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Apply for CenterStage Essentials Beta Early Access

To apply for participation in the CenterStage Essentials Beta Early Access Project, please fill in the form below and accept the agreements mentioned below.

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Name of the EMC Application	CenterStage Essentials
Term of the Project	90 days
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Early Access Agreement Early Access Agreement IMPORTANT – PLEASE READ CAREFULLY. This Early Access Agreement (the “Agreement”) is a legal agreement between EMC Corporation and the party identified on the Registration Form below (the “Licensee”) for the product(s) identified on the Registration Form (the “Product”). By clicking on the “Agree” button set forth below, or installing or using the Product, you are representing to EMC that (i) you are authorized to bind the Licensee, (ii) the information you have inserted in the Registration Form is correct, and (iii) you are agreeing on behalf of the Licensee that the terms of this Agreement shall govern the relationship of the parties with regard to the subject matter in this Agreement. If you do not have authority to agree to the terms of this Agreement, or do not accept the terms of this Agreement, click on the “Cancel” button and the registration, download and/or installation process will not continue. In such event, no access or authorization to use the applicable Product is granted by EMC. EMC Corporation ("EMC"), with a principal place of business at 176 South Street, Hopkinton, MA 01748-9103 and Licensee enter into this Early Access Agreement (the “Agreement”) as of the date on which Licensee clicks on the “Agree” button described above (the “Effective Date”). This Agreement sets forth the terms and conditions under which Licensee shall use and test the Product if EMC notifies Licensee of EMC’s approval of Licensee’s participation in this Program for the applicable Product. NOW, THEREFORE, in consideration of the premises and obligations contained herein, it is agreed as follows: 1.0 DEFINITIONS 1.1 “Confidential Information” shall mean any and all information or materials provided by one party to the other which are in tangible form and labeled “confidential” or the like, or, if disclosed orally, are identified as being confidential at the time of disclosure, but shall not include information or materials that (i) were, on the Effective Date of this Agreement, generally known to the public; or (ii) become generally known to the public after the Effective Date other than as a result of the act or omission of the receiving party; or (iii) were rightfully known to the receiving party prior to that party receiving same from the disclosing party; or (iv) are or were disclosed by the disclosing party to a third party generally without restriction on disclosure; or (v) the receiving party lawfully received from a third party without that third party’s breach of agreement or obligation of trust; or (vi) are independently developed by the receiving party. 1.2 “EMC Services” shall mean any service performed by EMC which is not specifically governed by a separate agreement. 1.3 “Pre-Release Product(s)” shall mean any Product(s) that has not been issued for general availability, and may be identified as such on the applicable Registration Form (indicating that such has yet to undergo final testing and qualification by EMC and may not have been issued for general availability). 1.4 “Product(s)” shall mean the item identified as such on the applicable Registration Form, services provided by EMC in connection therewith, and includes Pre-Release Products. 1.5 “Term” shall mean the period that commences when Licensee clicks on the “Agree” button, and, unless otherwise terminated sooner, remains in effect for the testing period stated on the applicable Registration Form and any extension thereof. 2.0 PRODUCT TEST PURPOSE AND PROCEDURES 2.1 Purpose - Product tests are conducted to analyze the functionality, performance, compatibility and reliability of the Product(s). All tests are conducted jointly between EMC and Licensee and may require frequent interaction between EMC personnel and a technical representative at Licensee’s testing location. Licensee acknowledges the experimental nature of Pre-Release Product(s). Licensee shall not use Product(s) for any other purpose except as expressly stated herein. 2.2 Commencement of Test – If EMC approves Licensee’s Registration Form, EMC shall (i) notify Licensee; (ii) deliver or make available the Product(s) to Licensee in the manner set forth in Section 4.0 below; and (iii) provide product test guidelines (PTG). The PTG will contain specific information regarding Product test dynamics including but not limited to objectives, hardware and/or software requirements, installation procedures, test operations, test data and reporting requirements, and deliverables. Licensee shall review the PTG and provide changes and/or recommendations, if necessary, based on knowledge of Licensee’s resources, operating environment and schedules. 