As long as you comply with these Terms, Cloud Software Group grants you a personal, non-exclusive, non-transferable, limited right to enter and use the Website. Cloud Software Group reserves the exclusive right, at any time and at its sole discretion, to change, modify, add or remove sections of these Terms. It is your responsibility to review these Terms periodically for changes. Your continued use of the Website following such revisions indicates your acknowledgement and acceptance of the new Terms.
Cloud Software Group also reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Any rights not expressly granted herein are reserved by Cloud Software Group. In addition to these Terms, your purchase of any Cloud Software Group product or service subjects you to the terms, rules, guidelines, policies and conditions applicable to such purchase, including but not limited to licenses and non-disclosure agreements. Furthermore, the following policies and guidelines also govern and apply to your use of the Website, and are incorporated herein by reference:
General Use Provisions
All of the content and materials provided on the Website, including but not limited to information, documents, text, products, logos, graphics, photographs, sounds, images, videos, trademarks, interfaces, music, software, computer code, user interfaces, visual interfaces, and the design, arrangement, selection, expression, and overall “look and feel” of the Website (collectively, “Content”), is owned, controlled or licensed by or to Cloud Software Group, its affiliates or subsidiaries, or its third-party manufacturers, authors, developers and vendors (collectively, “Third-Party Providers”). Any unauthorized use of the Content may violate intellectual property and unfair competition laws, including but not limited to copyright, trademark, privacy, rights of publicity, and communications regulations.
Except as expressly provided in these Terms or authorized pursuant to a formal agreement with Cloud Software Group, no part of the Content may be copied, reproduced, republished, distributed, downloaded, uploaded, posted, displayed, encoded, translated, or transmitted in any form or by any means without Cloud Software Group’s express prior written consent.
Except where expressly provided otherwise by Cloud Software Group, nothing on this Website shall be construed to confer any license offer for license or sale under any of Cloud Software Group’s or any Third-Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the contact information below if you have any questions about obtaining such licenses. Website materials provided by Third-Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Cloud Software Group and as such, Cloud Software Group makes no warranty with respect to it.
You may use informational materials for Cloud Software Group products and services that Cloud Software Group has specifically made available for downloading from the Website (such as data sheets, white papers, and similar materials) on the following conditions: (1) you may not modify the materials in any way; (2) both the copyright notice and this permission notice appear in the materials; and (3) the materials are used strictly for personal, non-commercial and informational purposes and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain. This permission terminates automatically without notice if you breach any of these Terms.
The following is a non-exclusive list of activities that are expressly prohibited by Cloud Software Group:
- Gaining or attempting to gain unauthorized access to the Website (or any portion thereof), to any software or services featured on the Website, or to any systems or networks connected to the Website or Cloud Software Group’s servers;
- Obtaining or attempting to obtain any Content or proprietary Cloud Software Group materials via any means not expressly made available by Cloud Software Group;
- Interfering or attempting to interfere with the functionality or use of the Website by others;
- Probing, assessing or testing the vulnerability of the Website or attempting to breach its security or authentication measures;
- Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Cloud Software Group server, or to any of the products or services offered on or through the Website, by hacking, password “mining” or any other illegitimate means;
- Using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, bot, program, algorithm or methodology, or any similar or equivalent process, to access, acquire, copy or monitor any portion of the Website or any Content;
- Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Cloud Software Group’s servers, systems or networks, or any systems or networks connected to the Website or to Cloud Software Group;
- Using the Website or Content for any unlawful purposes or soliciting illegal or infringing activities;
- Using, exporting or re-exporting Content in violation of applicable laws or regulations, including but not limited to U.S. export laws.
By using this Website, you agree that Cloud Software Group may at any time and in its sole discretion terminate and block your then-current and/or future access to the Website if Cloud Software Group determines that you have violated these Terms or any other Cloud Software Group agreements or guidelines which may be associated with your use of the Website. Further, you agree that your violation of the Terms will constitute unlawful and unfair business practices, and will cause irreparable harm to Cloud Software Group for which monetary damages would be inadequate. Additionally, you consent to Cloud Software Group obtaining any injunctive or equitable relief that it deems appropriate or necessary under the circumstances. The foregoing remedies are in addition to any other remedies Cloud Software Group may have at law or in equity.
You agree that Cloud Software Group may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.
If Cloud Software Group takes any legal action against you as a result of your violation of these Terms, Cloud Software Group will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Cloud Software Group. You agree that Cloud Software Group will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms.
Cloud Software Group reserves the right to disclose information about you that it deems necessary to comply with any applicable laws, regulations, or legal requests. In the event of any investigation or complaint regarding your use of the Website, Cloud Software Group may disclose information about you. Cloud Software Group may also disclose identifying information about you in order to contact, identify or take action against someone injuring or interfering with the rights of Cloud Software Group, its customers, or other users of the Website.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.
