and Terms and Conditions of Use
These additional terms describes how Hitachi Vantara will collate, store and use any personal data submitted via https://community.hitachivantara.com (the “Hitachi Vantara Community”) or which you may provide to us.
What personal data do we collect about you?
We collect from you limited personal data which includes your name(s) and contact details. In addition, in the case of the Hitachi Vantara Community we also collect and process the following personal data about you:
- Information that you provide by filling in forms on the Hitachi Vantara Community website. This includes information provided at the time of registering to use the Hitachi Vantara Community (i.e. your name, contact details, username, email, password for the Hitachi Vantara Community and other basic information);
- Information provided when you post material to the Hitachi Vantara Community or request further services; and
- Information when you report a problem with the Hitachi Vantara Community.
Once you have registered to become a member of the Hitachi Vantara Community you will be able edit your profile and add other personal information such profile image, title, role, location, biography, expertise, certification, company type, company, user type, any tags, your twitter handle and your relationship to Hitachi Vantara. We will not ask you to send us any sensitive personal data, such as your religious convictions, state of mental or physical health, ethnic origin and similar sensitive information. Please do not send us any such personal data if possible to help us with our obligations under law. If you do send us such data, this data will not be used in any way and will be discarded according to company protocol.
How do we collect your personal data?
Why do we collect your personal information?
- We use the information that we collect or that you provide to:
- Give you access to the Hitachi Vantara Community, by issuing you with a registered user identification.
- Respond to your questions.
- Allow you to post materials relevant to the Hitachi Vantara community
- Administer the Extranet and the Hitachi Vantara Community and your use of the Extranet and the Hitachi Vantara Community.
- Perform and track user analytics for purposes of increasing customer satisfaction, loyalty, and advocacy, as well as improving user experience.
Disclosure of your personal data to third parties
- We may disclose your personal data to the following persons:
- Other companies within our Hitachi group of companies.
- Any person who takes a transfer of our rights and obligations under any agreement we have with you.
- Regulators (including the Office of the Information Commissioner or other applicable local data protection officers in the respective country of domicile), professional advisers to and agents of any of the Hitachi group of companies.
Any disclosure of this information will be subject to local Data Protection laws.
- In addition, the Hitachi Vantara Community is about sharing information with others participating in the Hitachi Vantara Community, so any personal information that you provide to us and upload to the Hitachi Vantara Community pages may be disclosed to:
- Third parties, such as Hitachi Vantara's service providers or business partners (when we believe that the disclosure is permitted by you, or when the disclosure is reasonably necessary for the purposes of the Hitachi Vantara Community, or when disclosure is legally required); and
- Other registered members of the Hitachi Vantara Community.
Please note that we have provided you with privacy settings that you can use to restrict other users of the Hitachi Vantara Community and third parties from accessing parts of your personal information.
Our network security system within the Hitachi Vantara Community may automatically intercept or block any email you provide to us if the email contains any words or attachments that trigger the content filter to respond. The system is designed to detect and block potentially wrongful code or illicit or offensive content. It may exceptionally and by mistake block perfectly proper correspondence. You will be notified of such a block by return email. Please contact us on email@example.com if you need assistance.
Terms and Conditions of Use
Collectively, the terms below are referred to as the "Agreement."
THIS SITE MAY ONLY BE ACCESSED AND USED BY INDIVIDUALS AND ON BEHALF OF CORPORATE ENTITIES. TO THE EXTENT THAT THE HITACHI VANTARA COMMUNITY (HITACHI VANTARA COMMUNITY) IS BEING ACCESSED AND USED THESE TERMS AND CONDITIONS OF USE MAY BE AGREED BY INDIVIDUALS AND ON BEHALF OF CORPORATE ENTITIES AND THE FOLLOWING PROVISIONS SHALL APPLY.
Periodically, you may be required to re-accept the terms and conditions. The terms may be accessed from the link at the bottom of our user login page.
1. COPYRIGHT NOTICE
Copyright 1998–2018 Hitachi Vantara Corporation. All rights reserved.
