Not withstanding any contrary terms contained in the applicable product EULA with regard to valid VMware U.S. Federal Government Software and Services SKUs and excluding certain Software products recently acquired by VMware through mergers and acquisitions activity to, the following additional warranty terms shall apply:
VMware warrants as follows:
To customers who have purchased the VMware Software and/or Services through an applicable VMware U.S. Federal Government SKU: As of the date of purchase of said goods and services (a) the Software designated by VMware at www.vmware.com/help/accessibility.html (or a VMware successor site) is, to VMware’s knowledge, compliant with Section 508 of the Rehabilitation Act (29 USC 794d) as amended by the Workforce Investment Act of 1998, except where VMware has otherwise identified in its published Voluntary Product Accessibility Template (VPAT), posted at the aforementioned site; and (b) VMware will make available a U.S. Person on U.S. soil to provide technical support as a part of the Services.
If the eligible Software and/or Services purchased through an applicable VMware U.S. Federal Government SKU do not substantially conform to the aforementioned warranties, your sole remedy will be that VMware shall, at its option, publish a VPAT for Software that may be non-compliant with Section 508 (in the case of non-conformity to the aforementioned Section (a)), make a U.S. Person on U.S. soil available to provide technical support (in the case of non-conformity to the aforementioned Section (b)) or refund the license or service fees you paid, if any, provided that (a) such Software has been properly installed and used at all times and in accordance with the instructions in the applicable end user documentation; (b) no modification, alteration or addition has been made to such Software product by persons other than VMware or VMware’s authorized representative; and (c) VMware receives prompt written notice of the non-conformity following delivery (in the case of Software) and/or following commencement of the Services (in the case of Services). EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THE APPLICABLE PRODUCT EULA AND AS SPECIFIED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, VMWARE AND ITS LICENSORS PROVIDE SUCH SOFTWARE AND/OR SERVICES WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION WITH YOU.