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SPLUNK VR
APP END USER LICENSE AGREEMENT
THIS SPLUNK VIRTUAL REALITY, AUGMENTED REALITY, AND MIXED REALITY (collectively, “VR”) APP END USER LICENSE AGREEMENT (THIS "AGREEMENT") GOVERNS THE LICENSING, INSTALLATION AND USE OF THE SOFTWARE DESCRIBED HEREIN AS PROVIDED BY SPLUNK. BY DOWNLOADING AND/OR INSTALLING THE SOFTWARE: (A) YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND AGREE TO BE LEGALLY BOUND BY IT ON BEHALF OF THE COMPANY, GOVERNMENT, OR OTHER ENTITY FOR WHICH YOU ARE ACTING (FOR EXAMPLE, AS AN EMPLOYEE OR GOVERNMENT OFFICIAL) OR, IF THERE IS NO COMPANY, GOVERNMENT OR OTHER ENTITY FOR WHICH YOU ARE ACTING, ON BEHALF OF YOURSELF AS AN INDIVIDUAL; AND (B) YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ACT ON BEHALF OF AND BIND SUCH COMPANY, GOVERNMENT OR OTHER ENTITY (IF ANY).
IF YOU ARE UNWILLING TO AGREE TO THIS AGREEMENT, OR YOU DO NOT HAVE THE RIGHT, POWER AND AUTHORITY TO ACT ON BEHALF OF AND BIND THE COMPANY, GOVERNMENT OR OTHER ENTITY FOR WHICH YOU ARE ACTING, DO NOT CLICK ON THE ACCEPT (OR EQUIVALENT) BUTTON AND DO NOT INSTALL, DOWNLOAD, ACCESS, OR OTHERWISE USE THE SOFTWARE AND CANCEL THE LOADING OF THE SOFTWARE.
AS USED IN THIS AGREEMENT, “SPLUNK,” REFERS TO SPLUNK INC., A DELAWARE CORPORATION, WITH ITS PRINCIPAL PLACE OF BUSINESS AT 270 BRANNAN STREET, SAN FRANCISCO, CALIFORNIA 94107, U.S.A.; AND “YOU” OR “YOUR” REFERS TO THE COMPANY, GOVERNMENT, OR OTHER ENTITY ON WHOSE BEHALF YOU HAVE ENTERED INTO THIS AGREEMENT OR, IF THERE IS NO SUCH ENTITY, YOU AS AN INDIVIDUAL.
1. DEFINITIONS
"Affiliate" means, with respect to a party, any other person or entity that directly or indirectly Controls or is Controlled by such party, but only for so long as such Control exists. "Control" and its grammatical variants mean (i) a general partnership interest in a partnership, or (ii) the beneficial ownership of a majority of the outstanding equity entitled to vote for directors.
“Feedback” means all suggestions, comments, opinions, code, input, ideas, reports, information, know-how or other feedback provided by You (whether in oral, electronic or written form) to Splunk in connection with Your use of the Software. Feedback does not include data, unless submitted or communicated by You to Splunk as part of Feedback.
"Internal Business Purpose" means the use of any of the Software only for Your internal business use with Your systems, networks, devices and data solely in conjunction with the specific Splunk products or services identified in materials distributed with the Software, with which such Software was designed to operate ("Splunk Products"). Such use does not include use of Your systems, networks or devices as part of services You provide for a third party's benefit.
"Software" means the Splunk software application indicated above or described on the download page and any updates, upgrades, releases, fixes, enhancements or modifications thereof or thereto.
2. LICENSES
2.1 License Grant. Subject to Your compliance with the terms and conditions of this Agreement, Splunk grants to You a limited, non-exclusive, non-transferable, non-sublicensable, worldwide, fully-paid up license to download and use the Software, in object code form only, on the device that You own or control and only for Your Internal Business Purpose.
2.2 Qualified User. The Software is to be used only in conjunction with the Splunk Products with which such Software was designed to operate. You may use the Software only if You are an authorized user of the Splunk Products.