All pages and Content within this Site are the property of Hitachi Vantara or its direct or indirect licensors.
2. TRADEMARK NOTICE
"Hitachi Vantara", the "Hitachi Vantara" logo, and "hitachivantara.com" are trademarks and service marks of Hitachi Limited. Unless otherwise noted on the Site, all other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
3. LICENSE GRANT & EXCLUSIVE OWNERSHIP BY HITACHI VANTARA
a. License. Subject to the terms and conditions of this Agreement, and until termination of the Agreement, Hitachi Vantara grants you a non-exclusive, non-transferable, non-assignable, limited license (which may be revoked by Hitachi Vantara at any time for any reason) to download (as required to view the Content), view, or print the Content which is not marked as " Hitachi Vantara Proprietary and Confidential Information" in this Site, without alterations, solely for use only in the furtherance of the legitimate business purposes of either you or your Company directly and reasonably relating to your Company’s business relationship with Hitachi Vantara for so long as the following copyright notice is included: "Copyright 1998–2018 Hitachi Vantara Corporation. All rights reserved." This limited license does not apply to any media or platform other than that of the Hitachi Vantara Community.
b. Ownership. All Content on the Site is (and shall continue to be) owned exclusively by Hitachi Vantara, and is protected under applicable copyrights, trademarks, trade dress, and other proprietary (including but not limited to intellectual property) rights, and the copying, redistribution, use or publication by you of any Content or any part of the Site marked as "Hitachi Vantara Proprietary and Confidential Information" is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your Site Use.
4. RESTRICTIONS ON USE
a. Prohibited Acts. While using the Site or Site-related services, you agree not to:
i) Restrict or inhibit any other user from using and enjoying the Site and services;
ii) Use any device, software or routine to interfere with or attempt to interfere with the proper working of the Site;
iii) Post or transmit into or on the Site any unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, promotional, advertising, "chain letters", spam or unlawful material or information, obscene or otherwise objectionable or harmful information of any kind;
iv) Post or transmit into or on the Site any Information or software that contains a virus, worm, Trojan horse or other harmful contaminant or disruptive component
v) Publish, republish, perform, distribute, assign, sublicense, sell, prepare derivative works, modify, lease, rent, copy (other than as permitted in section 3a), reverse compile, reverse engineer, reverse assemble, transmit, display, decompile, translate, or use (other than as permitted by applicable law and/or in section 3a) the Content;
vi) Post or transmit into or on the Site any Information in violation of another party's copyright or intellectual property rights (including Information that infringes on another's rights);
vii) Take any action which imposes an unreasonable (as determined solely by Hitachi) or disproportionately large load on Hitachi's infrastructure;
viii) Redeliver any of the Content using "framing", or other technology without Hitachi's express written permission; or use any device or technology to provide repeated automated attempts to access the Site other than those made generally available by Hitachi Vantara;
ix) Send, knowingly receive, upload, download, use or re-use any material which does not comply with Hitachi Vantara’s Content Standards.
b. Reproduction of Content. You agree not to reproduce or commercially exploit any Content in any form, including but not limited to by photostat, microfilm, xerography, digitally, or to incorporate any Content into any information retrieval system, electronic or mechanical, other than as stated in section 3a.
c. Right to Regulate. Hitachi Vantara has no obligation to monitor the Site or Site-related services. However, you acknowledge and agree that Hitachi Vantara has the right to monitor the Site and Site-related services and to disclose any Information necessary to operate the Site properly, to protect Hitachi Vantara, Third Parties, and Hitachi Vantara customers, and to comply with legal obligations or governmental requests. Hitachi Vantara reserves the right to refuse to post or to remove any Information on the Site, in whole or in part, that are unacceptable, offensive, violative (or allegedly so) of the rights of third parties, or in violation of this Agreement. Hitachi Vantara also reserves the right to prohibit any user who, in Hitachi Vantara's sole discretion, violates the Agreement from using the Site and related services. Such prohibition may occur without notice to the user.
d. No Transfer; Law Compliance. You agree not to attempt to transfer the limited license granted to you in section 3. You further agree to comply with all governmental laws, statutes, ordinances, and regulations (including those consumer protection, unfair competition, anti-discrimination or false advertising) regarding your use of the Site.
