Legal Information

Legal

Copyright

The contents of this web site, including all information, material, software and graphics, are copyrighted by Dynatrace LLC and are for informational and non-commercial or personal use only. All copyright and other proprietary notices contained in the original materials must be retained on any copies of the materials. No graphics contained herein may be used separate from the accompanying text. Unauthorized use of any materials at this site may violate copyright, trademark and other laws.

Trademarks

Names and logos identifying Dynatrace products are registered trademarks or trademarks of Dynatrace LLC. All other company or product names are trademarks of their respective owners.

Links to Third Party Sites

This web site may contain hyperlinks to other web sites which are controlled by third parties. Dynatrace is not responsible for and does not endorse the contents or use of these web sites.

Disclaimer

Any product, process or technology published on this web site is the subject of Intellectual Property rights reserved by Dynatrace LLC, its subsidiaries or licensors. Any software programs and any corrections, updates or new versions of any software programs that may be made available by Dynatrace are provided subject to the additional terms, conditions and restrictions indicated in the appropriate contract.

All information related to our products and services provided by this web site, including, without limitation, any Dynatrace subsidiary’s product or service plan, software programs, software code, offerings, programs, white papers, or other technical or marketing materials (collectively “Information”) is intended for informational purposes only and is subject to change or removal by Dynatrace at any time without notice.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically made to the information herein and Dynatrace may make additions, improvements or changes to the products and programs described herein at any time without notice. Dynatrace assumes no responsibility for accuracy or completeness of the Information.

THIS WEB SITE AND ALL INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DYNATRACE FURTHER DISCLAIMS ANY LIABILITY IN CONNECTION WITH THIS WEB SITE OR THE INFORMATION PROVIDED HEREIN.

Limitation of Liability

IN NO EVENT SHALL DYNATRACE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, FOR ANY USE OF OR RELIANCE UPON THIS WEB SITE, OR ANY LINKED OR REFERENCED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST OPPORTUNITY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA, EVEN IF DYNATRACE IS EXPRESSLY ADVISED OF OR OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE.

PO Terms and Conditions – U.S.

YOUR ACCEPTANCE OF THIS ORDER IS WITH THE DISTINCT UNDERSTANDING THAT YOU AGREE TO ALL THE FOLLOWING CONDITIONS:

  • Order Number must be shown on all packing slips, packages and invoices.
  • Materials purchased are subject to our inspection, and approval or rejection.
  • We reserve the right to cancel any portion of this order, if not filled as specified.
  • The seller shall, upon the Buyer’s request, suspend shipment and delivery of materials and all work and operations hereunder for such period as the Buyer may request.
  • As applicable, the provisions of the Equal Opportunity Clauses pursuant to Section 202 of Executive Order 11246, as amended, and 41 CFR Section 60-1.40; are herein incorporated by reference. Further, sellers who (1) are not otherwise exempt as provided by 41 CFR 60-1.5, (2) have 50 or more employees and, (3) have a contract, subcontract or purchase order amounting to $50,000 that is necessary to the completion of a covered federal contract or subcontract are hereby notified of their obligations to file EEO Standard Form 100 and to prepare an affirmative action plan(s) as required under the regulations set forth above.
  • This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals on the basis of protected veteran status or disability, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities.

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, 404 Wyman Street # 500 Waltham, MA 02451 USA.

Governing Law and Jurisdiction

You agree that any legal action, proceeding or other matter related to your access to, or use of, this web site or the Information it contains shall be governed by US federal law or the laws of the State of Delaware.

Export

The software and technical data on this web site is subject to the laws, regulations, orders or other restrictions regarding import to, and export and re-export from, various countries, including export and re-export restrictions that may be imposed by applicable laws of the United States. By downloading or accessing software or technical data, You agree not to import, export or re-export, either directly or indirectly (including transmission and shipment) except in accordance with all applicable laws, and You accept responsibility to determine what is necessary to assure such compliance. In particular, but without limitation, 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. (This list is subject to change, and you must comply with the proscribed lists as they exist in fact.)
  • 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.

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.


Copyright © 2016 Dynatrace LLC. All rights reserved. Unpublished rights reserved under the Copyright Laws of the United States.