END USER LICENSE AGREEMENT
Last updated: April 11, 2025
This End User License Agreement (“EULA”) is a legal agreement between the end user (as an individual 
or entity, “End User”) and the applicable Licensor entity defined in Section 16.0 (“Licensor Party”), 
which sets forth the rights and obligations governing software products defined in the licensing policy 
(“Software”), limited support services, and associated documentation (“Documentation”). By installing, 
using, or otherwise interacting with the Software or Documentation, delivering, or receiving services 
involving the Software, the End User agrees to be bound by the terms of this EULA. If the End User does 
not agree with the terms of this EULA, do not use or otherwise interact with the Software, 
Documentation, or services.

1. General Terms
1.1. License Grant.  Licensor grants to End User a non-exclusive, non-transferable, non-sublicensable 
right to install and use the Software in object code form and also the Documentation for End User’s 
internal business purposes under the terms and conditions stated herein within the scope, type of use, 
limitations on deployment or as otherwise set forth in the applicable ordering document and for which 
End User has paid the applicable fees.
1.2. The Software is to be used in accordance with the Documentation, the terms of this EULA, and the 
Licensing Policy in which descriptions of the license(s) purchased can be found (“Licensing Policy”). 
End User may only use the number of licenses or capacity that has been purchased or granted unless the 
product specifically allows exceed usage. In the event End User exceeds the purchased or granted 
capacity, the Software may not process additional workloads and Licensor shall not provide Maintenance 
for such overage license use. 
1.3. End User is permitted to make copies of the Software and Documentation for internal purposes in 
accordance with this EULA and the Licensing Policy. Any copies or partial copies of the Software and 
Documentation that End User makes shall remain Licensor’s intellectual property and must incorporate 
all relevant patent, copyright and trademark notices.
2. Prohibited Use. Without Licensor’s express prior written consent, End User may not (directly or 
indirectly through any employee, contractor, consultant, agent or other representative): (a) resell, transfer, 
share, or make the Software or license keys available to any third party (including, without limitation, 
sharing license keys on any website, forum or social media); (b) process third-party data (as a service 
provider), provide commercial hosting or support services, sublicense, rent or lease, in whole or in part, 
the Software to another party, or otherwise use the Software on a service bureau basis, without purchasing 
a specific license to do so; (c) decipher, decompile, disassemble, reverse assemble, reverse engineer, 
modify, or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, 
structures or other elements of the Software, including any license keys, in whole or in part, for any 
purpose or in any manner (except to the extent such prohibition is expressly prohibited by law); (d) write 
or develop any derivative software or documentation or other software programs based upon the Software 
or Documentation; (e) violate applicable laws or regulations through use of the Software; or (f) disclose, 
transfer or otherwise make available to any third party the results of any performance, capacity or 
functionality tests or any benchmark testing of the Software.
3. Maintenance and Support. 
3.1. Maintenance and support (collectively, “Maintenance”) for the Software is available in accordance 
with the Licensing Policy and Licensor’s support policy (the “Support Policy”). If Maintenance is 
included in End User’s plan purchased, it will commence upon the date the order is processed. End User 
will receive support for the Software including any updates, enhancements, or improvements that are 
included or defined in the Support Policy. Expired Maintenance plans are not eligible for Software 
updates. Violating any material provision of this EULA and/or Licensing Policy (including exceeding the 
purchased licensing capacity stated in Section 1.2) may result in postponement or rejection of Software 
Maintenance. Licensor may use collected telemetry (as prescribed in Section 4 below) to provide 
proactive Maintenance, including security update notifications and risk alerts.
3.2. The Software may include an automatic update functionality (“Automatic Updates”) that, when 
enabled, downloads and installs updates to the Software, including updates to third-party packages and 
components. By using the Software, End User acknowledges and agrees to the following:
a)	Automatic Updates may include modifications to the Software, updates to existing third-party 
components and/or new third-party components.
b)	End User agrees that by continuing to use the Software following any update, End User accepts 
and are bound by the terms of the latest version of this EULA available 
at https://www.veeam.com/legal/eula and the terms of any applicable third-party license terms 
and conditions.
c)	The Automatic Updates functionality can be controlled through the Software’s settings at any 
time. However, changing the default settings of the Automatic Updates may impact the security 
and functionality of the Software, and Licensor disclaims any liability arising from End User’s 
decision to disable updates.
