PIVOTAL SOFTWARE, INC. TERMS OF USE

General

Please review these Terms of Use (the “Terms”) carefully before using the websites of Pivotal Software, Inc. (“Pivotal”) and any of its subsidiaries and affiliates (collectively “Pivotal”).  By accessing, browsing or using these websites, you fully acknowledge that you have read, understood and agree to abide by these Terms and comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use Pivotal websites. These Terms control your use of the websites, any content (such as text, data, information, software, graphics or photographs) that Pivotal may make available through the websites (collectively, “Materials”) and any services that Pivotal may provide through the websites (collectively, “Services”). The websites, Materials and Services are referred to in these terms collectively as the “Pivotal Websites.”

Pivotal reserves the exclusive right to modify or update these Terms, make changes to this website, or discontinue any or all of the programs, products or services described in this website, without providing further notice. Additional or different Terms, notices and conditions may apply to specific information, products, materials, software or services offered through the Pivotal Websites. Should a conflict arise, such additional or different terms, notices and conditions will prevail over these Terms, at which point please refer to the applicable notice or agreement.

Use of Software

To the extent that Pivotal provides for the download of proprietary Pivotal software or open source software from Pivotal Websites (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either Pivotal or the third-party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.

All evaluation Software is provided “AS IS” for evaluation and internal use only.  You may not use evaluation Software for commercial, development or production purposes.  In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.

Governing Law and Jurisdiction

Pivotal Websites are controlled and maintained by Pivotal from its headquarters in Palo Alto, California, United States of America. These Terms, the relationship between you and Pivotal, and all matters relating to your access to, or usage of Pivotal Websites, are governed by United States federal law and the laws of the State of California. Thus any lawsuit or legal proceeding relating to these Terms, the relationship between you and Pivotal, or your access to, or usage of, Pivotal Websites shall be brought in the state or federal courts located in the county of Santa Clara, California. You hereby agree that venue is proper in, and agree to submit to the personal and exclusive jurisdiction of, these courts in any lawsuit or legal proceeding.

Trademarks

Pivotal reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of its subsidiaries and affiliates, registered in the United States or in other countries, are collectively titled “Pivotal Marks.”

 

The Pivotal Marks are highly valued intellectual property, and therefore Pivotal will take the necessary insurances to protect against dilution and usage of third-party marks that are confusingly similar to Pivotal Marks or which are likely to cause confusion with Pivotal Marks.

Trademark License Agreement: You are required to sign a Trademark License Agreement prior to using any Pivotal trademarks and/or logos.

Trademark Attribution: When Pivotal trademarks are used, the following trademark attribution is required in text and on all packaging or promotional materials displaying any Pivotal trademarks:

Pivotal, (list all other Pivotal trademarks and logos referenced in the document or materials) are trademarks and/or registered trademarks of Pivotal Software, Inc. in the United States and/or other countries.

Example of trademark attribution for material displaying the Pivotal, Pivotal logo, Greenplum, Cloud Foundry and GemFire trademarks:

Pivotal, the Pivotal logo, Greenplum, Cloud Foundry and GemFire are trademarks and/or registered trademarks of Pivotal Software, Inc. in the United States and/or other countries.

Placement: The trademark attribution should be placed on packaging or promotional materials in close proximity to where the Pivotal trademarks or logos are displayed and must be noticeable to the reader.

Any use of the Pivotal trademarks must comply with Pivotal’s trademark and logo usage guidelines found here.

 

Pivotal does not object to the use of the Pivotal Marks (other than logos) to refer specifically to the products of Pivotal.  However, a purely referential use or nominative fair use of the Pivotal Marks must be in plain text.  Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.

In the United States, registered Pivotal Marks should be designated by the symbol “®”, while unregistered Pivotal Marks should be identified by a “™” designation.  The Pivotal Marks must be used as adjectives, rather than as nouns or verbs.

Please note that other product and brand names are trademarks of their respective companies.

Linking To Pivotal Websites

Linking to the Pivotal Websites (including an internal or subsidiary page of any website comprising a part of the Pivotal Websites) must be approved in writing by Pivotal, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:

  1. does not utilize content of a Pivotal Website;
  2.  
  3. does not utilize a Pivotal logo;
  4.  
  5. does not use framing of a Pivotal Website;
  6.  
  7. does not misrepresent an affiliation or other relationship with Pivotal;
  8.  
  9. does not misrepresent any possible endorsement by Pivotal;
  10.  
  11. does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
  12.  
  13. is promptly modified to delete the hyperlink upon request by Pivotal.

Copyright

Except where otherwise specified, the contents of the Pivotal Websites are copyright (c) 2013-2014 Pivotal Software, Inc., 3495 Deer Creek Road, Palo Alto, CA 94304, USA. All rights reserved.

The contents of the Pivotal Websites are subject to protection under U.S. and foreign copyright laws. You may not copy or distribute any portion of the Pivotal Websites, except as necessary to view the Pivotal Websites.

