VistaOne Evaluation Program: Exinda

VistaOne’s Evaluation Program for Exinda (VEP-Exinda) affords a maximum 30-day no-risk approach to properly assessing the value of Exinda packet shaping appliances in your network infrastructure. To support the VEP-Exinda, VistaOne provides all Exinda hardware and software, plus as many as ten hours of Exinda Certified Engineer expertise at no charge. Your organization is under no obligation to place an order for hardware or anything else subsequent to the VEP-Exinda.

When you submit the VEP- Exinda Scope of Work form, VistaOne’s engineer will contact you to finalize an installation date (see number 3 below) and establish procedures for remote access to the Exinda next generation traffic shaper. The installation date should coincide with a 5-10 day period that best allows you to invest approximately ten hours to work with our engineer evaluating the Exinda equipment for potential purchase.

1. VistaOne consults with you on the best Exinda model(s) to evaluate in your unique environment.

2. VistaOne ships and you receive the Exinda appliances and related installation materials approximately one week prior to an installation date.

3. VistaOne schedules two hours to complete physical installation and deliver an overview demonstration of appropriate Exinda interfaces and feature sets via telephone and web conference. The typically inline installation requires less than one minute of network interruption.

4. Upon installation, the Exinda appliance immediately begins providing visibility into the applications on your network, delivering baseline performance metrics. The Exinda continues testing and collecting data (no shaping) for five consecutive days following the install.

5. Using remote access, a VistaOne engineer reviews the application mix and existing network performance to establish current-state baselines.

6. At the end of day five, a web conference is scheduled to review baseline findings and implement Optimization (Shaping) policies, and Acceleration features if two or more WAN nodes are being tested.

7. Days six through ten are dedicated to observing the effects of Optimization (Shaping) and Acceleration (if applicable) and making adjustments where required.

8. With Optimization and Acceleration now turned off, VistaOne uses days eleven through fifteen to complete and present performance reports to contrast with the previously created baseline performance reports, from which a purchase decision can be made.

9. VistaOne provides a comprehensive quote. You can keep the equipment or return it as outlined in the program's terms.

VistaOne and Exinda agree to send the organization indicated in the form at right ("Company") the equipment described, including all the pre-installed software (collectively the "Evaluation Product), for the sole purpose of evaluation in accordance to the following terms:

1. In the event of non-delivery or technical problems, Company shall notify VistaOne representative immediately. Not doing so indicates the receipt of Evaluation Product in good condition. Company shall keep Evaluation Product in good condition and assumes complete liability for loss, theft or damage of any kind (reasonable wear and tear excepted) to the evaluation product. Evaluation Product will be kept free and clear of all claims, mortgages, liens or encumbrances. Company shall comply with all software licensing agreements applicable to the software, hardware, operating systems installed or packaged with the Evaluation Product.
   
   
2. There is no charge to Company for evaluation of the Evaluation Product for the evaluation term.
   
   
3. The Evaluation Product is provided "AS IS" without any warranty, express or implied of any kind. Company is solely responsible for evaluating the Evaluation Product, including configuring and interfacing the Evaluation Product with third party products in Company’s operating environment. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Exinda DISCLAIMS ALL WARRANTIES, EXPRESS or IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE EVALUATION PRODUCT REMAINS WITH THE COMPANY.
   
   
4. TO THE MAXIMUM EXTENT PERMITTED BY APPLIACBLE LAW, IN NO EVENT SHALL Exinda or VistaOne be LIABLE FOR DAMAGES OF ANY NATURE INCLUDING DIRECT, INDIRECT, CONSQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) , WHETHER BASED IN TORT, CONTRACT OR OTHERWISE, WHICH ARISE OUT OF THIS AGREEMENT OR THE USE OF OR THE INABLITY TO USE THE EVALUATION PRODUCT, EVEN IF EXINDA HAS BEEN ADVISED OF SUCH DAMAGES.
   
   
5. Export of the Evaluation Product may require a license from the U.S. State Department or the U.S. Department of Commerce. Company certifies that it shall comply with the United States Export Administration Act of 1979, as amended from time to time, and U.S. Export Administration regulations.
   
   
6. This Agreement shall be governed by the laws of the state of Massachusetts (location of Exinda headquarters) without regard to conflict of laws principles.
   
   
7. This Agreement constitutes the complete and exclusive agreement among VistaOne, Exinda and Company with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This agreement may not be modified except in writing duly signed by authorized representatives of Exinda and Company.
   
   
8. The trial period for the Evaluation Equipment is thirty (30) calendar days from the "Requested Install Date" referenced above.
   
   
9. Unless an extension to the evaluation period is agreed upon in writing beforehand, all Evaluation Equipment must be returned to VistaOne within 15 calendar days of the evaluation period end date. After 15 days, customer will be responsible for full payment of all Evaluation Equipment and no return will be accepted.

NOTE: If you choose to return the product, it must be returned in its original condition and packaging along with email notification of the shipping/tracking number to orderfulfillment@vistaone.com.

Return Ship Location:
VistaOne Corporation
10001 Patterson Avenue
Suite 101
Richmond, VA 23238
Attn: Order Fulfillment