Riverbed Technology, Inc. (herein referred to as “Riverbed”, “we”, “us” or “our”)
provides and makes available this website, including without limitation, any
associated web pages and forums (collectively, the “Website”). All use of the
Website is subject to the terms and conditions contained in these Terms of Use
(“Terms”).
By accessing, browsing or using the Website, you acknowledge that you have read,
understood and agree to abide by these Terms and comply with all applicable laws
and regulations. If you do not agree to the Terms, you must not use, access or
browse the Website.
Riverbed reserves the right to modify or update these Terms, make changes to the
Website, or discontinue any or all of its programs, products, materials or services
without prior notice. The revised Terms will become effective at the time of
posting. Any use of the Website after such date will constitute your acceptance of
such revised Terms. If any change to these Terms is not acceptable to you, your
sole remedy is to cease accessing, browsing or otherwise using the Website.
Riverbed’s Website contains content, including but not limited to text, graphics,
logos, icons, images, podcasts and video clips (collectively, “Website Content”).
The Website Content is the exclusive property of Riverbed or its content suppliers
and is protected by U.S. and international copyright laws. The compilation (meaning
the collection, arrangement, and assembly) of all Website Content is the exclusive
property of Riverbed and is also protected by U.S. and international copyright laws.
Riverbed grants you a limited, revocable, nonsublicensable right to use the Website
Content for information about Riverbed, its products and services. Any other use,
including the reproduction, modification, distribution, transmission, republication,
display, or performance, of the Website Content is strictly prohibited.
In your access and use of the Website or Website Content, you may not (a) copy,
republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make
available in any form or by any means all or any of the Website or any Website
Content retrieved therefrom; (b) use the Website or any materials obtained from the
Website to develop any information, storage and retrieval system, database,
information base, or similar resource (in any media now existing or hereafter
developed), that is offered for commercial distribution of any kind, including
through sale, license, lease, rental, subscription, or any other commercial
distribution mechanism; (c) create compilations or derivative works of any Website
Content; (d) use any Website Consent in any manner that may infringe any copyright,
intellectual property right, proprietary right, or property right of Riverbed or any
third parties; (e) remove, change or obscure any copyright notice or other
proprietary notice or terms of use contained on the Website; (f) make any portion
of the Website available through any timesharing system, service bureau, the
internet or any other technology now existing or developed in the future; (g)
remove, decompile, dissemble or reverse engineer any Website software or use any
network monitoring or discovery software to determine the Website architecture;
(h) use any automatic or manual process to harvest information from the Website;
(i) use the Website for purposes of gathering information for or transmitting
(1) unsolicited commercial email; (2) email that makes use of headers, invalid or
nonexistent domain names, or other means of deceptive addressing; and
(3) unsolicited telephone calls or facsimile transmissions; or (j) use the Website
in a manner that violates any state or federal law regulating email, facsimile
transmissions or telephone solicitations.
You warrant to Riverbed that you will not use the Website for any purpose that is
unlawful or prohibited by these Terms. You may not use the Website in any manner
that could damage, disable, overburden, or impair the Website or interfere with any
other party’s use and enjoyment of the Website. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made
available or provided for through the Website.
Your rights to access, download and/or use any Riverbed products or services made
available through the Website will be subject to the terms and conditions of the
agreement identified on the Website and/or in connection with such products and
services applicable to each such product or service, and you agree to comply with
those terms and conditions.
The trademarks, service marks and logos of Riverbed used and displayed on this
Website are registered and unregistered trademarks or service marks of Riverbed.
All other trademarks mentioned in this Website are the property of their respective
owners. The trademarks and logos displayed on this Website may not be used without
the prior written consent of Riverbed or their respective owners.
Except where otherwise specified, the Website Content is copyright
© 2007 – 2024 Riverbed. All rights reserved.
Copyright Infringement Claims
Although some of the individuals posting to this Website, including the moderators,
work for Riverbed, any opinions expressed are the personal opinions of the original
authors, not of Riverbed. The content is provided for informational and
entertainment purposes only and is not meant to be an endorsement or representation
by Riverbed or any other party. Riverbed does not assume any responsibility or
liability for any opinions or other commentary posted on this Website or any website
linked to this Website and makes no express or implied warranty or guarantee about
the accuracy, copyright compliance, legality, or any other aspect of the content.
We do not claim any ownership rights in any text, files, images, photos, video,
sounds, software, works of authorship, or other materials that you upload or
otherwise provide to our Website (collectively, “User Content”).