5. YOUR SITE USE ACTIVITIES
a. Unauthorised Email. Relating to your Site Use, you agree not to engage in the sending of any unauthorised or mass email messages (also known as "spamming") to Hitachi Vantara, its employees, contractors, customers, or Third Parties.
b. Linked-Sites and Hitachi Vantara Community Content. The Hitachi Vantara Community may contain links to Linked-Sites and third party content. You acknowledge that, when you click on a link to visit a Linked-Site, a frame may appear that contains the Hitachi Vantara logo, advertisements and/or other Information. You acknowledge that Hitachi Vantara neither endorses nor is affiliated with the Linked-Site or any third party content on the Hitachi Vantara Community and is not responsible for any information (including any materials, software, content, or data) that appears on the Linked-Site or the Hitachi Vantara Community, or for any products and services referenced by the Linked-Site or in the Hitachi Vantara Community. No information in any Linked-Site or the Hitachi Vantara Community has been investigated, confirmed, approved, or verified by Hitachi Vantara. You also acknowledge that the owner of the Linked-Site neither endorses nor is affiliated with Hitachi Vantara or Third Parties.
c. Waiver of Linked-Site Use. Because Hitachi Vantara does not and cannot control any content or activities of any Linked-Site and/or the Hitachi Vantara Community, in the event that you have a dispute relating to one or more Linked-Sites or the Hitachi Vantara Community, you hold harmless and release Hitachi Vantara (and our agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
d. Dated Materials. You acknowledge that Hitachi Vantara has no obligation to update the Site, but will do so as soon as reasonably practicable after publication of new Content (if applicable). Therefore, when using the Site, there is a possibility that Content may be outdated (including information about the products and services of Hitachi Vantara or Third Parties, or pricing thereof).
e. External Issues. You acknowledge that (i ) the internet is a network of computers world-wide, and that any Information submitted by you to Hitachi Vantara necessarily is routed via third party computers to Hitachi Vantara, (ii) Hitachi Vantara is not responsible for lapses in online security or any technical malfunction of the Site and does not assume liability for improper use of your Information by a third party. You bear the entire risk of loss for your Site Use related to security, privacy, or technical malfunctions.
f. Information on our Site regarding non-Hitachi Vantara products or services is based on information supplied by other companies about the products and services they offer. Hitachi Vantara has not independently verified the contents of this information and takes no responsibility for the accuracy or completeness of information contained in such information.
g. Information You Provide. You agree, represent, and warrant that all Information that you provide to Hitachi Vantara or Third Parties relating to your Use of the Hitachi Vantara Community will be accurate, complete and current.
h. Password. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. Hitachi Vantara has the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this Agreement. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [Community@HitachiVantara.com].
6. SUBMISSIONS OF INFORMATION BY YOU
Grant of License to Hitachi Vantara. When applicable, before submitting any Information to this Site, you agree to always check your software license agreements to make sure that you do not infringe the intellectual property rights of others. You acknowledge and agree that, by submitting any Information to Hitachi Vantara and/or the Hitachi Vantara Community you grant to Hitachi Vantara a nonexclusive, world-wide, perpetual, royalty-free, fully-paid license to (in any media now known or not currently known or invented) link to, utilise, use, copy, reproduce, distribute, adapt, perform, display and sublicense (through multiple tiers) the submitted Information.