2.3 License Restrictions. You agree not to (a) use the Software except as expressly authorized in this Agreement; (b) copy the Software (except as required to run the Software); (c) modify, adapt, or create derivative works of the Software; (d) rent, lease, loan, resell, transfer, sublicense (including, but not limited to, offering any of the functionality of the Software on a service provider, hosted or time sharing basis or making the Software available over a network where it could be used by multiple devices at the same time) or distribute the Software to any third party; (e) decompile, disassemble or reverse-engineer the Software or otherwise attempt to derive the Software source code; (f) disclose to any third party the results of any benchmark tests or other evaluation of the Software; (g) use the Software only with a VR capable device, headset or other equipment which is authorized for use with the Software; or (h) authorize any third parties to do any of the above. Any consultant, contractor, or agent hired to perform services for You may operate the Software on Your behalf under these terms and conditions, provided that: (v) You are responsible for ensuring that any such third party agrees to abide by and fully comply with the terms of this Agreement on the same basis as applicable to You; (x) such use is only in connection with Your Internal Business Purpose; (y) such use does not represent or constitute an increase in the scope of the licenses provided hereunder; and (z) You remain fully liable for any and all acts or omissions by such third parties related to this Agreement. Any violation of this Section shall be a material breach of this Agreement subject to immediate termination of this Agreement for which no notice from Splunk shall be required.
2.4 Feedback. You grant Splunk an unrestricted, perpetual, worldwide, exclusive, transferable, irrevocable, sublicensable, royalty-free, fully paid-up license to use, copy, modify, create derivative works of, make, have made, distribute (through multiple tiers of distribution), publicly perform or display, import, export, sell, offer to sell, rent or license or exploit the Feedback as part of or in connection with any Splunk product, service, technology, content, material, specification or documentation in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
3. OWNERSHIP. As between Splunk and You, Splunk, its suppliers and/or its licensors own all worldwide right, title and interest in and to the Software, including all related intellectual property rights (including patent, copyright, trademark, and trade secret rights and other intellectual property and proprietary rights, whether registered or unregistered). No rights are granted to You hereunder other than as expressly set forth herein. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove or obscure any copyright, trademark, and/or any other intellectual property or other proprietary notices from the Software.
4. CONSENT TO USE OF DATA. You agree that Splunk may collect and process technical and related information about Your use of the Software (which may include, without limitation, log data, technical information about Your device, system and application software, and peripherals) and certain aggregated, anonymized, or pseudonymized information about the Software environment, performance, configuration and other usage information. Splunk uses such information to provide the Software, support and troubleshoot issues, provide updates, automate invoices, analyze trends and improve Splunk’s products or services. Splunk collects and processes the information it collects subject to Splunk’s Privacy Policy, which can be found at https://www.splunk.com/en_us/legal/privacy/privacy-policy.html (as updated and amended from time to time) and is hereby incorporated by reference and made a part of this Agreement.
5. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SOFTWARE IS AT YOUR SOLE RISK. SPLUNK, ITS SUPPLIERS AND/OR ITS LICENSORS PROVIDE THE SOFTWARE AS-IS AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, QUIET ENJOYMENT, AND INTEGRATION, AND OTHER WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SPLUNK SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. BECAUSE THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME STATES OR JURISDICTIONS, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SPLUNK BE CONSIDERED THE SUPPLIER OR LICENSOR OF ANY DEVICE, HEADSET OR OTHER EQUIPMENT TO BE USED WITH THE SOFTWARE, OR TO HAVE ASSUMED ANY OBLIGATIONS WITH RESPECT TO SUCH DEVICE, HEADSET OR EQUIPMENT, OR TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH DEVICE, HEADSET OR EQUIPMENT.
6. LIMITATION OF LIABILITY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY: (A) SPLUNK AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE “SPLUNK ENTITIES”) WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING ANY DAMAGES ARISING FROM LOSS OF USE, LOSS OF DATA, LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF; AND (B) SPLUNK ENTITIES’ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00); IN EACH OF THE FOREGOING CASES (A) AND (B), REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM CONTRACT, INDEMNIFICATION, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER SPLUNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN ADDITION, YOU, AND NOT SPLUNK, ARE SOLELY RESPONSIBLE FOR THE ACCURACY, QUALITY AND SECURITY OF YOUR DATA AND FOR MAINTAINING A BACKUP OF ALL SUCH DATA, AND FOR ENSURING THE SECURITY AND INTEGRITY OF YOUR DATA, COMPUTERS, NETWORKS AND SYSTEMS (INCLUDING WITH RESPECT TO PROTECTING AGAINST VIRUSES AND MALWARE).
