Dear Sir/ Mdm,
As you know, the above referenced contract between Customer and VMware International Unlimited Company
(hereinafter referred to as “VMware”) expired on 2024 (“Expiration Date”), which means that Customer’s right to receive
the Support Services described therein expired on such date. As no new contract for licenses and support services has
been executed between the parties, such Support Services are no longer available and the related perpetual Software
licenses deployed in your environment are running unsupported.
Therefore, VMware immediately demands that all use of Support Services associated with VMware Software, including
Maintenance Releases/Updates, Minor Releases, Major Releases/Upgrades extensions, enhancements, patches, bug fixes
or security patches (with the exception of zero-day security patches for vSphere 7.x and 8.x, CVSS score greater than or
equal to 9.0, so long as those are generally provided by VMware at no cost) be ceased. Any such use past the Expiration
Date constitutes a material breach of your agreements with VMware and an infringement of VMware’s intellectual
property rights, potentially resulting in claims for enhanced damages and attorneys’ fees.
Additionally, as a reminder, please ensure that you comply with any post-expiration reporting requirements under the
relevant agreements you have with us. Failure to comply with such requirements may result in a breach of the agreement
by Customer and VMware exercising its right to audit Customer.
If you have questions or concerns, please contact your Broadcom/VMware Account Director.
This communication shall not prejudice or waive any rights or remedies that VMware may have as respects the subject
matter set forth herein, all of which are hereby expressly reserved.