2.3 Test Timeline - Upon finalization of the PTG, a technical representative from Licensee’s test location shall create a test timeline based on a mutually agreed period for conducting the time-critical Product test(s). An EMC representative may assist the Licensee in creating this timeline. 2.4 Test Suspension - Licensee has the right to temporarily suspend the Product tests should the Product(s) create conditions that negatively impact Licensee's test environment, and shall promptly notify EMC thereof. If it is necessary to de-install the Product(s) in order to correct the problem, Licensee or an EMC representative will be authorized to perform the un-install depending on the terms stated on the Registration Form. 2.5 Reporting - In order to determine and/or confirm performance capabilities of the Product(s) in Licensee's specific hardware and software environment, Licensee shall provide EMC with data concerning use of the Product(s) including but not limited to (i) data relating to the use of the Product(s) as compared to the use of Licensee's normal day to day system; and (ii) data resulting from tests performed, if any, according to the PTG. Data, analysis or results of any comparative, competitive, benchmarking or infringement testing of Product(s) is EMC Confidential Information. 2.6 WARNING - LICENSEE UNDERSTANDS THAT PRE-RELEASE PRODUCT(S) IS EXPERIMENTAL. LICENSEE ACKNOWLEDGES THAT IT HAS BEEN INFORMED BY EMC OF THE UNPREDICTABLE NATURE OF TESTING IN GENERAL AND AGREES THAT ALL PRODUCT TESTS SHALL BE CONDUCTED IN A NON-PRODUCTION ENVIRONMENT. EMC DISCLAIMS ANY LIABILITY WHATSOEVER FOR PRODUCT TESTS PERFORMED IN A PRODUCTION ENVIRONMENT. 2.7 Pre-Release Product(s) – EMC’s present intentions are to develop and generally release a commercial product from the Pre-Release Product(s). However, EMC does not commit, promise, or agree to finally release and/or offer for sale the Pre-Release Product(s), whether or not perfected. EMC reserves the right to unilaterally cease and abandon the Pre-Release Product(s) at any time without any obligation or liability whatsoever. Licensee shall have no obligation or commitment to license Pre-Release Product(s) whether such is subsequently perfected or not. Pre-Release Product(s) are Confidential Information under this Agreement. 3.0 LICENSE; NO TITLE GRANTED 3.1 EMC grants Licensee a personal, non-exclusive, non-transferable and non-sublicensable license to use the Product solely for the purpose of testing as specified herein during the Term. Licensee shall make no other use thereof. Licensee shall not, without EMC's prior written consent, copy, provide, disclose or otherwise make available Product(s) in any form to anyone other than Licensee's employees, consultants or independent contractors (“Personnel”) who (a) have signed an agreement with Licensee containing confidentiality provisions substantially similar to those set forth herein; and (b) shall use Product(s) solely for Licensee's internal business purposes in a manner consistent herewith. Licensee is fully responsible to EMC for the compliance of its Personnel herewith. Licensee may make one (1) copy of the Product(s) for back-up and archival purposes for use only in an emergency. 3.2 Product(s) are licensed only. No title to, or ownership of, the Product(s) is transferred to Licensee. Licensee shall reproduce and include copyright and other proprietary notices on and in any copies, including but not limited to partial, physical or electronic copies, of the Software. Neither Licensee nor any of its agents or Personnel shall modify, enhance, improve, supplement, create derivative works from, reverse assemble, reverse engineer, reverse compile or otherwise reduce to human readable form the Product(s), or assist any third party to do any of the foregoing, without EMC's prior written consent. 4.0 DELIVERY AND INSTALLATION 4.1 For Products requiring shipment of tangible media or documentation, EMC shall bear the cost of freight and risk of loss for such Product(s) until receipt by Licensee. Thereafter, Licensee shall bear any cost of freight and the risk of loss. 4.2 EMC shall, as necessary, provide Licensee with information to download and/or install and test the Product. 5.0 CONFIDENTIAL INFORMATION 5.1 In the course of dealings between EMC and Licensee, Licensee may learn or receive from EMC Confidential Information. The Product(s) and the information contained therein are considered Confidential Information. Licensee and EMC desire to establish and set forth Licensee's obligations with respect to EMC's Confidential Information. 