Terms Of Use
1. ACCEPTANCE
ScaleOut Software, Inc. ("ScaleOut") provides this web site, the materials
on this web site, and the services available through this web
site (the "Site") to you, subject to the following Terms
of Use ("TOU"). By using the Site, you accept the TOU
and agree to be bound by the TOU”. The TOU tell you what
you can expect from the Site, and what ScaleOut expects of you.
The Site is always evolving, so it's important that you periodically
check the most current version of the TOU for updates and new
information.
2. SCALEOUT SOFTWARE PRIVACY STATEMENT
Certain registration information and other information about you
may be collected by or through the Site. ScaleOut’s use of
this information is governed by the ScaleOut Privacy Statement.
3. PROHIBITTED USES
You agree that you will not:
- impersonate any person, including a ScaleOut employee or agent
on the Site;
- violate any local, state, or national law through or on the
Site;
- harass people through or on the Site;
- collect or store data about other people using the Site;
- use any device, software, or routine to interfere or attempt
to interfere with the proper working of the Site;
- take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of the Site;
- use the Site in any manner other than as expressly authorized
in the TOU;
- use any robot, spider, other automatic device, or manual process
to monitor or copy any content on the Site; or
- reproduce, duplicate, copy, sell, resell, or exploit for any
commercial purposes, any portion of the Site, use of the Site,
or access to the Site.
4. PERFORMANCE DATA
Performance tests and ratings are measured using specific computer
systems and components and reflect the approximate performance
of ScaleOut products as measured by those tests. Any difference
in system hardware or software design or configuration may affect
actual performance. For questions about our tests, please email
webmaster@scaleoutsoftware.com.
5. INDEMNITY
You will indemnify and hold ScaleOut, and its subsidiaries, affiliates,
officers, agents, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party
due to or arising out of your use of the Site, your violation
of the TOU, or your violation of any rights of a third party through
the Site.
6. MODIFICATIONS TO SERVICE
ScaleOut Software reserves the right at any time to modify or
discontinue, temporarily or permanently, the Site or any part
of it with or without notice. ScaleOut will not be liable to you
or to any third party for any modification, suspension, or discontinuance
of the Site.
7. TERMINATION
Either you or ScaleOut has the right to terminate or cancel your
user account at any time. You understand and agree that the cancellation
of your user account is your sole right and remedy with respect
to any dispute with ScaleOut. This includes, but is not limited
to, any dispute related to, or arising out of: (a) any term of
the TOU or ScaleOut's enforcement or application of the TOU; (b)
any policy or practice of ScaleOut, including the Privacy Statement,
or ScaleOut's enforcement or application of these policies; (c)
the content available through the Site; or (d) your ability to
access and use the Site.
ScaleOut, in its sole discretion, may terminate your user account
without notice, for any reason, including, without limitation,
if ScaleOut believes that you have violated or acted inconsistently
with the TOU. ScaleOut will not be liable to you for termination
of your user account.
8. LINKS
The Site may provide links to third party web sites. ScaleOut
has no control over these sites and is not responsible for their
availability, does not endorse them, and is not responsible or
liable for any content, advertising, products, or other materials
available from these sites. ScaleOut will not be responsible or
liable, directly or indirectly, for any damage or loss caused
by or in connection with use of or reliance on any content, goods,
or services available on or through these sites.
9. ScaleOut’S PROPRIETARY RIGHTS
The Site and any necessary ScaleOut software used in connection
with the Site contain proprietary and confidential information
that is protected by applicable intellectual property and other
laws. Your use of ScaleOut's software is governed by separate
license agreements that you must agree to in order to access the
Site. You must not access the Site by any means other than through
this software.
10. FEEDBACK
By submitting feedback to ScaleOut: (a) you automatically grant
to ScaleOut a perpetual, irrevocable, transferable, royalty-free
license to use your feedback for any purpose without any compensation
to you; and (b) you agree that you will not publish, submit, or
display your feedback to or on any other web site without ScaleOut's
prior written consent.
11. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. SCALEOUT
SOFTWARE 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. ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY MATERIAL THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM ScaleOut OR THROUGH OR FROM
THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TOU.
12. LIMITATION OF LIABILITY
SCALEOUT SOFTWARE Inc, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ScaleOut HAS BEEN ADVISED
OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE
OF THE SITE. UNDER NO CIRCUMSTANCES WILL ScaleOut'S TOTAL LIABILITY
OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING
BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND
REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT,
TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO ScaleOut
UNDER THIS AGREEMENT (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT
IN AN ACTION).
13. TRADEMARK INFORMATION
ScaleOut, the ScaleOut logo, StateServer, and other ScaleOut logos,
products, and service names are trademarks of ScaleOut. You must
not display or use them in any manner without ScaleOut’s
written permission.
14. GENERAL INFORMATION
ScaleOut may provide any notices to you pursuant to the TOU through
email, regular mail, or by displaying notices or links on the
Site. The TOU constitutes the entire agreement between you and
ScaleOut and governs your use of the Site, superseding any prior
agreements between you and ScaleOut. You also may be subject to
additional terms and conditions that may apply when you use other
ScaleOut services and software. The TOU and the relationship between
you and ScaleOut will be governed by the laws of the State of
Washington, without regard to its conflict of law provisions.
You and ScaleOut agree to submit to the personal and exclusive
jurisdiction of the state and federal courts located within King
County, Washington. The failure of ScaleOut to exercise or enforce
any right or provision of the TOU will not constitute a waiver
of the right or provision. If any provision of the TOU is found
by a court of competent jurisdiction to be invalid, the other
provisions of the TOU will remain in full force and effect. Any
claim or cause of action arising out of or related to use of the
Site or the TOU must be filed within one year after the claim
or cause of action arose or be forever barred.
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