Terms for User Sites - CA Technologies
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Terms for User Sites


Last updated by the CA Legal team on December 11, 2015

Access to User Sites

By registering for ca.com you agree, on behalf of your employer or company, to be bound by these User Site Terms. In addition to the ca.com Site Terms, which are hereby incorporated by reference, these terms govern your access to and use of the ca.com User Sites (“User Site Terms”). If you do not agree to these terms, or you do not have the authority to bind your employer or company to these terms, you must not register or use the User Sites.

You should check these terms frequently, as we may update them from time to time. Usually, when we update, modify or change the User Site Terms we will present you with new User Site Terms when you login to your ca.com account, but if we don’t, you’ll find the date of the most recent update at the top of this page. If you do not agree to the changed, modified or updated User Site Terms you must not access or use the User Sites.

Any capitalized terms that are not defined, will have the definitions given in the ca.com Site Terms.

Your Account

In order to register for a ca.com account you must provide all required information, including your first and last name. Certain areas of the User Sites may display your full name, you can provide an “alias” name that will be displayed instead of your name. You can review our Privacy Notice here.

Remember that you are responsible for protecting and maintaining the confidentiality of your account, including your username and password. What happens under your username is your responsibility; so make sure you take the proper measures to do things like restricting access to your computer.

If you believe your account was accessed in an unauthorized manner, please notify us right away at PrivacyHelpLine@ca.com. While we hope we never have to do this, remember that we reserve the right to terminate your account, remove content, cancel orders, etc. at any time for any reason.

Users

The User Sites listed below have some additional terms that are specific to the use of those sites. These may be in addition to or in place of some of the terms found here and/or in the Site terms.

If you need a refresher about what our guidelines are, for contribution and use of the User Sites, you can find them in the ca.com Site Terms here.

Except with respect to information that is available publicly on ca.com or as otherwise set forth herein, you agree not to disclose any information obtained from the User Sites to any third party and you further agree to treat such information as confidential.

Support Site

Your use of the support sites, such as support.ca.com and any associated patches, upgrades, downloads of code and other documentation are limited to the rights defined in the applicable license and support agreement between you and CA.

All information posted on or in the support site is CA confidential information unless otherwise specified. If you need to modify, add or delete access to the support site, you can do so by opening a support ticket.

For Community Use

  • Use on Community sites, forums and blogs are restricted for internal non-commercial use only.
  • All information or software code downloaded or accessed (including field packs, customized solutions, pre-release technologies, patches etc.) are provided AS IS and no warranties are provided or made. Title and ownership of any such information, software code or pre-release technologies will at all times remain with CA.
  • Any information posted by Community Users or provided by Community Users in connection with Community activities is NOT confidential information and is deemed Feedback owned by CA.

Development Participation

CA may from time to time ask you to participate in pre-release activities such as product beta testing, sprint reviews, etc. Such activities may occur on a User Site, including a private community site, or via other methods (e.g. web sessions, teleconferences, live demos, etc.). Regardless of the method of communication used, any pre-release materials shall be subject to the disclaimers and limitations of liability contained in the Site Terms. CA reserves the right to terminate your access or use of pre-release materials at any time, for any reason, and you agree to promptly return or destroy such materials as instructed by CA. CA does not guarantee that the commercially available release of a product or service, if any, will be identical to the pre-release materials.

You agree that all such materials provided to you, including any content posted on the applicable site, in connection with any pre-release activities are considered CA confidential information and can only be used for non-commercial evaluation and testing purposes consistent with the scope of the pre-release activity, and any software testing shall only occur in non-production environments. Since access to such materials includes access to CA’s software or other confidential and proprietary information, you further agree you will not (i) copy the materials (except for reasonable archival purposes); (ii) modify, reverse compile, reverse engineer, reverse assemble, benchmark or perform competitive analysis on the materials except solely to the extent permitted under applicable law without the possibility of contractual waiver; or (iii) distribute or otherwise provide access to the materials to third parties. Due to the varying nature of pre-release activities that CA may conduct, you may be asked to agree to additional terms as a condition of your participation in a particular activity.

