Intel(r) Cloud Edition for Lustre* software Subscription Purchased Services Agreement IMPORTANT - READ CAREFULLY BEFORE ACCESSING OR USING This Intel(r) Cloud Edition for Lustre* softwareSubscription Purchased Services Agreement (this "Agreement") sets forth the terms and conditions under which Intel Corporation and/or its Affiliates ("Intel") makes available to you ("You") the Purchased Services described below during the subscription period. Do not access or use the Purchased Services until you have carefully read the following terms and conditions. By accepting this Agreement, either by clicking a box indicating your acceptance or by using or accessing the Purchased Services, you agree to be legally bound by the terms and conditions of this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its Affiliates to these terms and conditions, in which case the terms "You" or "Your" shall refer to such entity and its Affiliates. If you do not have such authority or do not agree to the terms of this Agreement, do not access or use the Purchased Services. This Agreement is effective between You and Intel as of the date You accept it. TERMS AND CONDITIONS 1. Definitions "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity. "System" means a server node on which You install or execute all or a portion of the Software. "Order Form" means a purchase order or through or other order form generated through an electronic online ordering system for placing orders hereunder, including addenda thereto, that are entered into between You and an authorized reseller for the purchase of Purchased Services from time to time, including addenda and supplements thereto. "Purchased Services" means any services, including Support Services that You or Your Affiliates purchase under an Order Form. "Support Services" means the support and maintenance servicesidentified on Attachment 1. "Software" means (i) the Intel(r) Cloud Edition for Lustre* software as listed on the reseller's website, and may include without limitation, (ii) the Intel Hadoop Adaptor for Lustre software; (iii) Intel(r) Manager for Lustre software; and (iv) any other components that are marked as "Intel proprietary" or with a similar legend, including any updates or upgrades thereto provided to You under this Agreement. "You" or "Your" means the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity. 2. Subscription Access and Use Intel provides a nonexclusive, nontransferable right to access and use the Software as a service, solely for Your own internal use, subject to the following requirements. 2.1 You must assign the subscription to one person within the company, and only that person may use or access the subscription or any subscription benefits. 2.2 The subscription provides You with access to the Software and associated benefits. When Your subscription concludes, You will no longer have access to the Software or any associated benefits and You must discontinue Your use of the Software. 2.3 Intel reserves the right to change the benefits available under the subscription at any time without any notice to You, such as the version of the Software being made available, the number of keys made available for the Software (if applicable), or the Support Services. 2.4 Your use of any software components which You may download in connection with the provision of Support Services are governed by the end user license agreements provided with such components,such as click-through license terms. 2.5 You may access the Software or use the Purchased Services or any components in any geographic region, supported by the reseller, subject to Your compliance with all applicable export laws and regulations. Access to the Software may require a key to install or access it. You are responsible for the use of any keys assigned to You. You may not resell, share, assign, or otherwise transfer keys. Intel reserves the right to suspend or terminate Your subscription, without any notice or obligation to You, if Intel detects suspicious activity related to keys or activations. Intel reserves the right to determine in its sole discretion whether an activity constitutes suspicious activity. Suspicious activity could include, but is not limited to, keys being activated in geographic regions that are different from the geographic location of the subscription activation or purchase, downloading of a large number of keys, and other similar activities. Intel may deactivate or otherwise limit Your keys when Your subscription ends. Deactivated keys will not be able to access the Software. 3. Reservation of Rights. No rights or licenses are granted by Intel under this Agreement,expressly, by implication, inducement, estoppel or otherwise with respect to any proprietary information or patent, copyright, trade secret, maskworks or other intellectual property right owned or controlled by Intel, except as expressly provided in this Agreement. Any additional license rights under Intel's intellectual property rights must be express and in writing, signed by an authorized officer of Intel. Intel and its suppliers will remain the sole owner(s) of all right, title and interest (including, without limitation, all intellectual property rights therein) in the Software, and modifications or derivative works thereof created by or on behalf of Intel. You hereby acknowledges Intel's and/or its suppliers' ownership of the copyright, trademark, patent, trade secret and any other intellectual property rights in the Software and components. 