Last Updated Date: January 1, 2014
KEY CONTENT-RELATED TERMS
"A10 Networks Content" means Content that A10 Networks makes available through the Site, Services or Application, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means, collectively, A10 Networks Content and Member Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Member" means a person that completes A10 Networks' account registration process, as described under the "Account Registration" section below.
"Member Content" means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Services or Application.
Certain areas of the Site (and your access to or use of certain Services, Application or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, Application or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, Application or Collective Content, as applicable.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, SERVICES OR APPLICATION, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES OR APPLICATION, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SITE OR VIA THE APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, APPLICATION OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
A10 Networks reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Services or Application or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Services or Application after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services and Application.
The Site, Services and Application are intended solely for persons who are 18 or older. Any access to or use of the Site, Services or Application by anyone under 18 is expressly prohibited. By accessing or using the Site, Services or Application you represent and warrant that you are 18 or older.
In order to access certain features of the Site, Services and Application and to post any Member Content on the Site or through the Services or Application you must register to create an account ("Account") and become a Member.
You may register directly via the Site or Application, as described herein. During the registration process, you will be required to provide certain information and you will establish a username and a password.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. A10 Networks reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify A10 Networks of any unauthorized use of your Account.
When you register for an Account, you will be required to provide customary billing information such as name and billing address, and to select a subscription term and the payment frequency (monthly or annual). For business accounts you may provide a credit card number or, if you request payment on an invoice basis, you will be required to provide us with the necessary information to send you an invoice.
You agree to pay the applicable subscription fee and any taxes and other fees that may accrue in relation to your use of the Site, Services and Application, if any. All fees are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
The Site, Services, Application and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services, Application and Collective Content, including all associated intellectual property rights, are the exclusive property of A10 Networks and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, Application or Collective Content.
LICENSES GRANTED BY A10 NETWORKS TO A10 NETWORKS CONTENT
Subject to your compliance with the terms and conditions of these Terms, A10 Networks grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any A10 Networks Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or A10 Networks Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by A10 Networks or its licensors, except for the licenses and rights expressly granted in these Terms.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site or Services ("Feedback"). You may submit Feedback by contacting us or through the "Help" section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of A10 Networks and you hereby irrevocably assign to A10 Networks and agree to irrevocably assign to A10 Networks all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At A10 Networks' request and expense, you will execute documents and take such further acts as A10 Networks may reasonably request to assist A10 Networks to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You agree not to do any of the following:
- Use, display, mirror or frame the Site, or any individual element within the Site or Services, A10 Networks' name, any A10 Networks trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without A10 Networks' express written consent;
- Access, tamper with, or use non-public areas of the Site or Application, A10 Networks' computer systems, or the technical delivery systems of A10 Networks' providers;
- Attempt to probe, scan, or test the vulnerability of any A10 Networks system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by A10 Networks or any of A10 Networks' providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- Use any meta tags or other hidden text or metadata utilizing a A10 Networks trademark, logo URL or product name without A10 Networks' express written consent;
- Use the Site, Services, Application or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or A10 Networks Content;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
- A10 Networks will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. A10 Networks may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that A10 Networks has no obligation to monitor your access to or use of the Site, Services, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site, Services and Application, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. A10 Networks reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that A10 Networks, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site, Services or Application.
The Site, Services or Application may contain links to third-party websites or resources. You acknowledge and agree that A10 Networks is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by A10 Networks of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.
If you breach any of these Terms, A10 Networks will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. In the event A10 Networks terminates these Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending us an email.
THE SITE, SERVICES, APPLICATION AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, A10 NETWORKS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. A10 NETWORKS MAKES NO WARRANTY THAT THE SITE, SERVICES, APPLICATION OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. A10 NETWORKS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SITE, SERVICES OR APPLICATION OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, SERVICES OR APPLICATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM A10 NETWORKS OR THROUGH THE SITE, SERVICES, APPLICATION OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold A10 Networks, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, Application or Collective Content, or your violation of these Terms.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, APPLICATION AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER A10 NETWORKS NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, APPLICATION OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, APPLICATION OR COLLECTIVE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT A10 NETWORKS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL CLIENT'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, APPLICATION OR COLLECTIVE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO A10 NETWORKS FOR USE OF THE SITE, SERVICES, APPLICATION OR COLLECTIVE CONTENT, IF YOU ARE REGISTERED FOR PAID ACCOUNT, OR ONE HUNDRED DOLLARS ($100), IF YOU ARE NOT REGISTERED FOR AN ACCOUNT, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN A10 NETWORKS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of A10 Networks used herein are trademarks or registered trademarks of A10 Networks, Inc. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
CONTROLLING LAW AND JURISDICTION
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Site, Services, Application or Collective Content, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
These Terms constitute the entire and exclusive understanding and agreement between A10 Networks and you regarding the Site, Services and A10 Networks Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between A10 Networks and you regarding the Site, Services and A10 Networks.
You may not assign or transfer these Terms, by operation of law or otherwise, without A10 Networks' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. A10 Networks may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by A10 Networks via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of A10 Networks to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of A10 Networks. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
CONTACTING A10 NETWORKS
If you have any questions about these Terms, please contact A10 Networks at:
A10 Networks, Inc.
3 West Plumeria Drive
San Jose, California 95134
Tel: 408 325-8668