Terms of Use

Effective as of: April 3, 2017

Welcome to the Pluribus Networks website. This website, along with all other related websites on which a link to these Terms of Use are displayed (collectively, the “Site”) is provided to you by Pluribus Networks, Inc., located at 2455 Faber Place, Suite #100, Palo Alto, CA 94303 (“Pluribus Networks”). By accessing or using the Site or any content or service provided on the Site, you are agreeing to follow and be bound by the following terms and conditions concerning your use of the Site (“Terms of Use”), as well as our Privacy Policy, which is incorporated into these Terms of Use by this reference. If you are agreeing to these Terms of Use on behalf of any entity (such as your employer or the company you work for), you represent that you have the legal authority to bind, and do hereby bind, that entity to these Terms of Use.

We may revise the Terms of Use and Privacy Policy at any time without notice to you. When such changes are made, Pluribus will make the updated Terms of Use available on the Site and update the “Effective As Of” date at the beginning of these Terms of Use accordingly. Please check these Terms of Use periodically for changes. Any changes to the Terms of Use will apply on the date that they are made, and your continued access to or use of the Site after the Terms of Use have been changed shall constitute your binding acceptance of the changes.

Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

Use of Web Site Information

You acknowledge and agree that Pluribus Networks (or, as applicable, Pluribus Networks’ licensors) own all legal right, title and interest in and to the Site, and all intellectual property rights therein.  The content, organization, graphics, design, compilation, magnetic translation, digital conversion, visual interfaces, methods, “look and feel”, and other matters related to the Site (collectively, the “Pluribus Materials”) are owned by Pluribus Networks, and are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. Pluribus Networks reserves all rights in and to the Pluribus Materials not expressly granted to you in these Terms of Use. Furthermore, all trademarks, service marks, and trade names contained in the Pluribus Materials are proprietary to Pluribus Networks or its licensors. Except as expressly set forth herein, your use of the Site does not grant you ownership of or any other rights with respect to any content, code, data, user comments or other materials that you may access on or through the Site.

You may download, view, copy and print documents and graphics incorporated in these documents (the “Documents”) from the Site, subject to the following: (a) the Documents may be used solely for informational purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from the Site, in whole or in part, without the express authorization of Pluribus Networks.

You agree that you are responsible for your own conduct while accessing or using the Site or the Documents, and for any consequences thereof. You agree to use the Site and the Documents only for purposes that are legal, proper, and in accordance with these Terms of Use and any applicable laws or regulations. By way of example, and not as a limitation, in your access and use of the Site or Documents, you may not, and may not allow any third party to: (a) copy, print (except for the express limited purpose permitted above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Documents retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any content and/or Documents from the Site; (d) use any content or Documents from the Site in any manner that may infringe any copyright, proprietary right, or other intellectual property right of Pluribus or any third party; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained on the Site or any Documents; (f) make any portion of the Site or the Documents available through any timesharing system, service bureau, or any other similar technology now existing or developed in the future; (g) remove, decompile, disassemble, modify, adapt, translate, or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; (3) unsolicited telephone calls or facsimile transmissions; or (4)viruses, worms, Trojan horses, or any other items of a destructive or deceptive nature; (j) interfere with other users’ enjoyment of the Site or the Documents; (k) reformat or reframe any portion of the Site; or (l) use the Site or the Documents in a manner that violates any state or federal law.

Restrictions on Use of Software

Any use of software and accompanying documentation you download from the Site is subject to the terms of a separate software license agreement between you and Pluribus Networks. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.

Passwords and Security

Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network.

You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s), whether or not you are aware of those activities. You agree to notify Pluribus Networks immediately of any unauthorized use of your account(s) or password(s).

Third Party Web Sites, Content, Products and Services

The Site may provide links to external Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site (collectively, “External Sites”). You agree that Pluribus Networks is not responsible for the availability of, or content provided on, any External Sites, nor does Pluribus Networks endorse any advertising, products, or other materials made available from any External Sites. You should refer to the policies posted by the External Sites regarding privacy and other topics before you use them. You agree that Pluribus Networks is not responsible for any third party content we may make accessible to you through the Site – including, without limitation, opinions, advice, statements and advertisements – and you understand that you bear all risks associated with the use of such third party content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Pluribus Networks is not responsible for: (a) the quality of any third party products or services; and (b) fulfilling any of the terms of your agreement with the third party, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Pluribus Networks is not responsible for any loss or damage of any sort you may incur from: (x) dealing with any third party, (y) the availability or unavailability of any External Sites, or (z) any reliance you place on the completeness, accuracy, or existence of any advertising, products, or other materials on, or made available from, any External Sites.

Errors, Corrections and Changes

We do not represent or warrant that the Site or the Documents will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site or any Documents will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site or the Documents at any time, without notice to you. We reserve the right in our sole discretion to edit or delete any Documents, information or other content appearing on the Site, without notice to you.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, DOCUMENTS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PLURIBUS NETWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PLURIBUS NETWORKS MAKES NO WARRANTY THAT: (A) THE SITE OR ANY DOCUMENTS WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY DOCUMENTS, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. PLURIBUS NETWORKS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

PLURIBUS NETWORKS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

Limitation of Liability

IN NO EVENT SHALL PLURIBUS NETWORKS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold harmless Pluribus Networks, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site.

Privacy Policy

Pluribus Networks is concerned about your privacy and has developed a policy to address privacy concerns which is incorporated as a part of these Terms of Use. Please take the time to review the Privacy Policy, which describes the ways that Pluribus Networks collects, uses, stores, and discloses your personal information, and which is incorporated by this reference into these Terms of Use. You agree to the use of your data in accordance with the Privacy Policy.

Export Restrictions/Legal Compliance

You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Pluribus Networks in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.

Governing Law and Venue

All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of California, without regard to that State’s conflict of laws rules. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Santa Clara County, California. You and Pluribus Networks agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Copyright/Trademark Information

All contents of this Site are Copyright © 2014-2017 Pluribus Networks, Inc., Pluribus Networks®, nvOS®, iTOR®, NetVisor®,vRender®, vManage® and PluribusCare® are trademarks of Pluribus Networks, Inc.

Miscellaneous

These Terms of Use constitute the entire legal agreement between you and Pluribus Networks, govern your access to and use of the Site, and completely replace any prior or contemporaneous agreements between you and Pluribus Networks in related to your access to or use of the Site, whether oral or written. There are no third party beneficiaries to these Terms of Use. The parties are independent contractors, and nothing in these Terms of Use create any agency, partnership, or joint venture. The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly for or against any party. You may not assign any or your rights or obligations under these Terms of Use, whether by operation of law or otherwise, without the prior written consent of Pluribus Networks. Pluribus Networks may assign the entirety of its rights and obligations under these Terms of Use in its sole discretion to an affiliate or in connection with an acquisition, sale or merger of Pluribus Networks or substantially all of its assets. Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Pluribus Networks’ failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. Pluribus Networks’ rights under these Terms of Use shall survive termination.

More Information

If you have any questions regarding these Terms of Use or any other questions regarding the Site, please contact Pluribus Networks.