We reserve the right, at our discretion, to modify these Terms, which modification will be effective 10 days following the posting of the modification to the Site or providing notice to you, whichever occurs first, and will apply to causes of action arising after the effective date of the change. We will inform you regarding such modifications by either notifying you via your email address or by posting such latest changes on the Site. You should continue checking the Site for changes, your continued use of this Site 10 days following the posting of changes to these Terms or providing notice to you, whichever occurs first, will indicate acceptance of these changes.
You acknowledge that any software and related documentation that may be available for download or access from the Site (the “Software”) is the copyrighted work of CloudifySource. You agree that use of the Software is governed by the terms of the license agreement which accompanies it or is included with the Software (the “License Agreement”). Aside from what is set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.
You affirm that you are over the age of 18, as the Site is not intended for children under 18. If it comes to CloudifySource's attention through reliable means that a registered user is a child under 18 years of age, CloudifySource may cancel that user's account and/or access to the Site.
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, User Submissions and any other content on the Site (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to CloudifySource. Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without CloudifySource's prior written consent. We reserve all rights not expressly granted in and to the Site. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
“GigaSpaces”, “GigaSpaces eXtreme Application Platform (XAP)”, ’GigaSpaces eXtreme Application Platform Enterprise Data Grid (XAP EDG)", “GigaSpaces Enterprise Application Grid”, “GigaSpaces Platform”, “GigaSpaces In-Memory Data Grid (IMDG)”, “GigaSpaces XAP Premium”, “GigaSpaces (XAP) Elastic Application Platform”, “GigaSpaces (XAP) Elastic Caching Edition”, “GigaSpaces, Write Once Scale Anywhere”, “Single Platform. Complete Scalability”, “On-Board and Scale. Your App. Onto Any Cloud. Your Way.”, “Any App. On Any Cloud. Your Way.”, “Cloudify”, “Any App. Any Cloud. Your Way.”, “GigaSpaces Elastic Data Caching”, "Cloudify, “On-Board and Scale Any App on Any Cloud Your Way” and other marks are Marks of CloudifySource or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these Terms.
We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, © detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of CloudifySource, its users or the public.
CloudifySource permits you to link to materials on the Site for personal, non-commercial purposes only.
CloudifySource attempts to be as accurate as possible. However, CloudifySource cannot and does not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
It is the policy of CloudifySource to respect the legitimate rights of copyright and other intellectual property owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the “DMCA”), CloudifySource has designated an agent (specified below) to receive notifications of claimed copyright infringement on its sites. Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide CloudifySource's Copyright Agent with the following information in accordance with the DMCA:
CloudifySource agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Sharone Revah Zitzman
GigaSpaces Technologies Ltd.
4 Maskit Street, Herzliya, Israel 46140
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you believe that the material you posted was removed by mistake, and that you have the right to post the material, you may elect to send us a counter notice. To be effective the counter-notification must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. a physical or electronic signature of the subscriber.
2. 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. Providing URLs in the body of an email is the best way to help us locate content quickly.
3. a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. the subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification of infringement or an agent of such person.
Such written notice should be sent to our designated agent as follows:
Sharone Revah Zitzman
GigaSpaces Technologies Ltd.
4 Maskit Street, Herzliya, Israel 46140
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE SITE ARE FOR PAYMENT.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND CLOUDIFYSOURCE, THE SITE (INCLUDING THE CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY), IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, WE DO NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
CLOUDIFYSOURCE DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN ITS USERS’ SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON THE SITE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER CLOUDIFYSOURCE USERS. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE, YOU AGREE THAT CLOUDIFYSOURCE IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED TO SUCH A DISPUTE. CLOUDIFYSOURCE RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF THE SITE.
UNDER NO CIRCUMSTANCES SHALL CLOUDIFYSOURCE, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNEES AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES EVEN IF CLOUDIFYSOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT CLOUDIFYSOURCE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE LESSER OF (A) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING THE BRINGING OF A CLAIM AGAINST CLOUDIFYSOURCE OR ITS AFFILIATES, OR (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless CloudifySource, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Site; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This indemnification obligation will survive these Terms and your use of the Site.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CloudifySource without restriction or notification to you.
Last updated: March 12, 2012