Hitachi Data Systems has a simplified global contracting process to allow end-user customers to do business with Hitachi Data Systems subsidiaries worldwide. Hitachi Data Systems standard agreements are:
Direct Purchasing Agreement (DPA)
* Due to local requirements the Software Online Terms and Warranty Maintenance and Support Online Terms for these documents are embedded within the DPA and not included above as separate files.
Warranty and Maintenance and Support Terms (WMS Terms)
Basic Software Online Terms (supplemental terms to DPA)
Software License (standalone agreement for licensing software)
Software Trial Agreement (Software Marketing Trial License)
Hitachi Storage Command Suite
Hitachi Data Discovery Suite
Open Source Software License Terms
Collectively, the terms below are referred to as the "Policy."
Hitachi Data Systems Holding Corporation and its subsidiaries (collectively "HDS") are committed to taking reasonable steps necessary to protect your privacy. Once you choose to provide HDS with your "personal data" (any information by which you can be individually identified), HDS will endeavor to make sure it is only used in connection with your business relationship with HDS.
However, by submitting personal data to HDS, you indicate that you consent to HDS' collection (including via our website) and use of your personal data as described within the scope of this Policy. Should you have questions regarding this Policy, feel free to email HDS at: firstname.lastname@example.org
HDS may in the course of business collect personal data
that you voluntarily provide. The potential uses of your personal data by HDS
are outlined later on in this Policy. Our policy is not to share personal data
with unrelated companies, except as provided for in this Policy or as necessary
in connection with internal information processing activities. We recognize
that your personal data is confidential, and we will take all reasonable
measures to protect your personal data while it is in our possession.
HDS normally only requests limited business-related personal data from you, such as your name, title, company address, email address, and telephone and fax numbers. HDS disclaims any legal duty to verify the accuracy of any personal data that you provide to HDS.
Typically HDS will ask for you to submit personal data for the following purposes:
It is HDS policy to collect personal data only when its collection is necessary for legitimate business purposes or to comply with HDS’ legal obligations. In any instance where non-mandatory information is sought, you will be notified at the point of collection.
HDS' intention is not to collect any sensitive personal data from you. Sensitive personal data includes a number of types of personal data relating to: race or ethnic origin, political opinions, religious or other similar beliefs, trade union membership, physical or mental health, sexual life or criminal record. We request that you do not provide sensitive personal data of this nature.
HDS will not sell, rent or lease your personal data to others.
Unless we have specifically informed you, obtained your consent or are permitted or required to do so by the laws of the jurisdiction we operate in, we will only share the personal data you provide with business partners and third-party service providers who are acting on our behalf, and then only for the uses described in this Policy. HDS will take appropriate steps to ensure that its business partners adequately protect the confidentiality and security of your personal data.
Personal data collected by HDS may be transferred to member companies of the worldwide HDS organization or to our business partners or third-party service providers who are established in jurisdictions without comprehensive data protection laws. Where such transfers occur, HDS will take appropriate steps to adequately protect the confidentiality and security of your personal data.
Despite HDS' commitment to protecting your personal data, there may be circumstances under which HDS may be deemed to be legally compelled to disclose your personal data. These circumstances may include, among others, situations where disclosure is required by laws applicable to HDS, or necessary to comply with an order of a court or governmental agency, export control, or necessary for matters of safety and security. In such cases, HDS will make good faith efforts to provide only information that is the subject of the official order or request.
HDS does not retain all of the personal data that we receive. Your personal data will be retained for as long as the information is required by HDS for our legitimate business purposes or to comply with legal requirements. HDS will also take all reasonable steps to rectify, make anonymous or delete personal data that is inaccurate or incomplete, or which is no longer required to be retained by HDS.
When you provide your personal data to us via our website, HDS ordinarily uses your personal data to better understand your needs and provide you with better service. Specifically, we use your personal data to update you on the benefits and features of HDS products and services and to provide you with information and material requested by you. From time to time, we may also use your personal data to contact you for market research or to provide you with marketing information we think would be of particular interest. At a minimum, we will always do our best to give you the opportunity to opt out of receiving such direct marketing or market research material. We will also follow internal requirements for avoiding the delivery of unwanted mail to you, such as allowing you to opt in, where applicable, before receiving unsolicited material.
If you are concerned about cookies, most browsers permit individuals to decline cookies. In most cases, you may refuse a cookie and still fully navigate our websites.