4. Third Party Software. The Software may contain the software and other property of third third party suppliers, which may be identified in, and licensed in accordance with, the "licensed-materials.txt" file or other text or file in the Software. No third party software that is provided with the Software will be used independently from the Software. 5. Intel's Trademarks and Logos. No rights or licenses are granted by this Agreement, expressly or by implication, to use any Intel or third party trademarks or trade names, or any word or mark similar thereto, in connection with the Software. 6. Other Restrictions. 6.1 Except as expressly set forth in this Agreement, You will not use, rent, lease, loan, sell, or distribute the Software in whole or in part, nor sublicense to any third party the right to reproduce or distribute the Software 6.2 You will not reverse engineer, disassemble, decompile, or otherwise attempt to derive or modify the Software, nor assist in any way, directly or indirectly, in any effort to do so. 6.3 You will not alter, remove or obscure any proprietary notices from the Intel Software relating to Intel's (or its suppliers') intellectual property rights. 6.4 You will not access the Software or be entitled to Purchased Services if You do not have an active subscription. 6.5 You will not share, transfer, resell, or assign Your subscription or your access to the Software. 6.6 You will not perform, disclose or publish benchmark data or any other comparison data related to the performance of the Software or Purchased Services. Breach of this provision will immediately terminate Your access to the Software and Purchased Services, without refund and will subject You to suit by Intel. 6.7 Other subscription benefits that do not include Software may be subject to additional terms. 7. Purchased Services. 7.1. Provision of Purchased Services. Intel shall make available to You the Purchased Services pursuant to the terms of this Agreement. Except for your specific order of the Purchased Services, You agree that Intel shall not be bound by any terms that may appear in any Order Form and all such terms or conditions shall be null and void. The Purchased Services are for Your (including Your contractors and agents) use and benefit only, and only for the Systems for which You purchase them. Any unauthorized use of the Purchased Services will be deemed to be a material breach of this Agreement. You agree that Your purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Intel regarding future functionality or features. 7.2. Reservation of Rights in Purchased Services. Subject to any limited rights expressly granted hereunder, Intel reserves all rights, title and interest in and to the Purchased Services, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein. 7.3. Restrictions. You shall not (i) permit any third party to access the Purchased Services except as permitted herein or in a quote, (ii) create derivative works based on the Purchased Services except as authorized herein, (iii) reverse engineer the Purchased Services, or (iv) access the Purchased Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Purchased Services. 7.4. Suggestions. Intel will have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into our products and services any suggestions, enhancement requests, recommendations or other feedback provided by You relating to the operation of the Purchased Services. 7.5. Federal Government End Use Provisions. Intel provides the Purchased Services, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Purchased Services include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data - Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with Intel to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement. 8. Warranty and Disclaimer 8.1. Warranty. Intel warrants that (i) the Purchased Services will be performed in a professional and workmanlike manner by qualified personnel. In the event of Intel's breach of this warranty, Your exclusive remedy under this Agreement will be to terminate this Agreement. Intel disclaims all other warranties with regard to the Purchased Services and the Software, including any implied warranties (e.g., those of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement). You may have additional consumer rights under local laws that this Agreement cannot change. 8.2. Third Parties. Intel does not and cannot control the performance of any data, product or services controlled by third parties. At times, action or inaction by third parties may impair or disrupt the Purchased Services. Intel make no representations and expressly disclaim all warranties regarding the data, products, or services of any other party, including the providers of electrical or telecommunication products or services. Additionally, the Purchased Services may contain products of independent third parties, such as malware definitions or URL filters and algorithms. Intel makes no warranty as to the accuracy of any such third party information. 8.3. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 8, THE PURCHASED SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT ADDITIONAL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS OR IMPLIED), INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER CONDITIONS, TERMS, UNDERTAKINGS AND REPRESENTATIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR AFFILIATES, DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. WE DO NOT GUARANTEE OR WARRANT THAT THE USE OF THE PURCHASED SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. 