CLOUD COMMONS ® WEB SITE TERMS OF USE

 

 

 

This Agreement between you and CA, Inc. and/or its affiliates ( "CA" or "We") includes the terms and conditions ("General Terms") that govern your access to and use of all information, text, articles, images, documents, interactive content (e.g. blogs and wikis), software or other materials (collectively, "Material(s)") published on this site ("Site"). By accessing, browsing or using the Site, you hereby acknowledge that you have read, understood and agree to be bound by these General Terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these General Terms; (ii) you have read and understand these General Terms; and (iii) you agree, on behalf of the party that you represent, to these General Terms. If you do not agree or if you do not have the legal authority to bind your employer or the applicable entity, do not access the Site.  

We may publish additional terms of use ("Additional Terms") from time to time covering access to and use of particular features or particular content on the Site. By using or downloading any materials from this Site, you agree to the applicable terms of use. Specifically, access and use of the Cloud Commons Marketplace shall also be governed by the Cloud Commons Marketplace Terms of Use while access and use of the Cloud Commons Developer Studio shall also be governed by its Terms of Use.

The General Terms, together with any Additional Terms, (collectively, the "Terms") form a legally binding agreement between you and CA with respect to your access of the Site. If there is any conflict between the Additional Terms and the General Terms, then the Additional Terms shall take precedence with respect to that Material.

The Terms may be changed or modified at any time. It is your responsibility to check these Terms periodically for changes. Your continued access of the Site following the posting of changes will mean that you accept and agree to the changes.

If CA has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with CA. If there is any conflict between the English language Terms and the translated Terms, then the English language Terms shall take precedence.

Your Account

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. CA reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. You acknowledge that CA is not liable for any damages or fees associated with unauthorized use of your account.

Intellectual Property

Copyright © CA 2012. All rights reserved.

We authorize you to view, print, and copy (collectively "use") the Materials published on this site, subject to any underlying third party rights in the Materials that may include additional rights or restrictions and provided that (a) the Materials may be used 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. All brand and product names mentioned herein are trademarks of their respective owners.

Your Obligations

You agree not to share any login and password ("login/password") issued 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 known security breach, including the compromise of a 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 any software, files, information, communication, or other content (a) which violates or infringes upon the rights of any other; (b) which, under the circumstances, 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, cancelbot, harmful component or corrupted data; or (e) which contains any advertising, promotion, or solicitation of goods or services for commercial purposes. You agree at all times to comply with and abide by the Interactive Content User Guidelines attached in Exhibit A hereto and you acknowledge and agree that should you violate such Guidelines, We may terminate your access to the Site.

You agree that all activities and statements made by you on or over the Site shall correctly and honestly identify you as the speaker or poster. You agree that you shall not engage in any deceptive or misleading activity or statements. You agree that you will not upload, post, or otherwise publish on or over the Site any information, materials, opinions or statements endorsing or promoting any product or service for which you have a material connection or vested interest without first disclosing such connection or interest in a manner that is clear, conspicuous and identifies you as the source of such endorsement. You agree that all statements or materials posted by you shall reflect your honest findings, opinions or beliefs (if you are the speaker) or of the speaker (if you post any material of a third party).

You represent and warrant that you own any materials that you submit to the Site and that no such materials infringe a third party's intellectual property, moral or privacy rights. You agree to indemnify, defend and hold CA harmless from any and all damages, liabilities, costs and expenses CA incurs as a result of any claim, judgment or adjudication against CA by any third party arising out of the use or distribution of materials that you submit to the Site. In the event that CA receives notice of such a claim, it 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.

Feedback

Unless expressly provided otherwise by CA, all comments, feedback, information or materials related to feedback (collectively "Feedback Materials") submitted through or in association with the Site shall be considered non-confidential and the property of CA. By submitting such Feedback Materials, you agree to a no-charge assignment to CA of all worldwide rights, title and interest in copyrights and other intellectual property rights to the Feedback Materials. CA shall be free to use or copy or distribute for any purpose such Feedback Materials on an unrestricted basis without accounting to you.

Links to Third Party Sites

CA may provide links to the sites of affiliated companies and certain other third party businesses. CA makes no representations, warranties, or other commitments whatsoever about any non-CA sites or third-party resources that may be referenced, accessible from, or linked to the Marketplace. A link to a non-CA site does not mean that CA endorses the content or use of such site or its owner. In addition, CA is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Site. You hereby acknowledge and agree that CA is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources. You agree to carefully review the privacy statement and terms of use for each third party site.

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 CA a notice requesting that the Materials 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.

Governing Law

You agree that any legal action, proceeding or other matters relating to your access to, or use of, the Materials or the Site shall be governed by U.S. federal law or the laws of the State of New York. If there is a determination that any provision of the Terms are invalid or unenforceable, that determination will not affect the rest of the Terms, and the Terms shall be deemed amended to the minimum extent necessary to make the remainder valid and enforceable.