4. Technical Information Collection.
4.1. Licensor cannot access the Software installed in End User’s chosen environment(s) or any data that is 
managed using the Software. Licensor cannot access any technical information pertaining to the 
configuration or performance of the Software unless End User voluntarily provides it to Licensor by 
uploading log files, sharing telemetry data, sharing screenshots, descriptions, reports, survey information, 
etc., pertaining to the Software use or utilize the Assistant (as defined in Section 9.1 below). Additional 
information and requirements regarding End User’s use of the Assistant are set forth in Section 9 below.
4.2. Licensor products that support automatic license updates and telemetry generate and send license 
usage statistics and telemetry data to Licensor. THIS FUNCTIONALITY IS TURNED ON BY 
DEFAULT AND CAN BE DISABLED AT ANY TIME. However, the data collection is mandatory for 
all Free and Community Edition licenses and cannot be disabled.
4.3. Certain Licensor products require online licensing services accessibility for license activation and/or 
usage reporting due to the protected platform’s requirements. THIS DATA COLLECTION IS ALWAYS 
ON AND CANNOT BE DISABLED.
5. Personal Information. In the event End User voluntarily provides personal data to Licensor in 
connection with Maintenance or otherwise, End User’s personal information will be used and stored in 
accordance with Licensor’s Privacy Notice. End User can always update preferences to adjust personal 
information settings by visiting the customer portal in the Software tool.
6. Intellectual Property Rights. The Software is LICENSED, NOT SOLD. The Software is protected by 
patent, copyright, trademark, trade secret, and other laws, including, without limitation, international 
treaties. A list of relevant patents and trademarks can be found here. All rights, title, and interest in and to 
the Software, Documentation, and any other Licensor materials or information provided or made 
available in connection with this EULA are retained solely by Licensor. End User hereby agrees that 
Licensor shall have the unrestricted, worldwide, fully paid, royalty-free right and license to use any and 
all ideas, feedback and suggestions made by End User to Licensor regarding the Software, 
Documentation, and other materials or information (collectively, “Feedback”) including the right to use 
all intellectual property rights in the Feedback. Third-party licensors, in addition to any other rights or 
remedies available to them, are third-party beneficiaries of this EULA with regard to their respective 
component(s).
7. Open Source Software. 
7.1. Licensor may include various open source software components in or with the Software (collectively, 
“OSS”), each of which is owned by a third party and is subject to its own applicable license terms and 
conditions. A current list of OSS components used by Licensor, along with their applicable license terms, 
is included in a text file located in the folder where the Software files are installed (the “OSS License 
File”).
For informational purposes only, Licensor may also make available a list of OSS components and their 
associated license terms on the special webpage. However, the definitive and governing list of OSS 
components and their applicable licenses is contained within the OSS License File distributed with the 
Software.
7.2. As part of the Software’s functionality, Licensor may update, modify, or replace OSS components 
included in the Software during the course of providing Automatic Updates. These updates may result in 
changes to the applicable license terms of the OSS.
7.3. By continuing to use the Software after an update that includes changes to OSS components, End 
User acknowledges and agrees to comply with the updated license terms of such OSS, as provided in the 
updated OSS License File included in the Software files.
7.4. Any warranties, representations, or liabilities related to such OSS, if any, are governed solely by the 
applicable OSS license terms. Nothing in this EULA is intended to modify, limit, or supersede the terms 
of any OSS license. In the event of any conflict between this EULA and an applicable OSS license, the 
terms of the OSS license shall control solely with respect to the applicable OSS component.
8. Audit. 
8.1. During the term of the EULA and for a period of one year thereafter, Licensor may, during normal 
business hours and upon reasonable prior notice to End User, inspect files, computer processors, 
equipment, and facilities to verify End User’s compliance with the terms and conditions of this EULA, 
including but not limited to all license terms, policies, and quantities purchased via authorized Licensor 
resellers or online marketplaces. The scope of the audit may encompass the verification of compliance 
with this EULA as a whole, which by reference includes the Licensing Policy.
8.2. Licensor may conduct such an audit no more than once per year unless there are reasonable grounds 
for the audit, such as suspected breaches of the EULA. The audit may be conducted in any form, 
including online requests for information (logs) or by inspecting End User’s infrastructure, by itself 
and/or with the involvement of third parties at Licensor’s discretion. In case of such an audit, End User 
must provide Licensor and/or any third party selected by Licensor the requested information (logs) and/or 
access to End User’s infrastructure within thirty (30) days after receiving the Licensor’s notice and make 
reasonable efforts to facilitate the audit.