7. LIMITED APPLICABILITY, COOPERATION & INDEMNITY
a. Geographic Scope. Although the Site is accessible world-wide, not all products or services discussed or referenced in the Site are available to all persons or in all geographic locations or jurisdictions. Hitachi Vantara reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction as it so desires.
b. Content changes. Hitachi Vantara in its sole discretion may prospectively add, delete or change (including price changes) the Content or some or all of our products, services, or other offerings at any time, and postings and information on the Hitachi Vantara Community, without notice to you.
c. Indemnity. You agree to indemnify, defend and hold harmless Hitachi Vantara and Third Parties against any and all liabilities, claims, damages, costs or other expenses (including attorneys' fees, costs, expenses, and expert witness fees) that arise directly or indirectly out of or from (i ) your breach of this Agreement, or (ii) your Site Use activities.
d. Hitachi Vantara Goodwill. The Parties each acknowledge that the Content has acquired a valuable secondary meaning and goodwill with the public. Accordingly, you undertake and agree not to use the Content or any information available on the Hitachi Vantara Community in any manner whatsoever that, directly or indirectly, would derogate or detract from the repute of Hitachi Vantara or the Content. You agree that if you or any of your shareholders (if any) is convicted of any offence or otherwise becomes an object of public scorn which materially and adversely affects the goodwill of the Content or of Hitachi Vantara, Hitachi Vantara shall have the right to terminate this Agreement.
e. Protection of Content. You agree to protect any of the content including without limitation protecting the Content against infringement or claims of infringement.
8. LIMITED WARRANTY AND DISCLAIMERS
a. DISCLAIMER OF WARRANTY. HITACHI VANTARA AND OTHER SITE CONTENT PROVIDERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT HEREON. THIS SITE, INCLUDING ALL CONTENT CONTAINED WITHIN IT, ANY SITE-RELATED SERVICE, ACCESS TO ANY LINKED-SITE, OR ANY PRODUCT OR SERVICE LICENSED OR PROCURED THROUGH THE SITE, IS PROVIDED TO YOU BY ALL CONTENT PROVIDERS (AND IN THE CASE OF THE HITACHI VANTARA COMMUNITY BY ALL OTHER USERS) "AS IS" AND "AS AVAILABLE", WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU HEREBY WAIVE ALL WARRANTIES BY HITACHI VANTARA RELATING TO YOUR SITE USE. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY HITACHI VANTARA. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE AND/OR RELATED SERVICES WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME DUE TO MAINTENANCE, TELECOMMUNICATIONS DISRUPTIONS, AND OTHER PROBLEMS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR SITE USE AND SITE-RELATED SERVICES.
b. 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 of this Section 8(a) may not apply to you.
c. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL ANY OF HITACHI VANTARA OR SITE CONTENT PROVIDERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, PROFITS, BUSINESS OPPORTUNITY, REVENUE, ANTICIPATED SAVINGS, LITIGATION, OR THE LIKE WHETHER FORESEEABLE OR NOT), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LIABILITY ARISING OUT OF OR IN ANY WAY RELATING IN ANY WAY TO THE SITE, YOUR SITE USE, SITE-RELATED SERVICES, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR CONTENT IS TO STOP USING THE SITE AND CEASE ALL OF YOUR SITE USE. The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and Hitachi Vantara, and constitutes the consideration for Hitachi Vantara granting you the limited license stated in section 3. The information and the goods and services provided from this Site would not be provided without such limitations. You may have additional rights under certain laws (such as consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
d. Hitachi Vantara liability in contract, tort or otherwise (including negligence) arising out of or in connection with this Agreement or the performance or observance of its obligations under this Agreement and every applicable part of it shall be limited in aggregate to the total amount paid by you to Hitachi Vantara or which is fixed and known to become due to Hitachi Vantara from you in the calendar year in which such liability arises.
e. Cautionary Note. A possibility exists that the Site could include inaccuracies or errors (including both substantive and typographical errors). Additionally, there is a possibility that unauthorised additions, deletions and alterations could be made by third parties to the Site. Your Site Use is at your own and sole risk and you assume the entire cost of all necessary servicing, repair, or correction of your property or operations as a result of your Site Use. Although Hitachi Vantara desires to maintain the integrity and the accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. In the event you discover an inaccuracy, please inform Hitachi Vantara so that it can be corrected. In addition, all responsibility or liability for any damages caused by viruses contained within the electronic files or on the Site is disclaimed by Hitachi Vantara and waived by you.
