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Web Site Terms of Use

Collectively, the terms below are referred to as the "Agreement."

READ THE FOLLOWING TERM AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY USING OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE ("AGREEMENT"), AND THAT YOU ACCEPT AND WILL BE BOUND BY THE AGREEMENT.

1. COPYRIGHT NOTICE

2. TRADEMARK NOTICE

The trademarks, logos, service marks (collectively "Trademarks") displayed on this Site are registered and unregistered Trademarks of HDS, its Affiliates or respective owners. "Hitachi Data Systems", "Hitachi", "HDS", the Hitachi Data Systems logo, and "hds.com" are trademarks and/or service marks of Hitachi, Ltd., and/or Hitachi Data Systems. Please click on the Trademarks tab above for more information. Nothing contained on this Site should be construed as granting by implication, estoppel or otherwise, any license or right to use the Trademarks displayed on this Site.Misuse of any Trademark or any content displayed on this Site is prohibited.

3. LICENSE GRANT & OWNERSHIP BY HITACHI

License. Subject to the terms and conditions of this Agreement, and until termination of the Agreement, Hitachi Data Systems grants you a non-exclusive, non-transferable, limited license to view or print the Content in this Site without alterations, for personal, non-commercial use only. This limited license does not apply to any media or platform other than that of the current Site.
Ownership. All Content on the Site is (and shall continue to be) owned exclusively by Hitachi Data Systems or Other Providers, and is protected under applicable copyrights, patents, trademarks, trade dress, and/or other proprietary rights, and the copying, redistribution, use or publication by you of any such Content or any part of the Site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your Site Use.

4. RESTRICTIONS ON USE

a. Prohibited Acts. Concerning your Site Use or any Content, you agree not to:

restrict or inhibit any other user from using and enjoying the Site;
use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site;
post or transmit into or on the Site any unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful Information of any kind;
post or transmit into or on the Site any Information or software that contains a virus, bug, worm, trojan horse or other harmful or disruptive element;
publish, republish, perform, distribute, assign, sublicense, sell, prepare derivative works, modify, lease, rent, copy, reverse compile, reverse engineer, reverse assemble, transmit, display, decompile, translate, or use the Content (other than as expressly permitted in sections 3 and 6(d));
post or transmit into or on the Site any Information in violation of another party's copyright or intellectual property rights, including Information that infringes on another's rights;
take any action which imposes an unreasonable or disproportionately large load on Hitachi Data Systems' infrastructure, as determined solely by Hitachi Data Systems;
redeliver any of the Content using "framing", hyperlinks, or other technology without Hitachi's express written permission; or,
use any device or technology to provide repeated automated attempts to access password-protected portions of the Site.

b. Commercial Exploitation. You agree not to reproduce or commercially exploit any Content in any form, other than as expressly provided in sections 3 and 6(d).

c. Right to Regulate. You acknowledge that Hitachi Data Systems has the right, but no obligation, to monitor the Site and to disclose any Information necessary to operate the Site, to protect Hitachi, its subsidiaries, licensors, and customers, and to comply with legal obligations or governmental requests. Hitachi Data Systems reserves the right to refuse to post or to remove any Information on the Site, in whole or in part, for any reason.

d. Law Compliance. You agree to comply with all governmental laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding your Site Use.

5. YOUR SITE USE ACTIVITIES

# Password-Protected Areas. If you are allowed access to password-protected areas of the Site, you agree to keep your password confidential, to send Notice to Hitachi Data Systems within 24 hours if your password is compromised.
Unauthorized E-mail. Relating to your Site Use, you agree not to engage in the sending of any mass e-mail messages (also known as "spamming" ) to Hitachi Data Systems or its employees.
Linked-Sites. You acknowledge that Hitachi Data Systems neither endorses nor is affiliated with any Linked-Site and is not responsible for any information (including any materials, software, content, or data) that appears on the Linked-Site. No information in any Linked-Site has been investigated, confirmed, approved, or verified by Hitachi Data Systems. You also acknowledge that the owner of the Linked-Site neither endorses nor is affiliated with Hitachi Data Systems. If you have a dispute or claim relating to a Linked-Site, you release Hitachi Data Systems from any and all such claims.
Dated Materials. You acknowledge that Hitachi Data Systems has no obligation to update the Site, and that there is a possibility that Content may be out of date.
External Issues. You acknowledge that (i) the internet is a network of computers worldwide, and that any Information submitted by you to Hitachi Data Systems necessarily is routed via third party computers to Hitachi Data Systems, (ii) Hitachi Data Systems is not responsible for lapses in online security and does not assume liability for improper use of your Information by a third party.
Year 2000. When the Site provides Information regarding the year 2000 readiness of products or services of Content Providers, such Information is provided for your convenience and to assist you in understanding and addressing your Year 2000 challenge. By providing this Information, Content Providers are not performing a Year 2000 assessment or conversion. You are solely responsible for the implementation of your Year 2000 project and Content Providers do not guarantee your results. Information contained on Hitachi Data Systems' past and present Site pages regarding products or services offered by Hitachi Data Systems and Other Providers are designated "Year 2000 Readiness Disclosures" under the Year 2000 Information and Readiness Disclosure Act of 1998. Information on the Site regarding non-Hitachi products or services are "Republications" under the Act, based on information supplied by other companies about their products and services. Hitachi Data Systems has not independently verified the contents of these Republications and takes no responsibility for the accuracy or completeness of information contained in such Republications.