There are several places throughout the HDS website that may link to other websites that do not operate under HDS privacy practices. HDS does not endorse or make any representations about them or any information, software, or other products or materials found there, or any results that may be obtained from using them. When you link to other websites, HDS' privacy practices and this Policy no longer apply. HDS assumes no responsibility for the information or other practices of a site that is accessible through HDS. We encourage you to review other website privacy policies before disclosing any personally identifiable information.
HDS respects your right to make your own choices about how your personal data is handled. Should you choose to subscribe to mailing lists or any registrations and later decide to unsubscribe, we will provide instructions, on the appropriate website area or in communications to you, or you may contact HDS at email@example.com .In addition, access to certain applications or services may involve particular uses, disclosure or transfer of the personal information being collected during registration for that application or service. If required under the laws of your country of residence, you will be notified of such intended uses, transfer or disclosure and asked to provide your consent. Failure to provide your consent where so requested may mean you will not be provided access to the applications or services for which your personal information cannot be lawfully processed.
HDS strives to ensure the accuracy of your personal data as provided to HDS. Depending on the privacy laws in your country of residence, you may have the right to view, update or correct personal data submitted to HDS, or to receive additional notification of changes in the use of your information. When personal data is retained, HDS undertakes to make all reasonable efforts to maintain the accuracy of the personal information submitted and verified by you. HDS does not assume responsibility for verifying the information you submit. When practically possible, if HDS is informed that any personal data that it has collected about you is no longer accurate, HDS will make appropriate corrections based on the updated information provided. Queries in this regard should be directed to HDS at firstname.lastname@example.org.
HDS is committed to ensuring the security of your personal data. To prevent unauthorized access, misuse, disclosure or destruction, to maintain data accuracy, and to ensure the appropriate use of information, we have put in place appropriate technical and organizational procedures to safeguard and secure the information we collect from you.
In the unlikely event of a sale of HDS, an HDS business unit or an HDS affiliate, personal information held by HDS may be made available to a buyer or prospective buyers in order for them to evaluate any such purchase or to operate any parts of HDS' business.
Subject to the legal requirements of your jurisdiction of residence for notice and consent, HDS reserves the right to modify or amend this Policy at any time to reflect changes in applicable laws or regulations, or changes in HDS practices or procedures. Where conflicts exist between the terms and conditions of this Policy and applicable national data protection laws, the latter shall take precedence. This Policy is not intended to, and does not, provide rights beyond those that are prescribed by applicable national laws. The implementation date will be displayed at the bottom of this Policy.
We welcome your inquiries or comments about this Policy and any queries or concerns that you may have about the HDS website.
Please contact HDS at email@example.com or at the following address:
Hitachi Data Systems Corporation
2845 Lafayette Street
Santa Clara, California 95050
Attention: Don Hughes, EMEA General Counsel
This Policy was last updated on 28 April 2009.
The trademarks, logos, service marks (collectively "Trademarks") displayed on this Site are registered and unregistered Trademarks of Hitachi, Ltd., HDS, its affiliates or its respective owners. The following list may not contain an exhaustive list of all Trademarks currently registered or used by HDS in the United States and other countries. For the most up-to-date trademark information and inquiries, please contact the Hitachi Data Systems Legal Department.
Hitachi, Ltd., Trademarks
Hitachi Data Systems Trademarks.
Hitachi Data Systems Trademarks
Copyright 1995-2015 Hitachi Data Systems Corporation. All rights reserved.
All pages and content within the Site are the property of HDS and/or the other providers.
The trademarks are registered and unregistered trademarks of HDS, its affiliates or other providers. "Hitachi Data Systems," "Hitachi," "HDS," Hitachi Data Systems logo and "hds.com" are trademarks and/or service marks of Hitachi, Ltd., and/or HDS. Please click on the Trademarks Tab at http://www.hds.com/corporate/legal/?WT.ac=us_ft_legal for more information. Nothing on this Site should be construed as granting any license or right to use the trademarks displayed on this Site, whether by implication, estoppel or otherwise. Misuse of any trademark or any content displayed on this Site is strictly prohibited.
a. License. Subject to the terms and conditions of this Agreement, and until the Agreement ceases to apply to you, HDS grants to you a non-exclusive, non-transferable, limited and revocable license to access, view or print the content in this Site, without alteration, solely and strictly for the Authorized Purpose. You may download the content, solely as required by You to access, use, view or print it, but You must include the copyright notice set out in Section 1 on any printed version of the content. Except as stated otherwise on the Site, Your use of the Site will be royalty-free and without charge (for the avoidance of doubt, You may be charged or required to enter into further contracts with respect to particular content on the site). This limited license does not apply to any media or platform other than that of the current Site. You must not transfer, or attempt to transfer, the limited license granted to You in this Section 3.
