SW provides a wide range of resources and content via its Site, including software and software as a service offerings (“Applications”); web pages, data, messages, text, images, photographs, graphics, audio and video materials, press releases, white papers, product and service data sheets, communication tools, forums, chat areas, blogs, e-mail functions and other services whereby you can upload, download, share, e-mail, post, publish, transmit or otherwise access or make additional content. Applications and all materials, other information, content and services provided or accessed through the Site are collectively referred to as “Content.”
2. Limited Right to Use.
The Site is owned and operated by SW. Unless otherwise expressly stated, the Site and all Content are the property of SW or its suppliers, partners or other third parties and are protected by the copyright laws of the United States and, throughout the world by the applicable copyright laws. All rights, title and interests not expressly granted with respect to the Site and Content are reserved by SW. Some areas of the Site or Content provided on or through the Site may have additional rules, guidelines, license/subscription agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or Content (including terms and conditions applicable to a SW customer and its authorized users).
Your use of the Site and the Applications is subject to all agreements such as license/subscription or end user agreements between SW and you or the customer authorizing your access, including any Subscription or Services Agreement. The use of any Content on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws. Any personal data regarding other users may not be stored or collected.
No one under the age of eighteen (18) is eligible to use the Site, and SW requests that they do not submit information to SW.
You shall not do any act that would violate the Subscription or Services Agreement, if any, that allows you to access and use the Site. You shall keep confidential any user identification assigned to you and any password. You shall also not do or allow to be done any of the following: (a) bypass or disable any protections that may be put in place against unlicensed use of the Site; (b) perform, load, technical security, or other vulnerability testing of the Site; (c) use the Site to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, or transmit viruses, Trojan horses or other components designed to harm the functionality of a computer, server or network; (d) interfere with or disrupt the integrity or performance of the Site ; (e) create or develop any derivative works or any other software program based on the Site or the Applications; (f) use the Site or the Applications to provide processing services to third parties, commercial timesharing, rental or sharing arrangements, or on a “service bureau” basis; or (g) copy, reproduce, decompile, disassemble, or reverse engineer any portion of the Site or Applications.
You are solely responsible for the content of your communications and their legality under all applicable laws and regulations. You agree not to use this Site to share, distribute, link to or solicit content that is defamatory, derogatory, degrading, harassing, or promoting racism, hatred or harm to any individual or group, constitutes a personal attack; unlawful, promoting violation of applicable laws or regulations, libelous, harmful to minors, threatening, obscene, false, misleading; infringing or promotes the infringement of a third party intellectual, privacy or other rights; incorporating a third party’s confidential, sensitive or personal information; containing binary executable code; solicitous or promoting of funds, goods or services; or containing viruses, Trojan horses or other components designed to limit or harm the functionality of a computer.
4. Access to Password Protected or Secured Areas.
You shall not access or use the Site in order to damage, interfere with the proper functioning, overburden or impair (or attempt any of the foregoing), the Site or SW accounts, computer systems or networks (“System”) and agree to not use any robot, spider, scraper or other automated means to access the Site or the System. Access to and use of password protected or secured areas of the Site, is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on the Site and are responsible for notifying SW promptly of any changes to such information. You are solely responsible for maintaining the confidentiality of any username or password used to access the Site that you choose, is chosen by your web administrator on your behalf, or by SW if requested to do so. You are also solely responsible for all activities that occur under your username/password or as a result of access to the Site. You will not misuse or share your username, password or access to the Site, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Content you are exposed to through the Site. You agree to promptly notify SW of any unauthorized or suspected unauthorized use of the password(s) or account(s).
6. Links to Other Sites.
SW provided links to the Site and access to Content, products and services of third parties (“Linked Sites”). The Linked Sites are not under the control of SW and SW is not responsible for the content of any Linked Site or any link contained in a linked site. SW reserves the right to terminate any link at any time. SW may provide links from the Site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you access and use any of the Linked Sites, you do this entirely at your own risk. SW DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
9. Limitation of Liability.
IN NO EVENT SHALL SW OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE SOFTWARE OR CONTENT PRESENTED ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF SW OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE EXTENT PERMITTED BY LAW.
THE MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ALL WARRANTIES (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY DISCLAIMED WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, TO THE EXTENT PERMITTED BY LAW. Except as may be provided in a Service Agreement with a customer, SW makes no warranty that the Site or any Content purchased or obtained from the Site will meet any requirements or expectations, or that the Site will be available on an interrupted, timely, secure, or error-free basis, or that the results obtained from the use of the Site or its Content are accurate or reliable.
SW RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME AND WITHOUT NOTICE. ANY CONTENT ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED ON OR THROUGH THE SITE IS USED AT YOUR OWN RISK. SW SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
11. Export Restrictions.
The United States export control laws and regulations, including the Export Administration Regulations of the U.S. Department of Commerce, and other applicable laws and regulations apply to the Site and which prohibit the export or re-export of content, products, services, and technology to certain countries and persons. You shall not access or use the Site or Content in a U.S.-embargoed country (currently Cuba, Iran, North Korea, Sudan or Syria).
12. Applicable Laws.
All matters relating to access and use of the Site and Content provided on or through or uploaded to the Site shall be governed by the federal laws of the United States, and the laws of the State of California. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with your access and/or use of the Site shall be in Alameda County, California if in state court and in the Northern District of California if in Federal Court.