Thank you for using the NetScout Systems Web site.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THE BELOW TERMS(the "Agreement"). IF YOU DO NOT ACCEPT AND AGREE TO THE BELOW TERMS, PLEASE DO NOT USE THIS SITE AND EXIT NOW.
Except for the use of information displayed and/or accessed from the NetScout Systems web site made available to customers pursuant to a separate Maintenance and Support Agreement, the information and content displayed on and/or made available through the NetScout Systems web site shall be used solely in accordance with the terms of this Agreement.
This Agreement commences on the date that User first accesses any web page of the NetScout Systems web site. In its sole discretion, NetScout Systems may modify any terms and conditions of the Agreement, at any time, and upon its posting on the NetScout Systems web site such modifications shall be effective as between the parties and incorporated therein. As a result, Users continued use and accessing of this SITE following the posting of any revisions to the Agreement shall mean User accepts such changes.
Definitions
"Content" means, without limitation, audio, articles, news, press releases, financial and other data, text, graphics, illustrations, software, trademarks, tradenames, service marks and logos.
"User" means you.
"Site" means www.netscout.com and any links provide therefrom.
PROPRIETARY RIGHTS
NetScout Systems, Inc. is the owner or licensee of all rights in the NetScout Systems web site and its Content. The Content displayed and downloadable from the Site is the property of NetScout Systems and its licensors, and is protected from unauthorized copying and dissemination by U.S. and International copyrights law, trademark law and various international conventions. You have no right in such Content, unless expressly granted by NetScout under this Agreement. Certain trademarks and logos displayed on this Site are owned by third parties. No rights, title, or interest in those trademarks is granted to User under this Agreement.
USER IS STRICTLY PROHIBITED FROM COPYING, DISTRIBUTING, REDISTRIBUTING, REPUBLISHING, MODIFYING, POSTING OR FRAMING THE NETSCOUT SYSTEMS WEB SITE, IN WHOLE OR IN PART, AND/OR ANY OF THE CONTENT CONTAINED THEREIN. NOTHING CONTAINED IN THIS SITE SHALL BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT TO USE THIS SITE AND/OR ITS CONTENT, THROUGH THE USE OF FRAMING OR OTHERWISE, WITHOUT THE EXPRESS PRIOR WRITTEN APPROVAL OF NETSCOUT SYSTEMS OR THE APPLICABLE THIRD PARTY THAT MAY OWN THE TRADEMARK OR COPYRIGHT OF CONTENT DISPLAYED ON THE SITE.
USER'S USAGE RIGHTS
Subject to User's strict compliance with the terms and conditions of this Agreement, User has a limited revocable non-exclusive right to manually search and view Content made available at or through the NetScout Systems web site and to download and make a limited number of printouts solely of the Content made available on www.netscout.com; provided that, such Content may be used solely for Users lawful, personal, informational, and non-commercial purposes and that User does not modify or alter any Content, in whole or in part, and/or any copyright, trademark, and other intellectual property notices contained therein.
HYPERLINKS TO OTHER THIRD PARTY SITES
NetScout Systems may provide a links to web sites and/or web pages operated by third parties. These links are provided by NetScout Systems to User solely as a convenience. NetScout Systems does not control the third party web sites and/or any Content therein, and/or links displayed and/or accessible therefrom. The fact that NetScout Systems has provided a link to a third party web site or web page does not act as an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using Content found on the internet which include without limitation, that the Content may be inaccurate, incomplete, and not error free. NetScout Systems cautions User to make certain that User understands these risks before retrieving, using, and relying upon such Content to make affirmative acts and decisions. User expressly agrees that under no circumstances shall User hold NetScout Systems liable for any loss or damage caused by User's use of and/or reliance on any Content or services available on other third party sites.
COLLECTION OF INFORMATION
NetScout Systems, Inc. uses third party service providers to collect, track, record, manage, and/or report certain statistics, keywords, or other marketing metrics relating to the NetScout Systems, Inc. web site. Any personally identifiable information collected on the NetScout Systems, Inc. web site requires a visitor to voluntarily enter their contact information. NetScout Systems, Inc. does not share personally identifiable information with third parties.
ACCESS TO THE SITE AND TERMINATION OF THE AGREEMENTThe parties hereto agree that NetScout Systems, in its sole discretion may alter, suspend, or discontinue the NetScout Systems web site at any time for any reason, without notice or cost. Additionally, User is reminded that the NetScout Systems web site may be unavailable as a result of (i) modifications or new versions to the NetScout Systems web site and/or (ii) maintenance to and/or the malfunctioning of computer equipment hosting the NetScout Systems web site.
Additionally, the parties hereto agree that NetScout Systems, in its sole discretion, shall have the right to terminate this Agreement and/or deny User access to any and/or all portions of the NetScout Systems web site, at any time and for any reason, including but not limited to, Users breach of this Agreement and/or any applicable law.
