Dell Technologies Demonstration Center Supplemental Terms
Effective Date: December 10, 2019
These Supplemental Terms supplement the Dell EMC Cloud Services Terms of Service (“Terms”) that govern the Services described below.
1. General
By installing, accessing or otherwise using the Demo Center, Customer agrees to the Terms and these Supplemental Terms. If you are accessing the Demo Center on behalf of your employer or another party (“You”), You represents that: (1) You have authority to bind Customer to the Terms; (ii) You agree on behalf of Customer that the Terms govern the relationship of the parties with regard to the use of the Demo Center; and (ii) You waive on behalf of Customer any rights, to the maximum extent permitted by applicable law, to a claim anywhere in the world concerning the enforceability or validity of the Terms. If one or more of these representations are not true, You must not accept the Terms or install, access or otherwise use the Demo Center. This Agreement will not become binding until Dell EMC sends notice to Customer or its End User that Dell EMC accepts Customer’s registration form. That notice will be sent to the email address and contact provided in the registration form. The date that Dell EMC sends the notice is the Agreement’s “Effective Date”.
2. Service Description
Dell Technologies Demonstration Center (“Demo Center”) is a highly scalable, multi-cloud based service that provides 24/7 self-service access to virtual labs, hardware labs and interactive product simulations.
3. Service Period
Customer’s Service Period for the Demo Center will be in accordance with Dell EMC policies, which may be revised from time to time.
4. Definitions
"Dell EMC Assistance" means any services or help that Dell EMC provides to Customer in connection with using the Demo Center which are not governed by a separate agreement.
"Dell EMC Confidential Information” means the Simulator Software, Dell EMC Products, Dell EMC Product documentation, support databases, FAQs, screen shots taken of any Simulator Software, and other information provided to Customer in connection with use of the Demo Center that is marked confidential.
“Dell EMC Products” means hardware and software products made generally available by Dell EMC and any pre-release products that Dell EMC may make available within the Demo Center.
“Simulator Software” means virtualized versions of Dell EMC Products and versions of Dell EMC Products running in a virtualized environment and Related Software.
5. Access to Demo Center and Demo Center Operation
5.1 Right to Use Demo Center and Dell EMC Confidential Information. Subject to Customer’s compliance with this Agreement, Dell EMC grants to Customer during the term of this Agreement a personal, non-exclusive, non-transferable and non-sublicensable license to use the Demo Center and the Dell EMC Confidential Information, and to receive Dell EMC Assistance, solely for the purpose of demonstrating and evaluating Simulator Software. Customer may create screen shots while using the Simulator Software and send those screen shots to Customer’s email address outside of the Demo Center; however, use of those screen shots are subject to the terms of this Agreement even after this Agreement terminates or expires. Customer’s use of the Simulator Software is time-bound, and simulations will expire automatically. This Agreement also applies to any enhancements or new features added to the Demo Center and new Dell EMC Confidential Information added to the Demo Center during the term of the Agreement.
5.2 Restrictions on Use. Customer agrees to use of the Demo Center only as allowed by the Terms and section 5.1. Customer must not, and must not assist anyone else, to:
(a) modify, enhance, improve, supplement, create derivative works from, reverse assemble, reverse engineer, reverse compile or otherwise reduce to human readable form Simulator Software or Dell EMC Products provided through the Demo Center, or otherwise attempt to discover the source code of Simulator Software or Dell EMC Products;
(b) use Dell EMC Confidential Information to create, or to use, any program or service that circumvents any encryption, rights management, or access control in Simulator Software or Dell EMC Products;
(c) use Dell EMC Confidential Information to benchmark Dell EMC Products without Dell EMC’s written consent, or disclose the results of any permitted bench marking unless Dell EMC agrees to the disclosure;
(d) use Dell EMC Confidential Information to create any product that competes with Dell EMC Products;
(e) develop or use any program or service that interferes with the operation of Dell EMC Products;
(f) copy, provide, disclose or otherwise make available Dell EMC Confidential Information in any form to anyone, other than persons who: (i) have signed an agreement with Customer containing confidentiality provisions substantially similar to those in this Agreement; and (ii)agree to use the Demo Center and Dell EMC Confidential Information consistent with this Agreement;
(g) create screen shots of anything within the Demo Center other than Simulator Software, as allowed in section 5.1 above;
(h) use Dell EMC Confidential Information to create or develop a toolkit;
(i) expose any Dell EMC API in any Customer product or service; or
(j) upload content into the Demo Center.