9. CONTACTING HITACHI VANTARA
Should you desire to contact Hitachi Vantara or if you request authorisation to use the Content other than as stated in section 3, you may contact Hitachi Vantara at Community@HitachiVantara.com; however, for any such authorisation to be valid, it must be documented in writing signed by a duly authorized executive officer of Hitachi Vantara.
a. Transaction Location, Governing Law, Jurisdiction, & Venue. This Agreement shall be governed by and construed in accordance with the laws of California.
c. Hitachi Vantara makes no representation that the Content is appropriate or available for use in locations outside the European Economic Area ("EEA"), and your accessing the Content from locations where such Content is illegal is strictly prohibited. If you choose to access this site from locations outside the European Union, you do so on your own initiative and are responsible for compliance with local laws (for example, statements which compare Hitachi Vantara’s products with other companies' products may not be used in countries that restrict comparative advertising.)
d. Disputes & Attorneys' Fees. In any action to enforce this Agreement, the prevailing party will be entitled to its costs, attorneys' fees, and expenses (including expert witness fees). You acknowledge that any breach by you of the provisions of the Agreement will cause irreparable damage to Hitachi Vantara or Third Parties and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal or equitable remedies, Hitachi Vantara and Third Parties will be entitled to temporary or permanent injunctive relief for any breach of this Agreement. In the event you violate any of your obligations under this Agreement, you shall immediately notify Hitachi Vantara and take all steps reasonably available to cure the violation and to prevent any subsequent violation.
e. Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
f. Complete Integration. This Agreement constitutes the entire and only agreement between you and Hitachi Vantara parties hereto pertaining to the subject matter hereof, and is intended to be a complete and absolute integration of the agreement between the parties. Concerning the subject matter hereof, any and all prior written agreements, representations, understandings, and warranties unless any such representation or warranty made about this Agreement was made fraudulently (collectively, "Understandings"), and all contemporaneous or prior oral Understandings between the parties are expressly superseded, cancelled, and replaced by this Agreement. You agree to review this Agreement prior to any Site Use, and each Site Use by you shall constitute and be deemed your unconditional acceptance of this Agreement. The Parties agree that this Agreement and all Information relating to your Site Use are properly authenticated documents and may be given full evidentiary weight if submitted in evidence by you or Hitachi Vantara.
g. Modifications. This Agreement may only be supplemented, altered, or amended by an express written agreement executed by authorized executives of both parties, except that Hitachi Vantara may modify the terms and conditions of this Agreement by posting a revised agreement on the Site. The Revised Agreement shall be effective immediately for all of your subsequent Site Use. You agree to review the Agreement periodically to be aware and re-accept the terms and conditions applicable to future Site Use.
h. Termination. The Agreement may be terminated as follows. (i ) By Hitachi Vantara: In its sole and absolute discretion, Hitachi Vantara may terminate this Agreement or your Site Use at any time, for any reason (with or without cause), with or without notice to you. (ii) By you: In your sole and absolute discretion, you may terminate this Agreement or your Site Use at any time, for any reason (with or without cause), by ceasing all Site Use by you. If the Agreement is for any reason terminated, upon request by Hitachi Vantara, you agree to return all Information obtained by you relating to the Site, and all copies thereof.
i. Survival of Certain Provisions. The provisions of the sections titled "License Grant & Exclusive Ownership by Hitachi Vantara" (sub-section "b." only), "Restrictions on Use", "Limited Warranty and Disclaimer", "Limited Applicability, Co-operation & Indemnity", "Your Site Use Activities", "Submissions of Information by You", "Miscellaneous" (only sub-sections "Transaction Location, Governing Law, Jurisdiction & Venue", "Disputes & Attorneys' Fees", "Severability", "Limitations Period", and "Termination") shall survive the expiration or termination of this Agreement. No expiration or termination of this Agreement shall release you from any obligation to pay Hitachi Vantara any amount that has accrued and become payable at or prior to the date of expiration or termination.
j. Assignment; Transfer. You shall not assign or transfer any interest in this Agreement, whether by merger, consolidation, operation of law, or otherwise without the prior written consent of an authorized executive officer of Hitachi Vantara.
