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VNDI TERMS OF USE:
BY CLICKING THE "I ACCEPT" BOX OF THE SERVICE AGREEMENT DISPLAYED AS PART OF THE REGISTRATION PROCESS, VISUAL NETWORK DESIGN INC. ("VNDI") AND CUSTOMER AGREE TO THE FOLLOWING TERMS OF SERVICE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS GOVERNING THE USE OF VNDI'S ON-LINE SERVICE. THE TERMS "YOU" OR "CUSTOMER" OR "CLIENT" REFER TO: (1) THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES AND USERS, OR (2) AN INDIVIDUAL, IN THE CASE OF A NON-LEGAL ENTITY, AS DEFINED IN THE REGISTRATION INFORMATION PROVIDED TO VNDI. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.
Visual Network Design, Inc. ("VNDI") provides its service to you subject to the following Terms of Service ("TOS") and VNDI's Privacy Policy for its Services. In addition, when using specific VNDI Services, you and VNDI will be subject to any governmental guidelines or rules applicable to these Services, which VNDI may communicate to you or post from time to time. These guidelines or rules and VNDI's Privacy Policy shall be deemed part of the TOS. VNDI's privacy and security policies may be viewed at www.rackwise.com. VNDI reserves the right to modify its privacy and security policies in its reasonable discretion from time to time.
VNDI provides users with an online business application branded as Rackwise (the "services"). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including any new Services, will be subject to the TOS.
In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form of the Services (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or VNDI has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, VNDI has the right to suspend or terminate your account and to refuse any and all current or future use of the Services.
You agree to pay all subscription, service and use fees, if any, VNDI charges you for the Services. You agree to pay all costs (including attorney's fees), if any, incurred by VNDI in collecting overdue fees from you, and to pay a late charge on any overdue fees at a rate equal to the lesser of 1.5% per month or the maximum rate allowed under applicable law. You also agree to pay all foreign, federal, state and local taxes applicable to your access, use or receipt of the Services. Customer must provide VNDI with valid credit card or approved purchase order information as a condition before the Service. An authorized License Administrator may add licenses by using the Online Order Center. Added licenses will be subject to the following: (i) added licenses will be coterminous with the preexisting License Term (either Initial Term or renewal term) (ii) the license fee for the added licenses will be the then current, generally applicable license fee for the total number of users at the client and (iii) licenses added in the middle of a billing month will be charged in full for that billing month. VNDI reserves the right to change the fees, applicable charges and usage policies and to introduce new charges at any time, upon at least 30 days prior notice to Customer, which notice may be provided by e-mail.
VNDI charges and collects in advance for use of the Service. Fees for other services will be charged on an as-quoted basis. VNDI's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on VNDI's income.
Client agrees to provide VNDI with complete and accurate billing and contact information. This information includes Customer's legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. Customer agrees to update this information within 30 days of any change to it. If the contact information Customer has provided is false or fraudulent, VNDI reserves the right to terminate Customer's access to the Service in addition to any other legal remedies.
For client's using credit cards, invoices will be generated at the start of a license or billing period and Customer's credit card will be charged simultaneously. If paying by other means, invoices will be generated at the start of a license or billing period and approximately one month in advance of the start of any renewal or subsequent billing period and shall be due within 30 days. Customer's account will be considered delinquent (in arrears) if payment in full is not received by the license or billing period start date.
If Customer believes that the bill is incorrect, Customer must contact VNDI in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
In addition to any other rights granted to VNDI herein, VNDI reserves the right to suspend or terminate this Agreement and Customer's access to the Service if Customer's account becomes thirty (30) days or more delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. Customer will continue to be charged for User licenses during any period of suspension. If Customer or VNDI initiates termination of this Agreement, Customer will be obligated to pay the balance due on Customer's account computed in accordance with the Charges and Payment of Fees section above. Customer agrees that VNDI may charge such unpaid fees to Customer's credit card or otherwise bill Customer for such unpaid fees.
Customer agrees and acknowledges that VNDI has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if Customer's account is 30 days or more delinquent.
Unless VNDI in its discretion determines otherwise: (i) entities with headquarters and a majority of users resident in the United States will be billed in U.S. dollars and subject to U.S. payment terms and pricing schemes ("U.S. Customers"); (ii) entities with headquarters and a majority of users resident in Japan will be billed in Japanese yen and subject to Japanese payment terms and pricing schemes ("Japanese Customers"); and (iii) all other entities will be billed in U.S. dollars, Euros or local currency and be subject to either U.S. or non-U.S. payment terms and pricing schemes at the discretion of VNDI ("Non-U.S./Japan Customers").
You may designate the number of users under your account which corresponds to the level of Services you are receiving from VNDI , and you may provide and assign user names and passwords to such users. You will be responsible for the confidentiality and use of your user name(s) and password(s). Customer is responsible for any and all activities that occur under Customer's user accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with use of the Service. Customer shall: (i) notify VNDI immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to VNDI immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by Customer or its Users; (iii) assure that use of the Service shall at all times comply with all applicable local, state, federal, and international laws, regulations, and conventions, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data; and (iv) not impersonate another VNDI user or provide false identity information to gain access to or use the Service.