7. HEALTH SAFETY WARNING REGARDING VIRTUAL REALITY. TO REDUCE THE RISK OF PERSONAL INJURY, DISCOMFORT OR PROPERTY DAMAGE, BEFORE USING THE SOFTWARE, PLEASE ENSURE THAT ALL USERS OF THE SOFTWARE CAREFULLY (A) READ THE WARNING BELOW AND (B) READ AND FOLLOW ALL WARNINGS AND SETUP AND OPERATING INSTRUCTIONS PROVIDED FOR ANY DEVICE, HEADSET OR EQUIPMENT USED WITH THE SOFTWARE.
WARNING: You should only use a device, headset or other equipment authorized for use with the Software. You may experience epileptic seizures, blackouts, motion sickness, nausea, disorientation, altered vision or other symptoms while viewing content. If you do, IMMEDIATELY DISCONTINUE USE of the device, headset or other equipment. If you or any family member has had an epileptic condition, seizures, binocular vision abnormalities, psychiatric disorders or other serious medical conditions, or you are pregnant or elderly, you should refrain from using the Software.
8. TERM AND TERMINATION. The license granted under this Agreement is effective until terminated by You or Splunk. Your rights under this license will terminate automatically without notice from Splunk if You fail to comply with any term(s) of this Agreement. The license granted under this Agreement will automatically terminate upon termination or expiration of the license granted to You for the applicable Splunk Products. Upon termination, You shall cease all use of the Software, and destroy all copies, full or partial, of the Software.
9. EXPORT. You will comply fully with all relevant export laws and regulations of the United States and any other country ("Export Laws") where You use the Software. You certify that You are not on any of the relevant U.S. Government lists of prohibited or restricted parties, including but not limited to the Treasury Department's List of Specially Designated Nationals, and the Commerce Department's List of Denied Persons or Entity List. You further certify that You shall not export, re-export, ship, transfer or otherwise use the Software in any country subject to an embargo, designated by the U.S. Government as a “terrorist supporting” country, or other sanction by the United States and that You shall not use the Software for any purpose prohibited by the Export Laws, including, but not limited to, nuclear, chemical, missile or biological weapons related end uses.
10. GOVERNMENT END USER RIGHTS. You acknowledge that the Software was developed entirely at private expense and that no part of the Software was first produced in the performance of a U.S. Government contract. You agree that the Software and any derivatives thereof are "Commercial Items" as defined in 48 C.F.R. § 2.101, and if You are a U.S. Government agency or instrumentality or if You are providing all or any part of the Software or any derivatives thereof to the U.S. Government, such use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and data, is restricted in accordance with 48 C.F.R. § 12.211, 48 C.F.R. § 12.212, 48 C.F.R. § 227.7102-2, and 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.211, 48 C.F.R. § 12.212, 48 C.F.R. § 227.7102-1 through 48 C.F.R. § 227.7102-3, and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable, the Software is licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other users pursuant to this Agreement and any related agreement(s), as applicable. Accordingly, You will have no rights in the Software except as expressly agreed to in writing by You and Splunk.
11. CHOICE OF LAW AND DISPUTES. (i) For other than the U.S. Government as a party, this Agreement shall be governed by and construed in accordance with the laws of the State of California, U.S.A., as if performed wholly within the state and without giving effect to the principles of conflict of law rules of any jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (UNCITRAL) and the Uniform Computer Information Transactions Act (UCITA), regardless of when or where adopted, shall not apply to this Agreement. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in San Francisco, California, U.S.A., and the parties hereby consent to personal jurisdiction and venue therein (except that Splunk may seek injunctive relief to prevent improper or unauthorized use or disclosure of any of its proprietary or confidential information in any court of competent jurisdiction). If a dispute arises between You and Splunk, and either You or Splunk files suit in any court of competent jurisdiction to enforce rights under this Agreement, then the prevailing party shall be entitled to recover from the other party all costs of such action or suit, including, but not limited to, investigative costs, court costs and reasonable attorneys' fees (including expenses incurred to collect those expenses). (ii) If a dispute arises between You and Splunk that is related to a U.S. Government customer, this Agreement shall be governed by and interpreted in accordance with the Contract Disputes Act of 1978, as amended (41 U.S.C. §§ 7101-7109). Failure of the parties to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this Agreement shall be a dispute to be resolved in accordance with the clause at 48 C.F.R § 52.233-1, which is incorporated in this Agreement by reference.