Export Regulations

You represent that you are not located in any U.S. embargoed country and are not on a U.S. government prohibited user list, and will not use information from this site for purposes prohibited by U.S. law. More specifically, you agree that you will not access, download, use or export the material in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations; including but not limited to, providing material to anyone in a U.S. embargoed country or on a U.S. prohibited user list posted by the Department(s) of Commerce, State, Treasury, or use for the development, design, manufacture or production of nuclear, missile, or chemical/ biological weapons. Further information on U.S. government prohibited user lists can be found on the applicable government agency websites including http://www.bis.doc.gov and http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm

Termination

If you fail, or CA suspects that you have failed, to comply with any of the provisions of this Agreement, CA, at its sole and absolute discretion, without notice to you, may terminate this Agreement and/or your access to the Site. You may terminate your access to the at any time. Material terms of this Agreement shall remain in effect upon termination.

CA reserves the right to modify, suspend, discontinue or terminate access to the Site (or any part or content thereof) at any time for any reasons with or without notice to you, and CA will not be liable to you or to any third party should it exercise such rights.

CA, in its sole discretion, reserves the right to mark as "inactive" and archive Site accounts or projects that are inactive for extended periods of time.

Upon the termination of your Site account, for any reason, including as a result of inactivity, violation of these Terms, or receipt of a certificate or other legal document confirming your death, CA will close your account and you will no longer be able to retrieve materials contained in that account.

Disclaimer of Warranties and Limitation of Liability

Material on this Site may be provided by CA or by members of the Site. Such third-party content is the sole responsibility of the person originating and posting 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 of intellectual property rights, or quality of any Material that appears on the Site, regardless of who originates that Material. All Material provided via the Site is intended for informational purposes only and is subject to change or withdrawal at any time without notice. THE MATERIAL IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, 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. 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 on the Site, 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. IN NO EVENT WILL CA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, THE MATERIAL, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF EXPRESSLY ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Entire Agreement

Unless superseded explicitly by a separate written agreement executed between you (or, where applicable, your employer) and CA, the Terms constitute the entire agreement between you and CA with respect to the subject matter hereof and govern your Access of the Marketplace, and supersede any and all prior understandings and agreements between you and CA related to the subject matter hereof. The section headings in the Terms are for convenience only and have no legal or contractual effect. There are and will be no third party beneficiaries to the Terms. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between CA and any user nor do these Terms extend rights to any third party.

EXHIBIT A

Interactive Content User Guidelines

CA provides blogs, wikis, forums, and other social networking tools (collectively "Interactive Content") (i) as a service to its users, to help them exchange ideas, tips, information, and techniques; and (ii) as a forum for discussion of appropriate industry-related topics. This Interactive Content is accessible to all who register and are 18 years of age or older. These tools are most valuable when everyone obeys certain basic guidelines and rules for online behavior. These guidelines and rules are presented here so that you know what is expected of you and what you can expect from other participants when using Interactive Content. By using this Interactive Content you agree to follow these Guidelines.

Relevance of Topics

For everyone's benefit please stay on topic. Interactive Content is specifically provided to allow users to help each other in using products and services, and to serve as a forum for discussion of appropriate industry-related topics. Please 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 using the Interactive Content - please make sure that you are not detracting from any other user's experience. In particular, please 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 are not acceptable.

Solicitation/Advertising

This community is provided to individuals for their personal use and is not intended for the unauthorized promotion of third party services, products, websites, or organizations. Please refrain from posting content that would constitute unauthorized 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, 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 including your name and address, age, or phone number. Furthermore, if any user asks you for personal information, such as an account number, address, password or credit card number, do not provide it.

CA retains the right to remove content and limit users' access

CA does not generally edit or monitor content posted by participants. However, CA retains the right, at its sole discretion, to limit users' access to the Interactive Content and to remove material that, in CA's sole judgment, does not comply with the current Guidelines, or that is otherwise inappropriate, harmful, objectionable, or inaccurate. CA also retains the right to assign such right to some members of the community. Such individuals may take any action they deem necessary in their own judgment to support the Guidelines, and, in general, that can detract from the experience of other users or the purpose of the community. 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.

CLOUD COMMONS® MARKETPLACE TERMS OF USE

NOTICE: THE FOLLOWING TERMS OF USE ALONG WITH THE GENERAL TERMS APPLY TO YOUR USE OF THE CLOUD COMMONS MARKETPLACE.

The following terms and conditions ("Additional Terms") together with the General Terms (collectively, the "Terms") set forth a legal agreement between you and CA. By accessing, browsing, using or shopping (collectively, "Accessing") at the Cloud Commons Marketplace and any associated web site ("Marketplace"), you hereby acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these Terms; (ii) you have read and understand these Terms; and (iii) you agree, on behalf of the party that you represent, to these Terms. If you do not agree or if you do not have the legal authority to bind your employer or the applicable entity, do not Access the Marketplace.

The Marketplace includes a variety of cloud computing content including without limitation, products, services, software, applications or appliances (collectively, "Applications") and other information, materials or content (collectively, "Other Content")

Intellectual Property

Copyright © CA 2012. All rights reserved.

