StarWind reserves the right to make changes or updates with respect the Content or the format thereof at any time without notice. StarWind also reserves the right to terminate or restrict your access to the Website and Services or any portion thereof for any reason whatsoever at its sole discretion provided however, that in case of termination of Services hereunder by StarWind, other than termination for your breach, StarWind will refund an unused portion of any fees paid to StarWind.
2. Description of Services
StarWind specializes in storage virtualization products and services (“Services”) as further described at https://www.starwindsoftware.com/ and as may be updated or changed from time to time. StarWind reserves the right to add or withdraw any Services or Products in its sole discretion.
3. Users’ Obligations
b) StarWind has the right to verify your compliance with this Agreement. If StarWind seeks to verify that compliance, you will provide information or other materials reasonably requested by StarWind to assist in the verification. StarWind monitors the overall performance and stability of the infrastructure of the Website, Services, and Content. You may not block or interfere with that monitoring. If StarWind reasonably believes a problem with the Website, Services, and/or Content may be attributable to your content or your use of the Website, Services, and/or Content, as applicable, you will cooperate with StarWind to identify the source of and resolve that problem.
c) You agree not to use or permit use of the Services, including by uploading, emailing, posting, publishing or otherwise transmitting any material, for any purpose that may: (a) menace or harass any person or cause damage or injury to any person or property; (b) involve the publication of any material that is false, defamatory, harassing or obscene; (c) violate privacy rights or promote bigotry, racism, hatred or harm; (d) constitute unsolicited bulk e-mail, “junk mail”, “spam” or chain letters; (e) constitute an infringement of intellectual property or other proprietary rights; or (f) otherwise violate applicable laws, ordinances or regulations. In addition to any other rights afforded to StarWind under the Agreement, StarWind reserves the right to remove or disable access to any material that violates the foregoing restrictions. StarWind shall have no liability to you in the event that StarWind takes such action. You agree to defend and indemnify StarWind against any claim arising out of a violation of your obligations under this section.
d) You agree not to access (or attempt to access) the Services by any means other than through the means provided by StarWind or its authorized partners. You agree not to access (or attempt to access) the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
e) If and when user purchases any StarWind product or Service or any license to any of StarWind’s software products, user agrees to perform any and all obligation and to be in strict compliance with the representations, warranties and covenants of the applicable end user and/or licensing agreement relating to such product and service.
(f). You agree that you will not:
- remove or modify any program markings or any notice of StarWind or its licensors’ proprietary rights;
- make the programs or materials resulting from the Services in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program license, product or materials from the services you have acquired as indicated in other agreements you have with StarWind, as applicable);
- modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to StarWind;
- disclose results of any services or program benchmark tests without StarWind’s prior written consent;
- license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the Services, StarWind products, or materials available, to any third party other than, as expressly permitted under the terms of the Agreement;
- to disrupt or interfere with any other user’s enjoyment of the Website and Services or affiliated or linked sites;
- to upload, post, or otherwise transmit through the Website and Services any viruses or other harmful, disruptive, or destructive files;
- to use or attempt to use another user’s User Account, password, or system;
- to access or attempt to access any Content or User Content (as defined below), which you are not authorized to access under the terms herein; and
- to disrupt or interfere with the security of, or otherwise cause harm to the Website, Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website and Services or any affiliated or linked sites.
g) The rights granted to you under the agreement are also conditioned on the following:
- the rights of any user licensed to use the Services cannot be shared or used by more than one individual (unless such license is reassigned in its entirety to another authorized user, in which case the prior authorized user shall no longer have any right to access or use the license);
- except as expressly provided herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and
- you agree to make every reasonable effort to prevent unauthorized third parties from accessing the Services.
4. Information and Materials Provided By You
b) You agree to provide any notices and obtain any consents related to your use of the Services and StarWind provision of the Services, including those related to the collection, use, processing, transfer and disclosure of personal information. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and ownership of all of your data.
