Limitations on Use. Except as otherwise indicated on a particular page, the Site is geared toward users of Netwitness products and services. This Site is controlled and operated by Netwitness. Netwitness makes no representation that materials available on the Site are appropriate in every country, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site are responsible for compliance with local laws.
Registration. You agree that all information you submit at registration is accurate and that you will keep it current. If we have reasonable grounds to suspect that the registration data is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account. It is your responsibility to maintain the confidentiality of your account information, and you are responsible for all use of the Site accessed through it. You acknowledge and agree that we may send you important information and notices regarding your account and the Site by email, text messaging or other means based on the information you provide to us.
You agree to notify Netwitness immediately of any unauthorized use of your password(s). You must provide current, accurate, and complete information about yourself that may be required as part of the account creation process and/or continued use and participation in any Netwitness Community You must maintain and promptly update any account information provided to Netwitness to keep it accurate, current and complete.
2. Rules of Conduct
You understand and agree that:
- You must always participate in Netwitness Communities as yourself and when applicable, correctly identify any affiliation you have with another organization.
- You will not impersonate any other person, misrepresent your affiliation with any organization or submit content on behalf of any other person or entity.
- You will not submit content in exchange for payment or consideration received from any third party.
- You will not collect information about other Site users without their consent.
- You will treat other Site users with respect.
- The contributions of Netwitness employees are their personal opinions and do not represent Netwitness official positions, opinions, statements or policies. Netwitness makes no representations or warranties about such contributions posted or otherwise provided by Netwitness employees on the Site or as to the accuracy or reliability of such contributions.
- Netwitness is concerned about the privacy of its Site members. When you register for an account or access the, Netwitness may collect certain personal information about you. Netwitness's use of such information is governed by the provisions of the Dell Privacy Statement and the applicable Legal Notices. You agree that you have read and understand the Dell Privacy Statement and the applicable Legal Notices, both of which are hereby incorporated by reference and apply to your use of the Site.
- If the Site makes certain online space available to you, that space is personal to you and you may not sell, license, exchange or barter that space for any purpose.
- You agree not to upload, email, post, publish or otherwise transmit through any Netwitness Community any content that:
- Infringes on the intellectual property rights or other rights of any person or entity;
- Intentionally interferes with the Site’s operation;
- Violates any person’s privacy or publicity rights or breaches any duty of confidentiality that you owe to anyone or provides any non-public information about Netwitness or any other company or person without authorization (including the names and contact information for Netwitness employees and Site users);
- Is harassing, defamatory, abusive, pornographic, obscene or otherwise objectionable (in our sole judgement);
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, unsubstantiated or comparative claims regarding our or others’ products, third party advertising, spam, chain letters or any other solicitation, including solicitation of lawsuits. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation or part of an “affiliate” program as determined by Netwitness in its sole discretion.
- Netwitness may, but shall not be obligated, to monitor or review any community on the Site.
- You may not use the Site for commercial purposes. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertisement, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use, join or become members of any commercial online or offline service or other organization.
- You may download, view, copy and print materials and documents (collectively, the "Content") provided by Netwitness on the Site subject to the following:
- The Documents may be used solely for personal, informational, non-commercial purposes within your organization; and
- The Content may not be modified or altered in any way;
- The Content shall not be used for comparative or competitive analysis or bench marking testing or analysis of Netwitness products or services;
- The Content shall not be used for any competitive purposes as determined by Netwitness in its sole discretion. No other use of Content is authorized. You agree that any permitted copies of the Content which you make shall retain all copyrights and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Netwitness. All rights not expressly granted herein are reserved by Netwitness. ALL CONTENT PROVIDED BY NETWITNESS ON THE SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO CONTENT (OR PORTION THEREOF) PROVIDED BY NETWITNESS ON THE SITE MAY BE USED, MODIFIED, COPIED, DISTRIBUTED, DISPLAYED, REPRODUCED, LICENSED, PUBLISHED, TRANSMITTED, OR POSTED, IN ANY FORM OR BY ANY MEANS, WITHOUT THE EXPRESS PRIOR WRITTEN AUTHORIZATION FROM NETWITNESS. YOU ARE NOT AUTHORIZED TO CREATE DERIVATIVE WORKS OF ANY DOCUMENTS POSTED BY NETWITNESS ON THE SITE WITHOUT THE EXPRESS PRIOR WRITTEN AUTHORIZATION FROM NETWITNESS. IT IS A VIOLATION OF NETWITNESS'S COPYRIGHTS TO USE, REPRODUCE OR OTHERWISE MAKE AVAILABLE DOCUMENTS FROM THIS SITE FOR ANY COMPETITIVE, PUBLIC OR COMMERCIAL PURPOSES.
- Netwitness is not responsible for anything you say or post on the Site or for the use of the same by any Site users or third parties.
- If you post any Content to the Site, you are solely responsible for retaining a back-up copy of such. Netwitness is not responsible for any alterations, deletions or loss of any Content you post to the Site.
- Some Site users may post links to other websites. Netwitness is not responsible for the content of other websites associated with these links. Your use of these links and any content at such links is entirely at your own risk.
- You are responsible for any actions you may take based on information or advice you receive while on the Site. The decision to share information, conduct transactions with anyone, and/or implement the information, recommendations or advice posted on the Site is entirely at your own risk. Please conduct your own research prior to making any decisions.
- You are responsible for maintaining the confidentiality of any password(s) you receive to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Netwitness immediately of any unauthorized use of your password(s). You must provide current, accurate, and complete information about yourself that may be required as part of the account creation process and/or continued use and participation in the Site. You must maintain and promptly update any account information provided to Netwitness to keep it accurate, current and complete.
Any software which you download via the Site is subject to the terms and conditions provided in or with the software.
