The contents of the Site and Services, including all material, products, processes, technologies, images and graphics and information related to our products and services provided by this Site, including without limitation, any Dynatrace product or service plan, software programs, software code, offerings, programs, white papers, data sheets, knowledge base materials or other technical or marketing materials (collectively "Information"), are subject to intellectual property rights reserved by Dynatrace, or its licensors, and are for informational and non-commercial or personal use only.
The Site may contain hyperlinks to other websites that are controlled by third parties. Dynatrace is not responsible for and does not endorse the contents or use of these websites. Your use of those third-party sites is subject to the terms and conditions of those sites and not these Terms.
Unauthorized use of any content from this Site may violate copyright, patent and trademark and trade dress laws, and other intellectual property rights and unfair competition laws.
You must provide your legal full name, a valid email address, and any other information reasonably requested by Dynatrace to open an account. You are responsible for maintaining the security of your account and its password. You are responsible for maintaining all equipment and services needed for access to and use of the Service as well as paying related charges. Your login must not be shared between multiple persons. You may create a separate login for each user authorized to work with Dynatrace. Dynatrace will not be liable for any loss or damage if you do not comply. You may not use the Service for illegal or unauthorized purposes. By using the Service, you must not violate any laws in your jurisdiction, e.g. violating privacy laws or violating PCI DSS compliance by recording credit card numbers.
Dynatrace may provide you with the capability of posting certain data, text, sound, photographs, graphics, video, messages and other materials ("Your Content"). By posting Your Content you agree that you are solely responsible for the origination, accuracy, completeness, ownership, publication and dissemination of Your Content and shall be responsible for obtaining and maintaining all applicable rights, licenses, permissions, releases, approvals, clearances, credit, or attribution information relating to Your Content and paying any applicable royalties or fees in connection therewith. You acknowledge that all postings submitted by you are public communications and are therefore non-confidential. As between you and Dynatrace, all intellectual property rights in Your Content, including but not limited to all patent, copyright, trade secret, trademark, or other intellectual property rights therein, shall remain your exclusive property. Notwithstanding the foregoing, by submitting or otherwise making Your Content available for display on the Site, you grant Dynatrace a royalty-free, world-wide, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such Your Content in any format and in any medium as Dynatrace may choose. Dynatrace does not endorse and assumes no obligation to monitor or filter any Your Content posted, or otherwise made available on the Site. Dynatrace reserves the right, but assumes no obligation, to refuse or remove any of Your Content. Dynatrace may take any reasonable action it deems necessary or appropriate, in regards to Your Content that:
- is illegal; or
- is otherwise undesirable, inappropriate or inaccurate, including Your Content that
- is Objectionable;
- contains any viruses, time bombs, Trojan horses, worms or other computer programming routines that may damage or interfere with the operations of the Site;
- is knowingly untrue, inaccurate or misleading.
"Objectionable" means any material that: (a) is defamatory, unlawful, or plagiarized; (b) a reasonable person would consider harassing, abusive, threatening, obscene, hateful, or racially/ethnically offensive; (c) constitutes a breach of any person's privacy or publicity rights; (d) violates any statute, regulation or ordinance; (e) promotes spam; or (f) has a primary purpose of advertising for commercial gain rather than informational content. Postings regarding transactions, pricing or terms are prohibited. The above list is not exclusive and are examples only.
You further agree that you will not:
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- breach or attempt to breach the security of software, network, servers, data, computers or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Site or Services.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
Dynatrace is not responsible for any failure, non-failure or delay in refusing, editing or removing such Your Content.
Your use of this Site is at your own risk. All Services, software and all updates or new versions that may be made available by Dynatrace are provided subject to the additional terms, conditions and restrictions indicated in the appropriate contract. All Information provided on the Site is intended for informational purposes only. The documents and related graphics published on this Site could include technical inaccuracies or typographical errors and Dynatrace assumes no responsibility for accuracy or completeness of the Information. Changes are periodically made to the Information and Dynatrace may make additions, improvements or changes at any time without notice.
THIS SITE AND ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
Except where prohibited by law, in no event will Dynatrace be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Dynatrace has been advised of the possibility of such damages.
Dynatrace’s liability to you for all claims related to the Services or the Site will at all times be limited to the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid through the Site in the six months prior to the date of the initial claim made against us (but not including the purchase price for any Dynatrace software products or any related support program purchased under a separate Agreement), or (2) US$100.00. Some jurisdictions do not allow the types of limitations in this paragraph, so they may not apply to you.
EXCEPT AS EXPRESSLY SPECIFIED ABOVE, DYNATRACE DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THIS SITE OR THE INFORMATION PROVIDED HEREIN.
You agree to indemnify and hold Dynatrace, its officers, directors, predecessors, successors in interest, employees, agents, parents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Dynatrace by any third party due to or arising out of or in connection with your use of the Site.
U.S. Government Restricted Rights Legend
The Information is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions set forth in (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19, or its successor provisions, as applicable. Contractor/manufacturer is Dynatrace LLC, 1601 Trapelo Road # 116, Waltham, MA 02451 USA.
You may not use or export or re-export any product or service offered on the Site, or any software or technical data on this Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. In particular, you agree not to export, re-export or provide software or technical data:
- to a national or resident of: Cuba, Iran, N. Korea, Sudan, Syria, the Crimea Region of the Ukraine, or to any other country embargoed or restricted by the U.S.
- to anyone on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Department of Treasury’s Specially Designated Nationals Lists, or
- to any person or entity who has been prohibited from participating in U.S. export transactions by any agency of the U.S. Government.
The above lists are subject to change, and you must comply with the proscribed lists as they exist.
You also agree not to download, transfer, export or re-export Dynatrace products, technology or software to yourself, your customers or any intermediate entity in the chain of supply if Dynatrace products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses, without obtaining prior authorization from the U.S. Government. If you use this Site outside the United States of America, you are also responsible for complying with applicable local laws.
Governing Law and Jurisdiction
You agree that any legal action, proceeding or other matter related to your access to, or use of, the Site or the Information it contains shall be governed by US federal law or the laws of the State of Delaware, without giving effect to any principles of conflicts of laws.
Contact/Address for Legal Notices
1601 Trapelo Road, #116 Waltham, MA 02451 USA
Copyright © 2018 Dynatrace LLC. All rights reserved. Unpublished rights reserved under the Copyright Laws of the United States.