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Terms of use

These Terms and Conditions of Use (the "Terms of Use") apply to the Dynatrace web site located at www.dynatrace.com and all associated sites of Dynatrace, Inc., Dynatrace LLC and its subsidiaries (collectively, "Dynatrace") linked to www.dynatrace.com, including Dynatrace sites around the world (collectively, the "Site").

By using the Site or any services offered on or through the Site ("Services"), you agree to be bound by the Terms of Use and represent that you are at least 18 years of age. If you do not agree, do not use the Site or Services. We reserve the right to change the Terms of Use, including adding or removing portions of the Terms of Use, from time to time without notice. It is your responsibility to check these Terms of Use periodically for changes. Use of the Site or Services constitutes your consent to such changes. As long as you comply with these Terms of Use, Dynatrace grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Additional terms and conditions may apply to purchases of Services or use of certain features on the Site (such as, for example, participating in Dynatrace online community forums). If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or Service, the latter terms will control with respect to your use of that portion of the Site or the specific Service. If you have entered into a separate paid agreement with us for specific Services, then the terms of that agreement control if it conflicts with these Terms.

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.

You may use Information made available by us for download on the Site, within the limitations of these Terms of Use. You may not copy or post such information on any networked computer or broadcast it in any media. All copyright, trademark and other proprietary notices contained in the original materials must be retained on any copies of the materials. Names and logos identifying Dynatrace products are registered trademarks or trademarks of Dynatrace. All other company or product names are trademarks of their respective owners.

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.

Privacy

The Dynatrace Privacy Policy governs any of the personal information that you provide to us.

Account

Dynatrace’s obligations, if any, regarding its products and services are specified in the Terms of Service ("Agreement") under which they are provided. Nothing in these Terms of Use shall modify such Agreement.

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.

Dynatrace reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. Dynatrace reserves the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability. Violation of any of the Terms of Use will result in the termination of your account. If you believe your password or security for this Service has been breached in any way, you must immediately notify us.

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:

  • does not comply with these Terms of Use;
  • is illegal; or
  • is otherwise undesirable, inappropriate or inaccurate, including Your Content that
    • is Objectionable;
    • contains any viruses, time bombs, Trojan horses, worms or other computer programming routines that may damage or interfere with the operations of the Site;
    • is knowingly untrue, inaccurate or misleading.

"Objectionable" means any material that: (a) is defamatory, unlawful, or plagiarized; (b) a reasonable person would consider harassing, abusive, threatening, obscene, hateful, or racially/ethnically offensive; (c) constitutes a breach of any person's privacy or publicity rights; (d) violates any statute, regulation or ordinance; (e) promotes spam; or (f) has a primary purpose of advertising for commercial gain rather than informational content. Postings regarding transactions, pricing or terms are prohibited. The above list is not exclusive and are examples only.

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.

Dynatrace LLC
1601 Trapelo Road, #116 Waltham, MA 02451 USA
legalnotices@dynatrace.com

Updated as of July 31, 2019.

Copyright © 2019 Dynatrace LLC. All rights reserved. Unpublished rights reserved under the Copyright Laws of the United States.