General Terms

Terms for All Transactions

These General Terms, including all exhibits (“Terms”) apply to the sale and/or license of Products and Services by Open Drives, Inc., a Delaware corporation, including any of its affiliates (“Open Drives”) directly to a customer acquiring Products and Services for its own use (“Customer”), either from Open Drives directly or through an authorized distributor or reseller, unless Customer has entered into a separate agreement with Open Drives governing such sale. By ordering, accepting delivery, keeping, or using Products or otherwise proceeding with any transaction with Open Drives, Customer agrees to these Terms. Open Drives and Customer may each be referred to as a “Party” or collectively, as the “Parties.”

1.  Definitions

1.1  Documentation. Open Drives supplied then current technical documentation describing the features and functions of the associated Products.

1.2. Hardware. All Open Drives-branded hardware. For the avoidance of doubt the term “Hardware” as used herein shall expressly exclude any Third Party Branded Products.

1.3. License Limitations. The license metrics and other scope limitations applicable to the License, as may be specified in any Order Documentation.

1.4. Order Documentation. The applicable Open Drives price quotation and engagement document, if required, the corresponding Purchase Order, and the associated Documentation for the Products or Services purchased or licensed hereunder.

1.5. Products. Hardware, Software, associated Documentation, and any Third Party Branded Products.

1.6. Purchase Order. A written or electronic order provided to Open Drives consistent with the corresponding price quotation for the purchase of Products and Services.

1.7. Services. Open Drives’ consulting services, typically consisting of installation and implementation of Products (“Professional Services”) and/or its generally available technical support and maintenance services programs (“Support Services”).

1.8. Software. Open Drives software in object code or interpreted code formats as applicable to the operating system, networking, drivers, firmware, management software, user interface, as well as integration with backup, recovery, disaster recovery, storage efficiency, and storage resiliency.

1.9. Third Party Branded Products. Any hardware or software that is manufactured, developed, licensed or otherwise made available by any entity other than Open Drives and is distributed or licensed by Open Drives for use in conjunction with Hardware and Software.