The Services allow you to send Electronic Communications directly to VNDI and interact within applicable areas of the Services. Electronic Communications include your business's data that you send through the Services (the "Data"). You acknowledge and agree to the following with respect to use of Electronic Communications through the Services: A. VNDI shall be entitled, but is not obligated, to review or retain your Electronic Communications for your compliance with the TOS and the security of the Services. VNDI may also review or retain Electronic Communications (other than Data) for other reasons that VNDI believes in good faith will improve the quality of the Services. B. VNDI may disclose Electronic Communications if required to by law or in the good-faith belief that such disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Electronic Communications violate the rights of third parties: or (iv) protect the rights, property, or personal safety of VNDI, its users or others. C. You will not use any Electronic Communication for any purpose that is unlawful, abusive, harassing, libelous, defamatory, obscene or threatening. Neither you, nor someone on your behalf, will use the Services to solicit VNDI customers or others for any purpose; D. You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights. E. You will not in any way express or imply that any opinions contained in your Electronic Communications are endorsed by VNDI; F. You agree to provide VNDI with your e-mail address, promptly provide VNDI with any changes to your e-mail address and accept Electronic Communications from VNDI at the e-mail address you specify; G. You agree that VNDI may provide notices, statements and other communication to you solely through e-mail posting on the Services or other electronic transmission; and H. You understand that the technical process and transmission of the Services, including your Electronic Communications, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to use software produced by third parties, including, but not limited to "browser" software that suports a data security protocol compatible with the protocol used by VNDI. Until notified otherwise by VNDI, you agree to use software that supports the Secure Socket Layer (SSL) protocol or other protocols approved by VNDI and to follow logon procedures for Services that support such protocols. You acknowledge that VNDI is not responsible for notifying you of any upgrades, fixes or enhancements to any networks or telecommunications facilities, including, but not limited to, the Internet. You acknowledge that it is possible that Electronic Communications may be accessed by unauthorized third parties when communicated between you and VNDI using the Internet, other network communications facilities, telephone or any other electronic means.
You acknowledge that VNDI may establish general practices and limits concerning use of the Services, and additionally in exceptional circumstances, VNDI in its sole discretion may establish limits associated with your usage of the Service. You acknowledge that VNDI reserves the right to restrict your usage of the Service which exceeds limits set by VNDI and you agree that VNDI may require you to purchase additional services commensurate with your usage and data storage or terminate your Service and refund the pro rata portion of any fees that may have been paid by you for the portion of the services not furnished to you as of the date of such termination. You acknowledge that VNDI reserves the right to disable accounts that are inactive for an extended period of time. You further acknowledge that VNDI reserves the right to change these general practices and limits at any time, upon notice as provided in Section 20 below.
The security of your Data may be maintained through the use of data encryption, data security protocols, passwords and other methods which VNDI may employ, or which VNDI may suggest or require that you employ. You agree that VNDI has no responsibility or liability either for the deletion or failure to store any Data transmitted by you or anyone else to the Services or the operation, or failure, or weakness, of any data encryption, data security protocols, passwords or other security methods employed by VNDI.
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
VNDI grants you a non-transferable, non-exclusive and terminable right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Software or any part thereof or otherwise attempt to discover any source code or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interfaces that are provided by VNDI for use in accessing the Services.
You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your internal business use. You agree not to reverse engineer the Service, or access the Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Service, or (iii) copy any ideas, features, functions or graphics of the Service. Users may be reassigned from time to time to new Users who are replacing former Users who have terminated employment with Customer or otherwise changed job status or function and no longer require access to the Service.
VNDI alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the VNDI Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer or any other party relating to the Service. This Agreement does not pertain to a sale and does not convey any rights of ownership in or related to the Service, VNDI Technology or Intellectual Property owned by VNDI to Customer.
"Visual Network Design Inc.", the Visual Network Design logo, "Rackwise", the Rackwise logo and other VNDI trademarks, logos and product names are marks of VNDI (the "VNDI Marks"). You agree not to display or use the VNDI Marks in any manner without the owner's express prior written permission.
VNDI AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT; VNDI AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER THROUGH THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;(III) THE SERVICE AND ALL CONTENT IS PROVIDED TO CUSTOMER STRICTLY ON AN "AS IS" BASIS; AND (IV) ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY VNDI AND ITS LICENSORS.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to Customer.
This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. The user of this site ("User") acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to Afghanistan, Burma, Cuba, Iraq, Iran, Libya, Sudan, or any other countries to which the United States and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using this site, User represents and warrants that it is not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. User agrees to comply strictly with all U.S. and European Union export laws and assumes sole responsibility for obtaining licenses to export or re-export as may be required.
VNDI and its licensors make no representation that the Service is appropriate or available for use in other locations. If Customer uses the Service from outside the United States of America and/or the European Union, Customer is solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States Government or appropriate European body for such purposes.
