GIGAMON SITES TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITES.

1.       ACCEPTANCE OF TERMS

These Terms of Use, which include our Privacy Policy (“Terms”) state the terms and conditions under which you may interact with our websites, including without limitation any of our sites related to our Gigamon Community (“Sites”).

By accessing, browsing and/or using any of the Sites you acknowledge that you have read, understood and agree to be legally bound by these Terms. If you do not accept these Terms (and therefore do not agree to be bound by these Terms), do not use any of the Sites. We reserve the right to amend these Terms at any time by posting the amended terms on our Sites. You should therefore check this page and our Privacy Policy regularly. Your use of any of our Sites following any such change constitutes your agreement to follow and be bound by the Terms as changed.

Please note that except for our Privacy Policy, the terms and conditions governing the use of commercial products and services (“Gigamon Offerings”) is subject to separate agreements between our Customers and Gigamon.

2.       INTELLECTUAL PROPERTY RIGHTS

Except where otherwise noted, all material, content, data, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, and any other information on the Sites, including all design, organization and all database rights therein, as well as the selection and arrangement thereof are owned by Gigamon or by entities or individuals other than Gigamon and are legally protected under intellectual property laws (“Content”).  You may not copy or use any Content or Submissions (as defined below) in any way unless prior written consent is obtained from Gigamon or the owner or in accordance with the rights granted in Section 4 (Acceptable Use) below.  You may not use contact information on the Sites for unauthorized purposes, including marketing.

The product names and trademarks on the Sites are the registered and/or unregistered marks of Gigamon or its licensors (“Trademarks”). You may not use any of the Trademarks other than as expressly provided in Section 4 (Acceptable Use) below.

3.       COPYRIGHT COMPLAINTS

We respect the rights of the intellectual property of others, and we ask users of our Sites to do the same. We may, in appropriate circumstances and in our discretion, take steps to disable and/or terminate access to any of our Sites if we believe have intellectual property rights have been infringed.

If you believe in good faith that your copyrighted work has been reproduced on the Sites without authorization in a way that constitutes copyright infringement, you or a person authorized to act on your behalf may notify our designated agent:

Legal Department
Gigamon Inc.
3300 Olcott Street
Santa Clara, CA 95054
By phone: 408-831-4000
By email: legal@gigamon.com

Pursuant to United States copyright law, your notice must include the following information:

a.       A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that you allege is being infringed;

b.       Identification of the copyrighted works you claim has been infringed;

c.       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

d.       Your contact information, including address, telephone number, and, if available, email address;

e.       A statement that you have 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.

f.        A statement made under penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right under the Copyright Act that is allegedly infringed.

4.       ACCEPTABLE USE

We grant you a personal, revocable, nonexclusive, nontransferable and limited license and right solely in connection with your direct personal, non-commercial use to: (a) access and use our Content and our Sites, and (b) access, interact and post Submissions (as defined in User Content Section below) and interact with other users through our Sites.  You represent, warrant and agree that you will not use any of our Content or Sites, Submissions or any other materials for any purpose or in any manner that is prohibited by these Terms or by applicable law.

Without limitation, you may not do the following: (a) send unsolicited commercial email to the email addresses provided on the Sites or contact Gigamon, its affiliates, or any other users for any marketing purposes; (b) post or transmit to or from the Sites any confidential, proprietary, false, unlawful, defamatory, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable or that would violate any applicable law or violate or infringe upon the rights of any other person; (c) contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam,” (d) disrupt, interfere or attempt to interfere with the proper functioning of the Sites or the operations of Gigamon, (e) engage in behavior on our Sites that constitutes or encourages a criminal offense, violates the rights of any party or otherwise gives rise to liability or violate any law; or (f) frame, mirror or display the contents of any part of any Website within any materials not originated by Gigamon.

5.       USER-PROVIDED CONTENT AND SUBMISSIONS

We welcome your feedback and suggestions about how to improve our Sites and well as any other materials or content that you may provide to us.  You shall retain ownership of any ideas, suggestions, information, know-how, photographs, videos, images, materials or any other material or content that you provide to us, including any feedback about our Sites, products or services, including any potential errors, enhancements and improvements (“Submissions”) and all Submissions shall be deemed to include a royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license for Gigamon, our affiliates, and each user of our Sites to access, use, publish, reproduce, disseminate, transmit, distribute, copy, create derivative works of, display (in whole or in part) and otherwise exploit the Submission without additional approval or consideration, in any form, in any media or technology now existing or later developed anywhere in the world for the full term of any rights that may exist, and you hereby affirmatively waive all claims to the contrary. This license includes rights to grant the general public the right to use your Submission in accordance with these Terms.  No compensation will be paid with respect to the use of your Submissions.  We have no obligation to accept or use any such materials or content nor do we have any obligation to keep it confidential, and we reserve the right to remove any Submission at any time.