b. Ownership. HDS and/or the other providers exclusively retain ownership of all intellectual property rights in the Site and all content on the Site and those rights are protected under applicable copyrights, patents, trademarks, trade dress, and/or other proprietary rights laws. Other than the rights expressly provided in this Agreement, You obtain no rights whatsoever in the Site or its content (including any ownership rights), by or through Your Site use. You must not do anything that infringes, threatens to infringe or otherwise jeopardizes the rights of HDS and/or the other providers in the Site and the content.
c. Downloadable Software. The Site may contain downloadable software. Unless a separate license exists for such software (either from HDS or another provider) You agree to use the software on the terms of this Agreement, including the restrictions on use set out in Section 4. If a separate license applies to such software, You will be bound by the terms and conditions of such license.
a. Prohibited Acts. Concerning Your Site use or any content, You must not:
b. Commercial Exploitation. Other than as expressly permitted in Section 3, You must not commercially exploit any content in any form, or incorporate any content into any information retrieval system, whether electronic or mechanical.
c. Right to Regulate. You acknowledge HDS has the right at any time, but no obligation, to monitor the Site or Site-related services and to disclose any information necessary: (i) to operate the Site; to (ii) to protect Hitachi, Ltd., its subsidiaries, other providers and third parties and the customers, suppliers and partners of HDS or Hitachi, Ltd.; and (iii) to comply with legal obligations or governmental requests. HDS reserves the right to refuse to post or to remove any information on the Site, in whole or in part, for any reason. HDS also reserves the right to prohibit any user, who in HDS sole discretion, violates the Agreement, from use of this the Site and related services and content (such prohibition may occur without notice to the user).
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.
e. Minors. Minors are not eligible to use this Site and HDS asks that no information in relation to minors be submitted to HDS.
a. Password-Protected Areas. If You are authorized to have access to password-protected areas of the Site, You must keep Your password confidential, and if Your password is compromised, You must send notice of this to HDS within 24 hours of first becoming aware of it. HDS does not agree to protect or indemnify You from any unauthorized use of Your password. HDS is entitled, at any time and without having the obligation to justify its decision, to deny You the right to access password-protected areas by blocking Your user name and password, particularly if You (i) use false data or information for the purpose of registration; (ii) You violate this Agreement or You neglect Your duty of care with regard to Your user name and password.
b. Unauthorized E-mail. With respect to Your Site use, You must not engage in the sending of any mass e-mail messages (also known as "spamming" ) to HDS or its employees, contractors or third parties.
c. Linked Sites. The Site may contain links to Linked Sites and when You click on a link to visit a Linked Site, a frame may appear that contains a HDS logo, advertisement or other information. You acknowledge that: (i) HDS neither endorses, nor is affiliated with any Linked-Site and the owner of the Linked Site neither endorses, nor is affiliated with HDS; (ii) HDS cannot and does not control any content or activities on the Linked Site; (iii) HDS is not responsible for the availability of the Linked Sites nor any information (including any materials, software, content, or data) that appears on the Linked Site or for any products or services contained in, or referenced by, the Linked Site; and (iv) no information in any Linked Site has been investigated, confirmed, approved, or verified by HDS. If You have a dispute or claim relating to a Linked Site, you hereby release HDS and its employees, agents and contractors from any and all liability with respect to such disputes and claims, including any demands and damages of every kind and nature (whether direct or indirect, known or unknown, suspected or unsuspected and disclosed or undisclosed) arising out of, or in any way connected with such disputes and claims. If You are a California resident, you waive California Civil Code §1542.
d. Dated Materials. You acknowledge that HDS has no obligation to update the Site. Therefore, when You use the Site, there is a possibility that some content may be out of date, including information about the products and services of HDS or third parties or pricing thereof.
e. External Issues. You acknowledge that (i) the Internet is a network of computers worldwide, and that any information that You submit to HDS necessarily is routed via third party computers to HDS; (ii) HDS is not responsible for any lapses in online security and does not assume liability for improper use of Your information by a third party.