Copyright Infringement Claims

Pivotal, its subsidiaries and affiliates respect the intellectual property of others. If you have reason to believe that your work has been copied in a manner that constitutes copyright infringement, please notify the Pivotal Legal Team of your claim of infringement by submitting in writing all of the following:

  • Your contact information, including your mailing address, telephone number(s), and e-mail address;
  • Your original or electronic signature, or that of the individual authorized to act on behalf of your interests as the copyright owner;
  • A detailed description of the copyrighted material or work that you claim has been copied in a manner that constitutes copyright infringement;
  • A detailed description of where on this website the copyrighted material or work that you claim is infringing is located. In your description, please include the URL and the exact date on which the material or work was displayed;
  • A declaration made by you attesting to your good-faith belief that the alleged infringement has not been authorized by you as the copyright owner, your agent, or the law;
  • A declaration made by you, under penalty of perjury, attesting that all of the information provided above is accurate and that you are the copyright owner or is authorized to act on behalf of the copyright owner for any and all matters relating to the claimed copyright infringement.

You may send a notice of claim of copyright infringement to the Pivotal Legal Department at:

Pivotal Software, Inc.
ATTN: Legal Department
3495 Deer Creek Road
Palo Alto, CA 94304
E-mail: legal@gopivotal.com

Links to Third Party Sites

The Pivotal Websites may contain Links to third-party websites, which are provided solely for your convenience. Accessing these links will cause you to leave the Pivotal Websites. Pivotal does not endorse or make any representations about such third party websites, and Pivotal is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Pivotal exercises no control over those websites and holds no responsibility over the contents of any third-party websites, any links contained in third-party websites or any modifications or updates made to third-party websites. Further, Pivotal shall not be held liable for any losses or damages incurred by users of these third-party websites. Please note that access and usage of these linked third-party websites, including any materials, information, services and products described or provided therein, is made solely at your own risk and discretion.

Anti-Piracy and License Compliance

Pivotal safeguards its technology vigilantly and only authorizes others to use it by virtue of license agreements.  Using or distributing Pivotal software without permission from Pivotal constitutes software piracy.  Pivotal distributes and sells its product through a channel network of distributors and resellers worldwide.  Pivotal does not distribute or sell its product through unauthorized channels such as peer-to-peer networking, file-sharing sites, auctions, or through other illegal download sites offering key or serial number generators.  If you are contemplating or have obtained Pivotal software through one of these avenues, you likely will find yourself with pirated software.  Please contact Pivotal here legal@gopivotal.com for assistance with your own or another’s unauthorized use of Pivotal software.

 

Pivotal also understands that some customers may have challenges with managing their software licenses.  In these instances, Pivotal’s Legal Team may assist by reviewing deployment records and reconciling them with Pivotal’s internal entitlement records.  The goal of this program is to educate Pivotal’s customers on the terms of their licenses with Pivotal and to bring the entitlement records in line with usage.  Please contact Pivotal’s Legal team with questions or issues about your company’s usage at legal@gopivotal.com.

Indemnification

You agree to indemnify, defend and hold Pivotal, its parents, subsidiaries, affiliates, officers, directors, agents, partners, employees and licensors harmless from any claims, liabilities, demands, losses, damages, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the Pivotal Websites or violation of these Terms. Pivotal reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Pivotal’s defense of such claim, and in no event may you agree to any settlement affecting Pivotal without Pivotal’s written consent.

Electronic Communications

When you visit the Pivotal Websites or send e-mails to Pivotal, you are communicating with Pivotal electronically. We may respond to you by e-mail or by posting notices on the Pivotal Websites. You agree that all such notices, disclosures and other communications that Pivotal provides to you electronically satisfy any legal requirement that such communications be in writing.

United States Government Rights

All Pivotal products and publications are commercial in nature. The software, publications and software documentation available on the Pivotal Websites are “Commercial Items,” as that term is defined in 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), and used in 48 C.F.R. §12.211, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19 and other relevant sections of the Code of Federal Regulations, as applicable, Pivotal’s publications, commercial computer software and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation and the terms and conditions herein.

Disclaimers and Warranties

Information on the Pivotal Websites is not promised or guaranteed to be correct, current or complete, and the Pivotal Websites may contain technical inaccuracies or typographical errors. Pivotal assumes no responsibility (and expressly disclaims responsibility) for updating the Pivotal Websites to maintain current information or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any products, services or other matters described in the Pivotal Websites. Pivotal provides no assurances that any reported problems will be resolved by Pivotal, even if Pivotal elects to provide information with the goal of addressing a problem.

ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE PIVOTAL WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. PIVOTAL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PIVOTAL MAKES NO WARRANTY THAT THE PIVOTAL WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE PIVOTAL WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Limitation of Liability

IN NO EVENT WILL PIVOTAL BE LIABLE FOR: (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR; (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE PIVOTAL WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF PIVOTAL HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations

The exclusion of certain warranties or the limitation or exclusion of liability for certain damages may not be authorized in some jurisdictions. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Pivotal may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Pivotal’s liability shall be the minimum permitted under such applicable law.

Legal Contact Information

Should you have any inquiries about these Terms, the licensing or usage of Pivotal trademarks, or Pivotal copyrighted materials, you may contact the Pivotal Legal Department at legal@gopivotal.com.

These Terms of Use were last updated on August 1, 2013.

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