|
4.1 Ownership of Service Offering. We and our licensors own and retain all right, title and interest
<br />in and to the Service Offering and any related VMware Software, including all improvements,
<br />enhancements, modifications and derivative works thereof, and all Intellectual Property Rights
<br />therein. This includes any information that we collect and analyze in connection with the Service
<br />Offering, such as usage patterns, user feedback and other information to improve and evolve our
<br />software products and services offerings. Your rights to use the Service Offering are limited to those
<br />expressly granted in this Agreement. No other rights with respect to the Service Offering, any related
<br />VMware Software, or any related Intellectual Property Rights are implied.
<br />4.2 Ownership of Your Content.You and your authorized users retain all right, title and interestin
<br />and to Your Content and all Intellectual Property Rights therein. Our rights to access and use Your
<br />Content are limited to those expressly granted in this Agreement. No other rights with respectto
<br />Your Content or any related Intellectual Property Rights are implied.
<br />4.3. Feedback.We will be free to use for any purpose any feedback (such as comments or
<br />suggestions) that you provide to us regarding the Service Offering. You hereby grant to us a non-
<br />exclusive, perpetual, irrevocable, royalty -free, transferable, worldwide right and license, with the right
<br />to sublicense, to use, reproduce, perform, display, disclose, distribute, modify, prepare derivative
<br />works of and otherwise exploit the feedback without restriction in any manner now known or in the
<br />future conceived and to make, use, sell, offer to sell, import and export any product or service that
<br />incorporates the feedback.
<br />5. Order, Delivery, Payment, and Taxes.
<br />5.1 General ly.Sections 5.3 (Direct Orders), 5.4 (Delivery), 5.5 (Invoicing and Payment Terms) and
<br />5.6 (Taxes) apply only to orders you place directly with, and the Service Offering you purchase
<br />directly from, VMware. When ordering through, or purchasing the Service Offering from, aVMware
<br />authorized reseller, the authorized reseller might specify similarterms.
<br />5.2 Orders.All Orders issued to VMware are subject to the terms of this Agreement and are not
<br />binding until accepted by VMware. We are not required to provide any Service Offering to you until
<br />you provide all information we require for processing your Order.
<br />5.3 Direct Orders.For orders placed directly with VMware, you must issue a purchase orderto
<br />VMware for the initial Service Offering order, but a purchase order is not required for the monthly
<br />billings that occur after the initial Order billing. For subsequent billings, all fees (including
<br />subscription renewals, metered usage components, and other add-ons) will be paid in accordance
<br />with this Agreement. Your Order will be deemed accepted when we authorize the purchased Service
<br />Offering for your Login Credentials.
<br />5.4 Delivery.When VMware accepts your Order for the Service Offering, we will deliverthe
<br />corresponding Login Credentials to you by email to the address associated with your account. If
<br />VMware ships a physical object in connection with an add -on feature of the Service Offering,
<br />shipping and delivery terms are Ex Works VMware's regional fulfillment facility (INCOTERMS2010).
<br />5.5 Invoicing and Payment Terms. You will pay all fees for use of the Service Offering in the
<br />amount and currency specified in your invoice, within 30 days after the date of the invoice, and
<br />regardless of your usage level during a billing period. You will also be responsible for all additional
<br />fees for any subscription renewals and metered usage components consumed, and other
<br />subscriptions, features, products, services or add-ons that you purchase within the Service Offering.
<br />You will be billed in advance for the monthly or prepaid charges due to the subscription services
<br />purchased. Any metered usage components and any initial monthly fees will be billed in arrears. The
<br />applicable fees for subscriptions (including renewals), features and other available products and
<br />
|