f. Site Inaccuracies and Errors. It is possible that the Site could include inaccuracies and errors (including both substantive and typographical errors). It is also possible that unauthorized additions, deletions and alternations to the Site could be made by third parties. Subject to the express terms of this Agreement, You: (i) bear the entire risk of loss of Your Site use and Site-related services, including with respect to security, privacy and technical malfunctions; and (ii) assume the cost of all necessary servicing, repair, correction or replacement of Your property or operations as a result of Your Site use. Although HDS desires and strives to maintain the accuracy and integrity of the Site and the content, HDS makes no guarantees whatsoever as to the accuracy and integrity of the Site or its content. HDS is also not responsible for any content that You may find undesirable or objectionable. If You discover an inaccuracy or error, You will promptly inform HDS, so that it may be corrected, provided however that HDS does not guarantee that any reported inaccuracy or error will be corrected or resolved by HDS even if HDS attempts to correct or resolve the same. Furthermore, You hereby release HDS, and HDS hereby disclaims all and any responsibility or liability for any damage or loss caused by viruses contained in the Site or related electronic files.
g. No Obligation to Purchase. This Site and the content are not to be construed as any form or recommendation, promotion, endorsement or an offer to sell any product or service by HDS. You are not obligated under this Agreement to purchase or otherwise acquire any product or service from HDS, and You should apply Your own judgment in Your Site use, including the use of any content as the basis for any conclusions or for the purchase of any product or service or any other transactions. Nothing in this Agreement prohibits or restricts HDS from commercially offering any product or service, and HDS may modify or discontinue such product or service at any time.
a. Grant of License to HDS. When applicable, before submitting any information to this Site, You must always check Your license Agreements (including software licenses) to make sure that You do not infringe the intellectual property rights of others.
By submitting any information to HDS, You hereby grant to HDS a non-exclusive, 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 HDS, You represent and warrant that You have the authority to grant such rights to HDS.
c. Use of Software. If the submitted information includes or consists of a Java™ applet or other software resource, the license granted to HDS will apply to both object code and source code formats of the applet or resource and HDS will have the right to analyze, report on, summarize and display the source code on its websites. However, HDS will not display the complete source code of Your resource, unless You grant to HDS the express written permission to do so in the resource submission or resource update forms. If You submit a resource to HDS or grant to HDS the permission to display Your source code and decide that You no longer want to grant HDS the permission to display Your source code, HDS will remove the resource and/or source code from the Site if You send a notice to HDS, requesting the relevant resource and/or source code to be removed from the Site. Upon receipt of such notification by certified mail, HDS will use reasonable efforts to remove the relevant resource and/or source code from the site within fifteen (15) days of receipt of the notice.
d. Your Warranty. You represent and warrant that, where You access the Site on behalf of a company with actual or prospective business dealings with HDS (the "Company"): (i) You are an authorized representative of the Company; (ii) You will use the Site and its Content solely as directed by the Company and in accordance with the terms and conditions of this Agreement; (iii) Your Site use will at all times be for the Authorized Purpose; (iv) You have been authorized by the Company to enter this Agreement, use the Site and use any password that HDS has issued to You and You will not share such password with anyone; (v) upon the termination of Your relationship with the Company (whether employment or otherwise), You will send notice to HDS of this and immediately cease all Site use.
e. Ownership of Information. You retain ownership of any copyrights or other intellectual property rights applicable to any information You submit to HDS.
a. Geographic Scope. Although the Site is accessible worldwide, not all products, services or offerings referred to in the Site may be available to all persons in all geographic locations. HDS reserves the right to limit the provision of any product, service or offering to any person, geographic area or jurisdiction as it so desires, subject to applicable law.
b. Content Changes. HDS may add to, delete or change the content at any time in its sole discretion (including the products, services and offerings referred to on the Site and any price changes), without notice to You.
c. Indemnity. You agree to indemnify, defend and hold harmless HDS, Hitachi, Ltd., 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.
d. Hitachi Goodwill. You acknowledge that the content has acquired a valuable secondary meaning and goodwill within the public. Accordingly, You must not use the content in any manner whatsoever that, directly or indirectly, would derogate from or otherwise reduce the good repute of HDS and/or the content. If You or any of Your employees, officers, agents, contractors or shareholders (if any) are convicted of an offense, which materially and adversely affects the goodwill of HDS and/or the content, HDS may terminate this Agreement.
e. Protection of Content. You agree to participate, to the fullest extent possible, as HDS in its sole discretion may consider necessary, in any activities to protect any of the content. You must cooperate with HDS to maintain and defend the ownership and validity of the content against infringement or claims of infringement.