k. Suspension of Obligations. The obligations of either you or Hitachi Vantara under this Agreement (other than payment obligations) shall be suspended to the extent that a party is hindered or prevented from performing those obligations by acts of God, fires, storms, accidents, governmental regulations, or any cause whatsoever not within its reasonable control.
l. Waiver. No delay or omission to exercise any right or remedy accruing to Hitachi Vantara upon any breach or default by you shall impair that right or remedy, or be construed to be a waiver of any breach or default. A waiver by Hitachi Vantara of any breach or default under this Agreement must be in writing and executed by an authorized officer of Hitachi Vantara.
m. Headings. All article or section headings, or exhibit names, are for reference and convenience only and shall not be considered in the interpretation of the Agreement.
n. No Agency. You and Hitachi Vantara are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
o. Software on the Site. The Site may contain downloadable software (including any files, Proprietary Information, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software")). Unless a separate license exists for such Software, you agree to use the Software subject to the "Restrictions on Use" noted above. If a separate license applies to any Software, you agree to be bound by the terms and conditions applicable to such Software.
p. Conflicts. If this Agreement conflicts or is inconsistent with a provision of any other contract between you and Hitachi Vantara, the provision in this Agreement shall govern.
q. Your Warranty. You represent and warrant that i) as of the date of acceptance by you of this Agreement,; ii) you will use this Site solely for business purposes either for yourself or as directed by Company, and in accordance with the terms and conditions of the Agreement; iii) your Site Use will at all times be solely for the furtherance of the legitimate and authorized business relationship between Hitachi Vantara and Company; iv) you will not share your password with anyone; if representing Company, v) Company has authorized you to enter this Agreement, use the password, and use the Site, and vi) upon the termination of your employment by Company, you will send Notice to Hitachi Vantara and immediately cease all Site Use.
11. CONFIDENTIAL INFORMATION
Your Site Use will give you access to Hitachi Vantara Confidential Information. In consideration of Hitachi Vantara disclosing such Confidential Information to you, you agree as follows:
a. Non-Disclosure. You agree to maintain the Confidential Information received hereunder in strict confidence, utilising the same degree of care that Company uses to protect its Confidential Information, and in no event less than reasonable care, and to not disclose such information to any third party or to any employees, co-workers, supervisors, or agents of Company without a need-to-know. You shall use the Confidential Information received hereunder only as agreed by Hitachi Vantara in a writing signed by a Hitachi Vantara executive.
b. Remedies. You acknowledge and agree that violation of this Agreement may give rise to irreparable harm to Hitachi Vantara that may inadequately compensated in damages. In the event of any such violation or the threatened violation the Agreement, Hitachi Vantara shall be entitled to temporary, preliminary, and/or permanent injunctive relief, in addition to any other rights and remedies at law or in equity.
c. Upon written request by Hitachi Vantara, or upon the termination of the Agreement, you shall immediately return, destroy, or purge (as directed by Hitachi Vantara) all Confidential Information, all copies thereof, and all copies of any analyses, compilations, studies, or other documents prepared by you, Company, or others containing, reflecting, or concerning any Confidential Information. You hereby expressly assign to Hitachi Vantara any and all rights you may have or acquire in such Confidential Information, and agree to execute all documents reasonably necessary (now or in the future) to effectuate such assignment.
d. Other than as stated in section 3, no license is hereby granted directly or indirectly upon any Confidential Information, or any patent, copyright, or other proprietary or intellectual property right. You shall be relieved of all obligations under this section five (5) years after the termination or completion of the Agreement.
12. INTERACTIVE SERVICES
a. We may from time to time provide interactive services on the Site, including, without limitation:
i) Chat rooms.
ii) Bulletin boards.
b. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered,
c. We will do our best to assess any possible risks for users of the Site (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content Standards, whether the service is moderated or not.
d. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
e. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
f. Users of the interactive services can create groups in the Hitachi Vantara Community, however, Hitachi Vantara may close or transfer groups or similar pages or remove content from them if the content violates the terms of this Agreement or others’ intellectual property rights.
g. Please note that ideas you post and information you share may be seen and used by other users of the Hitachi Vantara Community, and Hitachi Vantara cannot guarantee that other users will not use the ideas and information that you make available. Therefore, we suggest that you do not post any ideas or information which you would like to remain confidential or that would infringe a third party’s rights if shared with the Hitachi Vantara Community.
