In the event that you concede the software on a capacity basis, the software can, if you exceed the maximum acquired capacity, adjust its normal operation and/or compromise performance; provided, however, that reducing your usage to the level of acquired capacity or purchasing additional capabilities will bring the Software back to its normal functioning. Any excessive use of capacity above the maximum acquired allows Commvault to charge you for the capacity granted and the amounts of maintenance and assistance due, and if you do not pay for excessive use, Commvault is entitled to self-help or other corrective measures available. You provide Commvault with all usage reports immediately upon request (and you must not interfere with automated reporting functions) so that Commvault can verify your usage rate. You can: (i) use the software with the version number mentioned here or the lower version number in numbers corresponding to the number of licenses purchased for all items, or if you concede the software on a capacity basis, up to the maximum capacity acquired; (ii) to make copies of the software, documentation or other user information accompanying the software only for backup purposes, provided that these backup copies are only used as a replacement for the original copy on the same computer on which the software was previously installed; and (iii) to create or print a copy of the documentation in electronic form only for your internal use, and you can only use Commvault trademarks for these purposes, but you must include all patent, copyright, trademark and other references contained in the materials, copies or partial copies you make. With the exception of the software available to you for beta, demonstration, testing or evaluation or marked “No resale,” Commvault ensures that the licensed software is new and essentially works in accordance with its user documentation for a period of ninety (90) days from the date of Commvault or its licensees who provide you with the software (hereafter the “guarantee period”). If, during the warranty period, you think a software product is defective, commvault should be immediately notified in writing. Nothing in this CLAT is intended to exclude, restrict or alter the rights you have under current legislation, which cannot be excluded, restricted or amended by agreement (hereafter “non-excluded legal rights”). Except for non-excluded legal rights that cannot be limited or changed by convention, Commvault is solely responsible for them and your sole recourse to the choice of Commvault (i) repair or replacement of the software product that does not correspond to this limited warranty, or (ii) the return of the amount you pay for the product of the software that does not correspond to the restricted warranty, in which case you must uninstall or destroy the software.