12. GENERAL. Unless otherwise provided herein, all rights and remedies, whether conferred hereunder or by any other instrument or law, will be cumulative and may be exercised singularly or concurrently. The failure by either party to enforce any provisions of this Agreement will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions. The terms and conditions stated herein are declared to be severable. If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. You may not assign, delegate or transfer this Agreement, in whole or in part, by agreement, operation of law or otherwise. Splunk may assign this Agreement in whole or in part to (i) an Affiliate, upon written notice to You (such notice to be delivered electronically or otherwise) or (ii) in connection with an internal reorganization or in connection with a merger, acquisition, or sale of all or substantially all of Splunk's assets. Any attempt to assign this Agreement other than as permitted herein will be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties' permitted successors and assigns. This Agreement constitutes the complete and exclusive understanding and agreement between the parties relating to Your use of the Software and supersedes any and all prior or contemporaneous agreements, communications and understandings, written or oral, relating to the Software. This Agreement does not modify or alter the terms of the agreement delivered with the applicable Splunk Product.
13. MODIFICATION. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and agreed to by You and a duly authorized representative of Splunk. Notwithstanding the foregoing, Splunk may modify the terms and conditions set forth in this Agreement from time to time. Unless Spunk indicates otherwise, such modifications will be effective as of the date they are posted. You should therefore review these terms and conditions regularly. Splunk may provide notice, in accordance with the provisions of Section 14 of this Agreement, of material modifications.
14. NOTICES. Splunk may provide You with notices, including, but not limited to, notifications generated in connection with the Splunk Product and/or the Software, service announcements and notices regarding changes to the terms and conditions set forth in this Agreement, by, but not limited to, email, text message or SMS, MMS, push notification or in-app message, or other reasonable means now known or hereafter developed. You consent to receiving the foregoing notices by any and all of the foregoing means, except to the extent that You have opted otherwise on Your Device. All notices required of or permitted from You under this Agreement will be in writing and delivered in person, by overnight delivery service, or by registered or certified mail, postage prepaid with return receipt requested, and in each instance will be deemed given upon receipt.
15. SUPPORT. The support team will provide support to the End User in accordance with the following guidelines: https://dev.splunk.com/enterprise/docs/releaseapps/splunkbase/appsupporttypes/ For support of this app, please reach out to https://support.splunk.com or email us at splunk-vr@splunk.com.
Version: Steam October 22, 2020
APP END USER LICENSE AGREEMENT
THIS SPLUNK VIRTUAL REALITY, AUGMENTED REALITY, AND MIXED REALITY (collectively, “VR”) APP END USER LICENSE AGREEMENT (THIS "AGREEMENT") GOVERNS THE LICENSING, INSTALLATION AND USE OF THE SOFTWARE DESCRIBED HEREIN AS PROVIDED BY SPLUNK. BY DOWNLOADING AND/OR INSTALLING THE SOFTWARE: (A) YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND AGREE TO BE LEGALLY BOUND BY IT ON BEHALF OF THE COMPANY, GOVERNMENT, OR OTHER ENTITY FOR WHICH YOU ARE ACTING (FOR EXAMPLE, AS AN EMPLOYEE OR GOVERNMENT OFFICIAL) OR, IF THERE IS NO COMPANY, GOVERNMENT OR OTHER ENTITY FOR WHICH YOU ARE ACTING, ON BEHALF OF YOURSELF AS AN INDIVIDUAL; AND (B) YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ACT ON BEHALF OF AND BIND SUCH COMPANY, GOVERNMENT OR OTHER ENTITY (IF ANY).
IF YOU ARE UNWILLING TO AGREE TO THIS AGREEMENT, OR YOU DO NOT HAVE THE RIGHT, POWER AND AUTHORITY TO ACT ON BEHALF OF AND BIND THE COMPANY, GOVERNMENT OR OTHER ENTITY FOR WHICH YOU ARE ACTING, DO NOT CLICK ON THE ACCEPT (OR EQUIVALENT) BUTTON AND DO NOT INSTALL, DOWNLOAD, ACCESS, OR OTHERWISE USE THE SOFTWARE AND CANCEL THE LOADING OF THE SOFTWARE.
AS USED IN THIS AGREEMENT, “SPLUNK,” REFERS TO SPLUNK INC., A DELAWARE CORPORATION, WITH ITS PRINCIPAL PLACE OF BUSINESS AT 270 BRANNAN STREET, SAN FRANCISCO, CALIFORNIA 94107, U.S.A.; AND “YOU” OR “YOUR” REFERS TO THE COMPANY, GOVERNMENT, OR OTHER ENTITY ON WHOSE BEHALF YOU HAVE ENTERED INTO THIS AGREEMENT OR, IF THERE IS NO SUCH ENTITY, YOU AS AN INDIVIDUAL.