5. Tools and Statistical Data
a) StarWind may use tools, scripts, software, and utilities (collectively, the “tools”) to monitor and administer the Services and to help resolve your StarWind service requests. The tools will not collect, report, or store any of your data residing in the service production environment, except as necessary to troubleshoot service requests or other problems in the Services provided. Data collected by the tools (excluding production data) may also be used to assist in managing StarWind’s product and service portfolio and for license management. You agree that (a) except as set forth in the following paragraph, you may not access or use the tools, and (b) you will not use or restore the tools from any tape backup at any time following termination of the Agreement.
b) StarWind may compile statistical information related to the performance of the Services, and may make such information publicly available, provided that such information does not incorporate your data and/or identify your confidential information or include your company’s name. StarWind retains all intellectual property rights in such information.
6. Term and Termination
c). You are solely responsible for cancelling your User Account, which you may do by contacting StarWind at firstname.lastname@example.org.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE WEBSITE OR SERVICES IN ANY WAY.
7. Third Party Materials and Linking to This Website
b) Linking to this Website is permitted provided that you comply with the following rules. You may link to the home page of this Website or to any other page of this Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that StarWind endorses or sponsors the linker or its website, products or services. You must not use StarWind’s intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from StarWind. Furthermore, you agree to remove the link at any time upon StarWind’s request.
8. Intellectual Property
a) Copyright, trademark, and all other proprietary rights on the Website, Services, and Content (including but not limited to software, services, audio, video, text and photographs, but excluding User Content defined below) rest with StarWind and/or its licensors. Unless otherwise specifically provided herein or authorized by StarWind in writing, all rights in the Website, Services, and Content not expressly granted herein are reserved. You agree not to copy, republish, frame, or make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, or Services, other than in conjunction with the Services offered by StarWind through the Websites. You agree also that all software Services shall (i) retain all electronic prominent copyright notices referring to StarWind as originally placed, if and as applicable, by StarWind (e.g. “Copyright © 2018 StarWind Software Inc. All rights reserved”) and/or contain “Powered by StarWind: StarWind Software Inc.” notice, as applicable, and (ii) you shall not mask, frame, overlay, impair or otherwise materially alter, affect or impair such notices and shall place copyright notices in its marketing of the StarWind Services.
b) StarWind hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Materials or otherwise provided on this Website are the properties of their respective owners. StarWind disclaims any proprietary interests in the intellectual property rights other than their own.
9. Warranties and Disclaimers
a) ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” STARWIND HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. STARWIND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE STARWIND WEBSITE, SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. STARWIND DOES NOT WARRANT THAT THE WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY STARWIND ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by StarWind in writing, contractors, agents, dealers or distributors of StarWind or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
c) The Website and Services may contain references to specific StarWind products and Services that may not be available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
d) You understand and agree that by using the Website and Services, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website and Services at your own risk.
e) IN NO EVENT SHALL STARWIND OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION, OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE, OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS, OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE AND SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, OR ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF STARWIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST STARWIND PERTAINING TO OR IN CONNECTION WITH THE WEBSITE AND SERVICES MUST BE COMMENCED AND NOTIFIED TO STARWIND IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
f) Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
10. Your Warranties
b) Any and all items sent, received, downloaded, or purchased from the Website and Services may be subject to United States export controls. You acknowledge and agree that you are not nor will be at any time in the future (i) located in a country embargoed by the United States, (ii) the target of any sanctions program that is established by Executive Order of the President or published by the Office of Foreign Assets Control, U.S. Department of the Treasury (“OFAC”); (iii) designated by the President or OFAC pursuant to the Trading with the Enemy Act, 50 U.S.C. App. § 5, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06, the Patriot Act, Public Law 107-56 or any Executive Order of the President issued pursuant to such statutes; (iv) named on the following list that is published by OFAC: “List of Specially Designated Nationals and Blocked Persons”; (v) an individual or a company that is on the U.S. Treasury Department’s list of Specially Designated Nationals; or (vi) on the United States Commerce Department’s Table of Deny Orders. By using the Website, Services, and Content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
11. User Account
c) You may also, as applicable and made available, access the Website and Services by logging in using an authorized third party social network account, such as a Facebook or Twitter account. By doing so, you authorize StarWind to collect your personal profile and activity information from that third party social network.
d) Please note that if you opt to use your Facebook account to login to our Website and/or use our Services, StarWind is able to access all of your data in connection with your Facebook account, including, without limitation your friends list, pictures you posted or those posted of you on Facebook, businesses and stories you “liked,” places you visited, etc.
e) This information you provide is used for such purposes as allowing you to set up a User Account and profile that can be used to interact with other users through the Service, improving the content of the Service, customizing the advertising and content you see, and communicating with you about specials and new features. It is completely optional for you to engage in these activities and/or make any purchases from StarWind.