9. LIMITATION OF LIABILITY 9.1. Exclusion of Consequential and Related Damages. IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 9.2. Limitation of Liability. IN NO EVENT SHALL INTEL'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU TO FOR THE PURCHASES SERVICES. 9.3. Sole Remedies; Materiality. You agree that Intel's liability arising under this Agreement or in connection with the Purchased Services shall be expressly limited to the liability and damages provided herein. You agree that the limitations referenced in this Section 9 are material terms of this Agreement. 19. Term and Termination 10.1. Term of Agreement. This Agreement commences on the date You accept it by accessing the Software and Purchased Services and continues until your subscription has been terminated in accordance with Your agreement with the reseller. 10.2 Termination for Convenience. You may cancel the Purchased Services at any time. if You do not renew by paying the subscription fee prior to the expiration of the subscription period. Intel may suspend or terminate Your subscription if Intel believes that You have failed to comply with any part of this Agreement. If Your subscription ends for any reason: (i) You must stop using the Software and Purchased Services associated with the subscription, and (ii) You will no longer be entitled to receipt of Software Services.. Intel may terminate this Agreement at any time and without cause by providing You with sixty (60) days written notice. Intel will have no liability or obligation to You for terminating this Agreement without cause. Intel will not be responsible in any manner for any damages of any kind, including without limitation, anticipated profits or other expenses incurred by You as a result of termination of this Agreement pursuant to this Section 10.2. 10.3. Termination for Cause. Intel may terminate this Agreement for cause in the event of Your material breach of this Agreement. 10.4. Surviving Provisions. Sections 1, 3, 4, 5, 6, 7.2, 7.3, 7.4, 7.5, 8.3, 9, 10.4 will survive any termination or expiration of this Agreement. 11. Notices 11.1. Manner of Giving Notice. All notices required or permitted to be given hereunder shall be in writing, shall make reference to this Agreement, and shall be delivered by hand, or dispatched by prepaid air courier or by registered or certified airmail, postage prepaid, addressed as follows: Notices to Intel: Intel Americas, Inc. 1815 S. Meyers Road, Suite 150 Oakbrook Terrace, IL 60181 Attn: General Manager, Big Data and Purchased Services Division Fax: 630-627-1969 With copy to: Intel Corporation Attn: SSG Group Counsel 2200 Mission College Blvd, RNB 4-151 Santa Clara, CA 95054 Notices to Company: To the address noted on the Order Form referencing this Agreement Such notices shall be deemed served when received by addressee or, if delivery is not accomplished by reason of some fault of the addressee, when tendered for delivery. Either You or Intel may give written notice of a change of address and, after notice of such change has been received, any notice or request shall thereafter be given at such changed address. 12. GOVERNING LAW AND JURISDICTION 12.1. Agreement to Governing Law and Jurisdiction. This Agreement is made under and will be construed in accordance with the laws of the State of Delaware without giving effect to that state's choice of law rules. Each Party hereby agrees to jurisdiction and venue in the courts of the State of Delaware or federal courts located in Delaware for all disputes and litigation arising under or relating to this Agreement, and this Agreement shall be considered to have been signed in the United States by both Parties. The Parties agree that the terms of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply to this Agreement. This provision is meant to comply with 6 Del. C. Section 2708(a). 12.2. Waiver of Jury Trial. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. 13. General Provisions 13.1. Export Compliance. The Purchased Services, other technology Intel make available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. You shall not access or use Purchased Services in a U.S.-embargoed country (currently Cuba, Iran, North Korea, Sudan or Syria) or in violation of any U.S. export law or regulation. 13.2. Anti-Corruption. You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Intel's employees or agents in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If You learn of any violation of the above restriction, You will use reasonable efforts to promptly notify Intel's legal Department at the address listed in Section 11.1 above. 13.3. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. 13.4. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. 13.5. Attorney Fees. You shall pay on demand all of Intel's reasonable attorney fees and other costs incurred by Intel to collect any fees or charges due Intel under this Agreement following Your breach of Section 5.2 (Invoicing and Payment). 13.6. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party. Notwithstanding the foregoing, Intel may assign this Agreement in its entirety or any portion thereof (including all Order Forms), without Your consent, to (i) an Affiliate or (ii) in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Intel's assets. A party's sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party's election, termination of this Agreement upon written notice to the assigning party. In the event of such a termination, Intel shall refund to You any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. 