13. CONTENT STANDARDS
a. These Content Standards apply to Contributions and to any interactive services associated with it.
b. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.
c. Contributions must:
i) Be accurate (where they state facts).
ii) Be genuinely held (where they state opinions).
iii) Comply with applicable law in California and in any country from which they are posted.
d. Contributions must not:
i) Contain any material which is defamatory of any person.
ii) Contain any material which is obscene, offensive, hateful or inflammatory.
iii) Promote sexually explicit material.
iv) Promote violence.
v) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
vi) Infringe any copyright, database right or trade mark of any other person.
vii) Be likely to deceive any person.
viii) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
ix) Promote any illegal activity.
x) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
xi) Be likely to harass, upset, embarrass alarm or annoy any other person.
xii) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
xiii) Give the impression that they emanate from Hitachi Vantara or a Third Party, if this is not the case.
xiv) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
e. Suspension and Termination. We will determine, in our discretion, whether there has been a breach of the Content Standards through your use of the Site. When a breach of the Content Standards has occurred, we may take such action as we deem appropriate.
f. Failure to comply with the Content Standards constitutes a material breach of this Agreement and may result in Hitachi Vantara taking all or any of the following actions:
i) Immediate, temporary or permanent withdrawal of your right to use the Site.
ii) Immediate, temporary or permanent removal of any posting or material uploaded by you to on the Site.
iii) Issue of a warning to you.
iv) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
v) Further legal action against you.
vi) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
g. We exclude liability for actions taken in response to breaches of the Content Standards. The responses described in this section are not limited, and we may take any other action we reasonably deem appropriate.
14. DMCA POLICY
Hitachi Vantara Corporation abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. This policy describes how you as a copyright holder can notify Hitachi Vantara Corporation of any alleged copyright infringement.
As part of Hitachi Vantara Corporation’s response, we may remove or disable access to alleged infringing material residing on a site that is controlled or operated by Hitachi Vantara Corporation and, where possible, issue a notice to the contributor of such material that their activities have been flagged as a potential copyright infringement. Hitachi Vantara Corporation does not control content hosted on third party websites, and as such, cannot remove content from sites that Hitachi Vantara Corporation does not own or control. If you are the copyright owner of content hosted on a third-party site, and you have not authorized the use of your content on that site, please contact the administrator of that site directly.
If you are the copyright owner of content hosted on a site controlled or operated by Hitachi Vantara Corporation, and you have not authorized the use of your content on the Hitachi Vantara Corporation controlled or operated site, you may notify our copyright agent, as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the alleged copyright infringement:
- Reasonably sufficient details to enable Hitachi Vantara Corporation to identify the work claimed to be infringed, or if multiple works are claimed to be infringed, a representative list of such works (ex: title, author, any registration or tracking number, URL);
- Reasonably sufficient detail to enable Hitachi Vantara Corporation to identify and locate the material that is claimed to be infringing (ex: link to the page where the material is located);
- A statement that you in good faith believe that the use of the material identified is not authorized by the copyright owner, its agent, or the law;
- Information reasonably sufficient to permit Hitachi Vantara Corporation to contact you, such as an address, telephone number, and if available, an electronic email address;
- A statement that the information in the notification is accurate and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
The above information must be submitted to the Designated DMCA Agent listed below:
Hitachi Vantara Corporation
2845 Lafayette Street
Santa Clara, CA 95050
Attn: General Counsel & Chief Legal Officer
Or submitted as an emailed notification to:
Attn: General Counsel & Chief Legal Officer
We caution you that under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to heavy civil penalties. These include monetary damages, court costs, and attorneys’ fees incurred by Hitachi Vantara Corporation, by any copyright owner, or by any copyright owner’s licensee that is as a result of Hitachi Vantara Corporation relying upon your misrepresentation. You may also be subject to criminal prosecution for perjury.