5.2 All Confidential Information shall at all times, and throughout the world, remain the property of EMC, exclusively, and all applicable rights in patents, copyrights and trade secrets shall remain in EMC, exclusively. Licensee shall not permit any person (including but not limited to Licensee’s directors, officers, partners, agents, employees, representatives and contractors) to reproduce or copy any portion of the Confidential Information. 5.3 Licensee shall not directly or indirectly use any of the Confidential Information for any other purpose, except for those purposes expressly stated in this Agreement, or mutually agreed to in writing by the parties. 5.4 Licensee shall not disclose, or permit access to, the Confidential Information to any person except if such person (i) is an employee or contractor of Licensee and has a need to know such in order to fulfill the purpose of this Agreement; and (ii) has signed an agreement with Licensee containing confidentiality provisions substantially similar to those set forth herein. 5.5 Licensee shall not make any announcement or publication concerning any Pre-Release Product(s) without the prior written consent of EMC. 5.6 Any and all test data will be considered EMC Confidential Information. On occasion, EMC may provide prospective Licensees or business partners with information related to the testing of the Product(s), but will not identify Licensee’s name, unless explicit permission from the Licensee is obtained. Use and publication of test data is at the sole discretion and control of EMC. Prior to the disclosure of information specifically related to Licensee, EMC will obtain prior written approval from Licensee. 6.0 TERMINATION 6.1 Obligations – No more than fifteen (15) days after the end of the Term, or the longer period, if any, so specified on the Registration form, Licensee shall de-install the products, make all affected Products available to EMC for de-installation and return shipment, or allow EMC to perform such de-installation at a mutually convenient time. Upon any termination or expiration, Licensee shall promptly cease all use and return to or certify to EMC that Licensee has destroyed any Products (including copies) not otherwise returned to EMC under this paragraph. 6.2 Termination Due to Transfer of Control - EMC shall, in its sole discretion, have the right to terminate the Agreement and/or related licenses by written notice to Licensee, with such termination to be effective immediately, if Licensee merges, is acquired or otherwise undergoes a change of control, or attempts to assign any of its rights or delegate any of its obligations under this Agreement without EMC’s prior written consent, and any such assignment or delegation in violation of the foregoing shall be void. Licensee shall promptly notify EMC in the event Licensee so merges, is acquired or otherwise undergoes a change in control. 6.3 Termination for Default - Upon occurrence of any of the following acts or events, Licensee shall be in default and breach of this Agreement, and EMC shall, in addition to any other remedies, which may be available to EMC under this Agreement, in law or equity, in its sole discretion, have the right to terminate this Agreement and any or all related license(s) granted to Licensee by written notice thereto, with such termination to be effective immediately: A. Licensee fails to perform any of its material covenants, obligations or responsibilities under this Agreement; or B. Licensee makes intentional and/or malicious misrepresentations about EMC or the Product(s). 7.0 WARRANTY 7.1 EMC PROVIDES ALL PRODUCT(S) HEREUNDER ON AN “AS-IS,” “WHERE IS” BASIS, AND MAKES NO OTHER EXPRESS WARRANTIES, WRITTEN OR ORAL, AND ALL OTHER WARRANTIES ARE SPECIFICALLY EXCLUDED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE. 7.2 No representation or other affirmation of fact, including but not limited to statement regarding capacity, suitability for use or performance of Product(s), whether made by EMC employees or otherwise, shall be deemed to be a warranty for any purpose or give rise to any liability of EMC whatsoever unless contained in this Agreement. 7.3 FOR PRE-RELEASE PRODUCT(S), LICENSEE RECOGNIZES THAT SUCH ARE PROVIDED HEREUNDER IN A PRE-RELEASE VERSION AND MAY HAVE DEFECTS OR DEFICIENCIES WHICH CANNOT OR MAY NOT BE CORRECTED BY EMC. EMC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, WITH RESPECT TO PRE-RELEASE PRODUCT(S), ITS USE, OPERATION OR SUPPORT. 