TERMS AND CONDITIONS
1. Agreement to Terms and Conditions
These Terms and Conditions apply to the ca.com website and all associated sites (collectively, the "Site") linked to ca.com by CA, Inc. (hereafter, "CA"). By clicking the "continue" button at the end hereof, you agree in your individual capacity to abide by these Terms and Conditions. As long as you comply with these Terms and Conditions, CA grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
These Terms and Conditions may be changed at any time by CA without notice. In the event of any such changes you shall be prompted to accept the revised Terms and Conditions the next time you enter the Site.
2. Your Use of the Site
You may view, print, and copy (collectively "use") all information, text, articles, images, documents, interactive content (e.g. blogs, wikis, social networks, forums, communities ("Forums and Communities")), software, programs, statements of future direction, "white papers" or other technical or marketing materials (collectively, "Materials") published by CA on this Site, provided that (a) the Materials may be used internally (by you or any third party to whom you distribute it) only for informational, non-commercial purposes; (b) you may not edit or modify the Materials; and (c) any and all copyright, trademark or other proprietary notices that appear herein must appear on all copies that you make. Any use of the Materials on the Site shall be governed by these Terms and Conditions.
You agree not to share with Prohibited Users any information relating to the Site, including but not limited to any login and password ("login/password") or related information issued by CA in connection with the Site. You agree not to engage in any activity that would, or reasonably could, destabilize or otherwise jeopardize the integrity of the Site. You agree to promptly report to CA any security breach of which you become aware, including the compromise of your login/password or other fact that may jeopardize the integrity of the Site.
You agree not to upload, post, or otherwise publish on or over the Site, either directly or indirectly, any software, files, information, communication, or other content (a) which violates or infringes upon the rights of any other; (b) which, under the circumstances and in CA’s good faith judgment, is or is likely to be perceived by an intended recipient as deceptive, misleading, defamatory, abusive, or otherwise offensive; (c) which adversely affects the performance or availability of the service; (d) which contains any virus, worm, malware, harmful component or corrupted data; or (e) which contains any advertising, promotion, or solicitation of goods or services for commercial purposes. You agree to indemnify, defend and hold CA harmless from any and all damages, liabilities, costs and expenses incurred by CA as a result of any claim, judgment or adjudication against CA by any third party arising out of the use or distribution of software, files, information, communication or other content that you submit to the Site. In the event that CA receives notice of such a claim, CA will promptly notify you in writing and will permit you to have the sole control of the defense of any such claim or action and all negotiations for its settlement and compromise, provided you give adequate assurances to CA that you will diligently pursue resolution of the claim.
3. Intellectual Property
The Site and the Materials made available through the Site, as well as any product, including but not limited to software programs, corrections, updates and other enhancements (collectively, "Software") and related documentation, or any process or technology published on the Site, are the subject of intellectual property rights reserved by CA, its subsidiaries or licensors, and no license is granted hereunder. The content on the Site is specifically protected under applicable copyright law, including as a collective work. Any Software, documentation or other materials that may be made available by CA through the Site are provided subject to the terms, conditions and restrictions contained in the applicable license agreement or other end user agreement governing such Software, documentation or other materials. All copying, modification, distribution, publication, commercial exploitation or other use of any such Software, documentation, or other materials, other than as expressly set forth in the applicable end user agreement, is prohibited.
Feedback and Other Contributions: Unless expressly provided otherwise by CA, all product suggestions, comments, feedback, information, software, files or materials submitted to CA through or in association with the Site ("Contributions") shall be considered non-confidential and the property of CA. By submitting such Contributions to CA, you agree to a no-charge assignment to CA of all worldwide rights, title and interest in copyrights and other intellectual property rights to such Contributions. CA shall be free to use, copy and/or distribute such Contributions on an unrestricted basis without accounting to any submitting party.
