04-01-2008 06:50 PM
The Content on this website (the "Site") is provided by Brocade Communications Systems, Inc. ("Brocade") as a service to its customers and partners and may be used for informational purposes only. The Terms and Conditions of Use ("Terms and Conditions") set forth below apply to "You" as a current or new registrant to: (1) Brocade Connect or (2) Brocade Partner Network as registered on http://www.brocade.com/. By accessing this Site or downloading any Content, you agree to be bound by these Terms and Conditions. If you do not agree with the Terms and Conditions set forth herein, do not attempt to access the Site or download any Content.
Upon accessing this Site, You warrant to Brocade that You will not use this Site, or any of the Content on this Site, for any purpose that is unlawful or prohibited by these Terms and Conditions. If You violate any of these Terms or Conditions, your permission to use the Site shall terminate immediately. IMPORTANT NOTICE: This Site is not a method to obtain direct support from Brocade.
The Site may be used as a forum to share knowledge, connect and converse with the Brocade Community; Brocade registered members. Brocade reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof). Brocade shall not be liable to You or any third party for any such modification, suspension or discontinuance of this Site except as expressly provided herein.
Each Site user must: (1) personally provide true, accurate, current and complete information on the Site's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, Brocade has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, Brocade may suspend or terminate that user's account and prohibit any and all current or future use of this Site (or any portion thereof) by that user other than as expressly provided herein.
Each user will enter a password and username and receive account designations upon completing certain Site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring there under. Brocade cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to: (1) immediately notify Brocade of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively referred to as "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that You, and not Brocade, are entirely responsible for all Content that You upload, post, email or otherwise transmit via the Site. You shall not transmit Content or otherwise conduct or participate in any activities on this Site that is prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, copyright law, or the permissible uses of intellectual property.
Brocade reserves the right to refuse or delete any Content of which it becomes aware and at its sole discretion deems inappropriate. In addition, Brocade shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms and Conditions or may otherwise be illegal. Brocade, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Brocade to protect the rights, property, or personal safety of the Site users and the public. Brocade does not control the Content posted to the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Brocade be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via this Site.
By using this Site, You may be exposed to Content that is offensive, indecent or objectionable which is not approved by Brocade. Posting of such materials will result in the immediate disabling of Your password, and termination of Your account. You must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Blog authors and blog users (hereinafter "Bloggers") who post blog entries, comments or other Content are expected to adhere to conduct as set forth herein. Bloggers may create blogs generally discussing Brocade products and services, or related technology. Although Brocade respects the freedom of Bloggers and the Content they post, blogs that predominantly discuss topics completely unrelated to Brocade products, offerings, or related technology or that consume excessive resources or bandwidth may be taken down at the sole discretion of Brocade. Bloggers should take responsibility not just for their own words, but for the comments allowed on their blogs; label their tolerance level for abusive comments; consider eliminating anonymous comments; ignore the trolls (i.e., those who intentionally post derogatory or otherwise inflammatory messages); take the conversation offline, and talk directly, or find an intermediary who can do so; if you know someone who is violating the conduct guidelines, tell them so; and don't say anything online that you wouldn't say in person. Bloggers understand that they bear the full responsibility of any Content they post and that such Content may lead to adverse consequences in their personal or professional lives, such as damaged friendships or loss of employment.
This Site is owned and operated by Brocade for the purpose of connecting prospective users, existing users, and indirect or direct Brocade partners to share resources, best practices, and help one another find answers to their questions optimize Brocade based environments. However, by posting information, You hereby grant permission for the content to be reused elsewhere on the Site and by others who access this Site. Brocade retains the right to terminate anyone's access to the Site for any reason.
Any documents, papers, text, data, or other information posted by Brocade on the Site is and shall remain the sole property of Brocade and may not be copied, modified, moved, translated, adapted, distributed or displayed without Brocade prior written permission.
Upon submitting Content to this Site, You grant Brocade a royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.
Use this site unlawfully. In particular, do not post, publish, or distribute any defamatory, obscene, infringing or other unlawful material or information in the Brocade Community
Post any photos with commentary or third party copyrighted information on the site.
Disclose any third party confidential information such as software or other materials that would allow participants or third parties to harm other users' computers or to inappropriately access software or websites or post other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or have rights to these materials.
Upload any computer programs that contain destructive features such as viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject Brocade's hosted network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Site.