You hereby acknowledge and agree that title and intellectual property in and to any content displayed by or Accessed through the Marketplace belongs to CA and/or third party suppliers and is protected by United States and international intellectual property laws. The compilation of all content on the Marketplace is the exclusive property of CA and protected by U.S. and international copyright laws. You further acknowledge that the Applications or Other Content may contain information which is designated confidential by CA or third party suppliers and that you shall not disclose such information without prior written consent.

As long as you comply with the Terms, and any changes thereto, CA grants you a personal, terminable, non-exclusive, non-transferable, limited license to Access the Marketplace and evaluate applicable Applications. You may only download purchased or licensed Applications or Other Content. You may not otherwise download content on the Marketplace (other than page caching) or modify it, or any portion of it, except as specifically permitted by CA. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any Application or any part thereof, unless otherwise permitted by the accompanying Application agreement. You may not assign (or grant a sub-license of) your rights to use the Application, grant a security interest in or over your rights to use the Application, or otherwise transfer any part of your rights to use the Application, unless other permitted by the accompanying Application agreement.

This license does not include any resale or commercial use of the Marketplace or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Marketplace or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of CA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CA without express written consent. You may not use any meta tags or any other "hidden text" utilizing CA's name or trademarks without the express written consent of CA. Any unauthorized use terminates the permission or license granted by CA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Marketplace so long as the link does not portray CA, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CA logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Obligations

While Accessing the CA Cloud Marketplace and any Applications or Other Content, you:

  • represent and warrant that you will not violate any laws, third party rights or CA policies,

  • represent and warrant that you will not Access the Marketplace, Applications or Other Content if you are not able to form legally binding contracts, are not under the age of 18, and are not temporarily or indefinitely suspended from Accessing the Marketplace;

  • will deliver payment for items licensed or purchased by you;

  • will deliver items licensed or purchased from you;

  • will not manipulate the price of any item or interfere with other users' listings;

  • will not circumvent or manipulate CA's fee structure, the billing process, or fees owed to CA;

  • will not post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

  • will not take any action that may undermine any ratings system (such as displaying, importing or exporting information off of the sites or using it for purposes unrelated to CA);

  • will not distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;

  • will not distribute viruses or any other technologies that may harm CA, or the interests or property of CA users;

  • will not distribute, copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Applications or Other Content, or any portions thereof, or create any derivative works from or of the Applications or Other Content, except as otherwise permitted in a separate agreement associated with the Applications or Other Content;

  • will not incorporate any portion of the Applications into your own programs or compile any portion of it in combination with your own programs, except as otherwise permitted in a separate agreement associated with the Applications; or

  • will not harvest or otherwise collect information about users, including email addresses, without their consent.

AppLogic Software

Except for Applications unrelated to the AppLogic cloud platform and any Applications intended to be used or evaluated on the Marketplace or test grid, before you can use any third party vendor or CA Application posted on the Marketplace, you, or your service provider, must have a license for the CA ® AppLogic® cloud platform. If you do not have a license, please visit http://www.ca.com/us/contact.aspx?tab=sales.

Additional Software Agreements

Your use of an Application and any associated maintenance or support services is based on the accompanying license agreement and other terms and conditions in effect for the Application at the time of license. You must agree to the terms and conditions of that license agreement when you license the Application. You hereby agree and acknowledge that the license agreement is between you and the Application vendor which may or may not be CA. You hereby agree and acknowledge that the Application vendor of any Application will be solely responsible for providing maintenance and support services, if any, with respect to that Application as set forth in the license agreement. You hereby agree and acknowledge that you are responsible for the installation and implementation of any Application and further agree and acknowledge that CA does not represent or warrant that the Application will function as intended or described on your network. CA shall not be responsible for any maintenance or support services unless otherwise provided in writing by CA.

Descriptions

CA attempts to be as accurate as possible with all descriptions on the Marketplace. However, CA does not warrant that Application descriptions or Other Content on the Marketplace is accurate, complete, reliable, current, or error-free. If an Application or Other Content offered by CA itself is not as described, your sole remedy is to cease use of the Application.

Evaluation Applications

CA may make various Applications available in an evaluation mode. The use of such Applications is solely for evaulation purposes and may not be used or relied upon for any other purpose. There is no warranty whatsoever, whether express or implied, on the functionality, safety, performance or utility of the evaluation version of the Application, including any warranty of merchantability or fitness for a particular purpose.

Service Management Index ("SMI")

SMI is a rating system for cloud based services. SMI is being developed and run by the Cloud Service Measurement Initiative Consortium (CSMIC) which is a consortium of academic institutions and representatives of business and government that is led by Carnegie Mellon University. SMI uses a set of objective and subjective factors to create a score for the relevant service. Each Application may include a SMI score as determined by the CSMIC. CA disclaims all warranties associated with the SMI rating and does not represent that the rating is accurate. You hereby agree to release and hold CA harmless from any and all liability associated with the SMI rating, whether or not related to any act or omission on the part of CA. You hereby acknowledge that all issues regarding the SMI score or rating system must be directed to CSMIC.

Pricing

The fee, if any, for use of each Application (and any associated support) or Other Content is set forth on the Marketplace.

