Commvault Software Terms & Conditions 

Commvault’s Software delivers a unified solution combining backup and recovery with disaster recovery to deliver enterprise-grade data protection that is powerful and easy to use and provides data availability and business continuity across on-premise and cloud environments using a single extensible platform.  

  1. Getting Started. Commvault grants Customer a limited, non-exclusive, non-sublicensable, and non-transferable license to install, execute and use the Software (including Software embedded in any hardware, if applicable) solely in binary code form during the Software Term (defined below), in accordance with the applicable ordering documents, Commvault’s Privacy Policy, FAQs, website, user manuals and other information provided to assist Customer in its use and operation of the Software (collectively, the “Documentation”). The Software is licensed, not sold and except as set forth herein, all sales of Software are final, non-returnable and non-refundable. Acceptance of the Software occurs upon delivery. Software license key(s) are electronically delivered by Commvault. Any Software license acquired by virtue of Customer’s use or purchase of hardware shall be limited to the hardware upon which the Software was originally installed. Customer may be required to periodically reapply Software license keys during the Software Term which Commvault shall provide. Customer may make a copy of the Software solely for back-up purposes, provided such back-up copy is used only as a replacement for the original copy on the same hardware upon which the Software was originally installed. Customer may use the Software solely for its internal data center operations.  
  1. Capacity. Customer shall activate and maintain the reporting features of any capacity-based Software and provide usage reports to Commvault upon request. In the event Customer’s use of limited capacity-based Software exceeds capacity, Customer shall be obligated to pay Commvault, directly or through its authorized reseller, for all excess usage. Software purchased on a capacity-basis may cease to operate and perform if Customer exceeds capacity. If Customer purchases unlimited capacity Software for itself and/or its affiliates and subsidiaries: (i) the Software may be used by Customer’s affiliates and subsidiaries in the territory set forth in the order forms only, (ii) Customer assumes all liability for those affiliates and subsidiaries, and (iii) upon acquisition of Customer’s business by another entity, the unlimited capacity Software license shall terminate, and Customer will retain a limited license for the Software then-deployed in Customer’s environment for the remainder of the Software Term.  
  1. Maintenance & Support. Commvault provides support and maintenance for the Software as set forth here at Commvault’s then-current pricing. Customers who purchase support and maintenance must do so for all Software in Customer’s Environment. Maintenance and support commence upon delivery of the Software, if applicable.  
  1. Commvault Software Warranty. Commvault warrants that the Software shall substantially perform in accordance with the user documentation for a period of ninety (90) days from the date of delivery (the “Warranty Period”). During the Warranty Period, if the Software is defective, Customer must immediately notify Commvault in writing, and Commvault, in its discretion, will either: (i) repair or replacement the defective Software; or (ii) return prorated fees paid by Customer for the defective Software, in which case Customer shall uninstall and return or destroy the defective Software.  
  1. Term. The term of Customer’s license to the Software shall begin on the date the Software is delivered and continue as set forth in the applicable order form (the “Software Term”), except where such license is perpetual. The Software Term shall renew for an equal term unless either party provides written notice of non-renewal sixty (60) days prior to the renewal date. Upon expiration of the Software Term, Customer may use a limited recovery version of the Software solely for recovering data backed up by the Software during the Software Term. 

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