1. DEFINITIONS
"Affiliate" means, with respect to a party, any other person or entity that directly or indirectly Controls or is Controlled by such party, but only for so long as such Control exists. "Control" and its grammatical variants mean (i) a general partnership interest in a partnership, or (ii) the beneficial ownership of a majority of the outstanding equity entitled to vote for directors.
“Feedback” means all suggestions, comments, opinions, code, input, ideas, reports, information, know-how or other feedback provided by You (whether in oral, electronic or written form) to Splunk in connection with Your use of the Software. Feedback does not include data, unless submitted or communicated by You to Splunk as part of Feedback.
"Internal Business Purpose" means the use of any of the Software only for Your internal business use with Your systems, networks, devices and data solely in conjunction with the specific Splunk products or services identified in materials distributed with the Software, with which such Software was designed to operate ("Splunk Products"). Such use does not include use of Your systems, networks or devices as part of services You provide for a third party's benefit.
"Software" means the Splunk software application indicated above or described on the download page and any updates, upgrades, releases, fixes, enhancements or modifications thereof or thereto.
2. LICENSES
2.1 License Grant. Subject to Your compliance with the terms and conditions of this Agreement, Splunk grants to You a limited, non-exclusive, non-transferable, non-sublicensable, worldwide, fully-paid up license to download and use the Software, in object code form only, on the device that You own or control and only for Your Internal Business Purpose.
2.2 Qualified User. The Software is to be used only in conjunction with the Splunk Products with which such Software was designed to operate. You may use the Software only if You are an authorized user of the Splunk Products.
2.3 License Restrictions. You agree not to (a) use the Software except as expressly authorized in this Agreement; (b) copy the Software (except as required to run the Software); (c) modify, adapt, or create derivative works of the Software; (d) rent, lease, loan, resell, transfer, sublicense (including, but not limited to, offering any of the functionality of the Software on a service provider, hosted or time sharing basis or making the Software available over a network where it could be used by multiple devices at the same time) or distribute the Software to any third party; (e) decompile, disassemble or reverse-engineer the Software or otherwise attempt to derive the Software source code; (f) disclose to any third party the results of any benchmark tests or other evaluation of the Software; (g) use the Software only with a VR capable device, headset or other equipment which is authorized for use with the Software; or (h) authorize any third parties to do any of the above. Any consultant, contractor, or agent hired to perform services for You may operate the Software on Your behalf under these terms and conditions, provided that: (v) You are responsible for ensuring that any such third party agrees to abide by and fully comply with the terms of this Agreement on the same basis as applicable to You; (x) such use is only in connection with Your Internal Business Purpose; (y) such use does not represent or constitute an increase in the scope of the licenses provided hereunder; and (z) You remain fully liable for any and all acts or omissions by such third parties related to this Agreement. Any violation of this Section shall be a material breach of this Agreement subject to immediate termination of this Agreement for which no notice from Splunk shall be required.
2.4 Feedback. You grant Splunk an unrestricted, perpetual, worldwide, exclusive, transferable, irrevocable, sublicensable, royalty-free, fully paid-up license to use, copy, modify, create derivative works of, make, have made, distribute (through multiple tiers of distribution), publicly perform or display, import, export, sell, offer to sell, rent or license or exploit the Feedback as part of or in connection with any Splunk product, service, technology, content, material, specification or documentation in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
3. OWNERSHIP. As between Splunk and You, Splunk, its suppliers and/or its licensors own all worldwide right, title and interest in and to the Software, including all related intellectual property rights (including patent, copyright, trademark, and trade secret rights and other intellectual property and proprietary rights, whether registered or unregistered). No rights are granted to You hereunder other than as expressly set forth herein. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove or obscure any copyright, trademark, and/or any other intellectual property or other proprietary notices from the Software.
4. CONSENT TO USE OF DATA. You agree that Splunk may collect and process technical and related information about Your use of the Software (which may include, without limitation, log data, technical information about Your device, system and application software, and peripherals) and certain aggregated, anonymized, or pseudonymized information about the Software environment, performance, configuration and other usage information. Splunk uses such information to provide the Software, support and troubleshoot issues, provide updates, automate invoices, analyze trends and improve Splunk’s products or services. Splunk collects and processes the information it collects subject to Splunk’s Privacy Policy, which can be found at https://www.splunk.com/en_us/legal/privacy/privacy-policy.html (as updated and amended from time to time) and is hereby incorporated by reference and made a part of this Agreement.
5. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SOFTWARE IS AT YOUR SOLE RISK. SPLUNK, ITS SUPPLIERS AND/OR ITS LICENSORS PROVIDE THE SOFTWARE AS-IS AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, QUIET ENJOYMENT, AND INTEGRATION, AND OTHER WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SPLUNK SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. BECAUSE THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME STATES OR JURISDICTIONS, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SPLUNK BE CONSIDERED THE SUPPLIER OR LICENSOR OF ANY DEVICE, HEADSET OR OTHER EQUIPMENT TO BE USED WITH THE SOFTWARE, OR TO HAVE ASSUMED ANY OBLIGATIONS WITH RESPECT TO SUCH DEVICE, HEADSET OR EQUIPMENT, OR TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH DEVICE, HEADSET OR EQUIPMENT.
6. LIMITATION OF LIABILITY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY: (A) SPLUNK AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE “SPLUNK ENTITIES”) WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING ANY DAMAGES ARISING FROM LOSS OF USE, LOSS OF DATA, LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF; AND (B) SPLUNK ENTITIES’ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00); IN EACH OF THE FOREGOING CASES (A) AND (B), REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM CONTRACT, INDEMNIFICATION, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER SPLUNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN ADDITION, YOU, AND NOT SPLUNK, ARE SOLELY RESPONSIBLE FOR THE ACCURACY, QUALITY AND SECURITY OF YOUR DATA AND FOR MAINTAINING A BACKUP OF ALL SUCH DATA, AND FOR ENSURING THE SECURITY AND INTEGRITY OF YOUR DATA, COMPUTERS, NETWORKS AND SYSTEMS (INCLUDING WITH RESPECT TO PROTECTING AGAINST VIRUSES AND MALWARE).
7. HEALTH SAFETY WARNING REGARDING VIRTUAL REALITY. TO REDUCE THE RISK OF PERSONAL INJURY, DISCOMFORT OR PROPERTY DAMAGE, BEFORE USING THE SOFTWARE, PLEASE ENSURE THAT ALL USERS OF THE SOFTWARE CAREFULLY (A) READ THE WARNING BELOW AND (B) READ AND FOLLOW ALL WARNINGS AND SETUP AND OPERATING INSTRUCTIONS PROVIDED FOR ANY DEVICE, HEADSET OR EQUIPMENT USED WITH THE SOFTWARE.
WARNING: You should only use a device, headset or other equipment authorized for use with the Software. You may experience epileptic seizures, blackouts, motion sickness, nausea, disorientation, altered vision or other symptoms while viewing content. If you do, IMMEDIATELY DISCONTINUE USE of the device, headset or other equipment. If you or any family member has had an epileptic condition, seizures, binocular vision abnormalities, psychiatric disorders or other serious medical conditions, or you are pregnant or elderly, you should refrain from using the Software.
8. TERM AND TERMINATION. The license granted under this Agreement is effective until terminated by You or Splunk. Your rights under this license will terminate automatically without notice from Splunk if You fail to comply with any term(s) of this Agreement. The license granted under this Agreement will automatically terminate upon termination or expiration of the license granted to You for the applicable Splunk Products. Upon termination, You shall cease all use of the Software, and destroy all copies, full or partial, of the Software.
9. EXPORT. You will comply fully with all relevant export laws and regulations of the United States and any other country ("Export Laws") where You use the Software. You certify that You are not on any of the relevant U.S. Government lists of prohibited or restricted parties, including but not limited to the Treasury Department's List of Specially Designated Nationals, and the Commerce Department's List of Denied Persons or Entity List. You further certify that You shall not export, re-export, ship, transfer or otherwise use the Software in any country subject to an embargo, designated by the U.S. Government as a “terrorist supporting” country, or other sanction by the United States and that You shall not use the Software for any purpose prohibited by the Export Laws, including, but not limited to, nuclear, chemical, missile or biological weapons related end uses.