Payment

You may pay CA for use and/or support of the Application or Other Content by invoice or major credit cards issued in the United States of America as provided on the Marketplace. Currently, CA accepts PayPal®, Visa®, MasterCard®, Discover® and American Express® credit cards. Generally, credit cards are not charged until you use a subscription Application. Otherwise, your credit card will be charged upon ordering the Application or the Other Content. All sales are final and there are no returns of Applications or Other Content. You may avoid charges for any subscription based Application by ceasing use thereof. You are required to notify CA and/or your service provider when you cease use of any Application. You will be responsible for all usage charges until receipt of such notification.

Billing For Use of Application

Applications may be available under a variety of pricing schemes as set forth on the Marketplace. For subscription applications, CA will invoice or charge your payment of record, either itself or as vendor's agent, the applicable usage fee due and payable for each of the subscribed Applications, for each of the grids for which you have registered the Application, as reported by the AppLogic Metering System or any comparable system. The AppLogic Metering System or other comparable system may determine actual use of the Application in full-minute increments and round up to the next full increment at the end of each call for certain billing purposes. For other pricing schemes, the appropriate fee will be invoiced or charged to your payment of record. You represent and warrant that you will not attempt to use any Application that is distributed under a subscription pricing scheme which requires metering if you do not allow CA access to the AppLogic Metering System or any comparable system for purposes of confirming such usage.

Effect of Non-Payment

If CA is unable to collect sums due within 30 business days from you in connection with an Application or Other Content, CA will suspend your access to that Application, provided the Application enables CA to do so and CA is able to gain electronic access to the Application until such time as payment is made. You hereby agree to cease use of any such Application or other Content until such time as payment is made.

If CA is unable to collect sums due from you within 60 business days, in connection with the Application, CA will terminate your access to that Application and the Marketplace. You hereby agree to return all such Applications or Other Content and certify that all copies have been destroyed.

Sales Tax Policy

CA will collect all appropriate sales and services taxes associated with your use of the Application or purchase of Other Content. You shall be responsible for complying with any and all other applicable tax laws, including the reporting and payment of any taxes arising in connection with the use any Application or purchase of Other Content, including VAT, federal, state, 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.

Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify CA's acceptance of your order, nor does it constitute confirmation of our offer to sell. CA reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Communications and Feedback

You consent to receive communications from us electronically through access to the Marketplace. We may communicate with you by e-mail or by posting notices on the Marketplace. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

CA does not want to receive confidential or proprietary information from you through the Marketplace. All comments, feedback, information or materials submitted to CA through or in association with the Marketplace shall be considered non-confidential and governed by the Feedback section in the General Terms.

Privacy

Access to the Marketplace is subject to the CA Privacy Policy. CA is committed to protecting your privacy. The personal information we collect on the Marketplace may be used worldwide by CA and any entity within the CA group of companies and its subcontractors and partners and in countries that may have weaker data privacy laws than your country. It may also be used to provide you with information about CA products and services in which you may have an interest. By accessing the Marketplace, you are confirming you have read and accept the terms of the CA Privacy Policy, including terms regarding the use of cookies, and consent to the use of your personal information.

Export Regulations; Government End Users

You represent and warrant that you are not located in any U.S. embargoed country and are not on a U.S. government prohibited user list, and will not use information from this site for purposes prohibited by U.S. law or the local laws of other applicable jurisdictions. Users residing in countries on the U.S. Office of Foreign Assets Control (OFAC) sanction list, including Cuba, Iran, Libya, North Korea, Sudan and Syria (as of July 2011), and appearing on prohibited party lists posted by the U.S. Department of Commerce, Bureau of Industry and Security (BIS), may not access content available nor receive services through the Cloud Commons Marketplace. You hereby represent and warrant that you will comply with all export and re-export restrictions and regulations and to not transfer, or encourage, assist, facilitate or authorize the transfer of the Application or Other Content to a prohibited country, or otherwise in violation of any applicable restrictions or regulations: including prohibitions against using the product in a nuclear, missile or chemical/biological weapon application. Further information on U.S. government prohibited user lists can be found on the applicable government agency websites including http://www.bis.doc.gov and http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm.

If you are a U.S. Government end user, CA is licensing the CA Application to you as a "commercial item" as that term is defined in the Federal Acquisition Regulation (see 48 C.F.R. § 2.101), and the rights we grant you to the CA Application are the same as the rights we grant to all others under this Agreement.

Termination

If you fail, or CA suspects that you have failed, to comply with any of the provisions of this Agreement, CA, at its sole and absolute discretion, without notice to you may: (i) terminate this Agreement and/or your Access to the Marketplace, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the license to the Application; and/or (iii) preclude Access to the Marketplace (or any part thereof).

CA reserves the right to modify, suspend, discontinue or terminate Access to the Marketplace and/or Applications (or any part or content thereof) at any time for any reasons with or without notice to you, and CA will not be liable to you or to any third party should it exercise such rights. You hereby agree to cease use of any such Application immediately.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE MARKETPLACE AND ALL APPLICATIONS AND OTHER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARKETPLACE ARE PROVIDED BY CA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOU BEAR AND ACCEPT ALL RISKS ASSOCIATED WITH ACCESSING OR OTHERWISE RELYING ON ANY APPLICATIONS OR OTHER CONTENT ON THE MARKETPLACE. CA DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY APPLICATIONS AND OTHER CONTENT THAT APPEARS ON THE MARKETPLACE, REGARDLESS OF WHO ORIGINATES THAT MATERIAL.

