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 https://www.hds.com/en-anz/about-hds/legal.trademark.html 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 (https://www.hds.com/en-us/pdf/brochure/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.