You grant Gigamon and our affiliates the right to use the name and email address you submit in connection with submissions (including, by way of example, responding to your posts or replies), if we so choose. All personal information provided through the Sites and Gigamon Offerings shall be handled in accordance with the Gigamon Privacy Policy.

6.       THIRD PARTY INFORMATION AND LINKS TO OTHER SITES

Our site may contain links to other resources and sites on the internet. Gigamon has no control over such sites or resources and the content of these linked sites are the sole responsibility of such sites and their contributing authors. In the event that you purchase products and services though our Sites that are provided by third parties, such third parties are solely responsible for the quality and delivery of their products and services and Gigamon has no control over the quality or timing of delivery. Gigamon provides such links for convenience only, and does not endorse any product or service linked to or referenced in our website. If you choose to access a third party website linked or listed on any of our Sites or order any products or services from such third party you do so entirely at your own risk.

Our Sites may also contain information provided by third parties, including Submissions from other users. Whenever possible, such information is marked with the name of the source and does not necessarily represent the opinion of Gigamon.

You may freely link to Gigamon’s Site homepages, although we reserve the right to rescind our consent to any such reference in our sole discretion, and to take any legal action we deem appropriate.  You may not link to any of our internal or embedded pages without our consent.

7.       ADDITIONAL TERMS FOR THE GIGAMON COMMUNITY

The Gigamon Community (the “Gigamon Community”) is an interactive portal intended to provide Gigamon users, guests and customers to access and share knowledge to help them understand how to use, operate, and optimize Gigamon products and solutions, and to allows users and customers to collaborate with each other and with Gigamon employees and partners.   In order to access portions of the Gigamon Community, you may be required to create an account with us, and you may also be required to agree to additional terms and conditions at the time you create your account.  To create an account, you must provide your name, email address, other registration information, and select a password, and you may be required to provide a secondary means to authenticate your identity, such as a phone number or other tool (“Account Information”).  If you are joining the Gigamon Community through your work, you will be required to use your work email address.  

Please keep your Account Information confidential, and do not share your Account Information with any third parties.  In becoming a Gigamon Community member, you represent and warrant that: (a) all required Account Information you submit is truthful and accurate, and (b) you will maintain the accuracy of such Account Information.  If someone accesses our services using your Account Information, we will rely on that Account Information and will assume that it is really you or someone you have authorized who is accessing the Sites. You are solely responsible for any and all use of your Account Information and all activities that occur under or in connection with your Account Information. We reserve the right to take whatever action we deem necessary to preserve the security of the Sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the Sites under your account.  You may not use anyone else’s account at any time without the permission of the account holder. Please notify us immediately if you become aware that your account Information is being used without authorization. You agree not to register for more than one account, register for an account on behalf of an individual other than yourself without such individual’s authorization, or register for an account on behalf of any group or entity. You must be at least 18 years old to participate in Gigamon Community and use our Sites.

8.       USE OF PERSONALLY IDENTIFIABLE INFORMATION

Your privacy is important to us. Our use of your information is governed by our Privacy Policy. Please read it carefully since it is describes how we collect and use information we obtain from you.

9.       DISCLAIMER OF WARRANTIES

All Content, Submissions, posts, articles and messages that appear in our Sites, including those provided by Gigamon, are provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting other sources of information.  We are not responsible if information made available on our Sites, including in the Gigamon Community, is not accurate, complete or current.   We reserve the right to modify the Content of our Sites at any time, but we have no obligation to update any information on our Sites.  Statements or opinions expressed by others reflect the views of each such individual and do not necessarily reflect the views or any official policy of Gigamon.

THE SITES AND ALL CONTENT AND SUBMISSIONS AND OTHER INFORMATION PROVIDED ON OR THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GIGAMON AND ITS AFFILIATES AND ALL OF THEIR RESPECTIVE LICENSORS, SHAREHOLDERS, PARTNERS, PROPRIETORS, OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, REPRESENTATIVES, AGENTS, PREDECESSORS, SUCCESSORS AND/OR ASSIGNS (COLLECTIVELY THE “THE GIGAMON PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY RESULTS OBTAINED FROM THE SITES WILL BE CORRECT, ACCURATE, RELIABLE OR OTHERWISE.

