BY USING THE CLOUDSHARE EVALUATION SERVICE, YOU INDICATE YOUR AGREEMENT WITH THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICE.
1. ACCEPTANCE OF TERMS
2. THE SERVICE
CloudShare shall make commercially reasonable efforts to ensure that the CloudShare site will be accessible and functional on a continuous basis, with the exception of scheduled maintenance periods. The foregoing notwithstanding, you acknowledge and agree that the Service may be inaccessible or inoperable at any time and for any reason, including without limitation due to equipment malfunctions, unscheduled maintenance or repairs, or causes that are beyond CloudShare reasonable control or not reasonably foreseeable by CloudShare, including without limitation interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
3. NON-COMMERCIAL USE ONLY AND NO RESALE OF SERVICES
Unless otherwise specified, the use of the Service is for your personal and non-commercial use only (and in no way for production use). You are not entitled to charge any fee or payment, in any form, from any third party for the use of the Service and/or in connection therewith. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Service, use of the Service, or access to the Service. Additionally, you are not entitled to use the Service by way of peer to peer use, allowing a group of computer users with the same networking program to connect with each other and directly access files from one another’s hard drives.
4. YOUR REGISTRATION OBLIGATIONS
If you submit registration information to us you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you register for certain Services you may receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CloudShare of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CloudShare will not be liable for any loss or damage arising from your failure to comply with your obligation to maintain your own security and privacy.
7. RESPONSIBILITY FOR CONTENT AND ADDITIONAL SOFTWARE
As part of the evaluation of a software product on the CloudShare site, you may be permitted to upload to the CloudShare site certain contents, for the purpose of evaluating the performance of such software with such contents. You acknowledge and agree that you, and not CloudShare, are entirely responsible for all content that you upload, post, e-mail or otherwise transmit via the Service. CloudShare will have no liability for any such contents, including without limitation the use or inability to use such contents with the software being evaluated, the performance of the software with such contents, or any loss or damage to such contents. CloudShare does not pre-screen or monitor or control the contents accessible via the Service and, as such, does not guarantee the accuracy, integrity, quality or lawfulness of such Content.
By uploading your contents you warrant and represent that you own or are authorized to exercise all of the rights to your contents necessary for you to upload and use the contents on the CloudShare’s site, and further warrant and represents that the contents and the display, access to and/or use of such contents does not infringe upon, misappropriate, or otherwise violate any intellectual property, proprietary, privacy or other rights of any third parties and you hereby grant CloudShare all rights necessary to host such contents in connection with the Service.
You understand that by using the Service you may be exposed to third party content that is offensive, indecent, objectionable or even hateful or obscene. Under no circumstances will CloudShare be liable in any way for any third party content, including but not limited to any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed or otherwise transmitted via the Service.
You agree that you must evaluate, and shall solely bear, all risks associated with use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
CloudShare may make certain third party software available for use in running some demonstration software on the Site, which software is Microsoft and any other software CloudShare may decide to make available for use. CloudShare shall not be responsible for providing any and all third party software and licenses needed for running the Demonstration Software.
By using the Microsoft software you agree to the terms and conditions of the End User License Terms of Microsoft, which terms can be found at www.microsoftvolumelicensing.com/userights/TechLimit.aspx
. You further agree not to: (i) remove, modify, or obscure any copyright, trademark, patent or other proprietary rights notices that are contained in or on any Microsoft products; (ii) use any Microsoft logos in any manner whatsoever; (iii) undertake any action that will interfere with or diminish Microsoft’s right, title and/or interest in the trademarks or tradenames; and (iv) reverse engineer, decompile, or disassemble the Microsoft products, except to the extent that such activity is expressly permitted by applicable law.
You acknowledge that the Microsoft products are not fault tolerant. The Microsoft products are neither designed nor intended for use in a situation where the Microsoft product’s failure could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). You are not licensed to use the Microsoft products in, or in conjunction with, High Risk Use. High Risk Use includes, for example: aircraft or other methods of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the U.S. Food, Drug, and Cosmetic Act.
It is further clarified that any open source software used in connection with any demonstration software, whether provided by, CloudShare, user or any third party, will be subject to all terms of the relevant open source license agreements or distribution models, including without limitation the GNU General Public License, the Artistic License, the Mozilla Public License, the Netscape Public License, the Sun Community Source License or the Sun Industry Source License, and/or the Apache Server License and you shall bear sole responsibility for any and all repercussions, loss or damage arising out of or in connection with incompliance with such relevant open source license agreements or distribution models.
8. COMPLIANCE WITH LAWS
By using the Service you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations that govern your use of such Service. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct and acceptable contents. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and to comply with any other local laws affecting the transmission or posting of your contents or affecting the privacy of persons. Further, you agree to comply with all applicable export or import laws of the United States and any other applicable country. You agree not to export the software or the user’s information to or allow access to the software or data from any country to which export or re-export is restricted or prohibited.
