software license and additional license parameters may be included in the applicable Documentation. Note: CPU Socket- Any Software licensed on a per-cpu Socket basis may be installed and used on any number of servers provided the total number of CPU Sockets contained within those servers does not exceed the number of CPU Sockets for which the Software is originally licensed. A CPU Socket is a connector on a computer's motherboard that accepts a CPU and forms an electrical interface with it. A CPU is a central processing unit that interprets computer program instructions and processes data. Servers may contain one or more CPU Sockets. CPU- A CPU is a central processing unit that interprets computer program instructions and processes data. For each CPU license granted, Customer may use the Software only on the CPU for which it is originally licensed. Page 1 of 6

2 Vizioncore Products vcontrol Software and license keys reside on a Windows based master server o Each physical CPU socket under management equals 1 CPU License. (quad CPU Host requires 4 CPU licenses.), number of cores does not matter. o 1 and 3 year options available Free trials available at (Unlimited CPU license good for 30 days) VMware vsphere 4, Microsoft Hyper-V, Citrix XenServer, and others vconverter Software and license keys reside on a separate Windows based server. Does not require agents inside the Guest OS vconverter is available in two editions: 1. Server Consolidation (SC) - to be used for one time machine conversions (one license per source machine and one conversion) 2. Disaster Recovery (DR) - for unlimited machine cloning and incremental synchronization (one license per source machine and multiple conversions) After each successful conversion, the number of available conversions is decremented from the license. Unsuccessful or cancelled conversions do not decrement licensing. The vconverter upstream licensing method allows for centralized use and management of just one serial number. That is, if you have 1,000 servers to convert you can purchase a single serial number for 1000 source servers and distribute the vconverter executable to a large number of workstations. These downstream workstations will activate their installation using the central system that was activated originally. It has to be specified if the license to be purchased is needed for Server Consolidation (SC) or Disaster Recovery (DR). Page 2 of 6

3 Free trials available at (3 total conversions or 15 days, whichever comes first, or 3 continuous protections' for a total of 15 days) vfoglight Software and license keys reside on a separate Windows based server. Does not require agents inside the Guest OS (quad CPU ESX Host requires 4 CPU licenses.), number of cores does not matter 1 and 3 year options are available Free trials available at (10 CPU license good for 30 days) voptimizer Pro Software and license keys reside on a separate Windows based server -does not require agents inside the Guest OS (Quad CPU ESX Host requires 4 CPU Licenses), number of cores does not matter Free trials available at (2 Virtual Machine optimization license good for 15 days) Page 3 of 6

4 vranger Pro Software and license keys reside on a separate Windows based server - does not require agents inside the Guest OS or ESX hosts (Quad CPU ESX Host requires 4 CPU Licenses), number of cores does not matter Free trials available at (10 CPU license good for 30 days) vreplicator Software and license keys reside on a separate Windows-based server. (Quad CPU ESX Host requires 4 CPU Licenses), number of cores does not matter Free trials available at (10 CPU license for 30 days.) Page 4 of 6

5 vfoglight QuickView vfoglight QuickView ( vfog QV ) is licensed free of charge ( Freeware ) by Vizioncore. The following provisions shall only apply to Customer s use of vfog QV Freeware. The terms outlined herein shall supersede any conflicting terms set forth in the Agreement. Capitalized terms not defined herein shall have the same meaning as those set forth in the Agreement. License. Vizioncore hereby grants Customer a non-exclusive and non-transferable, license to use the Freeware, in executable object code form only, for personal or internal business purposes, for the duration specified by Vizioncore. Customers who are partners of Vizioncore may use the Freeware on their customer sites for promotional purposes only, provided, however, that if their customer wishes to obtain their own copy of the Freeware, Customer must direct their customer to Vizioncore s download site to obtain a copy of the Freeware. Vizioncore may change the scope of use restrictions set forth herein at any time in its sole discretion. This license does not entitle Customer to receive from Vizioncore hard-copy Documentation, technical support, telephone assistance, or enhancements or updates to the Freeware. If Vizioncore releases a commercial version of the Freeware, the parties shall agree upon the fees and terms of such use in a separate signed agreement. Disclaimer of Warranty. THE FREEWARE IS PROVIDED FREE OF CHARGE, AND, THEREFORE, ON AN "AS IS" AND UNSUPPORTED BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. NO USE OF THE FREEWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. Fees and Taxes. There is no fee for Customer s use of the Freeware in accordance with the Agreement, however, Customer is responsible for any applicable shipping charges or taxes which may be incurred under the Agreement, and any fees which may be associated with usage beyond the scope permitted herein. Limitation of Liability and Damages. IN NO EVENT WILL VIZIONCORE, ITS SUBSIDIARIES OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO CUSTOMER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND DATA AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF VIZIONCORE OR A VIZIONCORE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. VIZIONCORE S CUMULATIVE LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO US $ Customer is hereby notified that the vfog QV may collect certain information from the Customer and transmit such information back to Vizioncore. Such information may include, without limitation, statistics relating to how often vfog QV and tools are started and completed, performance metrics relating to vfog QV, and vfog QV configuration settings, and data relating to the extent of the monitored environment. In addition, Customer is hereby notified that vfog QV includes a mechanism to transmit information to Vizioncore regarding unhandled exceptions, and the vfog QV makes connections to Vizioncore servers to verify license validity. Customer hereby consents to the collection of such information by vfog QV, the transmission of such information to Vizioncore, and the use of such information by Vizioncore for any purpose without restriction, provided, however, that Vizioncore will not send the results of the monitoring or diagnostic tool runs other than with the exception listed above to anything other than vfog QV. The vfog QV software licensed by Vizioncore may only be used to monitor a maximum number of two-hundred and fifty (250) virtual machines per instance of the software. A maximum of three (3) instances of the software may be installed within a company or organization. Page 5 of 6

6 To learn more about Vizioncore s transaction product agreement please visit (NOTE: When visitors click this link the attached file opens) Page 6 of 6