Software Use Restrictions
Any software that may be made available to download from this Website (“Software”) is the copyrighted work of Cloud Software Group and/or of Third-Party Providers. Use of the Software is governed by the terms of the Cloud Software Group’s end user license agreement or other license agreement that accompanies or is included with the Software (“License Agreement”). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the unauthorized copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with these Terms or the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, CLOUD SOFTWARE GROUP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Links to Third-Party Sites
This Website may contain links to websites controlled by parties other than Cloud Software Group. Cloud Software Group is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party websites. Cloud Software Group is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cloud Software Group of the linked website, its owner, or the associated products and services. It is your responsibility to take precautions to ensure that whatever third-party content you use is free of viruses or other items of a destructive nature.
By using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. Cloud Software Group makes no claim that Content contained on this Website is appropriate or may be downloaded outside the United States. If you access this Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Accounts, Passwords and Security
Certain features or services offered on or through the Website may require you to open an account (including setting up a login and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Cloud Software Group immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Cloud Software Group or any other user of or visitor to the Website due to someone else using your login, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s login, password or account at any time without the express permission and consent of the holder of that login, password or account. Cloud Software Group cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
By using the Website, you acknowledge your understanding that 1) online transmissions are never completely private or secure, and 2) messages and information sent to the Website may be read or intercepted by others.
Additionally, you acknowledge and agree that Cloud Software Group may preserve any transmittal or communication by you with Cloud Software Group through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or if Cloud Software Group determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Cloud Software Group, its employees, users of or visitors to the Website, and the public.
Except where expressly provided otherwise by Cloud Software Group, all comments, feedback, information or materials submitted to Cloud Software Group through or in association with this Website (“Submissions”) shall be considered non-confidential and property of Cloud Software Group. By providing such Submissions to Cloud Software Group, you agree to assign to Cloud Software Group, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Cloud Software Group shall be free, but not obliged, to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you, not Cloud Software Group, have full responsibility for the Submissions, including their accuracy, legality, reliability, appropriateness, originality and copyright.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY CLOUD SOFTWARE GROUP, THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND CLOUD SOFTWARE GROUP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. CLOUD SOFTWARE GROUP MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITE.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Limitation of Liability
CLOUD SOFTWARE GROUP SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING THE WEBSITE OR USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE CONTENT. IN NO EVENT SHALL CLOUD SOFTWARE GROUP BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION OR CONTENT AVAILABLE FROM THIS WEBSITE, EVEN IF CLOUD SOFTWARE GROUP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND YOU WILL NOT MAKE A CLAIM AGAINST CLOUD SOFTWARE GROUP FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT. YOU AGREE TO HOLD CLOUD SOFTWARE GROUP, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS IN INTEREST, EMPLOYEES, AGENTS, AFFILIATES AND SUBSIDIARIES HARMLESS FROM, AND YOU COVENANT NOT TO SUE CLOUD SOFTWARE GROUP FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEBSITE AND/OR CONTENT.
Intellectual Property Notices
The Website and Content are protected by trade dress, trademark, copyright and other laws and may not be transmitted, reproduced, repurposed, copied or imitated in whole or in part unless expressly permitted by Cloud Software Group.
Cloud Software Group, Citrix, TIBCO, NetScaler, ShareFile, ibi, and Jaspersoft, as well as the Citrix, TIBCO, ShareFile, ibi, and Jaspersoft logos, and product names of business units of the Cloud Software Group referenced in the Content and on the Website are trademarks of Cloud Software Group and/or one of its subsidiaries, and may be registered in the United States Patent and Trademark Office and in other countries. All third party product names, Cloud Software Group names, marks, logos, and symbols appearing on the Website are trademarks of their respective owners.
Digital Millennium Copyright Act Notice
Cloud Software Group respects the intellectual property rights of others and may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others.
If you believe your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing the following information to our copyright agent pursuant to the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512:
- Your name, address, email address and telephone number;
- The copyrighted work that you claim has been infringed;
- The allegedly infringing material (including the URL);
- A statement that declares under the penalty of perjury that (a) you are the owner of the copyright interest at issue, or you are authorized to act on behalf of the owner, (b) you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law, and (c) the information in your notice is accurate; and
- Your signature (physical or electronic).
Our agent for notice of claims of copyright infringement related to Cloud Software Group products or the Website can be reached as follows:
- By Mail:
851 West Cypress Creek Road
Fort Lauderdale, Florida 33309
- By Email:
Cloud Software Group will take reasonable steps to contact the owner of any content that was removed under this process, so that a counter-notice may be filed. If you have received such a notice of infringement from Cloud Software Group, ir if material that you have posted to a system or network controlled or operated by or for Cloud Software Group has been removed or disabled, you may file a counter-notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter-notice must be a written communication sent to Cloud Software Group’s designated agent identified above and must include each of the following:
- Your name, address, email address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Cloud Software Group may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement that declares under the penalty of perjury that you have a good faith belief that the material was removed or disabled due to a mistake or misidentification of the material to be removed or disabled; and
- Your signature (physical or electronic).
On receiving a valid counter-notification, Cloud Software Group will generally restore the content in question, unless it receives notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
Any action related to these Terms will be governed by Florida law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
Legal Contact Information
If you have any questions about these Terms, or if you would like to request permission to use any Content, please contact the Cloud Software Group Legal Department at email@example.com
© 2022 Cloud Software Group, Inc. All rights reserved.
851 West Cypress Creek Road, Fort Lauderdale, Florida 33309 U.S.A.