6. SUBMISSIONS OF INFORMATION BY YOU

When applicable, before submitting any Information to this Site, you agree to always check your license agreements (including software licenses) to make sure that you do not infringe the intellectual property rights of others.

You agree that, by submitting any Information to Hitachi Data Systems, you grant Hitachi Data Systems a nonexclusive, worldwide, perpetual, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, reproduce, distribute, adapt, perform, display, sublicense (through multiple tiers), exploit, and prepare derivative works of the submitted Information. By submitting Information to Hitachi Data Systems, you represent and warrant that you have the authority to grant such rights to Hitachi Data Systems.

No Information you submit shall be deemed confidential. However, Hitachi Data Systems agrees to use your Information in accordance with its Privacy Policy (if any) applicable to personally identifiable user data.

YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO HITACHI.

7. APPLICABILITY, COOPERATION & INDEMNITY

Geographic Scope. Hitachi Data Systems reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction as it so desires, or as required by law.
Content changes. Hitachi Data Systems in its sole discretion may add, delete or change the Content at any time, without notice to you.
Indemnity. You agree to indemnify, defend and hold harmless Hitachi Data Systems and Other Providers against any and all liabilities, claims, damages, costs or other expenses (including attorneys' fees, costs, expenses, and expert witness fees) that arise directly or indirectly out of or from (i) your breach of this Agreement, or (ii) your Site Use.

8. RESTRICTED RIGHTS & EXPORT CONTROLS

Government Use. The software and documentation available on the Site are "commercial items," as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of "commercial computer software" and related documentation, as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.
Export Compliance. You acknowledge and agree to comply with all U.S. laws, regulations and requirements applicable to the export of U.S. origin products and technology.

9. LIMITED WARRANTY AND DISCLAIMER

DISCLAIMER OF WARRANTY. HITACHI DATA SYSTEMS AND OTHER CONTENT PROVIDERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT HEREON. THIS SITE, AND ACCESS TO ANY LINKED-SITE, IS PROVIDED TO YOU BY ALL CONTENT PROVIDERS "AS IS" AND "AS AVAILABLE", WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU HEREBY WAIVE ALL WARRANTIES BY HITACHI RELATING TO YOUR SITE USE. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR SITE USE AND SITE-RELATED SERVICES.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL HITACHI DATA SYSTEMS OR ANY OF THE CONTENT PROVIDERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

10. CONTACTING HITACHI DATA SYSTEMS

Should you desire to contact Hitachi Data Systems, you may do so at: Hitachi Data Systems Corporation, 750 Central Expressway, Santa Clara, CA 95050. Phone: (408) 970-1000. E-mail: Webmaster@hds.com.