13.7. Continuing Business. Nothing in this Agreement will be understood to preclude or limit Intel from providing software, materials, or services for ourself or other clients, irrespective of the possible similarity of such software, materials or services to those which might be delivered to You. 13.8. Limited Release Purchased Services. From time to time Intel may invite You to try, at no charge, products or services that are not generally available to Intel's customers ("Limited Release Purchased Services"). You may accept or decline any such trial in Your sole discretion. Any Limited Release Purchased Services will be clearly designated as beta, pilot, limited release, developer preview, non-production or by a similar description. Limited Release Purchased Services are provided for evaluation purposes and not for production use, are not supported, may contain bugs or errors, and may be subject to additional terms. LIMITED RELEASE SERVICES ARE NOT CONSIDERED "SERVICES" HEREUNDER AND ARE PROVIDED "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTY. Intel may discontinue Limited Release Purchased Services at any time in Intel's sole discretion and may never make them generally available. 13.9. Entire Agreement. This Agreement, including all attachments and appendices and all quotes issued by Intel or an authorized third party, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom asserted. Notwithstanding any language to the contrary therein, no terms or conditions stated in Your purchase order or other order documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void. Attachment 1: Description of the Intel Subscription Purchased Services The Purchased Services are as follows: A. SOFTWARE UPDATES The "Download Site" means the Amazon Web Services Storefront website that hosts the Software images, updates, upgrades, enhancements, additions, corrections and modifications. For each System, You will receive access to (i) the applicable Software via the Download Site; (ii) the applicable Software updates and upgrades, when and if available, via the Download Site, and (iii) the applicable level of Support Services described in Section B of this Attachment 1. B. CUSTOMER SUPPORT Intel Support Policies and Procedures: All services, as further described in this Attachment 1, are provided under Intel's Standard Terms and Conditions of Service for the Software. Technical Support You are entitled to standard support for unlimited number of incidents for assistance on use of the Software as a service. This may include assistance on installation, configuration, and deployment or for resolution of a problem using the Software. The various options for support are described below: Support Offerings for Subscription Licenses Intel offers the following support options with purchase of each System Standard Support Subscription Support 8 X 5 global support (8 am to 5 pm Pacific US time) Number of Support Incidents Unlimited Number of Support Contacts 2 per System customer Subscription Term Ongoing with active subscription Email Support Yes Remote Troubleshooting via Webex/Lync Yes Response Time SLA N/A Support Coverage Proof-of-concept, Development, Staging and other Test environments Upgrades and Patches Yes Emergency Bug Fix No Customer Support Center and Escalation: Intel provides technical assistance with our support staff providing their expertise in resolving issues. At the time of opening an incident with Intel, please provide detailed information about the issue. This includes but is not limited to collecting sample data, attempting to isolate any problem and create a reproducible test case, collecting logs and determining that the problem is with the Software instead of some other software or technology. Some of the pre-requisites to receiving advanced support are: Your internal support engineer has collected information about the issue such as ways to reproduce the issue, sample data, system logs for troubleshooting and configuration settings. Your internal support team has scanned previous issues to see if the new issue is a known issue and offer assistance to customer in resolving the problem. Your internal support team has attempted to resolve the issue on their own by reproducing the problem and recommending workarounds if possible. If the issue cannot be resolved independently, your internal support team has scanned Intel support database to see if similar issue has been reported in the past and what possible resolution may be. Your internal support team has established that the issue lies with Software. Issue Processing You can contact Intel support to open a trouble ticket. Once the issue has been entered into the trouble ticket tracking system, it is handled by one of Intel's Customer Support Engineers as follows: - A Customer Support Engineer is assigned to the case - The Customer Support Engineer owns the case and: Works with you to answer questions Provides advice on system use Assists with system configuration Assists in resolving the issue by providing work around Provides access to software patches or bug fixes if needed to fix the issue. Contacting Support Intel offers you the following mechanism to open trouble tickets: Email You will be able to open tickets by sending email to hpdd-cloud-lustre@intel.com. Please include the summary of the issue in the 'Subject' line of the email and detailed description of the problem in email content. Priority Levels Each trouble ticket will be assigned a priority level. The levels of priority for support incidents are described