XTREMIO $1 MILLION DOLLAR GUARANTEE FOR 2016
(issued: 10 Feb 2016)
1. THE GUARANTEE. This “XTREMIO US$1,000,000 GUARANTEE FOR 2016” applies to all original end user purchasers
(“End User(s)”) of XtremIO® arrays installed by EMC or an EMC authorized services partner (“Qualified Array(s)”)
between November 14, 2013 and 12:00:00 PM on December 30, 2016 Eastern Time (the “Guarantee Term”). During the
Guarantee Term, EMC guarantees that, as long as the Qualified Array is being operated in accordance with its published
specifications and other EMC standard warranty requirements and exclusions and remains subject to uninterrupted EMC
support and maintenance coverage, at any fill level or under any workload the enabled in-line compression functions (XIOS
v. 3.0 and newer only), and the in-line data deduplication function, will remain operational for one hundred (100%) percent of
the customer data written on the Qualified Array (meaning the removal of redundancies from, and for XIOS v. 3.0 and newer
the compression of, customer data before being written to the flash media) without either process being throttled back,
temporarily disabled or switched off. THIS GUARANTEE IS VOID WHERE PROHIBITED BY LAW OR WHERE
LOCAL LAW WOULD OTHERWISE ALTER THE APPLICATION OF ITS TERMS OR IMPOSE REGISTRATION OR
OTHER REQUIREMENTS NOT SATISFIED.
2. THE $1,000,000 COVERAGE. All claims under this Guarantee are subject to independent verification by EMC, whose
decisions are final and binding. EMC will pay the sum of US$1,000,000 (One (1) Million Dollars US) to ONLY the first End
User that EMC verifies to have (i) experienced a failure of a Qualified Array to meet the Guarantee; and (ii) submitted the
initial claim between 12:01:00 PM on January 1, 2016 and 12:00:00 PM on December 30, 2016, and not submitted any prior
claim under a similar guarantee. All times are Eastern Time. PAYMENT UNDER THIS GUARANTEE IS EMC’S
EXCLUSIVE LIABILITY AND END USER’S EXCLUSIVE REMEDY. The recipient must comply with any tax
withholding, provide any other documentation required by law, and is solely responsible for any taxes. EMC may deduct
those tax related amounts from the payment. EMC reserves the right to amend or terminate this Guarantee, as permitted by
applicable law, except for Qualified Arrays purchased after February 10, 2016, and before the effective date of such changes.
Any such changes will be posted on emc.com at least 10 days prior to taking effect.
3. LEGAL REQUIREMENTS AND DISCLAIMER. This Guarantee and all claims made hereunder are governed exclusively by the
laws and courts of the Commonwealth of Massachusetts, USA, without effect to any choice of law or conflict of law rules.
Those courts shall have exclusive jurisdiction to hear and determine any disputes arising out of or in connection with this
Guarantee. EMC MAKES NO OTHER EXPRESS WARRANTIES, ORAL OR WRITTEN, AND SPECIFICALLY
DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND ANY WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR
PERFORMANCE, OR USAGE OF TRADE. IN NO EVENT SHALL EMC SHALL HAVE ANY LIABILITY FOR ANY
SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES OF ANY
KIND OR NATURE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
FOREGOING MAY NOT APPLY TO YOU.
©2016 EMC Corporation. All rights reserved. EMC2, EMC, XtremIO, and the EMC logo, are registered trademarks or trademarks of EMC
Corporation in the United States and other countries. All other trademarks are the property of their respective owners.
(14.2.160218)
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