1. Acceptance

ScaleOut Software, Inc. (“ScaleOut”) provides this website, the materials on this website, and the services available through this website (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. Prohibited 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 [email protected].

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 websites. 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 website 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 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

The ScaleOut logo and ScaleOut products and service names are trademarks or registered 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.