Veritas Enterprise Flex Agreement

9. GENERAL. If any provision or provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforcement of the remaining provisions shall not be affected or affected. This Agreement and the SEAA constitute the entire agreement of the Parties with respect to their subject matter and supersede all prior or simultaneous negotiations, written or oral, correspondence, understandings and agreements between the Parties that comply with the subject matter of this Agreement. No modification of this Agreement shall be binding unless it is proved by written evidence signed by the party against whom it is intended to apply it. A Party`s failure to enforce any provision of this Agreement shall not be construed as a waiver of that Party`s right to enforce those provisions thereafter. In addition, the terms of this Agreement prevail over contradictory, inconsistent and/or additional standard terms for orders, invoices or other documents filed by the Customer, notwithstanding any provisions to the contrary contained in such document. Enterprise Flex agreements provide our largest global enterprise customers with additional flexibility in providing and self-managing new licenses at a discounted price, paid in advance. The automated self-service online management system allows customers to control and adapt the delivery of new licenses at this time and on-site. *Please note that Veritas products that were released prior to January 29, 2016 may contain Symantec branding. When new product releases, Veritas will update the branding in the veritas-branding product. Although end user license agreements and other product marks may relate to Symantec, all such references are understood to mean Veritas and all rights and obligations therein.

For the avoiding doubt, please note that your Veritas license provider is Veritas Storage (Singapore) Pte Ltd. for customers who download, install or use Veritas software in Australia, New Zealand or the Pacific Islands. The licensee undertakes to comply with the conditions set out therein, in addition to the conditions contained in the end user`s license agreement and in the document relating to the rights of use of the product provided in or in association with the licensed software (in summary referred to as „EULA“). This Agreement shall supplement the ITA and prevail in the event of any conflict between this Agreement and the ESA. Veritas Enterprise Flex is a versatile prepaid agreement that allows companies to provide a certain amount in product dollars within certain Veritas product families for certain operating platforms and at defined discount rates over a period of time. . . .

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