Content The contents of the Site and Services, including all material, products, processes, technologies, images and graphics and information related to our products and services provided by this Site, including without limitation, any Dynatrace product or service plan, software programs, software code, offerings, programs, white papers, data sheets, knowledge base materials or other technical or marketing materials (collectively "Information"), are subject to intellectual property rights reserved by Dynatrace, or its licensors, and are for informational and non-commercial or personal use only. The Site may contain hyperlinks to other websites that are controlled by third parties. Dynatrace is not responsible for and does not endorse the contents or use of these websites. Your use of those third-party sites is subject to the terms and conditions of those sites and not these Terms.
Unauthorized use of any content from this Site may violate copyright, patent and trademark and trade dress laws, and other intellectual property rights and unfair competition laws.
Forward-Looking Statements This Site contains express or implied forward-looking statements, which are based on current expectations of management. These statements relate to, among other things, our expectations regarding management’s plans, objectives, and strategies. These statements are neither promises nor guarantees but are subject to a variety of risks and uncertainties, including scientific, business, economic and financial factors, many of which are beyond our control, and which could cause actual results to differ materially from those contemplated in these forward-looking statements. Dynatrace assumes no obligation to update any forward-looking statements appearing on this website in the event of changing circumstances or otherwise, and such statements are current only as of the date they are made.
Updates Dynatrace may make improvements and/or changes to this website at any time. Although we attempt to periodically update information on this website, the information, materials and services provided on or through this website may occasionally be inaccurate, incomplete or out of date. Dynatrace does not have a duty to update information contained in this website, and Dynatrace will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or currency of any information on this website, and we undertake no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this website before relying upon it.
You must provide your legal full name, a valid email address, and any other information reasonably requested by Dynatrace to open an account. You are responsible for maintaining the security of your account and its password. You are responsible for maintaining all equipment and services needed for access to and use of the Service as well as paying related charges. Your login must not be shared between multiple persons. You may create a separate login for each user authorized to work with Dynatrace. Dynatrace will not be liable for any loss or damage if you do not comply. You may not use the Service for illegal or unauthorized purposes. By using the Service, you must not violate any laws in your jurisdiction, e.g. violating privacy laws or violating PCI DSS compliance by recording credit card numbers.
Your Content Dynatrace may provide you with the capability of posting certain data, text, sound, photographs, graphics, video, messages and other materials ("Your Content"). By posting Your Content you agree that you are solely responsible for the origination, accuracy, completeness, ownership, publication and dissemination of Your Content and shall be responsible for obtaining and maintaining all applicable rights, licenses, permissions, releases, approvals, clearances, credit, or attribution information relating to Your Content and paying any applicable royalties or fees in connection therewith. You acknowledge that all postings submitted by you are public communications and are therefore non-confidential. As between you and Dynatrace, all intellectual property rights in Your Content, including but not limited to all patent, copyright, trade secret, trademark, or other intellectual property rights therein, shall remain your exclusive property. Notwithstanding the foregoing, by submitting or otherwise making Your Content available for display on the Site, you grant Dynatrace a royalty-free, world-wide, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such Your Content in any format and in any medium as Dynatrace may choose. Dynatrace does not endorse and assumes no obligation to monitor or filter any Your Content posted, or otherwise made available on the Site. Dynatrace reserves the right, but assumes no obligation, to refuse or remove any of Your Content. Dynatrace may take any reasonable action it deems necessary or appropriate, in regards to Your Content that:
You further agree that you will not:
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; breach or attempt to breach the security of software, network, servers, data, computers or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Site or Services. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
Dynatrace is not responsible for any failure, non-failure or delay in refusing, editing or removing such Your Content.
Disclaimer Your use of this Site is at your own risk. All Services, software and all updates or new versions that may be made available by Dynatrace are provided subject to the additional terms, conditions and restrictions indicated in the appropriate contract. All Information provided on the Site is intended for informational purposes only. The documents and related graphics published on this Site could include technical inaccuracies or typographical errors and Dynatrace assumes no responsibility for accuracy or completeness of the Information. Changes are periodically made to the Information and Dynatrace may make additions, improvements or changes at any time without notice.
THIS SITE AND ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability Except where prohibited by law, in no event will Dynatrace be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Dynatrace has been advised of the possibility of such damages.
Dynatrace’s liability to you for all claims related to the Services or the Site will at all times be limited to the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid through the Site in the six months prior to the date of the initial claim made against us (but not including the purchase price for any Dynatrace software products or any related support program purchased under a separate Agreement), or (2) US$100.00. Some jurisdictions do not allow the types of limitations in this paragraph, so they may not apply to you.
EXCEPT AS EXPRESSLY SPECIFIED ABOVE, DYNATRACE DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THIS SITE OR THE INFORMATION PROVIDED HEREIN.
Indemnity You agree to indemnify and hold Dynatrace, its officers, directors, predecessors, successors in interest, employees, agents, parents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Dynatrace by any third party due to or arising out of or in connection with your use of the Site.
U.S. Government Restricted Rights Legend The Information is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions set forth in (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19, or its successor provisions, as applicable. Contractor/manufacturer is Dynatrace LLC, 1601 Trapelo Road # 116, Waltham, MA 02451 USA.
Export You may not use or export or re-export any product or service offered on the Site, or any software or technical data on this Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. In particular, you agree not to export, re-export or provide software or technical data:
to a national or resident of: Cuba, Iran, N. Korea, Sudan, Syria, the Crimea Region of the Ukraine, or to any other country embargoed or restricted by the U.S. to anyone on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Department of Treasury’s Specially Designated Nationals Lists, or to any person or entity who has been prohibited from participating in U.S. export transactions by any agency of the U.S. Government. The above lists are subject to change, and you must comply with the proscribed lists as they exist.
