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WEBSITE USE TERMS AND CONDITIONS
Brocade Communications Systems, Inc.
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Terms and Conditions
The materials on this website (the “Site”) are provided by Brocade Communications Systems, Inc. (“Brocade”) as a service to its customers and partners and may be used for informational purposes only. The Terms and Conditions set forth below apply to all visitors to or users of this Site. By accessing this Site or downloading any materials from this Site, you agree to be bound by these rules and regulations. If you do not agree to them, do not use the site or download any materials from it. No portion of this Site may be reproduced in any form, or by any means, without prior written permission from Brocade Systems, Inc.
Brocade hereby grants you a license under Brocade copyrights to (1) download one copy of the information or software (“Materials”) found on the Site on to a single computer for your personal, non-commercial internal use in support of the use or marketing of Brocade products or, (2) if you have a pre-existing business relationship with Brocade, you may download Materials for use in the furtherance of, and subject to the terms and conditions of, the provisions of your separate written agreement with Brocade. Additionally, some Materials may be made available only subject to certain additional license terms which may accompany or are provided with such Materials, and your download and use of those Materials will be subject to those additional terms and conditions. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. Further, you agree to prevent any unauthorized copying of the Materials and you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original.
ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT AND, WHERE APPLICABLE, OTHER INTELLECTUAL PROPERTY RIGHTS. EXCEPT AS EXPRESSLY SPECIFIED ABOVE, NO PORTION OF THE INFORMATION ON THIS SITE MAY BE REPRODUCED MODIFIED, PUBLISHED, UPLOADED, POSTED, TRANSMITTED, OR DISTRIBUTED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM BROCADE, AND NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS CONFERRING BY IMPLICATION, ESTOPPEL OR OTHERWISE ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK OR COPYRIGHT OF BROCADE OR ANY THIRD PARTY.
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ADX, BigIron, Brocade, the Brocade B-wing symbol, Brocade Assurance, Brocade One, CloudPlex, DCFM, DCX, EdgeIron, Effortless Networking, Extraordinary Networks, Fabric OS, FastIron, File Lifecycle Manager, Foundry, Foundry Networks, FoundryPress, Foundry Gear Logo, HyperEdge, ICX, IronPoint, IronView, IronShield, IronWare, JetCore, McDATA, MLX, MyBrocade, MyView, NetIron, NET Health, OpenScript, SAN Health, SecureIron, ServerIron, SilkWorm, StorageX, Tapestry, The Effortless Network, The On-Demand Data Center, The Power of Performance, TurboIron, TrafficWorks, VCS, VDX, VersaScale, Vplane, Vyatta, Web Tools, When the Mission Is Critical, the Network Is Brocade, and Wingspan.
Any comments, information or other materials of any kind whatsoever posted to this Site or transmitted to Brocade such as questions, comments, suggestions, or the like regarding Brocade Products, this Site and the Materials and other information discussed on this Site, or any other products or programs of Brocade (“Feedback”) will be considered non-confidential and non-proprietary unless expressly agreed otherwise in writing by Brocade prior to your submission. Brocade shall have no obligations to you with regard to its use or disclosure of such Feedback, and Brocade shall be free to use, reproduce, prepare derivative works of, perform, display and distribute the Comments, including any ideas, concepts, know-how or techniques contained in such Feedback, for any and all purposes without limitation, and to authorize others to do so as well. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Although Brocade has attempted to provide accurate information on the Site, Brocade assumes no responsibility for the accuracy of any such information. ALL INFORMATION AND OTHER MATERIALS PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. ADDITIONALLY, IN NO EVENT SHALL BROCADE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOSS OF USE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, AND IRRESPECTIVE OF WHETHER SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
Brocade and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. Brocade may make changes to these materials, or to the products described therein, at any time without notice. Brocade makes no commitment to update the Materials. Mention of non-Brocade products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
Links to Third Party Sites
This Site may contain links to third party sites. Brocade provides these links merely as a convenience to you, and inclusion of such links does in no way implies an endorsement of the linked site or the products and services referenced on that site. The linked sites are not under the control of Brocade, and Brocade is not responsible for the accuracy or reliability of any information, opinions, advice or statements made on these linked sites. Access to any of these linked is at the user's own risk.
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Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Some of the information on this Site may contain projections or other forward-looking statements regarding future events or the future financial performance of the Company. We wish to caution you that these statements are only predictions and that actual events or results may differ materially. We refer you to the documents Brocade files from time to time with the Securities and Exchange Commission, specifically, the most recent Brocade Form 10-K and Form 10-Q. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements, including, among others, quarterly fluctuations in our revenues and operating results; our failure to manage expansion effectively; our ability to develop new and enhanced products that achieve widespread market acceptance; our failure to adequately anticipate future end-user product needs or to accurately forecast end-user demand; risks associated with increased international sales activity; our dependence on OEM customers; our failure to expend distribution channels or to manage distribution relationships; adverse changes in our relationship with Solectron Corporation, the sole manufacturer of our products; our dependence on sole source and limited source suppliers for certain key components including ASICs and power supplies. Brocade expressly assumes no obligation to update any such forward-looking statements.
All Brocade products and publications are commercial in nature. Use duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19 or successor provisions regarding government use of commercial software.
This site is controlled by Brocade from its offices within the United States of America. Brocade makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.
Brocade shall have the right to terminate the license granted to you to use, interact with, download and use the Site and Materials available from this Site at any time if you are found to be in breach of these terms and conditions, and reserves the right to seek all remedies available by law and in equity for such violations. Upon termination, you will immediately destroy any Materials in your possession or control.
Brocade reserves the right to change these terms and conditions at any time without notice by altering or updating this posting. Some of the Material available on this Site (e.g. software downloadable from this Site) may be superseded by expressly designated legal notices or terms located on particular pages at this Site. Any claim relating to the Materials shall be governed by the internal substantive laws of the State of California.
Last updated on June 15, 2015