Hitachi Vantara Corporation may document notices of alleged infringement upon which we act. Also, please note that your complaint will be a matter of record. A copy of the legal notice may be sent to one or more third parties who may then make it available to the public.
The following terms, when used in this Agreement, shall have the following meaning. Where a term is defined other than in this Glossary, the terms shall have the meaning so stated.
b. Company. The term "Company" shall mean the entity to which Hitachi Vantara supplies a password for its Site Use.
c. "Confidential Information". The term "Confidential Information" means all Content, and all Information disclosed by Hitachi Vantara in relation to your Site Use.
d. "Content". The term "Content" shall mean all material and Information, in any form or media, contained in, obtained from, or relating to the Site, including all results obtained from the Site, the organisation, gathering, graphics, design, software, compilation, trade dress elements, magnetic translation, digital conversion and other matters related to the Site, and all Hitachi Vantara proprietary information, trade secrets, copyrights, patents, trademarks, and any other intellectual property.
e. "Content Providers". The term "Content Providers" shall mean and include Hitachi Vantara and Third Parties.
f. “Content Standards”. The term “Content Standards” means those standards set out under section 13 of this Agreement.
g. “Contributions”. The term “Contributions” means any and all material which you contribute to the Site.
h. “Hitachi Vantara Community”. The term “Hitachi Vantara Community” means any internet site or page at URL community.hds.com together with any future domain or URL under which Hitachi Vantara provides similar services and Information on the internet), the collection of HTML and other documents accessible at community.hds.com, any Information or sub-pages and all Content thereon.
i. "Hitachi Vantara". The name "Hitachi Vantara" shall mean Hitachi Vantara Corporation or Hitachi Vantara Europe Holdings BV as the context requires.
j. "Including". The phrase "including", wherever used in the Agreement, shall mean "including, but not limited to".
k. "Information". The phrase "Information" shall include all information disclosed or sent by one party to another, including but not limited to any data, documents, internet pages, materials, pictures, files, software, programs, scripts, resources, links, applets, screens, passwords, and personally-identifying information.
l. "Linked-Site". A "Linked-Site" means any Internet site (including all content, information, data, and content thereon) not owned by Hitachi Vantara and/or operated by a third party.
m. "Notice". The phrase "Notice" shall refer to the sending of notice or Information by you to Hitachi Vantara via certified mail, return receipt requested, to Hitachi Vantara at: Hitachi Vantara Corporation, ATTN: Hitachi Vantara Marketing 2845 Lafayette Street Santa Clara, CA 95050, USA. Any such notice shall be deemed given 24 hours after such Notice is sent.
n. "Third Parties". The terms "Third Parties" means Hitachi Vantara direct or indirect licensors, Hitachi Vantara affiliates, subsidiaries, distributors, resellers, participating publishers, third party content or service providers, authors, dealers, suppliers, or sponsors.
o. "Parties". The term "Parties" refers to Hitachi Vantara and you, collectively.
q. "Revised Agreement". If the Agreement is modified in accordance with section titled "Modifications", for convenience in distinguishing the original Agreement from the modified Agreement, the modified Agreement may be referred to as the "Revised Agreement".
r. "Site". The term "Site" means any internet site, page, uniform resource locator ("URL") or domain location of Hitachi Vantara (including but not limited to "hds.com", “hitachivantara.com”, "http://www.HDS.com", “http://www.HitachiVantara.com” the Hitachi Vantara Community, any or future domain or URL under which Hitachi Vantara provides Information on the internet), the collection of HTML and other documents accessible at Hitachi Vantara URL, any Information or sub-pages (including, for example, http://www.hitachivantara.com/legal/index.html), and all Content thereon.
s. "Site Use". The term "Site Use" shall mean your use of and access to the Site, including accessing or using any Content, engaging in the activities in accordance with the above license grant, procuring any goods or services from the Site or any web site connected to (including via hyperlinks, or otherwise) the Site, your reliance on the Site or Content, transactions with Hitachi Vantara relating to the Site, or other activities you engage in relating to the Site.