CA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CA DOES NOT WARRANT THAT THE MARKETPLACE; APPLICATIONS OR OTHER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARKETPLACE; THEIR SERVERS; OR E-MAIL SENT FROM CA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CA DOES NOT WARRANT THAT YOUR USE OF THE APPLICATIONS OR OTHER CONTENT WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, OR THAT YOUR USE OF THE APPLICATION WILL OPERATE OR FUNCTION AS INTENDED ON YOUR GRID.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CA AND ITS THIRD PARTY CONTENT PROVIDERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY UNLESS OTHERWISE SPECIFIED IN WRITING. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. YOU ACKNOWLEDGE AND AGREE THAT CA WOULD BE UNWILLING TO MAKE AVAILABLE THE MARKETPLACE ABSENT THE FOREGOING LIMITATIONS OF LIABILITY, WHICH FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

WAIVER AND INDEMNITY

BY ACCESSING THE MARKETPLACE, YOU AGREE TO INDEMNIFY AND HOLD CA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY AND ALL THIRD PARTY CLAIMS, CAUSES OF ACTIONS, PROCEEDINGS, LIABILITIES, DAMAGES, OR OTHER DEMANDS (INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES, ACCOUNTING EXPENSES, AND LEGAL COSTS) ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE MARKETPLACE, APPLICATIONS OR OTHER CONTENT, OR ANY ACTION TAKEN BY CA AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. FURTHERMORE, YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM CA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO MODIFY, SUSPEND, DISCONTINUE OR TERMINATE YOUR ACCESS TO THE MARKETPLACE, APPLICATIONS, OR OTHER CONTENT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CA'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

CLOUD COMMONS® DEVELOPER STUDIO TERMS OF USE

NOTICE: THE FOLLOWING TERMS OF USE ALONG WITH THE GENERAL TERMS APPLY TO YOUR USE OF THE CLOUD COMMONS DEVELOPER STUDIO.

The following terms and condition ("Additional Terms") together with the General Terms (collectively, the "Terms") set forth a legal agreement between you and CA. By accessing, browsing, developing or using (collectively, "Accessing") the Cloud Commons Developer Studio ("Development Site"), you hereby acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these Terms; (ii) you have read and understand these Terms; and (iii) you agree, on behalf of the party that you represent, to these Terms. If you do not agree, do not Access the Development Site.

Definitions

The following capitalized terms shall have the meaning set forth below for purposes of this Agreement:

  • "Code" means any software code you submit, post, display or distribute on the Development Site.

  • "Code Snippets" means Code, scripts, and functions that you own and intend to share with members of the Development Site.

  • "Associated Content" means any text, data, music, sound, photograph, graphic, video, message or material, whether publicly posted or privately transmitted via Development Site, but does not include Code.

  • "Content" means any Code or Associated Content. Content does not include any Feedback Materials.

  • "Grid" means a combination of networked computers into one or more virtual (apparent) machines or data centers.

  • "Private Project" means a development activity that is only available to users whom the project leader has designated and granted specific access. All Code within the Private Project is only available to such designated users and is subject to the terms and conditions established therewith.

  • "Prohibited Activity" means:

  1. illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking (including using any information obtained on or via Development Site to harass, abuse, stalk, or harm another person), spamming, copyright infringement, patent infringement, or theft of trade secrets;

  2. using any information obtained from Development Site in order to contact, advertise to, solicit, or sell to any user without such user's prior explicit consent (including non-commercial contacts like chain letters);

  3. compiling or collecting Associated Content or Development Site Materials from Development Site as part of a database or other work;

  4. interfering with, disrupting, or creating an undue burden on Development Site or the networks or services connected to Development Site, including, without limitation, any attempt to circumvent the access controls or security measures of Development Site;

  5. accessing Development Site by any means other than through interfaces provided by CA, unless otherwise specifically authorized by CA in a separate, prior written agreement;

  6. circumventing, disabling or otherwise interfering with security-related features of Development Site, or features that prevent or restrict use or copying of any Materials or enforce limitations on use of Development Site or the Materials therein;

  7. attempting to impersonate another user or person, using the user account of another person, and selling or otherwise transferring your user account, or otherwise misrepresenting your affiliation with a person or entity; and,

  8. selling, reselling or offering for any commercial purposes, any portion of, use of, or access to Development Site, except where specifically endorsed or approved by CA.

  • "Public Project" means a development activity that is available to all members of the Development Site. All Code within the Public Project is available under the applicable open source license as associated therewith.

  • "Test Grid" means an AppLogic Grid that is provided by CA or by a third party provider.

  • "Your Content" means Content that you post, submit, create, transmit or display on or through Development Site.

Intellectual Property

Copyright © CA 2012. All rights reserved.