11. MISCELLANEOUS

Transaction Location, Governing Law, Jurisdiction, & Venue. This Agreement shall be treated as though it were executed and performed in Santa Clara, California, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of California (exclusive of conflicts of law rules). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Santa Clara in the State of California, consents to the extra-territorial service of process, and waives any jurisdictional, venue or inconvenient forum objections to such courts. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Santa Clara County, California. Hitachi Data Systems makes no representation that the Content is appropriate or available for use in locations outside the United States of America, and your accessing the Content from locations where such Content is illegal is strictly prohibited.
Disputes & Attorneys' Fees. In any action to enforce this Agreement, the prevailing party will be entitled to its costs, attorneys' fees, and expenses (including expert witness fees). You acknowledge that any breach by you of the provisions of the Agreement will cause irreparable damage to Hitachi Data Systems or Other Providers and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal or equitable remedies, Hitachi Data Systems and Other Providers will be entitled to injunctive relief for any breach of this Agreement.
Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
Complete Integration. This Agreement constitutes the entire and only agreement between you and Hitachi Data Systems pertaining to the subject matter hereof, and is intended to be a complete and absolute integration of the agreement between the parties. Concerning the subject matter hereof, any and all prior written agreements, representations, understandings, and warranties (collectively, "Understandings"), and all contemporaneous or prior oral Understandings between the parties are expressly superseded, cancelled, and replaced by this Agreement. You agree to review this Agreement prior to any Site Use, and each Site Use by you shall constitute and be deemed your unconditional acceptance of this Agreement. The Parties agree that this Agreement and all Information relating to your Site Use are properly authenticated documents and may be given full evidentiary weight if submitted in evidence by you or Hitachi Data Systems.
Modifications. This Agreement may only be modified by Hitachi Data Systems, by posting a Revised Agreement on the Site. The Revised Agreement shall be effective immediately for all of your subsequent Site Use. You agree to review the Agreement periodically to be aware of the terms and conditions applicable to future Site Use.
Limitations Period. Any cause of action by either party must be instituted within one (1) year after the Site Use relating to such cause of action, or be forever waived and barred.
Termination. The Agreement may be terminated by either Party, in its sole and absolute discretion, at any time and for any reason (with or without cause), with or without notice. If the Agreement is terminated, you agree to cease all Site Use and, upon request by Hitachi Data Systems, to return all Information in your possession relating to the Site, and all copies thereof.
Survival of Certain Provisions. The provisions of the sections titled "License Grant & Exclusive Ownership by Hitachi" (sub-section "b." only), "Restrictions on Use", "Warranty and Disclaimer", "Limited Applicability, Cooperation & Indemnity", "Your Site Use Activities", "Submissions of Information by You", "Miscellaneous" (only sub-sections "Transaction Location, Governing Law, Jurisdiction & Venue", "Disputes & Attorneys' Fees", "Severability", "Limitations Period", and "Termination") shall survive the expiration or termination of this Agreement. No expiration or termination of this Agreement shall release you from any obligation to pay Hitachi Data Systems any amount that has accrued and become payable at or prior to the date of expiration or termination.
Assignment; Transfer. You shall not assign or transfer any interest in this Agreement, whether by merger, consolidation, operation of law, or otherwise without the prior written consent of an authorized executive officer of Hitachi Data Systems.
Waiver. No delay or omission to exercise any right or remedy accruing to Hitachi upon any breach or default by you shall impair that right or remedy, or be construed to be a waiver of any breach or default, unless contained in an express writing executed by an authorized officer of Hitachi Data Systems.
Headings. All article or section headings, or exhibit names, are for reference and convenience only and shall not be considered in the interpretation of the Agreement.
No Agency. You and Hitachi are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Conflicts. If this Agreement conflicts with a provision of any other contract between you and Hitachi Data Systems relating to the Site, the provision in such other Agreement shall govern.

12. GLOSSARY

The following terms, when used in this Agreement, shall have the following meanings.

"Agreement". The term "Agreement" means this Terms of Use contract, including each and every term and condition of the Terms of Use.
"Content". The term "Content" means all Information, data, or other material, in any form or media, contained in, obtained from, or relating to the Site, including all results obtained from the Site.
"Content Providers". The term "Content Providers" means both Hitachi and Other Providers.
"Including", "includes", "include" . The phrases "including", "includes", and "include", wherever used in the Agreement, means " including, but not limited to".
"Information". The phrase "Information" includes all data, information, documents, files, personally-identifying information, and software disclosed by one party to the other in connection with the Site or your Site Use.
"Linked-Site". A "Linked-Site" means any internet site (including all information, data, and content thereon) that is linked to the Site, but not owned by Hitachi Data Systems.
"Notice". The phrase "Notice" refers to the sending of Information by you to Hitachi Data Systems via certified mail, return receipt requested, to Hitachi Data Systems at: Hitachi Data Systems Corporation, ATTN: General Counsel MS 34-46, 750 Central Expressway, Santa Clara, CA 95050. Any such notice shall be deemed given 48 hours after such Notice is sent.
"Other Providers". The terms "Other Providers" means Hitachi Data Systems' direct or indirect licensors, its affiliates, Hitachi Ltd., or other contributors to the Site (other than Hitachi Data Systems).
"Parties". The term "Parties" refers to Hitachi Data Systems and you, collectively.
"Privacy Policy". The phrase "Privacy Policy" refers to Hitachi Data Systems' official published privacy policy, if any, describing Hitachi Data Systems' intended uses of your personally identifiable Information.
"Revised Agreement". If the Agreement is modified in accordance with the section titled "Modifications", for convenience in distinguishing the original Agreement from the modified Agreement, the modified Agreement may be referred to as the "Revised Agreement".
"Site". The term "Site" means any Hitachi Data Systems internet site, page (and all sub-pages), uniform resource locator ("URL"), domain location, and all Information and Content thereon.
"Site Use". The term "Site Use" means your use of or access to the Site (or any Content thereon), as well as any other activities in which you engage relating to the Site.

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