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Nimble Storage

Website Terms of Service

Effective May 8, 2017

Copyright 2007-2017 Nimble Storage, Inc. All rights reserved.

Please read these terms of use (the “Terms”) carefully before using the websites of Nimble Storage, Inc. (“Nimble”).  The materials on these websites are provided as a service to you and may be used for informational and internal commercial purposes only. The terms and conditions set forth below apply to all visitors to or users of the Nimble websites. By accessing the Nimble websites, using any services (“Services”), accessing or downloading any content or software, or accessing or downloading any materials or documentation (“Documentation”) provided on the Nimble websites, you indicate that you understand and agree to the Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.  The Nimble websites, Services, software, content, materials and Documentation are collectively referred to as the “Sites”. If you do not agree to these Terms, you may not access or download from the Sites, or use any Services, content, or other materials made available on the Sites. These Terms, shall remain in full force and effect notwithstanding any termination of your use of the Sites.

These Terms, together with any additional or different terms to which you agree when using particular elements of the Nimble Sites (including but not limited to Nimble Cloud Volumes, NimbleConnect, or Infosight) constitute the entire agreement between you and Nimble.  To the extent Nimble provides for the download of software from the Sites, such software is protected by the intellectual property rights of either Nimble or the third party licensor.  Any use of such software is subject to the terms of the applicable end user or open source license agreement.  In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms.

As between you and Nimble, Nimble exclusively owns and reserves all right, title and interest in and to the Sites.  All rights not expressly granted herein are reserved.

The trademarks, logos, and service marks (“Marks”) displayed on the Sites are the property of Nimble or third parties. You are not permitted to use these Marks without the prior written consent of Nimble or such third party which may own the Mark.

ALL CONTENTS ON THESE SITES ARE PROTECTED BY COPYRIGHT AND, WHERE APPLICABLE, OTHER INTELLECTUAL PROPERTY RIGHTS. EXCEPT AS EXPRESSLY SPECIFIED ABOVE, NO PORTION OF THE INFORMATION ON THE SITES MAY BE REPRODUCED, MODIFIED, PUBLISHED, UPLOADED, POSTED, TRANSMITTED, OR DISTRIBUTED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM NIMBLE, AND NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS CONFERRING BY IMPLICATION, ESTOPPEL OR OTHERWISE ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK OR COPYRIGHT OF NIMBLE OR ANY THIRD PARTY.

Nimble may make changes to these Terms or change or remove features of the Sites. Nimble will notify you of any material change to these Terms by sending you an email or by posting a notice of the modification on the relevant Site(s).  Your continued use after the date of the modification shall be deemed acceptance of the modified Terms.  References to non-Nimble products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.  The Sites may contain links to third-party sites. Nimble provides these links merely as a convenience to you, and inclusion of such links in no way implies an endorsement of the linked site or the products and services referenced on that site. The linked sites are not under the control of Nimble, and Nimble is not responsible for the accuracy or reliability of any information, opinions, advice or statements made on these linked sites. Access to any of these linked sites is at your own risk.

By using or downloading the Site, Services, related software or Documentation, you agree to the following restrictions that you shall not nor allow any third party to:

(a) modify, adapt, alter, translate, or create derivative works from the Site, related software, Services or Documentation;

(b) reverse engineer, decompile, disassemble or otherwise create, attempt to create or derive, or permit or assist anyone else to create or derive the source code of the Site, related software or Services.

(c) transfer, resell, lease, or license the Site, related software, Services or Documentation to third parties or offer them on a standalone basis;

(d) use our Site, related software, Services, or Documentation that is in violation of any applicable Law and third party rights, as well as these Terms;

(e) publish, disclose or otherwise discuss with third parties: (i) the performance of Nimble’s products or Services or its functionality or (ii)  the results of any benchmarking, testing or other performance or evaluation information or analyses relating to Nimble’s products or Services;

(f) access or use the Site, related software, Services or Documentation for any competitive purpose, including but not limited to designing or developing a competitive  product or service; or

(g) remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of Nimble and its licensors on or within the Site, related software, Services or Documentation.

Any user comments, information or other materials of any kind whatsoever posted to the Sites or transmitted to Nimble (including but not limited to questions, comments, suggestions or other information), regarding Nimble products or the, Sites, Services, programs, Documentation and other information discussed on the Sites (“Content”) will be considered non-confidential and non-proprietary unless expressly agreed otherwise in writing by Nimble. Nimble shall have no obligations with regard to its use or disclosure of such Content, and Nimble shall have a worldwide, perpetual, irrevocable and fully-paid right to use, reproduce, prepare derivative works of, perform, display and distribute the Content, including any ideas, concepts, know-how or techniques contained in such Content, for any and all purposes without limitation, and to authorize others to do so as well. Nimble reserves the right (but not the obligation) to remove or edit such Content, but does not regularly review posted Content. Nimble may, in its sole discretion, remove or delete any Feedback, for any reason.