8.3. Any information received by Licensor as a result of the audit shall be treated as confidential and be 
used solely for the purposes of performing the audit. Should the audit reveal that End User is in breach of 
any terms of this EULA, the costs of the audit conducted by a third party will be borne by End User.
9. AI-enabled Assistant.
9.1. Some Software may contain an artificial intelligence (“AI”)-enabled assistant trained to provide End 
User with assistance regarding use of the Software (the “Assistant”). Use of this feature is subject to 
the AI Terms of Use. By using the Assistant, End User acknowledges and agrees that, in addition to the 
terms of this Section 9, End User has read, understand and agrees to comply with the AI Terms of Use. 
End User further agrees that Licensor is not responsible for the Assistant’s output or any information that 
End User inputs into the Assistant. End User may not use the Assistant for any purpose other than to seek 
information about the Software’s functionality. End User agrees that under no circumstances will End 
User or any user in End User’s organization input to the Assistant information that is considered 
“personal information” or “personal data” (as those or similar terms are defined under any laws applicable 
to End User) or information that End User’s organization considers confidential or non-public. The 
Assistant is based on Azure OpenAI Service from Microsoft Corporation. All input End User shares with 
this Assistant will be processed in accordance with Microsoft’s Azure OpenAI Terms and this EULA. By 
using the Assistant, End User acknowledges and agrees that End User has read, understands and agrees to 
comply with those terms. Please review the documentation before using the Assistant. End User may not 
use the Assistant if End User does not agree to those terms. In some Software, the Assistant may have two 
modes: basic (“Basic Mode”), which only utilizes information End User inputs to the chat window, and 
advanced (“Advanced Mode”), which utilizes information End User inputs to the chat window and 
product data received from the Software (the combined information, “Mixed Input”). Basic Mode is 
turned on by default. Advanced Mode is turned off by default, and End User needs to turn it on explicitly. 
The Software also includes an option to completely disable the Assistant.
9.2. Basic Mode. Licensor may store and review any input End User shares with the Assistant and the 
Assistant’s output in order to improve the Assistant’s functionality or as otherwise necessary or useful for 
Licensor to provide its services. Licensor will delete all stored input and output after 30 days from the 
store date.
9.3. Advanced Mode. Mixed Input is deleted immediately after End User closes the conversation session 
or the session times out. Licensor may store and review the Assistant’s output (but not Mixed Input) in 
order to improve the Assistant’s functionality or as otherwise necessary or useful for Licensor to provide 
its services. Licensor will delete all stored output after 30 days from the store date.
9.4. Licensor does not review all of the Assistant’s output; if the Assistant is unable to answer End User’s 
question or if End User has any concerns regarding its output, End User may contact Licensor’s customer 
support personnel.
10. Indemnification. Licensor will defend or, at its option, settle any action, suit or proceeding against 
End User that is based upon a claim that End User’s use of the Software infringes any patent, copyright or 
other intellectual property right of a third party, and will indemnify End User against any amounts 
awarded against End User as a result of the claim, suit or proceeding; provided that (a) Licensor is 
promptly notified of the assertion of the claim, suit or proceeding, (b) Licensor has sole control of its 
defense and/or settlement, and (c) End User provides reasonable assistance and cooperate in Licensor’s 
defense and/or settlement, at Licensor’s expense. Licensor’s defense and indemnity obligations do not 
apply, and End User shall be responsible for the defense and/or settlement of any claims where (1) End 
User’s use of the Software or Documentation is beyond the scope of license granted in this EULA or 
otherwise in violation of any of the terms or conditions set forth in this EULA or any terms, policies or 
information referenced or to which a link has been provided in this EULA, (2) End User modified or 
created derivative works from the Software or Documentation, (3) End User used an outdated and 
infringing version of the Software or Documentation after release of a non-infringing version by Licensor, 
(4) End User used or combined the Software with any technology, software or hardware not supplied by 
Licensor, where the alleged infringement would not have occurred absent such use or combination, or (5) 
End User’s use of the Evaluation Licenses or Free and Community Edition Licenses. In the event any 
such infringement action, suit, or proceeding is brought or threatened, Licensor will, at its sole option and 
expense: (i) procure for End User the right to continue the use of the Software or the allegedly infringing 
part thereof; or (ii) modify or amend or replace the same with other software or material having 
substantially similar functionality and performance.