We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. We also reserve the right to discontinue any part of the Site at any time.
5. Third Party Websites, Content, Products and Services
The Site may provide links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors. Netwitness provides these links merely as a convenience for informational purposes and the inclusion of such links does not constitute or imply an endorsement or recommendation. You agree that Netwitness is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that Netwitness is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the access to and use of such websites and content therein.
If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Netwitness is not responsible for the quality of third party products or services and fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Netwitness is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
6. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, DOCUMENTS, OPINIONS, RECOMMENDATIONS, ADVICE, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON OR OBTAINED THROUGH THE SITE (COLLECTIVELY, THE "INFORMATION"), ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS. Netwitness AND ITS SUPPLIERS EXPRESSLY DISCLAIM 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 OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. Netwitness AND ITS SUPPLIERS MAKE NO WARRANTY THAT: (A) THE SITE 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 INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE ENTIRELY AND SOLELY AT YOUR OWN DISCRETION AND RISK. Netwitness AND ITS SUPPLIERS SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA AND/OR USE AND ANY OTHER DAMAGES TO YOUR COMPUTER SYSTEM(S) OR YOUR ENVIRONMENT, THAT RESULTS FROM OR IS RELATED TO THE SITE OR THE DOWNLOAD OR USE OF ANY INFORMATION OBTAINED THROUGH
THE SITE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR FROM Netwitness, ITS PARENT, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, THE "Netwitness PARTIES") THROUGH THE SITE SHALL CREATE ANY WARRANTY. PROBLEMS THAT ARE CAUSED BY YOUR USE OF, OR FAILURE TO PROPERLY USE, THE INFORMATION OBTAINED THROUGH THE SITE MAY, AT Netwitness'S SOLE DISCRETION, BE EXCLUDED FROM COVERAGE UNDER THE APPLICABLE Netwitness WARRANTY OR MAINTENANCE AGREEMENT.
7. Limitation of Liability
UNDER NO CIRCUMSTANCE SHALL Netwitness AND ITS SUPPLIERS 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 (A) YOUR ACCESS TO, OR USE OF OR INABILITY TO USE, THE SITE OR ANY INFORMATION (AS DEFINED IN SECTION 6 ABOVE), (B) YOUR RELIANCE UPON ANY OF THE CONTENT OR INFORMATION ON THE SITE, OR (C) Netwitness'S TERMINATION OR SUSPENSION OF YOUR ACCOUNT(S) OR ACCESS TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY Netwitness PARTY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF DURATION OF SUCH WARRANTY AND THE EXTENT OF THE Netwitness PARTY'S LIABILITY SHALL BE THE MINIMAL PERMITTED UNDER SUCH APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Netwitness, 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 and/or your agent's access to or use of the Site.
9. Export Restrictions/Legal Compliance
10. Feedback Ownership and Content License
Any information provided to Netwitness regarding Netwitness products and services shall be provided by the submitter and received by Netwitness on a non-confidential basis and such information shall be deemed the property of Netwitness. By submitting any such information to Netwitness, you agree to a no-charge assignment to Netwitness of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the information. Netwitness shall be free to use such information on an unrestricted basis.
For any other content provided to Netwitness, you agree that such information is provided to Netwitness on a non-confidential basis and by uploading, emailing, posting, disclosing, publishing or otherwise transmitting content to the Site or submitting any content to Netwitness, you automatically grant to Netwitness and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any ideas, expression of ideas or other information, content or materials you submit to any Site (collectively, “Materials”) without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Materials, and all rights therein, in the name of Netwitness or its designees throughout the universe in perpetuity in any and all media now or hereafter known.
The license shall also permit Netwitness and its designees to use portions of the Materials you submit, rerecord or modify any audio tracks or visual images you provide, rewrite any Materials you submit, and/or incorporate other materials, either created by Netwitness and its designees or licensed from third parties, with the Materials you submit. Any such works shall be deemed Materials owned by Netwitness and shall not be subject to your approval or payment by Netwitness or any compensation to you. We shall have the right, but not the obligation, to use your name, photograph, likeness, voice, performance, biography and other information about you in connection with the Materials you submit.
You also agree that we are free to use any of the Materials or any comments, information or ideas contained in any content or communication you submit to us or the Site, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to advertising and marketing, modifying the Site and developing products and services.
You acknowledge and agree that Netwitness and its designees may create on their own or obtain many submissions that may be similar or identical to the Materials you submit. You hereby waive any and all claims you may have had, may have, and/or may have in the future, that the Materials accepted, reviewed and/or used by Netwitness and its designees may be similar to your Materials.
11. Governing Law
All matters relating to your access to, and use of, the Site shall be governed by US federal laws or the laws of the Commonwealth of Massachusetts, excluding its conflict of law 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 Boston, Massachusetts. You and Netwitness agree to submit to the jurisdiction of, and agree that the venue is proper in, these courts in any such legal action or proceeding.
1. General; Incorporation by Reference
2. Netwitness® Content
- Content Provided By Netwitness. All Content provided, submitted or made available by Netwitness is the sole property of Netwitness and Netwitness retains all title to, ownership of and interest in such Content.
- Content Provided by You and all Forum Participants. You agree that all Content provided or submitted by you or any other Netwitness® Community Forum participant shall be deemed the property of Netwitness. By submitting such Content to Netwitness or to any of the Netwitness® Community Forums, you agree to an irrevocable, no-charge assignment to Netwitness of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the information. Netwitness shall be free to use such information on an unrestricted basis for any commercial or non-commercial purposes including, without limitation, for creating solutions, improving product and services documentation, creating examples or use in any other content areas without permission, royalties or other fees. If necessary, you will assist Netwitness, at Netwitness's expense, in perfecting its title to such Content.