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Text Content

You are connecting to a non-production environment intended for demonstration
purposes only. By proceeding, you are consenting to the Terms and Conditions of
the Lenovo XClarity One Demonstration Program.


LENOVO XCLARITY ONE DEMO CUSTOMER ENVIRONMENT
TERMS OF USE (THE "TERMS")

×


LENOVO XCLARITY ONE DEMO CUSTOMER ENVIRONMENT
TERMS OF USE (THE "TERMS")

Version Release: Alpha

Published: August 10, 2023

BY USING THE LENOVO XCLARITY ONE DEMO CUSTOMER ENVIRONMENT, YOU AGREE (A) TO THE
FOLLOWING TERMS OF USE (THE "TERMS"), (B) THAT YOU HAVE READ THE TERMS, (C) THAT
IF YOU ARE ACCEPTING THE TERMS ON BEHALF OF ANOTHER ENTITY (E.G., YOUR
EMPLOYER), YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY
TO THE TERMS.

Lenovo XClarity One is a hybrid cloud-based unified Management-as-a-Service
platform powered by AIOps and proactive support through an intuitive role-based
interface. The platform is intended to support digital transformation efforts
and help customers to manage their devices. The XClarity One platform will be
installed onto a demonstration customer environment that will provide a virtual
lab, including virtual machines, management hubs, and test equipment, visible to
Users. The Lenovo XClarity One platform and the Demo Customer Environment are
collectively referred to herein as "the Portal".

GRANT OF LICENSE: Lenovo together with its affiliates ("Lenovo"), the owner of
the Portal, grants to you a non-transferable, non-exclusive license to use the
Portal solely for experimental testing within your enterprise and providing
development feedback to Lenovo.

You may not reverse assemble, reverse compile, otherwise translate the Portal or
any aspect thereof, except as may be permitted by law without the possibility of
contractual waiver. In addition, unless otherwise specified, you may not rent,
lease, sublicense, assign or distribute the Portal to any third party.

You grant Lenovo a worldwide, non-exclusive, fully paid-up, royalty-free,
perpetual, and irrevocable license to use, reproduce, license, sublicense,
improve, distribute, sell, and/or otherwise commercialize any information and/or
feedback you may provide to Lenovo in reference to the Portal or these Terms.
Feedback may be submitted to epitcher@lenovo.com. Other methods of providing
feedback may be made available in the future.

TERM AND TERMINATION: The Terms remain in effect until terminated by either
party or Lenovo ceases to provide the Portal. Unless Lenovo notifies you of an
earlier date, your license to the Portal terminates upon termination of the
Terms. Upon termination, Lenovo will terminate your access to the Portal. You
may terminate your license to the Portal at any time by discontinuing use and
notifying Lenovo, via email to epitcher@lenovo.com, of the termination. Upon
receipt of notice of termination, Lenovo will terminate your license and access
to the Portal. Lenovo may terminate your license and/or access to the Portal if
you fail to comply with the Terms. Upon termination of your license, Lenovo may
continue to use or may securely destroy any of your data contained in the
Portal.

DISCLAIMER OF WARRANTY: The Portal contains certain pre-release elements and/or
may be modified substantially before provided for general availability. The
Portal cannot be upgraded to a future release of any associated potential
product that may be developed. The Portal may not be at the level of performance
or compatibility of generally available Lenovo products or services, and may not
be used for productive purposes. In addition, Lenovo does not guarantee the
Portal will ever be made available.

THE PORTAL IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THIS PORTAL AND ASSOCIATED DOCUMENTATION REMAINS WITH YOU. TO THE
FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, IN NO EVENT WILL LENOVO BE LIABLE
FOR ANY THIRD-PARTY CLAIMS FOR DAMAGES, LOST PROFITS, LOST SAVINGS, INCIDENTAL
OR INDIRECT DAMAGES, LOSS OF, OR DAMAGE TO, DATA, OR OTHER ECONOMIC
CONSEQUENTIAL DAMAGES, EVEN IF LENOVO OR ITS AUTHORIZED SUPPLER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, LENOVO AND ITS SUPPLIERS WILL
NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM.

CONFIDENTIAL INFORMATION: The Portal, any information and/or feedback that you
provide to Lenovo under the Terms, and any information provided to you by Lenovo
with regard to the Portal, including, but not limited to, trends and strategies,
shall be considered Lenovo Confidential Information. You agree to use the same
care and discretion to avoid disclosure of such Lenovo Confidential Information
as you use with your own confidential information which you do not wish to
disclose, but in no event shall such degree of care be less than reasonable
care. Your obligation to safeguard and maintain the confidentiality of Lenovo
Confidential information provided in association with the Terms shall continue
for a period of two (2) years from the date of termination of the Terms or until
the Portal is made generally available, whichever occurs sooner. You agree not
to disclose to Lenovo any information that is considered confidential or
proprietary to you or any third party.

Nothing in the Terms shall prohibit or limit your use of information (including,
but not limited to, ideas, concepts, know-how, techniques, and methodologies)
(i) previously known to you, (ii) independently developed by you, (iii) acquired
by you from a third party which is not, to your knowledge, under an obligation
to Lenovo not to disclose such information, or (iv) which is or becomes publicly
available through no breach by you of the Terms.

LENOVO’S RESPONSIBILITIES:

Lenovo will:
 * Provide the Portal to you for your use in accordance with the Terms at no
   charge until termination of the Terms;
 * Provide you with documentation regarding the Portal;
 * Participate with you in progress review meetings/conference calls to be held
   as agreed to by both you and Lenovo;
 * Upon request sent to epitcher@lenovo.com, provide limited technical support
   while the Terms are in effect.

YOUR RESPONSIBILITIES:

You understand that using experimental, alpha, beta, and other early pre-release
software means you may experience occasional crashes and data loss. Accordingly,
you shall not use with, or upload to, the Portal any data or devices that are
part of your production environment. You also acknowledge that the Portal runs
only in a test environment.

You agree to:

 * Test the Portal;
 * Use only dummy data and demonstration/test devices that will not impact your
   business operations in the event the Portal experiences a loss of data;
 * Participate in progress review meetings, which may be held via conference
   calls, to analyze and comment on the Portal;
 * At Lenovo’s request, share to others your experiences with respect to the
   Portal.



Data Collection & Use by Lenovo. The Portal will make available to Lenovo the
data you upload to the Portal (including personal data in your User Profile as
well as information about your usage of the Portal (including device-specific
data of devices you use to test the Portal). Lenovo will use this information to
improve the Portal, to provide troubleshooting and product support, and as
further set forth in the Lenovo Product and Website Privacy Statements available
at www.lenovo.com/privacy.

GOVERNING LAW:The Terms are governed by the laws of the State of New York if you
use the Portal in the United States. In the event Lenovo grants you permission
to use the Portal outside the United States, the Terms will be governed by the
applicable laws of the country or territory in which the Portal is being used.
You agree to comply with all applicable laws regarding export and re-export of
data.

I agree

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