You retain your ownership rights to any and all of Your Content. CA claims no ownership of any Content you submit to the Development Site. You or your third party licensor, as applicable, retain all intellectual property rights to any Content and you are responsible for protecting those rights, as appropriate.

The code, text, graphics, photos, sounds, sayings and the like that are available on and via Development Site ("Development Site Materials") and the trademarks, service marks and logos of CA contained thereon ("Marks"), which are owned by or licensed to CA, are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You may not use any of the CA Marks without expressed written permission by CA.

You will not to remove, obscure, or alter CA's or any third party's copyright, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Development Site.

Development Site Materials and Content available on and via Development Site, and any other software used in connection with operating Development Site, are provided to you "AS IS" for your personal information and use, except as expressly authorized by CA or respective third party rights holders in a separate written agreement. You agree not to otherwise use, copy, modify, rent, lease, loan, sell, distribute, transmit, broadcast, publish, display, create derivative works of, or exploit the Development Site Materials, Content, Sponsor Content, and any software used in connection with operating Development Site, in whole or in part.

CA respects the intellectual property rights of others, and asks you to do the same. It is CA's policy to terminate the access privileges of those who infringe the copyright rights of others. You may not post, modify, distribute or reproduce in any way any copyrighted materials, trademarks or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.

Your Obligations

While Accessing the Development Site, you:

  • represent and warrant that you are of legal age in your jurisdiction to create binding contractual and financial obligations and to assume any liability that you may incur as a result of your use of Development Site; are not under the age of 18; and are not temporarily or indefinitely suspended from Accessing the Development Site;

  • will use Development Site in compliance with all applicable international, state, federal and local laws and in accordance with these Terms.

  • may not access or use Development Site for any purpose other than that for which CA makes it available.

  • will not engage in any unlawful or Prohibited Activity in connection with the Development Site. Without limiting any other remedies, CA may suspend or terminate your Development Site account if we suspect that you have engaged in unlawful or Prohibited Activity. CA reserves the right, in its sole discretion to investigate and take appropriate legal action against anyone who, in CA's sole discretion violates this provision.

  • acknowledge that the Developer Tools and Content are not intended for production use, and may contain bugs, errors and incompatibilities with other Developer Tools or Content.

  • acknowledge any use of the Developer Tools or Content is as at your sole risk.

User Content

When you create or make available Your Content, you represent and warrant that:

  • you own or have sufficient rights to post or make available Your Content on or through Development Site;

  • the posting or making available of Your Content on or through Development Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights, including intellectual property rights, of any person or entity;

  • you have fully complied with any third-party licenses relating to Your Content, agree to pay for all royalties, fees and any other monies owing any person by reason of any of Your Content that you posted on or through Development Site;

  • Your Content does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;

  • Your Content is not obscene, lewd, lascivious, excessively violent, harassing, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another;

  • Your Content does not endorse or promote racism, bigotry, hatred, or physical harm of any kind against another group or individual, and does not discriminate, incite harassment or advocate harassment of any group or individual;

  • Your Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health and well-being of minors;

  • You are responsible for the Content that you post, submit, create, transmit or display on or through the Development Site and are liable for any consequences thereof;

  • Communications in chat areas, forums, bulletin boards or other public or common areas of the Development Site are not private communications. You will use caution when submitting any Content that contains your personal information to a public or common area of Development Site;

  • if your employer has rights to intellectual property you create, you have either:

  1. received permission from your employer to make available Your Content, or

  2. secured from your employer a waiver as to all rights in or to Your Content;

  • Your Content does not constitute, contain, install or attempt to install or promote spyware or malware or any other computer code (whether on CA's or others computers or equipment) intended to, or that does, enable you or others to gather information about or monitor the online or other activities of another party, unless it discloses such functionality to the user in a clear and conspicuous manner and the user affirmatively consents to such use; and,

  • Your Content does not otherwise violate, or link to material that violates, any provision of these Terms or any local, state, or federal law or regulation, including any law designed to regulate electronic advertising.

Oversight

CA does not have any obligation to monitor or pre-screen or review the Development Site or Content; however, CA reserves the right (but does not undertake the obligation) in its sole discretion to:

  • monitor Development Site for violations of these Terms,

  • take appropriate legal action against anyone who, in CA's sole discretion, violates these Terms, including, without limitation, reporting violations to law enforcement authorities;

  • refuse, restrict access to or the availability of, or disable access to or the availability of (to the extent technologically feasible) any user's Content or any portion thereof that may violate these Terms or any CA Policy;

  • terminate the accounts of infringers;

  • otherwise manage Development Site in a manner designed to protect the rights and property of CA and others and to facilitate the proper functioning of Development Site; and

  • restrict access to or the availability of material that CA, in its sole discretion, considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

Developer Tools

There are various development tools and toolkits ("Developer Tools") made available via the Development Site to assist you in your development efforts.

CA Developer Tools

Some Developer Tools available on the Development Site are owned and/or made available by CA. Subject to the terms and conditions set forth herein, CA grants you a revocable, non-transferable, non-exclusive and non-sublicenseable limited license to use the CA Developer Tools in connection with the Development Site and your development work on the AppLogic cloud platform. If there are license terms accompanying specific Developer Tools, such license terms shall apply and to the extent there is any conflict with the terms herein, such accompanying license terms shall control.

