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 GigaSpaces. 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 GigaSpaces's attention through reliable means that a registered user is a child under 18 years of age, GigaSpaces 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 GigaSpaces. 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 GigaSpaces'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 GigaSpaces 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 GigaSpaces, its users or the public.
GigaSpaces attempts to be as accurate as possible. However, GigaSpaces 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 GigaSpaces 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”), GigaSpaces 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 GigaSpaces's Copyright Agent with the following information in accordance with the DMCA:
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:
GigaSpaces Technologies Ltd.
4 Maskit Street, Herzliya, Israel 46140
Tel: +972-9-952-6751 Fax: +972-9-956-4410 Email- GigaSpacescopyright@gigaspaces.com
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.
You agree to defend, indemnify and hold harmless GigaSpaces, 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 GigaSpaces without restriction or notification to you.
Last updated: March 12, 2014