(a) Physical kernels on a server. You can obtain a license based on all the physical cores of the server. If you select this option, the number of licenses required is the number of physical kernels on the server that require at least four licenses per processor. 11.1. In the event of a breach of the performance guarantee set out in point 10.1, Commvault shall make economically reasonable efforts to provide you with an error correction or work-around that corrects the reported non-compliance and provides you with a credit corresponding to a percentage of the monthly service fee you pay (“Service Credit”) if your entitlement to a Service Credit is approved by Commvault. You must submit to Commvault Customer Service a request containing all the information necessary to validate the claim, including, but not, to: (i) a detailed description of the incident; (ii) information on the duration and duration of downtime; and (iii) describe attempts to resolve the incident at the time of occurrence. Commvault must receive your request within 30 days of the end of the billing month in which the incident that is the subject of the complaint occurred. Commvault will evaluate all available information and determine in good faith whether a service credit is due. All intellectual property and intellectual property rights in the Software, as well as any copies you may make to it, are owned by Commvault and/or its licensors and are protected by patents, copyrights, trade secrets, and other laws of the United States and other countries, as well as international contractual clauses. In addition to any other rights or remedies available to them, such licensors are third party beneficiaries of this SEA for their respective software and may have the right to enforce such terms against you. This software is licensed, not sold.
The purchase of a license for the software is final, non-refundable and non-refundable (except as set forth above). Acceptance of the software is made with delivery of the software to you by Commvault or its licensors. They do not have any rights other than a license to use the software on the terms expressly defined in this AESE. The structure, order, organization and source code of the software are valuable trade secrets of Commvault and/or its licensors. The export of the software may be limited by the export control laws of the United States of America and other countries. You agree to strictly abide by all of these rules and acknowledge that you are responsible for obtaining licenses to export, re-export or import software. This ITA is subject to the laws of New Jersey, USA, without regard to the provisions relating to the applicability of the laws of other jurisdictions. Advertisements, catalogues or other publications or statements, written or oral, regarding the performance of the EULA Licensed Software are not part of this ITA. If any provision of this ITA is declared invalid or unenforceable by a competent court, the other provisions of the EUA will remain in full force and effect.
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