Do not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication or disrupt ordinary operation of the site.
You agree not to use this Site to make personal attacks, offensive language, or negative commentary against another contributor to this site in an attempt to provoke a negative response.
Do not falsely impersonate any other person in the forum, including Brocade employees or agents.
Do not use the Site to spam other users, including sending identical and irrelevant submissions to many different discussion groups, mailing lists or communities.
Do not rely on the Site as the primary mechanism for operating or promoting your business.
You agree not to sell, resell, or offer for any commercial gain, any Content posted on the Site, or provide use of or access to the Site to third parties not authorized access.
Keep Your password and account private and confidential.
You will use this site constructively and consistent with that specified in these Terms and Conditions
Be bound by the Terms and Conditions of Use of the Site.
You are responsible and liable for all your activities while participating in the Site, including anything you contribute.
Brocade is not responsible for securing any materials you post.
You are responsible for any actions you may take based on information or advice you receive while on the Site.
Brocade may terminate Your account in Brocade's absolute discretion and for any reason. Brocade is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms and Conditions; (2) abuse of Site resources or attempt to gain unauthorized entry to the Site or Site resources; (3) use of the Site in a manner inconsistent with the Purpose; (4)Your request for such termination; or (5) posting of inappropriate or obscene materials; (6) violation of copyright or other laws with regards to the content posted, or (7) as required by law, regulation, court or governing agency order.
Brocade's termination of Your access to the Site may be effected without notice and, on such termination, Brocade may immediately deactivate or delete Your account and/or bar any further access to such files. Brocade shall not be liable to You or any third party for termination of Your account hereunder. In addition, Your request for termination will result in deactivation but not necessarily deletion of the account. Brocade reserves the right to delete, or not delete, a user's account at Brocade's sole discretion, as well as to delete, or not delete, content at Brocade's sole discretion.
You shall indemnify, defend and hold harmless Brocade, and its parent and affiliates and their respective officers, employees and agents, and each of Brocade 's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the Site; his or her submission, posting or transmission of Content or his or her violation of these Terms.
USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND BROCADE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BROCADE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BROCADE MAKES NO WARRANTY THAT THE SITE OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. BROCADE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BROCADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL BROCADE'S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THESE TERMS AND CONDITIONS EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Brocade has no responsibility or liability for the Content uploaded, or any third party links, deletion or failure to store any messages and other communications or other Content maintained or transmitted on this Site. Brocade reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time.
An authorized Site user, or a third party may provide links to other websites. Brocade exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. Brocade shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at Your own risk.
The Site's Privacy Statement is applicable only when you are on a Brocade Site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Brocade and any user or other person or entity nor do these terms of service extend rights to any third party. As noted above, Brocade does not and cannot control the actions of Brocade Site users, visitors or linked third parties. Brocade reserves the right to report any malfeasance that comes to our attention to the appropriate authorities.
Brocade respects the intellectual property rights of others, and requires that the people who use the Site do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If You believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, You may notify us by providing our copyright agent with the following information in writing:
(1) The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
(2) Identification of the copyrighted work that you claim has been infringed;
(3) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Brocade to locate the material, including the full URL.
(4) Your name, addresses, telephone number, and email address.
(5) 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;
(6) A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
If Brocade receives such a claim, Brocade reserves the right to refuse or delete Content, or to terminate a user's account as set forth herein. Notification of claimed infringement under the Digital Millennium Copyright Act of 1998 ("DMCA") must be submitted to Brocade's agent directly at: http://firstname.lastname@example.org.
After receiving a claim of infringement, Brocade will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable Brocade intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Brocade will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Brocade will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, Brocade will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, Brocade will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless Brocade's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the Brocade system or network.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
(1) Your physical or electronic signature;
(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, including the full URL;
(3) A statement under penalty of perjury that you have 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) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Brocade may be found and that you will accept service of process from the person who provided the initial notification of infringement.
These Terms and Conditions constitute the entire agreement between You and Brocade and govern Your use of the Site, superseding any prior agreements oral or written. You may be subject to additional terms and conditions that may apply when You use affiliate services, third party content or third party software.
This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Please report any violations of the Terms (except for claims of intellectual property infringement) to the Brocade Site Manager at http://email@example.com.
Brocade reserves the right to remove at any time, without notice, any contribution that violates these guidelines. Brocade also reserves the right at any time, without notice, to ban a user who has violated the Terms and Conditions of this Site.