11. Limited Warranty and Limitations of Liability.
11.1. The purchase of the Software license (perpetual or subscription) is non-returnable and non-
refundable. Licensor warrants that the Software, in its unmodified form as initially delivered or made 
available to End User, will perform substantially in accordance with the Documentation for such Software 
for a warranty period of ninety (90) days from the date the Software is delivered to End User (the 
“Warranty Period”). In the event the Software fails in a material respect to operate in accordance with the 
Documentation during the Warranty Period and Licensor is unable to correct the defect, Licensor’s sole 
and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the license fees, if 
any, paid by You for the Software. All claims must be raised within the Warranty Period. The foregoing 
limited warranty will not apply to Evaluation Licenses or Free and Community Edition Licenses, that are 
provided “as is”. In the event a reported problem with the Software is contributed to End User’s fault and 
End User requests that Licensor works to resolve the problem, End User agrees to pay for such 
remediation efforts in accordance with Licensor’s then-current rates.
11.2. For any Evaluation Licenses and Free and Community Edition Licenses in no event will Licensor be 
liable for any damages, for any claim or cause for any damages of any kind, including, without limitation, 
any direct, indirect, special, incidental, exemplary, statutory, punitive or consequential damages 
(including, without limitation, loss of profits, loss of use or data, damage to systems or equipment or 
business interruption). End User is not entitled to any defense, indemnification, or warranty protection for 
licenses granted pursuant to Section 11.1.
11.3. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 11.1, THE SOFTWARE 
AND MAINTENANCE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, 
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY 
THAT THE SOFTWARE IS FREE OF DEFECTS, WILL BE UNINTERRUPTED, IS 
MERCHANTABLE, OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN 
INFORMATION OR ADVICE GIVEN BY LICENSOR OR ANY THIRD PARTY, INCLUDING, 
WITHOUT LIMITATION, ANY LICENSOR DISTRIBUTORS OR RESELLERS, SHALL CREATE 
ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THIS 
LIMITED WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL 
USE OF THE ASSISTANT BY END USER OR ANY OF END USER’S PERSONNEL SHALL BE AT 
END USER’S SOLE RISK.
11.4. IN NO EVENT WILL LICENSOR OR ANY OF ITS AFFILIATES OR SUPPLIERS BE LIABLE 
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, STATUTORY, PUNITIVE OR 
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF 
PROFITS, LOSS OF USE OR DATA, DAMAGE TO SYSTEMS OR EQUIPMENT, BUSINESS 
INTERRUPTION OR COST OF COVER) IN CONNECTION WITH OR ARISING OUT OF THE 
DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE (INCLUDING THE ASSISTANT) OR 
ANY OTHER MATERIALS OR MAINTENANCE PROVIDED BY LICENSOR UNDER THIS EULA, 
WHETHER ALLEGED AS A BREACH OF CONTRACT CLAIM OR AS ANOTHER TYPE OF 
CLAIM, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR UNJUST ENRICHMENT, UNFAIR 
COMPETITION OR BUSINESS PRACTICES, OR OTHER TORTIOUS CONDUCT, INCLUDING 
NEGLIGENCE AND STRICT LIABILITY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES. LICENSOR’S MAXIMUM AGGREGATE LIABILITY 
ARISING FROM OR RELATED TO THIS EULA, INCLUDING, WITHOUT LIMITATION, USE OF 
THE SOFTWARE (INCLUDING THE ASSISTANT) OR ANY OTHER MATERIALS OR 
MAINTENANCE PROVIDED BY LICENSOR UNDER THIS EULA, AND LICENSOR’S 
RELATIONSHIP WITH END USER SHALL NOT, IN ANY EVENT, EXCEED THE FEES PAID BY 
END USER FOR THE SOFTWARE DURING THE ONE (1) YEAR PERIOD PRIOR TO THE DATE 
THE APPLICABLE CAUSE OF ACTION AROSE.
11.5. NO ACTION ARISING OUT OF ANY ACTUAL OR ALLEGED BREACH OF THIS EULA OR 
TRANSACTIONS CONTEMPLATED BY THIS EULA MAY BE BROUGHT BY EITHER PARTY 
MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. FOR PURPOSES 
OF THIS EULA, A CAUSE OF ACTION SHALL BE DEEMED TO HAVE ACCRUED WHEN A 
PARTY KNEW OR REASONABLY SHOULD HAVE KNOWN OF THE BREACH OR CLAIMED 
BREACH.