4. CA Hosted Forums and Communities Requirements
CA may provide Forums and Communities (i) to allow you exchange ideas, tips, information, and techniques related to our solutions; and (ii) as a platform for discussion of appropriate industry-related topics. These Forums and Communities are here for the enjoyment and benefit of all users and are accessible to all those who register and are 13 years of age or older. Like any community, they are most valuable when everyone obeys certain basic guidelines and rules for online behavior. Your participation in any CA hosted Forum or Community shall be subject to the CA Forums and Communities Participation Terms (the "Participation Terms") set forth at the end of these Terms and Conditions.
5. Confidentiality; Disclaimer; and Liability Limitations
The Site and all Materials provided through the Site is intended for informational purposes only and is subject to change or withdrawal by CA at any time without notice. Except with respect to information that is available to all ca.com users, you agree not to disclose the Materials to any third party, and to treat such Materials as you would treat your own confidential information that you desire to maintain as confidential. CA assumes no responsibility for the accuracy or completeness of the Materials and you expressly agree that your use of the Site is at your sole risk. The Site may also contain or make available software, files, information, communication and other content where the origin of such material is internal or external to CA. CA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER MALWARE OR DESTRUCTIVE FEATURES. CA DOES NOT ENDORSE OR IN ANY WAY VOUCH FOR THE TRUTHFULNESS OR RELIABILITY OF ANY OPINION, ADVICE, COMMUNICATION, INFORMATION OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE SITE. CA MAKES NO WARRANTY (A) AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SITE; OR (B) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE SITE, AND ANY INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
CA AND ITS EMPLOYEES, AGENTS, LICENSORS AND OTHERS PROVIDING INFORMATION OR CONTENT FOR THE SITE FURTHER DISCLAIM ANY LIABILITY IN CONNECTION WITH THE SITE OR ANY OTHER WEBSITES OR THE INFORMATION PROVIDED HEREIN. IN NO EVENT WILL CA OR ANY OF ITS EMPLOYEES, AGENTS, LICENSORS OR OTHERS PROVIDING INFORMATION OR CONTENT FOR THE SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF (OR INABILITY TO USE) THE SITE, THE INFORMATION, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON CUSTOMER'S SYSTEMS OR OTHERWISE, EVEN IF CA OR ANY OF SUCH OTHER PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow certain exclusions of consequential damages or limitation of liabilities, so some of the above may not apply to you.
The Site may contain hyperlinks to other Web sites controlled by parties other than CA. CA is not responsible for and does not endorse the contents or use of these Web sites.
6. Agreement to Use Electronic Records, Contracts and Signatures
You and CA hereby agree to use and accept electronic records, contracts and signatures ("Records") in connection with the Site and further agree that those Records shall not be denied validity, enforceability or any other legal effect on the sole grounds that they are in electronic form.
7. Termination
You may terminate your participation in the Site at any time by discontinuing use of the Site, but all usage prior to such discontinuation will be governed by the Terms and Conditions in effect at that time. CA reserves the right to discontinue all or any part of the Site at any time without notice, and to terminate your participation in the use of the Site or any part thereof, at any time without notice. CA also reserves the right, in its sole discretion, to terminate or suspend temporarily an individual’s access to the Site for any or no reason at any time without notice.
8. Governing Law, Jurisdiction and Severability
These Terms and Conditions are separate and apart from any other agreement you may have with CA, and is limited to governing your access to, and use of, the Site. It does not apply to any CA products or services that you may be using or receiving, which are governed by the applicable agreement(s) with CA, independently of the Site. You agree that your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of New York, excluding its conflicts of laws provisions. Any proceedings to resolve any and all claims or disputes arising out of and/or relating to its access to, or use of, the Site shall be brought before a court of competent jurisdiction in Suffolk County, New York, and you submit to the jurisdiction of, and venue in, the State or Federal Courts of Suffolk County, New York. If there is a determination that any provision of these Terms and Conditions are invalid or unenforceable, that determination will not affect the rest of these Terms and Conditions, and this document shall be deemed amended to the minimum extent necessary to make the remainder valid and enforceable.