12. User Content
b) StarWind does not control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are solely responsible for your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content. It is your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that your use of any such User Content complies with all applicable laws, licensing requirements and does not infringe third parties’ proprietary rights. You are also responsible for any content that you post or transmit as well as all content posted or transmitted through or by use of your User Account.
c) Content prohibited from the Website and Services include but is not limited to: (1) illegal content; (2) content relating to the creation, advertising, distribution, or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, or pornographic content); (4) content that discloses another person’s personal, confidential, or proprietary information; (5) fraudulent content; (6) malicious content such as malware or spyware; and (7) content that offers, promotes, advertises or provides links to unsolicited products or services.
13. Guidelines for Communicating with Users
b) StarWind reserves the right to modify and/or delete any message submitted by users, at its sole discretion, at any time and for any reason, including, but not limited to material which in StarWind’s opinion:
- may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening;
- may infringe any intellectual property or other rights of any entity or person
- may violate any applicable law or advocates illegal activity;
- advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity;
- disrupts the normal flow of dialogue or otherwise acts in a way which affects the ability of other people to engage in real time activities via StarWind’s Website;
- includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication;
- violates any policy or regulation established from time to time regarding use of this Website or any networks connected to this Website; or
- contains links to other sites that contain the kind of content which falls within the descriptions set out above.
14. Technical Support
StarWind provides technical support for users with regard to its Services and/or products. In order to receive technical support from StarWind, the user seeking such support must request such support by contacting StarWind at email@example.com or as otherwise provided in the applicable invoicing documentation or the Website. The user should describe the nature of the problem to be resolved with reasonable detail as well as provide information about the user (name, address, etc). StarWind will make reasonable efforts to respond to such requests in a timely manner. The user shall cooperate with StarWind when seeking technical support services by providing information necessary to assist StarWind or requested by StarWind while diagnosing or resolving the issue. Although StarWind cannot guarantee that a technical support issue will be resolved, StarWind will make reasonable efforts to perform technical support services in a professional manner. Further details and procedures relating to the paid support Services are described in the applicable invoicing terms and Service addendum located at https://www.starwindsoftware.com/support.
16. Notice and Procedure for Making Claims of Copyright Infringement
It is StarWind’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide StarWind’s Copyright Agent with the written information specified below. (Please note that this procedure is exclusively for notifying StarWind and its affiliates that your copyrighted material has been infringed.)
- An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on this Website;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
StarWind’s Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:
|Name:||Dmitri I. Dubograev, Esq.|
|Address:||901 North Pitt Street, Suite #325 Alexandria, VA 22314|
17. Unlawful or Prohibited Use
19. Service Access
If the Website and Services are not available for any period or any time, StarWind shall not be liable. StarWind gives no warranties as to the accessibility, performance, or availability of the Website or Services. Temporary suspension of access to the Website and Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. StarWind reserves the right to suspend the operation of the Website or Services. You agree that neither StarWind nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on this Website.
20. Agreement to Deal Electronically
All transactions with or through the Website or Services may, at StarWind’s option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
b) Force Majeure. StarWind will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of StarWind.
e) Survivability. Notwithstanding any provisions to the contrary herein, the provisions of Section 3(e), 6, 8, 9, 10, 11, 12, 18, 19, 20, and 21 shall survive the termination or expiration of this Agreement and such termination or expiration shall not release you or StarWind of their respective obligations regarding your obligations with respect to intellectual property rights or any duties, liabilities or obligations which by the terms hereof or in context are to survive termination.
StarWind does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website is non-compliant with any national law of any country. Those who access the Website or Services do so at their own initiative and are responsible for compliance with their national laws.
Copyright © 2018 StarWind Software Inc. All rights reserved. The Website and Services and accompanying products and documentation are the copyrighted property of StarWind Software Inc. and/or its licensors and protected by copyright laws and international intellectual property treaties. StarWind® and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of StarWind Software Inc. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the StarWind, Inc. or third party trademarks or logos without the prior written consent of StarWind Software Inc. or the applicable trademark owner is strictly prohibited.