12. Export Control: The parties will comply with all applicable export or import regulations and trade 
sanctions imposed by various countries, including the U.S., E.U., U.K., and U.N.  Customer confirms that 
it is not included on any sanctions-related list of designated persons and is not organized under the laws 
of, resides in, or is controlled by any country or region subject to comprehensive sanctions or embargoes 
(currently, Belarus, Cuba, Iran, North Korea, Russia, Syria, and the Crimea, Donetsk, Kherson, Luhansk, 
and Zaporizhzhia regions of Ukraine). Without limiting the foregoing, Customer agrees that it will not 
export, re-export, or otherwise transmit the Software: (i) to any country or region subject to an embargo 
or comprehensive trade sanctions; (ii) to any individual or entity identified on any restricted party lists 
(including the Consolidated Sanctions, Specially Designated Nationals, Denied Persons, Entity, or 
Unverified Lists); or (iii) to any end user with knowledge or reason to know that the Software will be 
used for any unlawful purpose. Veeam reserves the right to block access to the Software for violations of 
this clause without prior notice.
13. United States Government Users. The Software licensed under this EULA is “commercial computer 
software” as that term is described in DFAR 252.227-7014(a)(1). If acquired by or on behalf of a civilian 
agency, the U.S. Government acquires the Software and/or Documentation subject to the terms of this 
EULA as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal 
Acquisition Regulations (“FAR”) and its successors. If acquired by or on behalf of any agency within the 
Department of Defense (“DOD”), the U.S. Government acquires the Software and Documentation subject 
to the terms of this EULA as specified in 48 C.F.R. 227.7202 of the DOD FAR Supplement and its 
successors.
14. Confidentiality Each party agrees to maintain the confidentiality of all information disclosed by the 
other party in relation to the provision and use of the Software, designated as confidential or reasonably 
understood to be confidential due to the nature of the information and the circumstances of disclosure 
(“Confidential Information”). Confidential Information shall be used solely to fulfil obligations under this 
EULA and protected with no less diligence than that used for one’s own confidential information but no 
less than reasonable care. This excludes information which is publicly known, received from third parties 
without breach, or independently developed. If legally compelled to disclose Confidential Information, 
the receiving party must notify the disclosing party promptly and cooperate with any effort to contest the 
disclosure. Upon termination of this EULA, Confidential Information must be returned or destroyed as 
directed by the disclosing party.
15. General. This EULA, together with the terms, policies and information referenced herein, sets forth 
Licensor’s entire obligation and End User’s exclusive rights as to the Software and Maintenance, and 
supersedes any conflicting terms of any purchase order and any other communication regarding the same. 
No failure of either party to exercise or enforce any of its rights hereunder will act as a waiver. 
15.1. Severability. If any provision of this EULA is found illegal or unenforceable, it will be enforced to 
the maximum extent permissible, and the legality and enforceability of the other provisions of this EULA 
will not be affected. 
15.2. Assignment. Neither party may assign or transfer this EULA, in whole or in part, without the other’s 
prior written consent. Notwithstanding the foregoing, Licensor may, without End User’s consent, assign 
the EULA to any of its affiliates, or to an entity who acquires all or substantially all of its business or 
assets, or in connection with a change in control of Licensor (through merger, consolidation, 
reorganization, operation of law or otherwise). Subject to the foregoing, this EULA is binding upon and 
shall inure to the benefit of the parties and their respective successors and permitted assigns.
16. Licensor Party.   Kasten Inc., USA, licenses Veeam Kasten for Kubernetes and Veeam Software 
Group GmbH, Switzerland, licenses all other Software.
17. Governing Law and Jurisdiction.
17.1. End User agrees that if End User licenses the Software from either of the entities below, any claim 
or dispute arising from or in connection with this EULA is governed by the corresponding laws without 
regard to its conflict of law principles and excluding the U.N. Convention on Contracts for the 
International Sale of Goods and the Uniform Computer Information Transactions Act and End User 
consents to the exclusive jurisdiction of the specified courts:
a.) Veeam Software Group GmbH- Switzerland; Canton of Zug, Switzerland;
b.) Kasten Inc.- New York; federal or state courts of New York County, New York.


