Accelerating Software Delivery

Terms of Use

These Terms of Use describe rules for visitors to www.electric-cloud.com. PLEASE READ THESE TERMS OF USE CAREFULLY. Our site is owned and operated by Electric Cloud, Inc. ("Electric Cloud").

These Terms of Use were last updated on July 31, 2003. We may change and update these Terms of Use at any time by posting the amended Terms of Use on our site, which will be effective immediately. Please review the Terms of Use each time you visit our site. By using our site, it means you accept and agree to the most recent version of the Terms of Use and of the Privacy Policy on our site.

Nothing on our site shall be construed as conferring any license under any of our or any third party's intellectual property rights, whether by estoppel, implication, or otherwise. The information on our site relates to products and services offered by Electric Cloud. The materials on our site are for your general educational information only and are not intended to provide investment or technical advice. This website is not intended to provide instruction on the appropriate use of products that are being developed or produced by Electric Cloud or its affiliates, related companies, licensors or partners.

The materials on our site belong to or are licensed to Electric Cloud and are protected by United States and foreign copyright laws. There are some important rules about copying these materials. You may e-mail, download, or print copies of the materials on our site, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on our site, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.

We also own the names we use for our products and services on our site, and these names are protected by United States and foreign trademark laws. An ® following a name on our site indicates that the trademark has been registered in the United States. A ™ following a name on our site indicates that it is an unregistered trademark. "Electric Cloud," "Electric Make," "ElectricAccelerator" and "ElectricInsight" are trademarks of Electric Cloud, Inc. All other trademarks are the property of their respective owners.

Under no circumstances may you "frame" our site or any of its content or copy portions of our site to a server. You agree not to display or use Electric Cloud's logos, trademarks or service marks in any manner without our prior written permission. If you use the materials on our site or our logos, trademarks or service marks in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use our site. Title to the materials remains with us or with the authors of the materials contained on our site. All rights not expressly granted are reserved.

You may terminate this agreement at any time by terminating your access to and use of the website. Your sole and exclusive remedy under these Terms of Use is to terminate these Terms of Use and to discontinue accessing and using the website if we breach these Terms of Use or if you are dissatisfied with our website or with any term or condition of these Terms of Use.

Our site may contain links to websites not operated by Electric Cloud. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. We do not control or endorse the information on such other websites and are not responsible for their performance or for your business dealings with them. Your use of other websites is subject to the terms of use of those websites, including the privacy policies of those websites.

ELECTRIC CLOUD PROVIDES OUR SITE AND ALL CONTENT, INFORMATION, AND DATA CONTAINED THEREIN ON AN "AS IS" BASIS, AND WE EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT NEITHER ELECTRIC CLOUD NOR ANY PERSON OR COMPANY ASSOCIATED WITH ELECTRIC CLOUD SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE OUR SITE OR THE MATERIALS ON OUR SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ELECTRIC CLOUD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON OUR SITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you violate these Terms of Use or the Privacy Policy in a way that causes harm to others, you agree to indemnify, defend, and hold harmless Electric Cloud against any and all claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on, or in connection with your access and/or use of our website or any link to or from our site.

These Terms of Use shall be governed in all respects by the laws of the State of California, without regard to principles of conflict of laws. You agree and irrevocably consent to the exclusive and sole jurisdiction of and venue in the courts located in Santa Clara County, California. We do not guarantee continuous, uninterrupted or secure access to our site, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by Electric Cloud, in our sole discretion, to a third party in the event of a merger or acquisition. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You may not access, download, use, or export information (including any software, products or services) contained on our site in violation of U.S. export laws or regulations, or in violation of any applicable laws or regulations.