Hardware Evaluation Agreement

18. Third Party Testing. In the event that the reviewer wishes a third party to conduct some or all of the assessments under this Agreement, the evaluator must obtain Netgate`s prior written consent and request such third party to enter into an agreement with terms substantially equivalent to those of these Evaluation Terms. The evaluator is responsible for ensuring that such third party complies with the provisions of these Evaluation Terms. This Evaluation Agreement (this “Agreement”) is entered into today (the “Effective Date”) by and between Infoblox Inc., a Delaware corporation headquartered at 3111 Coronado Drive, Santa Clara, CA 95054 (“Infoblox”) and the company requesting evaluation products (“Customer”). Infoblox and the Customer are individually a “Party” and together the “Parties”. 4. WARRANTY. The parties acknowledge that the borrowed products are supplied “AS IS”. In the event that the Customer purchases Products, the provisions of the infoblox General Terms and Conditions apply. The Customer does not acquire any ownership or other ownership rights in the Product(s), with the exception of the limited valuation right during the Evaluation Period. INFOBLOX, ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INFOBLOX HAS NOT AUTHORIZED ANY PARTY TO MAKE ANY REPRESENTATIONS, WARRANTIES OR OBLIGATIONS ON BEHALF OF INFOBLOX.

IN NO WAY DOES INFOBLOX GUARANTEE THAT THE PRODUCTS WILL BE ERROR-FREE OR WILL OPERATE WITHOUT PROBLEMS OR INTERRUPTIONS. PRODUCTS CAN BE NEW OR REFURBISHED. 19. Miscellaneous. This Agreement, in conjunction with the Netgate Terms of Use, sets forth the entire agreement between the parties and the aggregates and supersedes all prior agreements, discussions and understandings, express or implied, between the parties, whether oral or written. This Agreement supersedes any additional or conflicting terms that may be contained in any of the Appraiser`s Orders or other confirmation forms. The Appraiser and Netgate are independent contractors, and nothing in these Valuation Terms is intended or intended to create a relationship between the Principal and the Agent, Employer or Employee, or the Joint Venture between the Parties. In the event of any material conflict between these Evaluation Terms and the other Netgate Terms, these Evaluation Terms shall prevail. This Agreement shall not be deemed to have been amended, amended, repealed, cancelled or suspended, in whole or in part, unless amended in writing by the Parties. In the event that one or more provisions contained in these Evaluation Terms should be held to be unenforceable in any respect for any reason, such unenforceability shall not affect any other provision of this Agreement, and these Evaluation Terms shall be construed as if such unenforceable provision were not contained herein. Sections 10 through 19 of this Agreement shall survive the expiration or termination of the Evaluation Period.

Licensee may not disclose Confidential Information to any third party except Licensee`s employees and independent contractors who have a legitimate need to know, who know that they owe Licensee a duty of trust, and who agree to comply with the Privacy Terms, which are at least as comprehensive as those set forth herein; provided that the Licensee is responsible for the breach by such a person. Licensee may not make copies of the Confidential Information unless such employees and independent contractors require it or have been previously approved in writing by Seagate. Licensee shall ensure that each copy of the Confidential Information authorized hereunder contains and indicates the same confidential or proprietary notices or legends that appear on the original. This Agreement does not restrict or restrict, but only supplement, the protection of Confidential Information contained in an agreement between the parties. If and until it has been purchased from Licensee, Licensee may only use the Product for evaluation and qualification purposes. Under no circumstances may Licensee use the Product in a production environment. If Licensee chooses to purchase the Product for internal testing, Licensee acknowledges that the Product may be a prototype Product that is still in development, is not intended for sale or commercial use, and is provided “as is”. If the purpose of the Product was the pre-purchase evaluation, Licensee acknowledges that the Product may be a refurbished product or contain refurbished parts, that the warranty period applicable to the Product has begun to be shipped, and that the purchase is subject to the Seagate Product Terms and Conditions, except for the warranty specified herein; as described in www.seagate.com/gb/en/css/terms-us/….

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