IMPORTANT- READ CAREFULLY: THIS CUSTOMER FORUM USER AGREEMENT ("USER AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AS A SINGLE INDIVIDUAL OR ENTITY) AND COMMVAULT SYSTEMS, INC. ("COMMVAULT") FOR PARTICIPATION IN THE CUSTOMER FORUM AND USE OF THE RELATED MATERIALS (THE "MATERIALS") PROVIDED HEREIN. BY ACCESSING AND USING THE USER FORUM AND MATERIALS, YOU AGREE TO BE BOUND THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. THIS USER AGREEMENT GOVERNS YOUR USE OF THE CUSTOMER FORUM SITE (THE “SITE”) AND THE MATERIALS ONLY. IF YOU DO NOT AGREE WITH THE TERMS CONTAINED HEREIN, YOU SHALL NOT HAVE ACCESS TO OR PERMISSION TO USE THE SITE OR THE MATERIALS.
This User Agreement for the use of the Site and Materials may be modified from time to time, in Commvault’s sole discretion. Any changes to this User Agreement will be posted on our Maintenance Advantage website. In the event that you disagree with any future changes to this User Agreement, you may simply cancel your membership and cease your participation. You agree that if you continue to access and use the Site or Materials, your continued access and use constitutes your acceptance of any changes. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
In the event that you do not agree with the terms and conditions of this Agreement, do not continue to use this Site and do not complete the registration process.
Commvault requires you to register to access and use the Site. In this registration process, you may choose a member name ("Member Name") and a password. Your Member Name will be used to identify you on the Site. You may not have more than one account or Member Name, and only one email address for your participation in the forum and use of the Site. By registering, you certify that the email address you provide in the registration is accurate and belongs to you or that you have the right to use it; otherwise, if that is not true, we have the option of prohibiting your use of the Site and suspend your participation in the forum.
You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your Member Name and password. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to notify Commvault immediately at email@example.com of any unauthorized use of your account or any other breach of security you learn about. Although Commvault will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Commvault or others due to such unauthorized use.
- Use of the Site - Permissions and Restrictions
Commvault hereby grants you permission to access and use the Site and Materials as set forth in this Agreement, subject to the following restrictions (the "Code of Conduct"):
- The Site and Materials are only available for use by individuals who are age 13 or over.
- The Site may not be used by scripts, machines or automated services without express written consent of the site ownership.
- The Site may be used only for lawful purposes. You may not use the site to abuse other members or to be involved in conduct that Commvault finds objectionable. You must comply with all applicable local, state, national and international laws, regulations or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use the Site for any criminal or illegal activities or any activities that might be legally actionable.
- You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The export control laws of the United States and other jurisdictions regulate the export of certain technology. This includes email transmission of certain information to foreign countries and foreign nationals. You agree to abide by these laws.
- You shall not engage in any of the following activities, which are strictly prohibited under this Agreement:
- Using a Member Name or posting, transmitting or linking to any text or images that are sexually explicit, pornographic, violent, racially or ethnically objectionable or patently offensive to the online community.
- Posting, transmitting or linking to defamatory and libelous statements or other statements that would violate any third party's privacy or publicity rights.
- Posting, transmitting or linking to profane language, descriptions of situations or scenarios considered, in the opinion of Commvault, inappropriate for the forum membership.
- Impersonating any person or using a name that you are not authorized to use.
- Planning illegal activities, such as creating computer viruses, building a bomb or counterfeiting money or pirating software, serial numbers of products for which you do not have a registered license.
- Advertising, promoting in any way or offering to sell any goods or services for any commercial purpose.
- Soliciting individuals for employment other than in designated areas (for example, within a discussion thread).
- Soliciting individuals to purchase products or services comparable to or competitive with Commvault.
- Posting links in open questions or in personal profiles that lead to a competitor's site.
- Promoting any products or services that are unlawful at the location at which the content is posted or received.
- Posting any content that infringes any third party's intellectual property rights or violates any confidentiality agreements or contracts of employment.
- Posting, transmitting or linking to statements that are intentionally false or misleading.
- Introducing viruses, worms, harmful codes or Trojan horses. Spamming, flaming or other similar activities, such as arguments between any one in a question.
- Violating system and network security.
- Misusing system resources, including but not limited to, employing posts or programs which consume excessive CPU time or storage space, or permitting use of mail services, mail forwarding capabilities, POP accounts or auto-responders other than for your own account.