9. Export
Any Software available on the Site is subject to United States export controls. No Software, Materials or access to the Site may be downloaded or otherwise exported or re-exported directly or indirectly: into (or to a national or resident of) any country to which the United States has embargoed goods; or any organization or company on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, or the United States Department of Commerce Entities List, Table of Denial Orders or Denied Parties List. The Site may not be used for any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons for mass destruction. By downloading or using Software or accessing the Site, you are agreeing to be bound by all applicable import and export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list and will not use the Site in violation of any applicable law or regulation.
YOU ALSO AGREE NOT TO UPLOAD ON OR OVER THE SITE ANY SOFTWARE THAT CONTAINS ENCRYPTION CODE THAT IS SUBJECT TO THE LAWS AND REGULATIONS OF THE GOVERNMENT OF THE UNITED STATES OR OTHER COUNTRIES.
10. Privacy
CA is committed to protecting your privacy in accordance with applicable laws. The personal information we collect on the Site may be used in the United States and elsewhere by CA or its subsidiaries, affiliates or subcontractors to process your personal information which you have provided. CA may disclose you personal information to any CA subsidiary and affiliate and its subcontractors for the purposes of administering the Site and providing marketing and/or product information to you or your employer. See CA’s Privacy Notice for more information about CA’s how we use your information. You agree not to disclose on the Site any sensitive personal information including, but not limited to, social security number or tax ID number, religion, credit or debit card number, financial account information, driver’s license number or state issued ID number, passport number, health-related information, date of birth, biometric data, maiden name or any other numbers or information that can be used to access a person’s financial resources.
11. Restricted Rights Legend
The Materials are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government is subject to restrictions as set forth in subparagraph (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 provision(s), as applicable. Contractor/manufacturer is CA, Inc., One CA Plaza, Islandia, NY 11749 U.S.A.
12. Trademarks
The CA logo and various product names referenced herein are either registered trademarks or trademarks of CA, Inc. All other trademarks, trade names, service marks and logos referenced herein belong to their respective owners.
13. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by CA infringe your copyright (for example, materials posted by CA), you (or your agent) may send Company a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site is covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow CA to locate the material on the Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by CA against you, the DMCA permits you to send CA a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to the Site should be sent to our Copyright Agent for Notice of claims of copyright infringement at:
CA, Inc.
One CA Plaza
Islandia, NY 11749
Attn: Steven Klocinski, Assistant General Counsel
By Telephone: (631) 342-6000
By E-mail: dmca.agent@ca.com
Our Copyright Agent for notice of claims of copyright infringement should be contacted only for the purposes set forth in this section. ALL OTHER INQUIRIES DIRECTED TO OUR COPYRIGHT AGENT WILL NOT BE ANSWERED.
14. Entire Agreement
This Agreement, together with the Participation Terms set forth below, if applicable, represents the entire agreement between CA and you with respect to access to and use of the Sites, Forums and Communities and CA and you agree that all other agreements, proposals, purchase orders, representations and other understandings concerning the Sites, Forums and Communities, whether oral or written, between the parties are superseded in their entirety by this Agreement. If you have any questions concerning legal or other matters described above, contact a CA Representative by telephone at 1-888-423-1000. If you are outside of North America, contact your local CA office or any member of your CA Account Team.
CA Forums and Communities Participation Terms
("Participation Terms")
• Scope.
In addition to the Terms and Conditions specified above, these Participation Terms are applicable specifically to individuals who participate in, access and/or use the Forums and Communities through any extranet website owned and operated by CA.
• Relevance of Topics.
These Forums and Communities are specifically provided to allow users and customers of CA to help each other in using products and services from CA, and to serve as a forum for discussion of appropriate industry-related topics. You must refrain from discussing personal matters, abusing any company or product, or, in general, from posting in a manner unrelated to discussion of the above topics.