You acknowledge that you have read Nimble’s Privacy Policy understand that it governs Nimble’s collection, storage, and use of customer data. If you do not agree Nimble’s Privacy Policy, you must stop accessing and/or using the Sites.

Certain parts of the Sites are password-protected.  Access to and use of password protected and/or secure areas of the Sites is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Sites may be subject to prosecution. You agree to furnish accurate information to obtain your password, and to update that information as it changes. Protection of your password is your responsibility. By obtaining a password, you authorize us to honor instructions from any person using that password as if you had given the instructions. All actions taken by use of your password will be your responsibility. Nimble reserves the right to cancel your password and remove your access to restricted areas in our sole discretion.

NIMBLE STORAGE PROVIDES THE SITES, SERVICES, RELATED SOFTWARE AND DOCUMENTATION ON THIS SITE, “AS IS” WITHOUT WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NIMBLE STORAGE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND RELATING TO THE SITES, SERVICES, RELATED SOFTWARE AND DOCUMENTATION ON THE SITES PROVIDED HEREUNDER, WHETHER EXPRESS, IMPLIED, STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. NIMBLE STORAGE DOES NOT WARRANT THAT THE SITES, SERVICES, AND RELATED SOFTWARE WILL IN EVERY CASE PROCESS ALL DATA CORRECTLY, THE RESULTS OF THE SITES, SERVICES, AND RELATED SOFTWARE ARE ACCURATE, OR THAT OPERATION OF THE SITES, SERVICES, AND RELATED SOFTWARE WILL BE UNINTERRUPTED, FREE FROM ERROR, OR SECURE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THESE TERMS IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION. THE DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY.  THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR FROM JURISDICTION TO JURISDICTION.  YOU UNDERSTAND THAT USE OF THE SITES, SERVICES, RELATED SOFTWARE AND DOCUMENTATION ON THE SITES IS SOLELY AT YOUR RISK.

You will defend, indemnify and hold Nimble, its parents, subsidiaries, and its affiliates (and the respective officers, directors, employees or agents of any such entities) harmless against any actual or threatened claim, loss, liability, damage, cost, expense, fee, proceeding, third-party discovery demand, governmental investigation or enforcement action arising out of or relating to your activities under these Terms or your acts or omissions in connection with the Sites, related software, Services, or Documentation including, without limitation, any violation by you (or anyone using your account, computer or software) (“Claim”). We reserve the right, at your expense, to retain separate counsel for ourselves in connection with any Claim or, if you have not responded reasonably to the applicable Claim, to assume the exclusive defense and control of any Claim in which you are a named party and that is otherwise subject to indemnification under this section. You agree to cooperate with Nimble’s defense of such claim, and in no event may you agree to any settlement affecting Nimble without Nimble’s written consent. You will pay all costs, reasonable attorneys’ fees and any settlement amounts or damages awarded against us in connection with any Claim. You will also be liable to us for any costs and attorneys’ fees we incur to successfully establish or enforce our right to indemnification under this section.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL NIMBLE STORAGE BE LIABLE FOR (A) CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES, OR (B) ANY DAMAGES FOR LOST DATA,  LOST PROFITS, LOST ANTICIPATED SAVINGS, OR BUSINESS INTERRUPTION ARISING OUT OF THESE TERMS OR USE OR INABILITY TO USE THE SITES OR ANY SERVICES, SOFTWARE, CONTENT, MATERIALS OR DOCUMENTATION ACCESSED ON OR THROUGH THE SITES, , EVEN IF NIMBLE STORAGE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY. NIMBLE STORAGE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS, THE SOFTWARE OR THE DOCUMENTATION, WHETHER IN CONTRACT, WARRANTY, TORT, STATUTE, OR OTHERWISE, SHALL BE $100 USD. NIMBLE STORAGE DOES NOT LIMIT OR EXCLUDE ANY LIABILITY TO THE EXTENT THAT IT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.

Your use of the Sites and these Terms will be governed by the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. All disputes arising from or relating to these Terms or your use of the Sites shall be brought in the federal or state courts located in Santa Clara County, California and you irrevocably submit to the exclusive personal jurisdiction for such purpose.

Nimble may freely assign its rights or delegate any of its duties under these Terms. You may not assign or transfer, by operation of law or otherwise, any of its rights under these Terms without Nimble Storage’s prior written consent. Any attempted assignment or transfer by you in violation of the foregoing will be void. If any provision of these Terms is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except for the above referenced agreements and terms, these Terms constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede and replace all prior and contemporaneous understandings or agreements, written or oral, regarding such subject matter. Nothing in these Terms, express or implied, is intended to nor shall be construed to confer upon or give to any third party (including any customer) other than the parties hereto, any interest, right, remedy, or other benefit with respect to or in connection with these Terms.