THE NETSCOUT SYSTEMS WEB SITE AND THE CONTENT THEREIN IS PROVIDED TO USER "AS IS" and "AS AVAILABLE".
NETSCOUT SYSTEMS'S WEB SITE IS PROVIDED TO USER AS IS AND AS AVAILABLE. TO THE FULLEST EXTENT PERMISSBLE BY LAW, NETSCOUT SYSTEMS, ITS LICENSORS, AND ITS THIRD PARTY CONTENT PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THE WARRANTY OF TITLE, AND NON-INFRINGEMENT.
ADDITIONALLY, NETSCOUT SYSTEMS, ITS LICENSORS, AND ITS THIRD PARTY CONTENT PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, USEFULNESS, AND ADAQUACY OF THE SERVICES OR THE CONTENT PROVIDED ON OR THROUGH THE NETSCOUT SYSTEMS WEB SITE.
NETSCOUT SYSTEMS FURTHER DISCLAIMS ANY WARRANTY THAT THE NETSCOUT SYSTEMS WEB SITE WILL BE AVAILABLE AT ALL TIMES OR OPERATE ERROR-FREE.
IN ITS SOLE DISCRETION AND WITHOUT NOTICE TO USER, NETSCOUT SYSTEMS MAY CHANGE ANY CONTENT ON THE NETSCOUT SYSTEMS WEB SITE AT ANY TIME. NETSCOUT SYSTEMS MAKES NO COMMITMENT TO UPDATE THE CONTENT DISPLAYED AND/OR MADE AVAILABLE ON THE NETSCOUT SYSTEMS WEB SITE, AFTER THE TIME IT IS INITIALLY DISPLAYED AND/OR MADE AVAILABLE.USER'S USE OF THE NETSCOUT SYSTEMS WEB SITE AND THE CONTENT MADE AVAILABLE THEREIN IS ENTIRELY AT USERS OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL NETSCOUT SYSTEMS, ITS LICENSORS, OR ITS THIRD PARTY CONTENT PROVIDERS BE LIABLE TO USER FOR ANY DAMGES, INCLUDING DIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS PROFITS, GOODWILL, OR DATA) UNDER ANY CONTRACT, NEGLIENCE, STRICT LIABILITY, DEFAMATION, LIBEL AND/OR OTHER THEORY, THAT RESULTS FROM USE OF, OR THE INABILITY TO USE, THE NETSCOUT SYSTEMS WEB SITE, AND/OR ANY CONTENT CONTAINED THEREIN, EVEN IF NETSCOUT SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF NETSCOUT SYSTEMS, ITS LICENSORS, AND ITS THIRD PARTY CONTENT PROVIDERS EXCEED $5 TO USER AS A RESULT OF USER'S USE OF AND OR INABILITY TO USE THE NETSCOUT SYSTEMS WEB SITE AND/OR THE CONTENT SET FORTH AND/OR MADE AVIALABLE THEREIN.
INDEMNIFICATION
User agrees to indemnify, defend and hold NetScout Systems, its affiliates, employees, agents, licensors, and third party content providers harmless from any claim, action, suits, proceedings, judgments, damages, losses, liabilities, costs and expenses (including without limitation, reasonable attorney's fees and other related reasonable costs) arising directly or indirectly from or connected with Users breach of this Agreement, state or federal securities laws or regulations, any infringement of any copyright or violation of any proprietary right, or as result of termination of the Agreement by NetScout Systems.
GOVERNING LAW
The NetScout Systems web site is controlled by NetScout Systems from its offices in Westford, MA, USA User acknowledges and agrees that this Agreement and any dispute arising out of or related to this Agreement or Users use of the NetScout Systems web site shall be governed by the laws of the Commonwealth of Massachusetts, USA, without regard to any choice-of-law provision that could otherwise cause the laws of any other jurisdiction to be applied thereto. User agrees that the state or federal courts located in Boston Massachusetts, USA, shall have the exclusive jurisdiction and venue over any action arising out of or relating to this Agreement or Users use of the NetScout Systems web site. Accordingly, User waives any claim that a court located in Massachusetts lacks personal jurisdiction over User, or is an improper venue or inconvenient forum. User must bring a cause of action against NetScout Systems arising from or relating to the use of the NetScout Systems web site, and/or the Content contained therein, within 1 year from the date such cause of action arises.
ADDITIONAL TERMS
If a term of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, this Agreement shall remain in remain in full force and effect as to the remaining provisions.
This Agreement constitutes the entire understanding between the parties hereto pertaining to the subject matter hereof, and supercedes any and all prior or contemporaneous written or oral agreements existing between the parties.
User may be subject to additional terms and conditions as stated on the NetScout Systems web site, where User uses third party content and/or where Content made available on the NetScout Systems web site falls under SEC Regulations or the Private Litigation Reform Act of 1995.