8.0 INTELLECTUAL PROPERTY RIGHTS 8.1 EMC and its Suppliers own and shall retain all right, title, and interest in and to: (i) the Product(s), including all copies, modifications, improvements (whether patentable or otherwise) and derivative works thereof, by whomever produced, and any associated documentation, including all intellectual property rights embodied therein; (ii) all of the service marks, trademarks, trade names or any other designations associated with the Product(s); and (iii) all copyrights, patent rights, trade secret rights, and other proprietary rights relating to the Product(s), the documentation, or the Confidential Information. Licensee shall have no rights with respect to any of the foregoing other than the rights expressly set forth in this Agreement. 9.0 LIMITATION OF LIABILITY 9.1 EMC’S AND ITS SUPPLIERS’ TOTAL LIABILITY AND LICENSEE’S SOLE AND EXCLUSIVE REMEDY FOR A CLAIM OF DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR ANY OTHER CLAIM WHATSOEVER, INCLUDING BUT NOT LIMITED TO CLAIMS BASED ON CONTRACT, WARRANTY, NEGLIGENCE OR STRICT LIABILITY IN TORT, THAT ARISES OUT OF OR IN CONNECTION WITH PRODUCT(S) OR SERVICES PROVIDED HEREUNDER, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY EMC’S SOLE NEGLIGENCE IN AN AMOUNT NOT TO EXCEED US$100,000. IN NO EVENT SHALL EMC OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES, DATA AND/OR USE) EVEN IF ADVISED OF THE POSSIBILITY THEREOF. NEITHER PARTY SHALL BRING ANY CLAIM ARISING OUT OF PRODUCT(S) OR SERVICES PROVIDED HEREUNDER MORE THAN EIGHTEEN (18) MONTHS AFTER SUCH CLAIM HAS ACCRUED. 9.2 IF LICENSEE USES PRODUCT(S) FOR ANY PURPOSE EXCEPT AS STATED HEREIN OR OTHERWISE AGREED IN WRITING, EMC SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO EQUIPMENT OR DATA, OR FINANCIAL LOSSES, RESULTING FROM SUCH USE. 9.3 EMC shall have no liability to Licensee for any action (and all prior related claims) brought by or against Licensee alleging that Licensee’s sale, use or other disposition of any Product(s) infringes any patent, copyright, trade secret or other intellectual property right. In event of such an action, EMC retains the right to terminate this Agreement and take possession of the Product(s). THIS SECTION 9.3 STATES EMC’S ENTIRE LIABILITY WITH RESPECT TO ALLEGED INFRINGEMENTS OF INTELLECTUAL PROPERTY RIGHTS BY THE PRODUCT(S) OR ANY PART OF THEM OR BY THEIR OPERATION. 10.0 GENERAL 10.1 Assignment – Licensee shall not assign any right or interest hereunder nor delegate any work or other obligation to be performed hereunder to any entity other than its corporate parent, or a division or wholly or majority owned subsidiary of the party or its corporate parent. Any such action in violation of the foregoing shall be void. 10.2 Entire Agreement - The terms contained herein constitute the entire agreement between the parties with respect to the subject matter hereof and shall supersede all prior communications and agreements, either oral, written or otherwise recorded. 10.3 Compliance with Export Control Laws – Licensee shall comply with all applicable export laws, orders and regulations and obtain all necessary governmental permits, licenses and clearances. 10.4 Governing Law - This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, excluding its conflict of law rules. The U. N. Convention on Contracts for the International Sale of Goods shall not apply. 10.5 Notices – Except for routine communications, all other notices required or permitted hereunder, including but not limited to notices of default or breach, shall be signed by an authorized representative of the sender. Such notices shall be deemed to have been received (i) when hand delivered to such individuals by a representative of the sender; (ii) three (3) days after having been sent postage prepaid, by registered or certified first class mail, return receipt requested; (iii) when sent by electronic transmission, with written confirmation by the method of transmission; or (iv) one (1) day after deposit with an overnight carrier, with written verification of delivery. 10.6 No Waiver – No omission or delay by either party in requiring the other party to fulfill its obligations hereunder shall be deemed to constitute a waiver of (i) the right to require the fulfillment of any other obligation hereunder; or (ii) any remedy that may be available hereunder. 10.7 Independent Contractors - The parties shall act as independent contractors for all purposes under this Agreement. Nothing contained herein shall be deemed to constitute either party as an agent or representative of the other party, or both parties as joint venturers or partners for any purpose. Neither party shall be responsible for the acts or omissions of the other party, and neither party will have authority to speak for, represent or obligate the other party in any way without an authenticated record indicating the prior approval of the other party. 10.8 Separability - If any provision of this Agreement shall be held illegal or unenforceable, such provision shall be deemed separable from, and shall in no way affect or impair the validity or enforceability of, the remaining provisions.
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