here: Priority Levels Description Severity 1 (Critical) Critical Impact on the overall system. All or most of the Production/Live Systems are down. Business critical software components are impacted or Intel software is down without any workaround. All message traffic for production services is failing. Emergency situation without any workaround. Critical condition requires immediate solution Severity 2 (High) Significant impact to the overall business system in Production/Live environment. Intel software is usable but the functionality is severely effected. System is unstable. Limited functionality with some workaround is available. Issue is effecting a release on path-to-live for customer's business system Severity 3 (Medium) Some business impact. Issues reported in development environment. Intel software is usable with limited functionality. All critical operations are working. Workaround available for impaired functionality. Severity 4 (Low) Minimal business impact. There are workarounds available. Feature enhancement requests Documentation requests Intel will ask You to provide contact information when opening the trouble ticket. This is specifically needed for high priority tickets to ensure that Intel support team can work along with you to resolve high priority issues without major delays. Intel may downgrade the priority of a trouble ticket if multiple attempts have been made to contact you without response. The Customer Support Engineer retains sole ownership of cases. Intel ensures that the appropriate resources within Intel are utilized to resolve outstanding technical problems as efficiently as possible. Product Release Policy During any period in which you have paid for Support Purchased Services, you, will be entitled to receive Software Updates. Obsolete Versions As new versions of software are released by Intel, versions that were released more than 18 months prior will become obsolete. Intel will send notifications as to when a release is due to become obsolete. Customers running obsolete versions of software will need to upgrade to supported release to continue receiving support on Intel software. If customers will like to continue receiving support on obsolete versions, this may be made available at additional cost above the annual support and maintenance fees. Exclusions Intel's obligations hereunder to provide Support Purchased Services shall not apply in the following situations: - If the Software has been modified or repaired by anyone other than Intel or an authorized Intel service center. - If the Software requires repair of damages caused by external factors, including, but not limited to: loss or damage resulting from the elements, misuse, abuse, or the operation of the Software in improper environments, such as, but not limited to, locations having defective or inadequate power source, static electricity, or excessive interference caused by external sources. - If the service is necessitated to comply with changes in the regulations of any governmental body or agency. - Any changes to the performance of the Software beyond those required for substantial compliance with the Documentation. - Any services in connection with or arising out of relocation of the Software or the addition, removal, or maintenance of any third party equipment, accessories, attachments or other devices not originally forming part of the Software. - Purchased Services outside the scope of Support Purchased Services set forth in Section C. If Company requests services outside the scope of Support Purchased Services set forth in Section C, such services may be furnished on a time and materials basis at Intel's then-current rates, subject to availability of Intel's service personnel and subject to Intel terms and conditions of professional services. At Intel's discretion a purchase order may be required before such services are rendered. C. CUSTOMER TRAINING AND PROFESSIONAL SERVICES Intel offers a range of instructor-led training classes for the System. These are held at Intel premises but may also be held at customer premises if required. Intel also provides professional services related to Intel(r) Cloud Edition for Lustre* software.. Please contact Intel directly at hpdd-cloud-lustre@intel.com if you are interested in training classes or professional services. D. INTELLECTUAL PROPERTY PROTECTION If any portion of the Software is found to infringe any third party intellectual property rights and You have complied with all of the terms of this Agreement, then for each System for which You are current in Your subscription fees, Intel will, at Intel's expense and option: (i) obtain the rights necessary for You to continue to use the Software consistent with this Agreement; (ii) modify the Software so that it is non-infringing; (iii) replace the infringing portion of the Software with non-infringing code; or (iv) terminate Your Purchased Services subscriptions upon thirty (30) days' written notice, and refund to You any prepaid fees covering the remainder of the term of Your subscriptions after the effective date of termination. The foregoing will not apply to claims arising from: the combination of the Software with products or services not provided by Intel; the modification of the Software pursuant to Your specifications; the modification of the Software other than as directed by Intel; or use of the Software in a manner not permitted or contemplated hereunder. This Section states Your sole remedy, and Intel's sole liability to You, for any type of claim described in this Section.