5.3 Customer Obligations. Customer is responsible to Dell EMC for the compliance of anyone to whom they provide access. Customer agrees to comply with all applicable laws in connection with use of the Demo Center. Customer must provide accurate and complete information to Dell EMC pertaining to use of the Demo Center and agrees to update that information as necessary to keep it accurate and complete during the term of this Agreement. Dell EMC will provide Customer with unique credentials with which Customer may access the Demo Center. Customer may provide a session URL to the environment to Customer’s customers to allow such customers to view a demonstration. Customer must secure the session URL and ensure that it is used in accordance with this Agreement. Customer is liable for all activity conducted with the assigned session URL. Customer agrees to notify Dell EMC if Customer knows of or suspects any unauthorized use of the Demo Center using any session URL provided by Dell EMC. In addition to Dell EMC’s other rights and remedies at law or in equity, Dell EMC may revoke or suspend Customer’s credentials if Dell EMC becomes aware that the session URL is or has been improperly used.
5.4 Operation of the Demo Center. Dell EMC may collect Customer’s personal information in connection with use of the Demo Center. For further information, please see Dell EMC’s Privacy Statement available at //www.dell.com/Privacy. Dell EMC reserves the right to limit the use of the Demo Center. Dell EMC reserves the right to monitor, record, access, intercept, review, copy, delete, and disclose, in its sole discretion and without further notice, Customer’s activities and communications while using the Demo Center. Customer explicitly consents to such rights and activities by Dell EMC, agrees to cooperate with Dell EMC should it exercise its rights, and consent to the uses, processing, disclosures, and transfers of Customer’s personal information by Customer’s access to or use of the Demo Center.
5.5 Demo Center Maintenance. Dell EMC will use reasonable efforts to maintain the Demo Center, but Dell EMC does not guaranty that the Demo Center will be available at all times or perform correctly. The Demo Center may be unavailable for extended periods of time. Dell EMC will use reasonable efforts to notify all Customers of scheduled downtime. Dell EMC and its suppliers have no liability to Customer or any other person for damages, including without limitation lost revenue or lost or unavailable data, resulting from Customer’s use of the Demo Center.
5.6 Feedback. Customer may demonstrate and evaluate the Simulator Software and Dell EMC Products made available in the Demo Center. Dell EMC owns all information that is accessed, created, sent or received by the Demo Center and the Simulator Software, including Customer reports to Dell EMC of any flaws, malfunctions, bugs, or other problems with the Demo Center, Simulator Software, Dell EMC Products, and any other information or suggestions regarding the Demo Center (collectively, the “Feedback”).Feedback belongs to Dell EMC and is not Customer’s confidential information. Customer hereby assigns to Dell EMC, under Customer’s intellectual property rights and other ownership rights, all rights to the Feedback. Dell EMC will not have any obligation to account to Customer for royalties Dell EMC may receive directly or indirectly on account of the Feedback.
5.7 Links to Other Sites. The Demo Center may contain links to other websites. Those other websites are governed by their own terms of use, and not this Agreement. Dell EMC is not responsible for the content on websites that belong to third parties, or Customer’s use of those websites.
6. Term and Termination
6.1 Term and Termination for Convenience. The Agreement begins on the Effective Date and remains in effect until terminated in accordance with this section 6. Dell EMC may terminate Customer’s access to the Demo Center and this Agreement at any time in its discretion. This Agreement and Customer’s access to the Demo Center automatically terminates if Customer’s employment with Dell EMC or the Dell EMC partner through whom Customer gained access rights terminates.
6.2 Effects of Termination. Upon termination of this Agreement, all rights granted to Customer immediately terminate, and Customer must cease use of the Demo Center and the Dell EMC Confidential Information. Customer must destroy or return to Dell EMC any screen shots of Simulator Software taken prior to termination. Upon request, Customer will certify under penalty of perjury that it has done so. The provisions of this Agreement that, by their nature, should survive, will survive termination or expiration of the Agreement.
7. Miscellaneous Terms
7.1 Notices. Any notices required or permitted by this Agreement will be in writing and delivered to Customer at the email address stated on the registration form, and for Dell EMC, to support@democenter.dell.com with a copy to the Dell EMC Legal Department at Dell_Legal_Notices@dell.com. Notices by email are deemed given on the date sent with verification of transmission.