10.       ASSUMPTION OF RISK

YOUR USE OF THE SITES IS AT YOUR OWN RISK, AND YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE CONTENT, SUBMISSIONS, THE SITES OR OTHER INFORMATION PROVIDED ON OR THROUGH THE SITES AND YOUR USE AND THE PERFORMANCE THEREOF, WHETHER PROVIDED BY GIGAMON OR THIRD PARTIES, IS ASSUMED ENTIRELY AND SOLELY BY YOU.

11.   LIMITATION OF LIABILITY

IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, SECURITY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT OR SUBMISSIONS AVAILABLE THROUGH THE SITES. IN NO EVENT SHALL ANY OF THE GIGAMON PARTIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, SUBMISSIONS, SITES, OR OTHER INFORMATION PROVIDED ON OR THROUGH THE SITES OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY ARISING OUT OF OR ALLEGED TO ARISE OR BE CAUSED BY OR IN CONNECTION WITH, BUT NOT LIMITED TO:  (A) YOUR USE OF THE CONTENT, SUBMISSIONS OR SITES OR ANY INFORMATION PROVIDED ON OR THROUGH THE SITES, OR RELIANCE THEREON OR ANY INFORMATION USED OR COLLECTED ABOUT YOU ON OR THROUGH THE SITES, OR (B) ANY LINK YOU ACCESS THROUGH THE SITES, (C) FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, (D) THE DELAY OR INABILITY TO USE THE SITES, (E) FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES, OR (F) GIGAMON’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITES, (G) OTHERWISE ARISING OUT OF THE USE OF THE SITES OR THE COMMUNITY, (H) THE USE OF OR RELIANCE ON ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES, (I) ANY INACCURACY, ERROR, OR DELAY IN, OR OMISSION OF ANY INFORMATION OR THE TRANSMISSION OR DELIVERY OF INFORMATION, AND ANY LOSS OR DAMAGE ARISING THEREFROM, (J) ANY NEGLIGENCE OF GIGAMON OR ITS AFFILIATES, AGENTS, OR USERS, (K) ANY FORCE MAJEURE EVENT, UNAUTHORIZED ACCESS OR THEFT, OPERATOR ERRORS, COMMUNICATIONS OR SYSTEMS FAILURES OR ANY EVENT OUTSIDE OF THE CONTROL OF GIGAMON; (L) ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SITES OR SERVICES; OR (M) ANY OTHER MATTER RELATING TO THE SITES OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, IN SUCH JURISDICTIONS THE GIGAMON PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED ONE THOUSAND DOLLARS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR SITES IS TO STOP USING SUCH SITES.

12.   INDEMNIFICATION

You agree to defend the Gigamon Parties against all claims, proceedings, demands, or actions arising from or relating to your use of the Content, Submissions, Sites, or other information provided on or through the Sites  or these Terms or your breach of these Terms (each a “Claim”) and you shall indemnify and hold Gigamon Parties harmless from and against any expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us, at our request, in the defense of any such Claim.

13.   TERMINATION

We reserve the right in our sole discretion to terminate or restrict your access to and use of the Sites, or any part of the Sites, without notice and for any and all reasons, and without any liability whatsoever to you or any third party. You may terminate your acceptance of your agreement with us by discontinuing any further use of our Sites. Upon any termination of these Terms by either you or us, you must promptly destroy all materials downloaded from any Website, as well as copies of such materials, whether made under the terms of these Terms or otherwise.

14.   COMPLIANCE WITH APPLICABLE LAWS; EXPORT CONTROL LAWS

Your access to this Website is governed by all applicable federal, state, and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

15.   GOVERNING LAW

These Terms and the relationship between you and Gigamon shall be governed by the law of the State of California and those of the United States without regard to any conflict of law rules. You and Gigamon agree to submit to the exclusive and personal jurisdiction and venue for any dispute in the state and Federal courts sitting in the County of Santa Clara, California, USA. Any cause of action you may have with respect to the Sites or these Terms must be commenced within one (1) year after the claim or cause of action arose, unless otherwise prohibited by law.

16.   WAIVER

In the event that any portion of the Terms is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Terms shall remain in full force and effect. No waiver of any term of our Terms shall be deemed a continuing waiver of such term or any other term. The failure of Gigamon to enforce your strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.

17.   ENTIRE AGREEMENT

These Terms, together with our Privacy Policy which is incorporated by reference, constitute the entire agreement between you and Gigamon and your use of our Sites and supersede any prior understanding or agreements (written or oral).

18.   CONTACT INFORMATION

Please direct all questions and comments to:

Gigamon Inc.

3300 Olcott Street, Santa Clara, CA 95054

GIGAMON COMMUNITY - Email:community@gigamon.com 

(408) 831-4000