SYSTAP, LLC
WEBSITE TERMS OF USE

(Revised May 2015)


 

01

General

This Website Terms of Use Agreement (“Agreement”) governs your access to and use of the websites operated by SYSTAP, LLC (“SYSTAP,” “our,” “us,” or “we”) and located at www.systap.com, www.blazegraph.com, wiki.blazegraph.com, blog.blazegraph.com, jira.blazegraph.com, ci.blazegraph.com, and www.mapgraph.io(each, a “Website” and together, the “Websites”). By accessing, browsing, using and interacting with any Website,you agree that you have read, understood, and accept this Agreement. Please read it carefully and let us know if you have any questions. If you do not agree with any of the terms herein, do not use the Websites. This Agreement does notgovern your use of any products or services that may be offered by SYSTAP from or in connection with the Websitesor otherwise, which are subject to their own terms and conditions.You must accept any terms and conditions relating to products and/or services as a condition to receiving such products and/or services.

02

Use of the Websites

You may only use eachWebsite for its intended purpose and solely in accordance with this Agreement. In addition, you may not restrict or inhibit any other person from using or enjoying the Websites. The Websites may contain links to other Internet Websites and third-party resources, and we may employ third party technologies in connection with our Websites that require you to accept such third party’s terms.SYSTAP is not responsible for either the availability of these outside resources or their content, including for any products or services you may obtain by contacting any person or entity as a result of use of aWebsite or the features thereof. SYSTAP may, but is not obligated to, monitor your use of the Websites.

03

Intellectual Property

The content of theWebsites is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display the materials on this Websites solely for your own personal, non-commercial use. You may not remove any legends placed thereon. You may not “mirror” any content contained within theWebsites without our express prior written consent. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written consent, or the consent of the applicable copyright owner. SYSTAP does not grant you any licenses, express or implied, to the intellectual property of SYSTAP or its licensors except as expressly stated in this Agreement.

04

Transmission of Content

Any material, information or ideas that you transmit to or post to or through theWebsites by any means will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used by for any purpose whatsoever. Notwithstanding the foregoing, all personal information provided by you will be handled in accordance with SYSTAP’sPrivacy Policy , which is hereby incorporated by reference and made a part of this Agreement.You hereby agree to the terms of such Privacy Policy.

05

International Use

TheWebsitesare controlled and operated by SYSTAP from within the United States. SYSTAP makes no representations that materials contained within the Websites are appropriate or available for use in other locations, and access to the Websites from locations where such activity is illegal is prohibited. Those who choose to use the Websites from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.

06

U.S. Government Restricted Rights

The content of theWebsites is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.

07

Limitation of Liability

THE WEBSITESAND THEIR CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL SYSTAP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITES OR ITS CONTENT, EVEN IF SYSTAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SYSTAP’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

08

Term and Termination

This Agreement is effective as of the date of your first access or use of any of theWebsites, and shall remain in effect for the duration of your access or use. Your right to use the Websitesshall automatically terminate upon your breach of the Agreement.

09

General

The laws of the State of North Carolina, excluding its conflict of law principles, govern this Agreement and your use of the Websites. Any suit to enforce this Agreement shall be brought exclusively in the state or federal courts sitting in Greensboro, North Carolinaand you hereby consent to the jurisdiction of such courts and waive any venue objection. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. “SYSTAP,” and all associated logos displayed within the Websitesare our trademarks (unless otherwise noted). The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.

10

Contacting Us

All questions, comments, feedback and other communications regarding the Websites or products and services offered by SYSTAP should be directed to contracts@SYSTAP.com.

11

Copyright Policy

If you believe that your work has been copied and posted on any of the Websites in a way that constitutes copyright infringement, please send our Copyright Agent a notice of infringement with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Websites; (d) your address, telephone number, and primary email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You may file a notice of infringement with our designated Copyright Agent.

It is our policy to respond to notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act (“DMCA”). Our designated Copyright Agent to receive DMCA communications (including notices and counter-notices of alleged infringement) is: Copyright Agent, Bradley Bebee, 1875 Connecticut Ave NW, 10th FLR, Washington, DC 20009, Email: privacy@blazegraph.com, Phone: 202-642-7961 Upon receipt of a proper DMCA notice of infringement, we will promptly remove or disable access to the content that is the subject of the notice.