Marketplace @ CA

[The Marketplace @ CA is currently only available in the United States]

The Marketplace @ CA (the “Marketplace”) is an online platform that enables you to view, browse and acquire certain offerings, such as software, SaaS, services and education (the “Offerings”). The Offerings may be developed and owned by CA, or they may be applications, add-ons or complimentary solutions to CA products that were created by a third party (“Third Party Offerings”). Any Offering, and its associated content provided to you, is subject to a separate End User License Agreement (“EULA”) with the applicable licensor.

When you submit your order for an Offering you will be presented with hyperlinks to the EULA(s) that govern your use of the Offering. By submitting the order you are agreeing to be bound by those terms and any applicable payment obligations. For a CA Offering the EULA will be between you and CA; for a Third Party Offering, the EULA will be between you and the third party.

Some important information about Third Party Offerings: these are Offerings that are not owned, created, licensed, sponsored or endorsed by CA. You should not assume that CA monitors or validates any of these Offerings, even if we say we do. CA does not assume any liability with any Third Party Offering and is not responsible for the quality, accuracy or nature of the Third Party Offering or its content. CA is only acting as a platform provider in these instances and is not a party to the transaction. In any event, nothing in any third party EULA shall limit, impact or supersede any of these User Site Terms.

Support and maintenance information, if available, for an Offering can be found in the description of the Offering and/or in the EULA governing such Offering between you and the applicable licensor. Unless stated otherwise, Third Party Offerings are not included in the support and/or maintenance you may receive from CA.

Pricing of the Offerings and available licensing methods (such as subscription, perpetual, auto-renewal, etc.) will be indicated on the Offering Page or checkout page. The available payment methods will be provided on the checkout page. Credit card charges will be pre-authorized when you submit your order and will be charged for the full amount upon the issuance of an invoice by CA for the Offering, as applicable.

In the event a currency conversion is required, CA shall apply the currency conversion calculation based on CA’s then current policy.

The prices presented to you do not include any applicable sales or services taxes, which will be assessed and included at the time of invoice or applicable payment method. You are responsible for complying with all other applicable tax laws, including VAT, federal, state and local tax, personal property tax (other than franchise and income taxes for which CA is responsible), import and custom duties and any other applicable taxes.

Any order confirmation or similar communication you may receive means that we have received your order, not that we have accepted it. We reserve the right to accept or decline an order for any reason. The issuance of an invoice by CA is considered our acceptance of your order. Unless provided otherwise by law, all charges are final and non-refundable.

If the event of non-payment of fees due for an Offering, in addition to the rights and remedies outlined in the EULA, CA may terminate your access to the Marketplace and/or Offerings, if applicable.

Indemnification

You agree to indemnify, defend and hold harmless CA, and its affiliates, from and against any and all claims, losses, liabilities, damages, expenses and costs (including without limitation attorney fees and court costs) (collectively, “Losses”) arising out of or related to: (i) your actual or alleged breach of these User Site Terms or other applicable CA use policy; (ii) your use of the User Sites and any Offerings or other content in connection thereof; (iii) use or distribution of content or information provided, uploaded, or transferred to the User Sites by you or any user under your account, authorized or unauthorized; or (iv) any action taken by CA as part of its investigation of a suspected violation of these User Site Terms, or as a result of a finding or decision by CA that such a violation has occurred. In the event CA receives notice of the foregoing, CA will notify you in writing and will permit you to have 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 and are capable of resolving the claim. You agree that you will not enter into any settlement and/or compromise admitting any fault or liability on behalf of CA without CA’s express prior written consent.

About These Terms

You agree and consent to receive electronic communications from CA about your account and all related activities. Electronic communications means that notices, disclosures, orders, or updates etc., will be sent to the e-mail address you provide or by posting them to the Site (including the User Sites).

To the maximum extent permitted by applicable law, any laws or regulations that provide that the language of a contract will be construed against the drafter will not apply to the User Site Terms.

Nothing in these User Site Terms affects any statutory rights of consumers that cannot be waived or limited by contract.

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