END-USER LICENSE AGREEMENT FOR VMRAY SOFTWARE VERSION 21End-User License Agreement • February 19th, 2025
THIS END-USER LICENSE AGREEMENT (“EULA”) IS A LEGALLY BINDING CONTRACT BETWEEN LICENSEE AND LICENSOR (COLLECTIVELY "PARTIES" OR INDIVIDUALLY A "PARTY"). IT COVERS THE TERMS AND CONDITIONS FOR THE LICENSEE’S USE OF VMRAY SOFTWARE AND SERVICES. LICENSOR OBJECTS TO ANY ALTERNATIVE OR ADDITIONAL TERMS OR CONDITIONS PROPOSED BY LICENSEE IN ANY LICENSEE-ISSUED DOCUMENT (SUCH AS A PURCHASE ORDER), INCLUDING ANY TERMS THAT ARE IN CONFLICT WITH LICENSOR’S, EXCEPT WHERE AN INDIVIDUAL, SIGNATURE-BEARING CONTRACT HAS BEEN CONCLUDED WITH LICENSOR AS THE GOVERNING AGREEMENT. ANY PRODUCT PLAN, ORDER OR INVOICE RELATING TO THIS EULA IS DEEMED TO BE PART OF THIS EULA AND IS HEREBY INCORPORATED BY REFERENCE. IN CASE LICENSEE RECEIVES THE SOFTWARE THROUGH A RESELLER, ALL FEES AND OTHER PROCUREMENT AND DELIVERY TERMS WILL BE AGREED BETWEEN LICENSEE AND RESELLER; HOWEVER, THE TERMS SET FORTH IN THIS EULA REGARDING LICENSEE’S USE OF THE SOFTWARE REMAIN APPLICABLE. LICENSEE’S AGREEMENT WITH THE RESELLER IS B