• Appropriate Language
Everyone wants to have a positive experience while on the Forums and Communities – but you must make sure that you are not detracting from any other user's experience. In particular, you must refrain from posting anything unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable or injurious to third parties. Your opinions are always welcome, but personal attacks and harassment in the Forums and Communities are not acceptable.
• Solicitation/Advertising
This community is provided to ca.com users and is not intended for the promotion of third party services, products, websites, or organizations. You must refrain from posting content that would constitute advertising, junk mail, spam, chain letters, or any other form of unauthorized solicitation.
• Keep it legal
It is unacceptable to post any material that would infringe on any patent, trademark, trade secret, copyright, or other proprietary rights of any party, that contains software viruses or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware, or that is deemed to be illegal by any local, state, federal, or international law, rule or regulation.
• Be careful
Most people are happy to help out on these Forums and Communities, but remember that their advice is theirs only and that you are responsible for deciding whether or not to follow it. If the advice given by a user sounds wrong to you, do not try it. You should not post personal information on these Forums and Communities including your name and address, age, or phone number. Furthermore, if any user asks you for personal information, such as an account number, social security number, address, password or credit card number, do not provide it.
• Community Super Users
From time-to-time CA may designate certain members as a Forum or Community Super User. This designation does not create an employee or agency relationship between CA and this member, nor does it make this member a company spokesperson. Instead, the designation allows the CA Forums and Communities to know which members have been helpful, have provided constructive advice and have set a positive example and tone for the CA Forums and Communities. Like any information posted on the Forums and Communities, the opinions and advice provided by these members are their own. This content is the sole responsibility of the Super User, and anything we’ve said in these Forums and Communities Terms applies the same to the content posted by these members.
• CA retains the right to remove content and limit users' access
CA does not generally edit or monitor content posted by participants in its Forums and Communities. However, CA retains the right, at its sole discretion, to limit users' access to the CA Forums and Communities and to remove material that, in CA's sole judgment, does not comply with the current Forums and Communities Participation Terms, or that is otherwise inappropriate for these Forums and Communities, harmful, objectionable, or inaccurate. CA also retains the right to assign such right to some members of the Forums and Communities. Such individuals may take any action they deem necessary in their own judgment to support the Participation Terms, and, in general, that can detract from the experience of other users or the purpose of the Forums and Communities. Such actions may include editing or deleting material and banning individual users. CA is not responsible for any failure or delay in removing such material.
• Disclaimer of Warranties and Limitation of Liability
Users like you are providing most of the material in the CA Forums and Communities. Such third-party content is the sole responsibility of the person originating the material. CA does not control and is not responsible for this third-party material.
CA does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement on intellectual property rights, or quality of any material that appears in a CA Blog or Wiki, regardless of who originates that material. You expressly understand and agree that you bear all risks associated with using or relying on the material. CA will not be liable or responsible in any way for any content in any CA Blog or Wiki, including, but not limited to, any errors or omissions in the material, or for any losses or damage of any kind incurred as a result of the use of or reliance on any material.
• Export
By using this site, you acknowledge that all exchanges of information on this site are subject to United States law, including United States export laws such as the Export Administration Regulations (15 CFR 730-774), and you agree to comply with all United States export laws and regulations when you post information on this site, including obtaining any necessary export authorization for such activities.
By clicking on the "continue" button below, you certify that (i) you have read, you understand and you agree to abide by, the above Terms and Conditions as well as the Participation Terms, if applicable; (ii) if you are an authorized CA partner you have read, you understand and you agree to abide by, the CA Global Partner Program Terms & Conditions set forth here, if applicable (iii) you are seeking to access and/or use CA Site as an authorized user; and (iv) to the best of your knowledge and belief, all information provided by you herein is accurate. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SHOWN, YOU WILL NOT BE GRANTED ACCESS TO THE SITE.
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