Your use of the Service is subject to timely payment of any applicable fees. CloudShare reserves the right to terminate your use of the Service in case of any failure on your part to timely pay any fees due by you to CloudShare.
Any payments by You that are not paid on or before the date such payments are due shall bear interest of one percent (1%) per month or the maximum permitted by law, whichever is less, plus all our reasonable expenses expended in collection of fees not paid when due.
11. MODIFICATIONS TO SERVICE
CloudShare reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CloudShare will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. RULES OF CONDUCT
You agree that you will not: (i) upload, post, e-mail or otherwise transmit any content that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially or ethnically inciteful; (ii) upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (including without limitation inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iii) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iv) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (v) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. (all, collectively, the “Rules of Conduct”).
Failure to comply with the Rules of Conduct may result in deletion of the offending content without prior notice and/or termination of your use of the Service.
In the event that your account is terminated for any reason whatsoever, you agree to immediately cease the use of the Service and of any and all third party software used or installed by you during the period your account was activated.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CloudShare will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
15. PROPRIETARY RIGHTS
You acknowledge and agree that the Service, and any know-how, methodologies, equipment, or processes used by CloudShare to provide the Service, including without limitation all patent, copyright, trade secret and other proprietary rights therein, are and shall remain the sole and exclusive property of CloudShare.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. CLOUDSHARE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. CLOUDSHARE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OR AS A RESULT OF OR IN CONNECTION WITH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN CONNECTION WITH THE SERVICE WILL BE CORRECTED.
17. LIMITATION OF LIABILITY
CLOUDSHARE SHALL IN NO WAY BE LIABLE TO YOU FOR THE RESULTS OF YOUR EVALUATION OF ANY SOFTWARE BY USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION FOR ANY DECISION TO PURCHASE OR NOT PURCHASE SUCH SOFTWARE, OR FOR ANY SATISFACTION OR NON-SATISFACTION WITH ANY SUCH PURCHASE AND/OR THE USE OF ANY PRODUCT, OR THE RESULTS OF THE USE OF ANY SUCH SOFTWARE.
18. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 15 and 16 may not apply to you.
19. CLOUDSHARE MARKS
“CloudShare” and other CloudShare logos and product and service names are trademarks of CloudShare (the “CloudShare Marks”). Without CloudShare prior permission, you agree not to display or use in any manner the CloudShare Marks.
21. GENERAL INFORMATION
You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
CloudShare performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CloudShare right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CloudShare web sites or information provided to or gathered by CloudShare with respect to such use.
22. USER DAYS & USER DISTINCTIONS
I. CloudShare Enterprise Agreements may include allotments of consumption based “User Days”, defined in quotes as “Administrator Days”, “End User Days”, “Trainer Days”, “Student Days”, “Vendor Days”, or “Customer Days”. These “Days” are calculated by totaling the distinct users who have launched or accessed CloudShare virtual machines on distinct days.
Example of users who have launched or accessed CloudShare virtual machines:
(1) An administrator, sales engineer or trainer accesses a running environment and does not share it to a student or other end user. Since this user launched the CloudShare virtual machine, the total would be one distinct user on one day, or one “User Day.” (2) A user joins another user in the same CloudShare virtual machine. Since both users have accessed CloudShare virtual machines for one day each, the total would be two distinct users on one day, or two “User Days.” (3) A user launches an environment for automated testing but never accesses the machine directly. Since the user launched the CloudShare virtual machine, the total would be one distinct user on one day, or one “User Day.” (4) A student or demo recipient logs into a machine launched via the CloudShare API on a website portal. Since the user launched the CloudShare virtual machine, the total would be one distinct user on one day, or one “User Day.”
Users who have not launched or accessed any virtual machines are not counted in “User Days”.
(1) A user who edits an environment policy, checks on their subscription, or assigns new users without launching or accessing any CloudShare virtual machines has not consumed a “User Day.” (2) A user who is sent an external invitation, but who does not launch or access a CloudShare virtual machine has not consumed a “User Day.”
II. CloudShare Enterprise Agreements may distinguish between users who are “Administrators” & “End Users”, “Trainers” & “Students” , or “Vendors” & “Customers.”
(1) Administrators, Trainers and Vendors are CloudShare users: “CloudShare users” have access rights allowing them to create environments, control policies or invite others to environments or classes. These privileges are not granted to End Users or Students. (2) End Users, Students, or Customers are external users: External users can access CloudShare only by accepting a classroom invitation or end user invitations. They cannot create environments without such an invitation, and cannot alter their environment policies or invite new users to CloudShare.