November 3, 2012

Website Terms & Conditions of Use

Peregrine Networks’s Terms & Conditions of Use

This web site (“Web Site”) is provided by Peregrine Networks (“Peregrine Networks”) for use by its customers, potential customers, and employees. This agreement (“Agreement”) states the Terms and Conditions under which you may use this Web Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this Web Site. Peregrine Networks may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review these Terms and Conditions, because they are binding on you. If you violate any of these Terms, your permission to use the Materials (as defined below) automatically terminates and you must immediately destroy any copies you have made of the Materials.

Section 1. Use of Materials.
Peregrine Networks authorizes you to view, copy, and reproduce any of the Materials on this Web Site provided that you agree to and abide by the terms and conditions contained herein and in any separate agreement you enter into with Peregrine Networks. Please note that special rules, including applicable licensing terms may apply to the use of certain licensed software and other items provided on the Web Site. You should read such licensing terms as they are binding on you by virtue of your use of any such licensed software and other items.

The contents of this Web Site, such as text, graphics, images, software, and other content (“Materials”) are protected by copyright under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose unless otherwise stated. The use of the Materials on any other web site or in a networked computer environment for any purpose is prohibited. Nothing on this Web Site or any web site of Peregrine Networks or its affiliates shall be construed as conferring any license under any of Peregrine Networks, its affiliate’s or any third party’s intellectual property rights, whether by estoppels, implication, or otherwise. Peregrine Networks prohibits the use of any Peregrine Networks trademark, or any related graphic, as a “hot” link to any web site unless approved in writing by Peregrine Networks.

The following is a partial list of trademarks or registered trademarks owned by, or under the control of, Peregrine Networks or its affiliates. All other products and services mentioned are identified by the trademarks or service marks of their respective companies or organizations. Additional marks may be added to this list from time to time at Peregrine Networks’s discretion.

Section 2. Peregrine Networks Liability. 
The Materials may contain inaccuracies or typographical errors. Peregrine Networks makes no representations about the accuracy, reliability, completeness, or timeliness of the Materials or about the results to be obtained from using this Web Site or the Materials. The use of the Web Site and the Materials is at your own risk. Changes are periodically made to the Web Site and may be made at any time.

1CLOUD DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, 1CLOUD IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. 1CLOUD AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. 1CLOUD AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE TOTAL MAXIMUM LIABILITY OF 1CLOUD IS LIMITED, IN 1CLOUD SOLE DISCRETION, TO EITHER (i) REPAIR OF ANY AFFECTED MATERIALS OR PART THEREOF; OR (ii) REPLACEMENT OF ANY AFFECTED MATERIALS OR PART THEREOF; OR (iii) REFUND TO YOU OF THE MATERIALS LICENSE FEES OR PURCHASE PRICE, IF ANY, LESS A REASONABLE FEE FOR YOUR USE OF SUCH MATERIALS.

Section 3. Disclaimer of Consequential Damages. 
IN NO EVENT SHALL 1CLOUD, ITS AFFILIATES, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 1CLOUD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 4. User Submissions.

Generally, any communication, which you post to the Web Site, is considered to be non-confidential. If particular Web pages permit the submission of communications, which will be treated by Peregrine Networks as confidential, that fact will be stated in the “Legal Notices” on those pages. By posting communications to the Web Site, you automatically grant Peregrine Networks and its affiliates a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, and to sub license such rights through multiple tiers of sub licenses.

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post sexually-explicit images; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.

Peregrine Networks does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other users or endorses any opinions expressed by users. You acknowledge that any reliance on Materials posted by other users will be at your own risk.

Peregrine Networks does not screen communications in advance and is not responsible for screening or monitoring Materials posted by users. If notified by a user of communications, which allegedly do not conform to this Agreement, Peregrine Networks may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Peregrine Networks has no liability or responsibility to users for performance or non-performance of such activities. Peregrine Networks reserves the right to expel users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications, which are abusive, illegal, or disruptive.

Section 5. Links to Other Sites.
The Web Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Peregrine Networks of the contents on such third-party web sites. Peregrine Networks is not responsible for the content of linked third-party web sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

Section 6. Indemnity.
You agree to defend, indemnify, and hold harmless Peregrine Networks, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Materials (including software) or your breach of the terms of this Agreement. Peregrine Networks shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Section 7. User Information.

Peregrine Networks may use the information it obtains relating to you, including your IP address, name, mailing address, email address, and use of the Web Site, for its internal business and marketing purposes and may disclose the information to third parties for such purposes, subject to the terms and conditions of its privacy statement.

Section 8. General.

This Web Site was created and is maintained in Manchester, New Hampshire. Peregrine Networks makes no claims that the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials (including software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of New Hampshire, without respect to its conflict of laws principles. Any action related to this Agreement shall be brought only in the state and federal courts of the State of New Hampshire and both parties waive any objection to the personal jurisdiction of and venue in such courts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” or other agreement for software or materials on particular Web pages, this Agreement constitutes the entire Agreement between you and the Peregrine Networks with respect to the use of the Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of Peregrine Networks.

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