Third Party Developer Tools

Some Developer Tools available on the Development Site are owned and made available by third parties. Your use of a third party's Developer Tools will be governed by the third-party terms accompanying such Developer Tools. Please read those terms carefully before accepting them or using the third-party Developer Tools. You should contact the third-party provider of such Developer Tools directly with any questions about those terms.

Open Source Code Appliances

The Development Site may include open source code appliances for use with the AppLogic cloud platform. The open source code appliances are made available for download in accordance to the license(s) accompanying such appliances. Use of the open source code appliance is governed by the terms of the license, if any, which accompanies the applicable appliance.

Project Sites

You may create a Public Project or Private Project as part of your development activity. You must designate the open source license for the Public Project. You may join and participate within any Public Project and contribute Code to such project subject to the terms herein and the open source license associated therewith. You may only participate in a Private Project if invited by the leader of such a project. You hereby agree to comply with all of the terms and conditions associated with the Private Project. You hereby acknowledge that there is no expectation of confidentiality with either a Public Project or a Private Project and that CA shall have no responsibility or liability whatsoever for any disclosure of Content from a Private Project.

All postings of open source encryption code controlled under U.S. Export Classification number (ECCN) 5D002 must be simultaneously reported by email to the U.S. government. You are responsible for submitting this email report to the government in accordance with procedures described in the Export Administration Regulations ("EAR") 15 C.F.R. and identified at: http://www.bis.doc.gov/encryption/PubAvailEncSourceCodeNofify.html . Cryptographic software may not legally, knowingly be exported to Cuba, Iran, Libya, North Korea, Sudan or Syria. U.S. encryption regulations also place limitations on the permissibility of providing technical support related to, or assistance in compiling, cryptographic software. For additional information, see http://www.bis.doc.gov/encryption/.

Code Licenses

When you submit, post, upload or otherwise provide Code to the Development Site, you must designate promptly the software license pursuant to which licensees obtain rights with respect to such Code. CA encourages the use of the new-BSD license. For more information, go to http://www.opensource.org/licenses/bsd-license.php. Except as otherwise expressly permitted by these Terms, any Code submitted to the Development Site must be licensed under a license that is:

Please note that CA is not affiliated with the OSI.

Regardless of the license you select for Code Snippets or Code associated with a Public Project, you grant CA a perpetual, worldwide, fully paid up right and license under your intellectual property rights to use, copy, modify, publish, republish, distribute and create derivative works based on, in any form, such Code.

By submitting Code Snippets to the Development Site or Code to a Public Project, you certify that your Code is in compliance with the OSI-Approved or compliant license that you designate or that is associated with the Public Project, and you hereby represent and warrant that you have all rights, licenses and consents necessary to grant CA and other users the rights and licenses granted herein, and under the OSI-Approved or compliant license you designate or that is associated with the Public Project, without infringement of any third party rights. In addition, the Code that you submit must also be made available in human-readable (i.e., "Source Code") form. Whenever reasonably feasible, you agree that you will make Source Code available on or via Development Site corresponding to Code that you post, submit, display or distribute. You must make Source Code available for all portions of Code that you have modified, enhanced or otherwise created derivative works from (with any such modification or derivative work being a "Change").

Associated Content License

You hereby grant CA an unrestricted, irrevocable, worldwide, non-exclusive, perpetual, fully sublicensable, transferable, royalty-free right and license under all worldwide intellectual property rights to use, copy, reproduce, adapt, modify, translate, distribute, publicly display, perform, modify, rent, sell, make, have made, import, create derivative works from, and otherwise freely use Associated Content (in whole or part) and incorporate Associated Content in other works, in any form, media, or technology developed by CA, though CA is not required to incorporate such Associated Content into any CA products or services. CA reserves the right to syndicate Associated Content submitted, posted or displayed by you on or through Development Site and use that Associated Content in connection with any service offered by CA. You also agree that CA is free to use any ideas, concepts, know-how, or techniques that you send CA for any purpose.

You hereby represent and warrant that you have all rights, licenses and consents necessary to grant CA and other users the rights and licenses granted herein to the Associated Content without infringement of any third party rights.

Test Grids

Test Grids may be provided through the Development Site to allow you to test Code on an AppLogic Grid. You may reserve time to use specified Test Grids. CA does not warrant that the Test Grids will be available at the specified dates and times or that it will serve your purposes. You acknowledge that the Test Grids are provided as-is, will be used at your own risk and may not satisfy all of your needs. You agree to pay any fee, if any, associated with your use of the Test Grid. You hereby agree not to download any Code from a Test Grid for any reason. There is no warranty whatsoever by CA or a third party provider, whether express or implied, on the functionality, safety, performance or utility of the Test Grids, including any warranty of merchantability or fitness for a particular purpose.

Support

CA has no obligation whatsoever to provide support services for any third party Developer Tools or third party Content or to update the third party Developer Tools or third party Content.

