Silver Peak Systems - General Website Terms of Use

The following terms govern your use of this website, and any other Silver Peak Systems, Inc. website you may visit. If you do not accept these terms do not use the site. Please review this page from time to time since these terms may change. Your continued use of this site after any change indicates your acceptance of the new terms.

  1. Use of the Site

All material on the website such as graphics, text, images, software and other contents, in whole or in part (the "Content") are property of Silver Peak Systems or its customers, suppliers and partners, and are protected by copyright laws. You may view, copy, and reproduce the Content for non-commercial use within your organization (or if you are a Silver Peak Systems partner, for non-commercial use within your customer's organization). You must reproduce all copyright and other proprietary notices on any copy of the Content you make. Except as explicitly provided in these terms, no license or other right to the Content is granted by implication or otherwise, and all rights not specifically granted herein are reserved by Silver Peak Systems. The trademarks and service marks on this site are the property of Silver Peak Systems and its suppliers and partners. You may not use them without Silver Peak Systems' prior written consent. You may not "hack," deface or otherwise misuse the site or attempt to gain unauthorized access to restricted parts of the site or the technology used to create it. You may not link to any page(s) on this site, without Silver Peak Systems’ prior written consent.  If such consent is granted, please keep in mind that URLs may change without notice, and any links must be in full compliance with applicable laws. Silver Peak Systems may terminate your use of this site at any time, without notice, if you fail to adhere to these terms, or otherwise in Silver Peak Systems' sole discretion.

  1. Information We Collect

Certain parts of our site invite you to furnish personal information such as your name, email address, or other information. Please review our Privacy Policy to learn how we handle information we collect through this site. Other information you transmit or post to this site will be considered non-confidential and non-proprietary, and Silver Peak Systems will have no obligations with regard to this information. In addition, you are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material which would violate any law or regulation. Silver Peak Systems will not sell any personal information you provide but may provide your personal information to third party partners and service providers if doing so would comply with our Privacy Policy.

  1. Restricted Areas

Certain parts of our site are password-protected. You agree to furnish accurate information to obtain your password and to update that information as it changes. Protection of your password is your responsibility. By obtaining a password, you authorize us to honor instructions from any person using that password as if you had given the instructions. All actions taken by use of your password will be your responsibility. We reserve the right to cancel your password and remove your access to restricted areas in our sole discretion. While Silver Peak Systems uses security measures to protect your password and other personal information from unauthorized access, you are also responsible for protecting and securing your password.

The information you receive when visiting a restricted area of our site is confidential and proprietary information of Silver Peak Systems. Your use of Silver Peak Systems' confidential information is governed by the terms of any non-disclosure or confidentiality agreement between us, and by the terms contained on this website. If you download software from this site, including software updates, then they are provided to you pursuant to (i) the terms accompanying the file or (ii) if there are no terms with the file, the terms of the license agreement which accompanied the original product licensed to you which you are updating or (iii) in the absence of (i) and (ii), Silver Peak Systems' standard software license terms and conditions.

  1. Third Party Sites and Information

The site contains links to third party websites and information about third parties' products or services. These links and information are solely for your convenience and are not an endorsement or sponsorship by Silver Peak Systems of the contents of such websites or the products or services of third parties. You visit such third-party sites at your own risk and subject to their terms of use and privacy policies, if any.

  1. No Warranties

Silver Peak Systems attempts to place accurate and timely material on this website. However, the material may be out of date or may contain errors or omissions. Silver Peak Systems may change information about its products and services on this site at any time without notice, and this site may refer to products and services which are not available in your country. Please contact your local Silver Peak Systems sales representative for up to date and correct information on product and service availability.

The site and content are provided on an "as is" and "as available" basis, without any warranties of any kind. Silver peak systems and its suppliers disclaim all warranties of any kind, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement of proprietary rights and warranties arising from a course of dealing, usage or trade practice. No advice or information, whether oral or written, obtained from silver peak systems or elsewhere will create any warranty not expressly stated here.

  1. Silver Peak Systems' Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL SILVER PEAK SYSTEMS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THIS SITE AND ITS CONTENT, WHETHER OR NOT SILVER PEAK SYSTEMS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE YOUR USE OF THE SITE.

  1. Compliance with Laws; Export Controls

User access to this site is governed by all applicable federal, state, and local laws. All information on this site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. Access to certain products or technologies may be restricted in embargoed countries, for denied parties, for certain chemical, nuclear, or biological weapons manufacturers, and/or for military and government agencies based on applicable federal or governmental regulations.

  1. Federal Acquisition Regulations

The Content on this site is provided with "RESTRICTED RIGHTS". Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in Federal Acquisition Regulation FAR 52.227-19 "Commercial Computer Software License" and Defense Federal Acquisition Regulation Supplement DFAR 252.227-7015 "Technical Data: Commercial items."

  1. General

These terms are governed by the laws of the State of California, without respect to its conflict of law principles. Any action in connection with this site will be brought only in state or federal courts located in Santa Clara County, California, U.S.A., and both parties waive any objection to personal jurisdiction of and venue in such courts. Silver Peak Systems makes no representations that the Content is appropriate or available for use in any manner and in particular outside the United States; and access from territories where the Content is illegal is prohibited. If you choose to access this site from outside the United States, you do so at your own initiative and you are responsible for complying with all local laws.

If any provision of these terms is unenforceable, the other terms will remain in full force and effect. Any Failure or delay in enforcing our rights under these Website Terms and Conditions does not constitute a waiver of those rights.   Certain provisions of these terms may be superseded or extended by terms on specific pages of this site.