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Customer shall indemnify and hold VNDI, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by Customer of the representations and warranties; or (iii) a claim arising from the breach by Customer or Users of this Agreement, provided in any such case that VNDI (i) gives written notice of the claim promptly to Customer (ii) gives Customer sole control of the defense and settlement of the claim (provided that Customer may not settle or defend any claim unless it unconditionally releases VNDI of all liability and such settlement does not affect VNDI's business or Service); (iii) provides to Customer all available information and assistance; and (iv) has not compromised or settled such claim.
VNDI shall indemnify and hold Customer and its parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or trademark of a third party; (ii) a claim, which if true, would constitute a violation of VNDI of the representations or warranties; or (iii) a claim arising from breach of this Agreement by VNDI; provided that Customer (i) promptly gives written notice of the claim to VNDI; (ii) gives VNDI sole control of the defense and settlement of the claim (provided that VNDI may not settle or defend any claim unless it unconditionally releases Customer of all liability); (iii) provides to VNDI all available information and assistance; and (iv) has not compromised or settled such claim. VNDI shall have no indemnification obligation, and Customer shall indemnify VNDI pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of Customer's products, service, hardware or business process(s).
VNDI reserves the right at any time and from time to time to modify, temporarily or permanently the Services (or any part thereof) upon notice to you. VNDI also reserves the right at any time to discontinue, temporarily or permanently, the Services to any accounts not in good standing upon notice to you. You agree that VNDI shall not be liable to you or to any third party for modification suspension or discontinuance of the Services.
This Agreement commences on the Effective Date. The Initial Term of this Agreement will be for one month, three months, six months or one year commencing on the date Customer agrees to pay for the Service by completing the online subscription form and choosing the appropriate term. Either party may terminate this Agreement or reduce the number of licenses, effective upon the expiration of the then current term, by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. In the event that Customer terminates this Agreement (other than by reason of Customer's breach), VNDI will make available to Customer a file of its Customer Data within 30 days of termination if Customer so requests at the time notice of termination is given. Customer agrees and acknowledges that VNDI has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination. You agree that VNDI, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Electronic Communications within the Services, for lack of payment or if VNDI believes that you have violated or acted inconsistently with the letter or spirit of these TOS. VNDI may also in its sole discretion and at any time discontinue providing the Services, or any part thereof. You agree that any termination of your access to the Services under any provision of these TOS may be effected upon notice to you, and or delete your account and all related information and files in your account and/or bar any further access to such files or the Services; however, in the event that your Services with VNDI terminates, VNDI will use commercially reasonable efforts to return your Data to you electronically, in an appropriate format selected by VNDI, as promptly as is reasonable possible after such termination provided you have complied with the TOS and have paid in full all amounts owed to VNDI. Further you agree that VNDI shall not be liable to you or any third party for any termination of your access to the Services; provided, however, that if the termination is unrelated to your acts or omissions VNDI will refund the pro rate portion of any fee that may have been paid by you for the portion of the Service not furnished to you as of the date of such termination.
Any breach of Customer's payment obligations or unauthorized use of the VNDI Technology or Service will be deemed a material breach of this Agreement. VNDI, in its sole discretion, may terminate Customer's password, account or use of the Service if Customer breaches or otherwise fail to comply with this Agreement. In addition, VNDI may terminate a free account if Customer does not first log on within 30 days after registration or if 30 days have passed since Customer last logged on. Customer agrees and acknowledges that VNDI has no obligation to retain the Customer Data, and will delete such Customer Data, if Customer has materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
VNDI's services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. VNDI is not responsible for any delays, delivery failures, or other damage resulting from such problems.
The Services may provide links to other World Wide Web sites or resources. Because VNDI has no control over such sites and resources, you acknowledge and agree that VNDI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that VNDI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Notices to you from VNDI may be made by either e-mail or regular mail. VNDI may provide notices of changes to the TOS, modification or termination of the Services or other matters by e-mail to you or by displaying notices or links to notices to you on the Services.
VNDI may modify the TOS upon notice to you. If VNDI sends you notice, via e-mail, posting on the Services or otherwise, of a modification, you confirm your acceptance of the modification by not closing and/or continuing to use the Services.
The TOS constitute the entire agreement between you and VNDI and govern your use of the Service, superseding any prior agreements between you and VNDI with respect to the subject matter contained in the TOS. The TOS may only be modified or amended as set forth above in 19 or otherwise in a writing signed by VNDI and you. The TOS and the relationship between you and VNDI shall be governed by the laws of the State of X without regard to its conflict of law provisions. You and VNDI agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Y, in the state of X. The failure of VNDI to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Section titles in the TOS are for convenience only and have no legal or contractual effect.
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. VNDI represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online VNDI help documentation under normal use and circumstances. Customer represents and warrants that it has not falsely identified itself nor provided any false information to gain access to the Service and that Customer's billing information is correct.
This Agreement may not be assigned by Customer without the prior written approval of VNDI but may be assigned by VNDI to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
If you have questions regarding this Agreement or wish to
obtain additional information, please send an e-mail to info@Rackwise.com.
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