10. GOVERNMENT END USER RIGHTS. You acknowledge that the Software was developed entirely at private expense and that no part of the Software was first produced in the performance of a U.S. Government contract. You agree that the Software and any derivatives thereof are "Commercial Items" as defined in 48 C.F.R. § 2.101, and if You are a U.S. Government agency or instrumentality or if You are providing all or any part of the Software or any derivatives thereof to the U.S. Government, such use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and data, is restricted in accordance with 48 C.F.R. § 12.211, 48 C.F.R. § 12.212, 48 C.F.R. § 227.7102-2, and 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.211, 48 C.F.R. § 12.212, 48 C.F.R. § 227.7102-1 through 48 C.F.R. § 227.7102-3, and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable, the Software is licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other users pursuant to this Agreement and any related agreement(s), as applicable. Accordingly, You will have no rights in the Software except as expressly agreed to in writing by You and Splunk.
11. CHOICE OF LAW AND DISPUTES. (i) For other than the U.S. Government as a party, this Agreement shall be governed by and construed in accordance with the laws of the State of California, U.S.A., as if performed wholly within the state and without giving effect to the principles of conflict of law rules of any jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (UNCITRAL) and the Uniform Computer Information Transactions Act (UCITA), regardless of when or where adopted, shall not apply to this Agreement. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in San Francisco, California, U.S.A., and the parties hereby consent to personal jurisdiction and venue therein (except that Splunk may seek injunctive relief to prevent improper or unauthorized use or disclosure of any of its proprietary or confidential information in any court of competent jurisdiction). If a dispute arises between You and Splunk, and either You or Splunk files suit in any court of competent jurisdiction to enforce rights under this Agreement, then the prevailing party shall be entitled to recover from the other party all costs of such action or suit, including, but not limited to, investigative costs, court costs and reasonable attorneys' fees (including expenses incurred to collect those expenses). (ii) If a dispute arises between You and Splunk that is related to a U.S. Government customer, this Agreement shall be governed by and interpreted in accordance with the Contract Disputes Act of 1978, as amended (41 U.S.C. §§ 7101-7109). Failure of the parties to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this Agreement shall be a dispute to be resolved in accordance with the clause at 48 C.F.R § 52.233-1, which is incorporated in this Agreement by reference.
12. GENERAL. Unless otherwise provided herein, all rights and remedies, whether conferred hereunder or by any other instrument or law, will be cumulative and may be exercised singularly or concurrently. The failure by either party to enforce any provisions of this Agreement will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions. The terms and conditions stated herein are declared to be severable. If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. You may not assign, delegate or transfer this Agreement, in whole or in part, by agreement, operation of law or otherwise. Splunk may assign this Agreement in whole or in part to (i) an Affiliate, upon written notice to You (such notice to be delivered electronically or otherwise) or (ii) in connection with an internal reorganization or in connection with a merger, acquisition, or sale of all or substantially all of Splunk's assets. Any attempt to assign this Agreement other than as permitted herein will be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties' permitted successors and assigns. This Agreement constitutes the complete and exclusive understanding and agreement between the parties relating to Your use of the Software and supersedes any and all prior or contemporaneous agreements, communications and understandings, written or oral, relating to the Software. This Agreement does not modify or alter the terms of the agreement delivered with the applicable Splunk Product.
13. MODIFICATION. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and agreed to by You and a duly authorized representative of Splunk. Notwithstanding the foregoing, Splunk may modify the terms and conditions set forth in this Agreement from time to time. Unless Spunk indicates otherwise, such modifications will be effective as of the date they are posted. You should therefore review these terms and conditions regularly. Splunk may provide notice, in accordance with the provisions of Section 14 of this Agreement, of material modifications.
14. NOTICES. Splunk may provide You with notices, including, but not limited to, notifications generated in connection with the Splunk Product and/or the Software, service announcements and notices regarding changes to the terms and conditions set forth in this Agreement, by, but not limited to, email, text message or SMS, MMS, push notification or in-app message, or other reasonable means now known or hereafter developed. You consent to receiving the foregoing notices by any and all of the foregoing means, except to the extent that You have opted otherwise on Your Device. All notices required of or permitted from You under this Agreement will be in writing and delivered in person, by overnight delivery service, or by registered or certified mail, postage prepaid with return receipt requested, and in each instance will be deemed given upon receipt.
15. SUPPORT. The support team will provide support to the End User in accordance with the following guidelines: https://dev.splunk.com/enterprise/docs/releaseapps/splunkbase/appsupporttypes/ For support of this app, please reach out to https://support.splunk.com or email us at splunk-vr@splunk.com.
Version: Steam October 22, 2020