Your Site use may give You access to confidential information of HDS. You acknowledge that there is no obligation on HDS to provide You with access to any confidential information, whether through the Site or otherwise. However, if HDS choses to disclose confidential information to You, You agree as follows:
a. Non-Disclosure. You agree to maintain the confidential information of HDS in strict confidence, utilizing the same degree of care used by Your or Your company to protect the respective confidential information of You or Your company, and in any event, no less than a reasonable degree of care and to not disclose the confidential information to any third party or to any employees, supervisors or agents of Your company without a strict "need to know". You will use the confidential information of HDS only as agreed by HDS in writing signed by a HDS executive.
b. Post-Termination. Upon written request by HDS, or upon the termination of this Agreement, You must immediately return, destroy or purge (as directed by HDS) all confidential information and copies thereof, and all copies of all materials, in whatever format, containing, reflecting or concerning the confidential information. You hereby expressly assign to HDS any and all rights that You may have, or have acquired in such confidential information and agree to execute all documents necessary (now or in the future) to give effect to the assignment.
c. Grant of Rights. Other than as stated in Section 3, You are granted to no license whatsoever in the confidential information, or in any patent, copyright or other proprietary or intellectual property right of HDS. Your obligations under Section 8a will end five (5) years after the termination of this Agreement or, if any confidential information of HDS enters into the public domain at an earlier point in time (through no fault of Your own) then Your obligations under Section 8a will end for that item of confidential information at the time it entered into the public domain.
d. Non-Disclosure Agreement. HDS reserves the right, at any time, to require You to enter into a further non-disclosure Agreement with respect to any confidential information of HDS, as a condition of its disclosure to You, or otherwise as a condition of Your continued use of the confidential information.
a. 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.
b. Export Compliance. You acknowledge and agree to comply with all U.S. laws, regulations and requirements that regulate the export of U.S. origin products and technology and prohibit their use, sale or re-export if You know, or have reason to know, that such products and technology are for use in connection with the design, development, production, stockpiling or use of nuclear, chemical or biological weapons or missiles. Furthermore, You will comply with any law from other jurisdictions that regulate import/export of information/data/know-how which may be applicable to You.
c. Anti-Corruption. You will comply with all applicable laws, statutes, regulations and codes relating to anti-corruption, including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act 2010. You will not engage in any activity, practice or conduct which would constitute a breach of any of these anti-corruption laws, or cause HDS to be in breach of such laws. HDS Code of Conduct (www.hds.com/assets/pdf/code-of-ethics-and-business-conduct.pdf) sets out in detail how HDS employees should behave and what they should do if confronted with corruption. In the event You encounter or suspect a breach of HDS Code of Conduct by an HDS employee, you will promptly report the same to HDS.
a. Disclaimer of Warranty. HDS 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, availability, currentness, security, privacy, reliability and non-infringement. You hereby waive all warranties by HDS related to Your Site use. You acknowledge that Your access to the Site will not be free of interruptions or secure, that the information herein may contain bugs, errors, problems or other limitations, and that the Site may be unavailable from time to time.
b. Limitation of Liability. Under no circumstances will HDS or any of the Content Providers be liable or responsible for any direct, indirect, incidental, consequential losses or damages (including damages from loss of business, lost profits, lost or damaged data, losses arising from litigation, loss of use or lack of availability of facilities including computer resources, routers and stored data, loss resulting from any other website, application or platform accessed to or from this Site, 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.
a. Transaction Location, Governing Law, Jurisdiction, and Venue. This Agreement will be treated as though it were executed and performed in Santa Clara, California, and will 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 will 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 will be brought solely in Santa Clara County, California. HDS 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. If You chose to access this Site from locations outside of the United States, You do so at Your own initiative and are responsible for compliance with local laws.
b. Disputes and 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).
c. Remedies. If You violate any of the terms of this Agreement, You must immediately notify HDS and take all steps reasonably available to You in order to cure the violation and to prevent any subsequent violation. You acknowledge that Your breach of the Agreement may cause irreparable damage to HDS or other providers and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal or equitable remedies, HDS and other providers will be entitled to injunctive relief for any breach of this Agreement.
d. Severability. In the event that any of the provisions of this Agreement will be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions will be limited or eliminated to the minimum extent necessary, so that this Agreement will otherwise remain in full force and effect and enforceable.
e. Complete Integration. This Agreement constitutes the entire and only Agreement between HDS and You, 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. Each Site use by You will constitute and be deemed Your unconditional acceptance of this Agreement, irrespective of whether You review this Agreement prior to such Site use or not. 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 HDS or You.
