These terms of use set forth the basis on which you are permitted to access and use this website, risingtidesystems.com (the “Website”). Please read the terms of use carefully before using the Website. By accessing and using the Website in any way, including, without limitation, browsing the Website, you agree to and are bound by the terms of use described herein. If you do not agree to all of the terms and conditions contained herein, do not use the Website in any manner.

Ownership

All copyrights and other intellectual property rights in the Website, including without limitation all software and written and graphical content included in the Website, are owned by RisingTide Systems LLC (“RTS”) and are hereby reserved.

Use of Webside and Documents

RTS hereby authorizes you to make a single copy of the content displayed on the Website for your use in learning about, evaluating or acquiring RTS services or products, provided (i) you mark such copy “Copyright © 2011 RisingTide LLC. All rights reserved.”; (ii) the use of such copy is for informational and non-commercial or personal use and will not be copied or posted on any network computer or broadcast in any media; and (iii) no modifications to such copy are made. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, perform, display in public, alter, or modify the content contained on the Website. Accredited educational institutions, such as K-12, universities and colleges, may download and reproduce the content displayed on the Website for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The Website may contain email services, bulletin board services, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others (collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using the Communication Services or the Website, you will not (i) use them in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages; (ii) defame, abuse, harass, threaten or otherwise violate the legal rights of others; (iii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, pornographic, racist, lewd, lascivious, excessively violent, harassing, unlawful, or otherwise objectionable topic, name, material or information; (iv) upload, or otherwise make available, files that contain material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consent to do the same; (v) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; (vi) restrict or inhibit any other user from using and enjoying the Communication Services or the Website; (vii) harvest or otherwise collect information about others, including email addresses; or (viii) violate any applicable laws or regulations.

RTS has no obligation to monitor the Website or Communication Services. However, RTS reserves the right to review materials posted to the Website and the Communication Services and to remove and/or edit any materials in its sole discretion. RTS reserves the right to terminate your access to the Website and the Communication Services at any time, without notice, for any reason whatsoever. RTS reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in RTS’ sole discretion.

Use of Software

Any software that is made available to download from the Website (“Software”) is the copyrighted work of RTS. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“EULA”). An end user will be unable to install any Software that is accompanied by or includes a EULA, unless he or she first agrees to the EULA terms. The Software is made available for download solely for use by end users according to the EULA. Any reproduction or redistribution of the Software not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

FOR YOUR CONVENIENCE, RTS MAY MAKE AVAILABLE TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD AS PART OF THE WEBSITE OR IN ITS SOFTWARE PRODUCTS. RTS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE RTS WEBSITE OR IN ITS SOFTWARE PRODUCTS.

Trademarks

RisingTide™ and the RisingTide logo are trademarks of RTS. Microsoft® and Windows® are trademarks of Microsoft Corp. in the US and other countries, used under license. VMware® and vSphere™ are trademarks of VMware Inc. in the US and other countries, used under license. All other trademarks and any other marks used on the Website are the property of their respective owners. Such marks may not be used without the prior written consent of RTS. Any use of those marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.

Unsolicited Submission Policy

RTS does not accept or consider unsolicited ideas, suggestions, materials or other information (all of the foregoing being “Submissions”). The purpose for this policy is to avoid misunderstandings or disputes with respect to the origin of ideas, products, services and strategies of RTS. Please do not send your unsolicited ideas to RTS or anyone at RTS. In the event that you disregard this policy and post, upload, input, provide, submit or otherwise make a Submission to RTS, (i) you will be granting RTS and its affiliates permission to use your Submission in connection with the operation of its businesses (the “License”), including, without limitation, the right to copy, distribute, display, edit, reproduce, translate and reformat your Submission, and (ii) you warrant and represent that you own or otherwise control all of the rights to your Submission, including, without limitation, the rights necessary to grant the License. No compensation will be paid with respect to your Submission. RTS will not be subject to any obligation of confidence with respect to your Submission.

No Unlawful or Prohibited Use

You may not use the Website for any purpose that is unlawful or prohibited by the terms and conditions provided herein. You may not use the Website in any manner that could damage, disable, overburden or otherwise impair any RTS server or the network(s) connected to any RTS server, or interfere with any other person’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website or the computer systems or networks connected to any RTS server through any means. You may not obtain any materials or information through any means not intentionally made available to you through the Website.

Links

Any links to third party websites are provided for your convenience only, and RTS makes no recommendation or endorsement as to such websites or the products or services offered thereon. You may link to the RTS Website, unless notified otherwise in writing by RTS. However, you may not frame the Website in a manner that may cause confusion to RTS customers, nor may you interfere or attempt to interfere in any way with the operation of the Website, including without limitation through data mining, the use of any robot, scraper or other automated device, or circumvention or attempted circumvention of any website security features.

Spam Email and Postimgs

You agree that RTS would be immediately and irreparably harmed by the use, by you or others, of the Website or facilities in connection with the transmission of spam newsgroup postings or unsolicited email in violation of the terms of use as provided herein, and that RTS is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). RTS reserves the right to block, filter or delete unsolicited email.

U.S. Export Administration Laws and Regulations

You acknowledge and agree that material on the Website is subject to the U.S. Export Administration Laws and Regulations. Diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on the Website, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

WARRANTY DISCLAIMER

THE CONTENT CONTAINED IN THE WEBSITE IS PROVIDED BY RTS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A SPECIFIC RECOMMENDATION OR ADVICE. SUCH CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND IS SUBJECT TO CHANGE WITHOUT NOTICE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME ALL LIABILITY IN RELATION TO IT. ANY INFORMATION OR ADVICE PROVIDED THROUGH THE WEBSITE THAT IS RELATED TO SUPPORT OF RTS SOFTWARE PRODUCTS IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LICENSE AND SUPPORT AGREEMENT BETWEEN YOU AND RTS, AND NOT TO THESE TERMS OF USE.

LIABILITY LIMITATION

AS CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE WEBSITE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT: (i) IN NO EVENT WILL RTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR ANY SITE LINKED TO THE WEBSITE, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE; (ii) THE AGGREGATE LIABILITY OF RTS OR ANY OF ITS DISTRIBUTORS OR DEALERS, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, e.g. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, AND/OR OTHERWISE) IS LIMITED TO ONE-HUNDRED U.S. DOLLARS ($100); AND (iii) RTS SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF RTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notices of Copyright Infringement

If you believe that material posted on the Website infringes your copyright, you should provide notice of such infringement to the following person, who is RTS’s designated agent for the purposes of the Digital Millennium Copyright Act (17 U.S.C. 512):

Marc Fleischmann
RisingTide Systems LLC
P.O. Box 50929
Palo Alto, CA 94303

info@risingtidesystems.com

Entire Agreement

These terms of use are the entire agreement between you and RTS in relation to your use of the Website, and all other representations or discussions are hereby excluded from this agreement. If any part of these terms are held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. RTS’s failure to insist on or enforce strict performance of these terms shall not constitute a waiver of any breach or any future breaches thereof.

Governing Law and Jurisdiction

The Website is controlled and operated from within the United States, and RTS does not represent that the Website is appropriate for use outside the United States. If you access the Website from outside the United States, you are responsible for compliance with any applicable local law. Your use of the Website shall be governed in all respects by the laws of the state of California, USA, without regard to choice of law provisions, and not by the United Nations Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any proceeding directly or indirectly arising out of or relating to the Website shall be in the state or federal courts located in Santa Clara County, California.