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13.1 Assignment.You may not assign or transfer this Agreement, in whole or in part, by operation of
<br />law or otherwise, without our prior written consent. Any attempted assignment or transfer without
<br />that consent will be void. Subject to these limits, this Agreement will bind and inure to the benefitof
<br />the parties and their respective successors and assigns.
<br />13.2 Notices. Any notice delivered by us to you under this Agreement will be delivered by email to
<br />the email address associated with your account or by posting on either the Service Offering Portal or
<br />the My VMware Portal, except as otherwise set forth in this Agreement. Please direct legal notices or
<br />other correspondence to VMware, Inc., 3401 Hillview Avenue, Palo Alto, California 94304, United
<br />States of America, Attention: Legal Department.
<br />13.3 Modifications.We may change periodically the Service Offering, the terms of your access to
<br />the Service Offering, this Agreement, the Service Description, the Privacy Addendum, the Third
<br />Party Terms, the Service Level Agreement, or the Support Policy. It is your responsibility to regularly
<br />check the Service Offering console and the My VMware portal for updates. We will notify you of any
<br />material, detrimental change to this Agreement, the Service Description, the Privacy Addendum, the
<br />Service Level Agreement, or the Support Policy. The modified Agreement, Service Description,
<br />Privacy Addendum, Service Level Agreement, or Support Policy, as applicable, will become effective
<br />as of the date stated in that notification. If we make a material, detrimental change to the Service
<br />Offering (other than the termination or modification of any beta feature or functionality), this
<br />Agreement, the Service Description, the Privacy Addendum, the Service Level Agreement, orthe
<br />Support Policy, then you may terminate this Agreement within 30 days of the change to the Service
<br />Offering or within 30 days of the notification. In that event, the termination will be effective as of the
<br />date we receive your notification, unless you state an effective date in your notification that iswithin
<br />45 days after we receive your notification. In the event of that termination, we will refund any prepaid
<br />fees, pro -rated for the remainder of your Subscription Term, and less any discounts that would then
<br />not be earned. Your continued use of the Service Offering after the effective date of any modification
<br />to the Agreement, the Service Description, the Privacy Addendum, the Third Party Terms, the
<br />Service Level Agreement, or the Support Policy will be deemed acceptance of the modified terms, as
<br />applicable.
<br />13.4 Waiver. The waiver of a breach of any provision of this Agreement will not constitute awaiver
<br />of any other provision or any later breach.
<br />13.5 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the
<br />provision will be enforced to the maximum extent permissible so as to effect the intent of the parties,
<br />and the remaining provisions of this Agreement will remain in force.
<br />13.6 Compliance with Laws; Export Control. Each party will comply with all laws applicable tothe
<br />actions contemplated by this Agreement. You acknowledge that the Service Offering is of United
<br />States origin, is provided subject to the U.S. Export Administration Regulations (including "deemed
<br />export" and "deemed re-export' regulations), and may be subject to the export control laws of the
<br />applicable territory. You represent and warrant that (a) you are not, and are not acting on behalf of,
<br />(1) any person who is a citizen, national, or resident of, or who is controlled by the government of
<br />any country to which the United States has prohibited export transactions; or (2) any person orentity
<br />listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons,
<br />or the U.S. Commerce Department Denied Persons List or Entity List; (b) you will not permitthe
<br />Service Offering to be used for any purposes prohibited by law, including any prohibited
<br />development, design, manufacture or production of missiles or nuclear, chemical or biological
<br />weapons; (c) Your Content will not be classified or listed on the United States Munitions list, contain
<br />defense articles, defense services or contain ITAR-related data; (d) Your Content will not require an
<br />export license and is not restricted from export to any VMware global resource or personnel under
<br />applicable export control laws; and (e) you are not subject, either directly or indirectly, to anyorder
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