You grant to Riverbed a worldwide, perpetual, irrevocable, royalty-free and
fully-paid, transferable (including rights to sublicense) right to fully exercise
and exploit all intellectual property, publicity, and moral rights with respect to
any User Content you provide. Riverbed may modify, display, delete, transmit or
distribute User Content posted on this Website in its sole discretion and without
your permission. However, Riverbed shall not be responsible for controlling or
editing any User Content, nor can Riverbed ensure prompt removal of inappropriate
or unlawful User Content.
By posting you agree to be solely responsible for the User Content you contribute,
link to, or otherwise upload to this Website and release Riverbed from any liability
related to your use of the Website. You warrant, represent and agree that you will
not contribute any User Content or otherwise use the Website in a manner that
(i) infringes the intellectual property rights or proprietary rights, or rights of
publicity or privacy, of any third party; (ii) violates any law, statute, ordinance
or regulation; (iii) you should know is harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable.
Riverbed reserves the right to remove any User Content from the Website at any time,
for any reason (including, but not limited to, upon receipt of claims or allegations
from third parties or authorities relating to such content or if Riverbed is
concerned that you may have breached the immediately preceding sentence), or for no
reason at all.
Our Website is available to the public. No information you consider confidential
should be posted to this website. If you submit User Content, you agree that
Riverbed may reveal your identity and whatever information we know about you to any
law enforcement agent or official in the event of legal action arising from any
posting(s) made by you.
Links to Third-Party websites
This Website may contain links to third-party websites. Access to any other Internet
website linked to this Website is at your own risk and Riverbed is not responsible
for the accuracy, availability or reliability of any information, goods, data,
opinions, advice or statements made available on these websites. As such, Riverbed
is not liable for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such third party website. Riverbed
provides these links merely as a convenience and the inclusion of such links does
not imply an endorsement or recommendation.
THIS WEBSITE IS PROVIDED BY RIVERBED ON AN "AS IS" BASIS. RIVERBED MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS
WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RIVERBED DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
RIVERBED MAKES NO WARRANTY THAT: (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS;
(B) THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY
SERVICES OFFERED THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (D) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. RIVERBED
SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
Although Riverbed has attempted to provide accurate information on this Website,
Riverbed assumes no responsibility for the accuracy or completeness of the
information. Riverbed may change the programs or products mentioned on this website
at any time without notice, but Riverbed makes no commitment to update the programs
or products mentioned on this Website in any respect. Mention of non-Riverbed
products or services is for informational purposes only and constitutes neither an
endorsement nor a recommendation.
RIVERBED WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS,
ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR ANY RIVERBED PRODUCT OR
RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF RIVERBED
MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, and hold Riverbed, its affiliates, and its and their
respective officers, directors, agents and employees harmless from and against any
claims, actions or demands, including, without limitation, reasonable legal and
accounting fees, arising or resulting from your breach of these Terms or your access
to, use or misuse of the Website Content or Website. Riverbed shall provide notice
to you of any such claim, suit, or proceeding. Riverbed reserves the right to assume
the exclusive defense and control of any matter which is subject to indemnification
under this section. In such case, you agree to cooperate with any reasonable
requests assisting Riverbed’s defense of such matter.
Export Restrictions; Legal Compliance
You may not access, download, use or export the Website or Website Content,
software, products or services provided on the Website in violation of U.S. export
laws or regulations, or in violation of any other applicable laws or regulations.
Riverbed may terminate or suspend access to the Website immediately, without prior
notice or liability, if you breach any of these Terms or for any other reason.
The failure of either party to exercise in any respect any right provided for herein
shall not be deemed a waiver of any further rights hereunder. If any provision of
these Terms is found to be unenforceable or invalid, that provision shall be limited
or eliminated to the minimum extent necessary so that these Terms shall otherwise
remain in full force and effect and enforceable. These Terms are not assignable,
transferable or sublicensable by you except with Riverbed's prior written consent.
These Terms shall be governed by and construed in accordance with the laws of the
state of California without regard to the conflict of laws provisions thereof. Both
parties agree that these Terms are the complete and exclusive statement of the
mutual understanding of the parties and supersede and cancel all previous written
and oral agreements, communications and other understandings relating to the subject
matter hereof, and that all modifications must be in writing signed by both parties,
except as otherwise provided herein. No agency, partnership, joint venture, or
employment is created as a result of these Terms, and you do not have any authority
of any kind to bind Riverbed in any respect whatsoever.