You also agree not to download, transfer, export or re-export Dynatrace products, technology or software to yourself, your customers or any intermediate entity in the chain of supply if Dynatrace products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses, without obtaining prior authorization from the U.S. Government. If you use this Site outside the United States of America, you are also responsible for complying with applicable local laws.
Governing Law and Jurisdiction You agree that any legal action, proceeding or other matter related to your access to, or use of, the Site or the Information it contains shall be governed by US federal law or the laws of the State of Delaware, without giving effect to any principles of conflicts of laws.
Contact/Address for Legal Notices Dynatrace LLC 1601 Trapelo Road, #116 Waltham, MA 02451 USA firstname.lastname@example.org
Updated as of July 31, 2019.
Copyright © 2019 Dynatrace LLC. All rights reserved. Unpublished rights reserved under the Copyright Laws of the United States.
Authorised Users means those employees, agents and independent contractors of the Customer who are authorised by the Customer to use the Services and the Documentation.
Customer means the person or business which purchases the Services from the Operator.
Customer Data means the data inputted by the Customer, Authorised Users, the Operator or HeySummit on the Customer's behalf for the purpose of using the Services or facilitating the Customer's use of the Services including blog posts of the Customer posted on the Customers website.
Documentation means the HeySummit documentation made available to the Customer online via https://heysummit.com/ or such other web address notified by Operator or HeySummit to the Customer from time to time which sets out a description of the Services and the user instructions for the Services.
HeySummit means Hey Summit Ltd registered at 71–75 Shelton Street Covent Garden London WC2H 9JQ under company number 11538852.
HeySummit Marks means any trademarks, service marks, service or trade names, logos, and other designations of HeySummit and its affiliates that we may make available to you in connection with this Agreement.
Operator means the HeySummit customer from whom the Customer has purchased the Services.
Platform means the digital resource provided by HeySummit to the Operator to allow the Operator’s Customers to run and participate in online summits.
Services means provision of the Hey Summit Platform.
Software means the online software applications provided by HeySummit as part of the Services.
User Subscriptions means the user subscriptions purchased by the Customer which entitle Authorised Users to access and use the Services and the Documentation in accordance with these terms.
Virus means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
2.1. Subject to the Customer purchasing User Subscriptions, the restrictions set out in this clause 2 and the other terms and conditions of these terms, HeySummit hereby grants to the Customer a non-exclusive, non-transferable right, without the right to grant sublicences, to permit the Authorised Users to use the Services and the Documentation during the Subscription Term solely for the Customer's internal business operations.
2.2. In relation to the Authorised Users, the Customer undertakes that:
2.2.1. the maximum number of Authorised Users that it authorises to access and use the Services and the Documentation shall not exceed the number of User Subscriptions it has purchased from time to time;
2.2.2. it will not allow or suffer any User Subscription to be used by more than one individual Authorised User unless it has been reassigned in its entirety to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access or use the Services and/or Documentation;
2.2.3. each Authorised User shall keep a secure password for his use of the Services and Documentation, that such password shall be changed no less frequently than monthly and that each Authorised User shall keep his password confidential.
3.1. The Customer shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that:
3.1.1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
3.1.2. facilitates illegal activity;
3.1.3. depicts sexually explicit images;
3.1.4. promotes unlawful violence;
3.1.5. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
3.1.6. is otherwise illegal or causes damage or injury to any person or property; and HeySummit reserves the right, without liability or prejudice to its other rights to the Customer, to disable the Customer's access to any material that breaches the provisions of this clause. HeySummit is not obliged to remove or recognise such content contained in any material or Customer Data and the Customer shall be fully liable for the same.
3.2. The Customer shall be responsible for ensuring that content of the Customer Data is satisfactory for publication to Third Party Social Sites and is in compliance with clause 3.3 above.
3.3. The Customer shall indemnify HeySummit against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by HeySummit arising out of or in connection actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with publication of the Customer Data.
3.4. The Customer shall not, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these terms:
3.4.1 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) in any form or media or by any means; or
3.4.2 attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
3.4.3 access all or any part of the Services and Documentation in order to build a product or service which competes with the Services and/or the Documentation; or
3.4.4 use the Software, Services and/or Documentation to provide services to third parties; or
3.4.5 license, sell, rent, lease, transfer, assign, distribute or otherwise commercially exploit Services and/or Documentation except as permitted under the Agreement.
3.4.6 attempt to obtain, or assist third parties in obtaining, access to the Services and/or Documentation, other than as provided under this clause 3; and
3.5. The Customer shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify HeySummit.
3.6. The rights provided under this clause 3 are granted to the Customer only, and shall not be considered granted to any subsidiary or holding company of the Customer.
4.1. The Customer acknowledges and agrees that HeySummit and/or its licensors own all intellectual property rights in the Services, Software and the Documentation. Except as expressly stated herein, the Customer is not granted any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documentation.
4.2 All licenses granted to the Customer are conditional on the Customer’s continued compliance with these terms, and will immediately and automatically terminate if the Customer does not comply with any term or condition of this Agreement. During and after the Subscription Term, the Customer will not assert, nor will the Customer authorize, assist, or encourage any third party to assert, against us or any of HeySummit’s affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Services, Software or Documentation The Customer is not allowed to use HeySummit Marks without prior written consent from HeySummit.
4.3. HeySummit confirms that it has all the rights in relation to the Services and the Documentation that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of these terms.
These terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or its subject matter or formation (including non-contractual disputes or claims).