- Altering or modifying the Site without the express written permission of Commvault.
If you notice a problem with other members not following the Code of Conduct, please notify us by contacting us at firstname.lastname@example.org Commvault reserves the right to determine, at its sole discretion, what constitutes a violation of the Code of Conduct. If Commvault believes that a violation of this Code of Conduct has occurred, Commvault has the right, but not the obligation, to take corrective action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content, or suspension or termination of your membership and access to the Site.
- Content License
Commvault enables Members to post problems or questions, proposed solutions or answers, information, comments and other content ("Your Content") to its Site. When you post Your Content to the Site, you understand and agree that Your Content can be viewed and used by other Members who visit the Site with or without attribution.
You represent and warrant that you own or otherwise control all of the rights to Your Content and that use of Your Content by Commvault and its affiliates will not infringe upon or violate the rights of any third party. Before you post any information or content that is protected by intellectual property laws, you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.
By registering with Commvault and posting Your Content on the Site, you hereby grant Commvault a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative works from Your Content in any form, media or technology, whether now-known or hereafter developed. You also grant Commvault and its affiliates and sub-licensees the right to use the Member Name that you submit with Your Content for purposes of attribution. If you do not wish to have Your Content attributed to you, then you must notify us at email@example.com.
- Commvault’s Intellectual Property Rights
You acknowledge and agree that Commvault owns all right, title and interest in (i) the Materials; (ii) the Site; (iii) the technology available on the Site; and (iv) all copyrights, patents, trademarks and other intellectual property rights therein. Any use of the Commvault Materials, Site, technology, and/or the copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement, or otherwise licensed to you by Commvault, is not licensed and is strictly prohibited.
You agree that you will obtain the express written permission from Commvault before you copy, upload, transmit, reproduce, distribute or in any way exploit any Materials, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the Commvault Site. This Agreement does not constitute a license to use Commvault’s names, trademarks, logos, service marks or any other trade insignia (the “Trademarks”). Any use of Commvault’s Trademarks shall be pursuant to Commvault’s prior written consent.
- Disclaimers of Warranty
Other than providing a framework in which Members post problems or ask questions and self-appointed Experts provide answers and/or comments, Commvault does not review or verify the content of postings at its Site. The Members who participate in the forum have not been licensed, certified or tested, nor have they met any requirements other than completing our registration form, which, has not been reviewed or verified by us. You may review each Member's information including their profile, a list of questions answered and grades received, by clicking on their Member Name.
You understand that when using the Site, you will be exposed to user submissions from a variety of sources, and that Commvault is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. You further understand that users may upload files containing bugs, viruses, Trojan horses, or the like, that if you elect to download any file, you and not Commvault, are responsible for taking necessary precautions to avoid any harm from such files. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Commvault with respect thereto, to the fullest extent allowed by law regarding all matters related to your use of the Site.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
COMMVAULT MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE OR WITH THE SERVICES. COMMVAULT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
COMMVAULT MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.COMMVAULT DOES NOT WARRANT THAT THE SITE OR SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS. NOR DOES COMMVAULT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USED OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.
No advice or information, whether oral or written, obtained by you through the services shall create any warranty, whether by implication, estoppel or otherwise. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
- Limitation on Liability
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT SHALL COMMVAULT, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY OR CONTENT AVAILABLE ON THE SERVICES BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (I) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THE SERVICES; (II) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (IV) FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, EVEN IF COMMVAULT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your sole and exclusive remedy with respect to the use of any Services provided by Commvault shall be to discontinue of your membership upon the expiration of the current term of your membership. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; in those jurisdictions our liability shall be limited to the extent permitted by law.
You agree to defend, indemnify and hold harmless Commvault, its officers, directors, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys' and experts' fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of the Site or Materials; (iii) all conduct and activities occurring under your Member Name and password; (iv) any defamatory, libelous or illegal material contained within Your Content or your information and data; (v) any claim or contention that Your Content or your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; and (vi) any third party's access or use of Your Content or your information and data. Commvault reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of Commvault, which shall not be unreasonably withheld.
Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of Commvault, and in purported assignment in violation of this provision is void. Commvault’s rights under this Agreement are fully assignable without prior notice to you.
If any provision of this Agreement or portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Applicable Law and Jurisdiction
This User Agreement shall be governed by the laws of New Jersey, USA, without regard to any provisions concerning the applicability of the laws of other jurisdictions.