Addendum to VMware’s End User License Agreement

Licensed Product
VMware vSphere 5.x, 6.x, 7.x and 8.x Custom Image

< IMPORTANT >
The Licensed Product above contains certain portions designed for the hardware systems product of Hitachi, Ltd. (hereinafter referred to as “Hitachi”). BEFORE YOU DOWNLOAD LICENSED PRODUCT, CAREFULLY READ THE TERMS AND CONDITIONS BELOW.

By downloading, installing, copying or otherwise using the Licensed Product (“Product”) above, you are consenting to be bound by and are becoming a party to this Addendum to VMware’s End User License Agreement ("Agreement"). If you do not agree to any of the terms of this Addendum and Agreement, then do not download, install and copy or use the Product.

1. Except as expressly provided in this Addendum, all terms and conditions of Agreement of VMware, Inc. (hereinafter referred to as “VMware”) for the Product shall apply to your use of the Product.

2. You may install and use the Product only on VMware-certified Hitachi Server Products(hereinafter referred to as “Certified Systems” - Please refer to the VMware’s “Compatibility Guide” for more information as to the Certified Systems). You may not use the Product on any computer systems other than the Certified Systems.

3. THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE WARRANTY FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HITACHI DISCLAIMS ALL WARRANTIES FOR THE PRODUCT. YOU SHALL BEAR THE ENTIRE LIABILITY AND COST FOR ANY PROBLEM OR TROUBLE RELATING TO THE PRODUCT.

4. IN NO EVENT SHALL HITACHI BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OR LOSS OF PROFIT, OR DAMAGES BASED ON ANY THIRD PARTY CLAIM, EVEN IF HITACHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HITACHI SHALL NOT BE LIABLE FOR THE FITNESS FOR YOUR PURPOSE AND THE USE OR THE RESULT OF USE OF THE PRODUCT. HITACHI SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR THE PRODUCT ALTERED, MODIFIED, OR CONVERTED BY YOU OR A THIRD PARTY, DAMAGES RESULTING FROM ACCIDENT, ABUSE, OR MISAPPLICATION OR FOR PROBLEMS DUE TO THE MALFUNCTION OF YOUR EQUIPMENT OR SOFTWARE.

5. This Addendum shall be governed by the laws of Japan. In the event any dispute arises in connection with this Addendum, such dispute will be resolved by the District Court of Tokyo.