Storage

You agree that CA has no responsibility or liability for the deletion or failure to store any Content or other communications maintained on or transmitted via Development Site. While CA will use reasonable efforts to back up Development Site data and make such data available in the event of loss or deletion, CA has no responsibility or liability for the deletion or failure to store any communications or Content maintained or transmitted on Development Site. Though CA has no set fixed upper limit on the number of transmissions you may send or receive on or via Development Site, or the amount of storage space you may use, CA retains the right, at its sole discretion, to create limits at any time.

Privacy

Access to the Development Site is subject to the CA Privacy Policy. CA is committed to protecting your privacy. The personal information we collect on the Development Site may be used worldwide by CA and any entity within the CA group of companies and its subcontractors and partners and in countries that may have weaker data privacy laws than your country. It may also be used to provide you with information about CA products and services in which you may have an interest. By accessing the Development Site, you are confirming you have read and agree to the terms of the CA Privacy Policy, including terms regarding the use of cookies, and consent to the use of your personal information. You understand that the technical processing and transmission of Your Content may involve transmissions over various networks and systems, including those located outside of your country and those beyond the control of CA. You hereby acknowledge that there is no expectation of confidentiality regarding any Content that you provide to the Development Site.

Export Control; Government User

You represent that you are not located in any U.S. embargoed country and are not on a U.S. government prohibited user list, and will not use information from this site for purposes prohibited by U.S. law or the local laws of other applicable jurisdictions. Users residing in countries on the U.S. Office of Foreign Assets Control (OFAC) sanction list, including Cuba, Iran, Libya, North Korea, Sudan and Syria (list as of July 2011), and appearing on prohibited party lists posted by the U.S. Department of Commerce, Bureau of Industry and Security (BIS), may not post content to, access content available or provide or receive services through the Cloud Commons Marketplace. You hereby represent and warrant that you will comply with all export and re-export restrictions and regulations and to not transfer, or encourage, assist, facilitate or authorize the transfer of the Application or Other Content to a prohibited country, or otherwise in violation of any applicable restrictions or regulations: including prohibitions against using the product in a nuclear, missile or chemical/biological weapon application. Further information on U.S. government prohibited user lists can be found on the applicable government agency websites including http://www.bis.doc.gov and http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm.

If you are a U.S. Government end user, CA is licensing the CA Application to you as a "commercial item" as that term is defined in the Federal Acquisition Regulation (see 48 C.F.R. § 2.101), and the rights we grant you to the CA Application are the same as the rights we grant to all others under this Agreement.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

CA cannot control the nature of the Content available on or via Development Site. By operating Development Site, we do not represent or imply that (1) CA endorses any Content or any other materials or items available on or via Development Site, including without limitation content hosted on third-party web Development Sites; or (2) that CA believes any Content to be accurate, useful or non-harmful.

CA cannot guarantee and does not promise any specific results from use of Development Site. No advice or information, whether oral or written, obtained by you from CA or via Development Site will create any warranty not expressly stated herein.

YOU AGREE THAT YOUR USE OF DEVELOPMENT SITE WILL BE AT YOUR SOLE RISK. THE DEVELOPMENT SITE AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DEVELOPMENT SITE ARE PROVIDED BY CA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOU BEAR AND ACCEPT ALL RISKS ASSOCIATED WITH ACCESSING OR OTHERWISE RELYING ON ANY CONTENT ON THE DEVELOPMENT SITE. CA DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT THAT APPEARS ON THE DEVELOPMENT SITE, REGARDLESS OF WHO ORIGINATES THAT MATERIAL.

CA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CA DOES NOT WARRANT THAT THE DEVELOPMENT SITE OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DEVELOPMENT SITE; THEIR SERVERS; OR E-MAIL SENT FROM CA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CA DOES NOT WARRANT THAT YOUR USE OF THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.

SCHEDULED AND PREVENTIVE MAINTENANCE, AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO DEVELOPMENT SITE. WE DO NOT ASSUME RESPONSIBILITY FOR DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CA AND ITS THIRD PARTY CONTENT PROVIDERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY UNLESS OTHERWISE SPECIFIED IN WRITING. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. YOU ACKNOWLEDGE AND AGREE THAT CA WOULD BE UNWILLING TO MAKE AVAILABLE DEVELOPMENT SITE ABSENT THE FOREGOING LIMITATIONS OF LIABILITY, WHICH FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

WAIVER AND INDEMNITY

BY ACCESSING THE DEVELOPMENT SITE, YOU AGREE TO INDEMNIFY AND HOLD CA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY AND ALL THIRD PARTY CLAIMS, CAUSES OF ACTIONS, PROCEEDINGS, LIABILITIES, DAMAGES, OR OTHER DEMANDS (INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES, ACCOUNTING EXPENSES, AND LEGAL COSTS) ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE DEVELOPMENT SITE OR ANY CONTENT, OR ANY ACTION TAKEN BY CA AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. FURTHERMORE, YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM CA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO MODIFY, SUSPEND, DISCONTINUE OR TERMINATE YOUR ACCESS TO THE DEVELOPMENT SITE OR ANY CONTENT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CA'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.