f. Modifications. This Agreement may only be modified by HDS, by posting a Revised Agreement on the Site. The Revised Agreement will 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. If You continue to use the Site after any modifications have been included by HDS to this Agreement it will mean You accept those modifications.
g. Limitations Period. You agree that any claim that You may bring that arises out of Your use of the Site or related to this Agreement must be instituted within one (1) year after the Site use relating to such cause of action, or be forever waived and barred.
h. Termination. HDS may terminate Your access to the Site or content or any Site use rights, in its sole and absolute discretion, at any time and for any reason (with or without cause), with or without notice, even if the access and use continues to be allowed to others. Without limiting the previous sentence, HDS may suspend or stop Your access to the Site if you do not comply with this Agreement and when investigating potential misconduct. If the Agreement is terminated, You agree to cease all Site use and, upon request by HDS, to return or destroy all information in Your possession relating to the Site, and all copies thereof, rendering such information no longer accessible to You.
i. Survival of Certain Provisions. All sections of this Agreement that are reasonably capable of surviving will survive the expiration or termination of this Agreement. No expiration or termination of this Agreement will release you from any obligation to pay HDS any amount that has accrued and become payable at or prior to the date of expiration or termination.
j. Assignment, Transfer. You will 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 HDS. HDS has the right to transfer, subcontract or otherwise deal with HDS rights and obligations under this Agreement without notifying You or obtaining Your consent.
k. Waiver. No delay or omission to exercise any right or remedy accruing to HDS upon any breach or default by you will 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 HDS.
l. Headings. All article or section headings, or exhibit names, are for reference and convenience only and will not be considered in the interpretation of the Agreement.
m. No Agency. You and HDS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
n. Conflicts. If this Agreement conflicts with a provision of any other contract between You and HDS relating to the Site, the provision in such other contract will govern.
o. Suspension of Obligations. The obligations of either You or HDS under this Agreement (other than payment obligations) will be suspended, to the extent that the party is hindered or prevented from performing its obligations by acts of God, fires, storms, accidents, governmental regulations or any cause whatsoever, which is not within that party's reasonable control.
p. Contacting HDS. Should you desire to contact HDS about the Site, you may do so at: Hitachi Data Systems Corporation, 2845 Lafayette Street, Santa Clara, CA 95050. Phone: (408) 970-1000. E-mail: firstname.lastname@example.org.
q. Third-Party Beneficiaries. Subject to applicable laws, this Agreement does not create any third party beneficiary rights.
The following terms, when used in this Agreement, will have the following meanings.
This Acceptable Use Policy ("Policy") describes the uses that are not acceptable in the use of Cloud Services ("Cloud Services") offered by Hitachi Data Systems Corporation and its affiliated companies (collectively, "HDS") and therefore are prohibited. This Policy forms part of, and must be read in conjunction with, your agreement with HDS for the supply or use of the Cloud Services. Defined terms in this Policy are the same as in the Agreement, except where expressly stated otherwise.
HDS may modify this Policy at any time by posting a revised version online. If you place an Order with HDS, start to use a new Cloud Service, or otherwise continue to use an existing Cloud Service once HDS has notified you of any Policy changes, you are deemed to have agreed to the latest version of this Policy.
If you or your End User violates this Policy, HDS may suspend or terminate the use of your Cloud Service, without limitation to any other remedy available to HDS with respect to such violation.
You must not use the Cloud Services or any related website or any technology, infrastructure or networks used in the supply of these (collectively, the "Cloud Services and Technology"), in order to engage in, allow, promote or otherwise encourage illegal, irresponsible or destructive behavior, including:
You must not use the Cloud Services and Technology in a way that unnecessarily interferes with their normal operation, or that consumes a disproportionate share of the resources used to provide them.
You must not use the Cloud Services and Technology for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available Content, or links to Content, that are illegal, harmful or offensive. Prohibited activities or content include:
HDS may test and otherwise monitor your compliance with this Policy. HDS reserves the right, but does not assume the obligation, to investigate any violation of this Policy or misuses of the Cloud Services and Technology used in these. HDS may:
HDS may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer information. HDS also may cooperate with appropriate law enforcement agencies, regulators or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
You must cooperate and ensure that your End Users cooperate in any investigation and reporting activities that HDS undertakes.
If, independently of HDS, you become aware of any violation of this Policy, you will immediately notify HDS and provide HDS with assistance, as requested, to stop or remedy the violation.
You agree that HDS may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted and has the potential to infect or corrupt the system or other customers' data that is stored on the same system.