These terms apply to you ("Customer"), all customers and users of the Service ("Users") as well as to users of any related software ("Licensees") and supplement the terms of applicable agreements with Cisco Jasper, Inc. ("Jasper").
Jasper and DNA reserve the right, at its discretion, to modify these Terms of Service as they are generally and prospectively applied at any time by posting a web accessible notice to the Service or by other reasonable notice. Customer is responsible for all User activity in connection with the Service or Customer's account. Operators, equipment suppliers and customers (including their resellers) may have additional policies with respect to the use of the Service.
Jasper and DNA reserve the right to suspend use of the Service and related software for nonpayment, apparent device or application malfunctions and perceived violations of these Terms of Service.
As a condition to using the Service, each administrative User of the Service may be required to register with Jasper and select a unique password and user name ("User ID"). Operator or Customer shall ensure that each of such Users provides Jasper with accurate, complete, and updated registration information.
A User may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than such user without appropriate authorization.
Users will not use the Service or related software in any manner that (a) infringes the intellectual property or proprietary rights, rights of publicity or privacy or other proprietary rights of others, (b) violates any applicable law, statute, ordinance or regulation, including but not limited to laws and regulations related to export, spamming, privacy, consumer and child protection, obscenity or defamation, or (c) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or similarly offensive.
Users will not violate or attempt to violate the security of the Service, including, without limitation,
- Accessing data not intended for such User or logging into a server or account which such User is not authorized to access,
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
- Attempting to interfere with, disrupt or disable service to any User, host or network, including, without limitation, via means of overloading, "flooding", "mail-bombing" or "crashing",
- Forging any TCP/IP packet header or any part of the header information in any e-mail,
- Taking any action in order to obtain services to which such User is not entitled or
- Sending any virus, worm, Trojan horse or other harmful code or attachment. Violations of system or network security may result in civil or criminal liability. Jasper reserves the right to monitor the Service at any and all times to facilitate compliance with these Terms of Service but is not obligated to do so. Each User consents to the processing of information necessary to provide the Service at Jasper's data centers in the United States.
Jasper will provide the Service consistent with prevailing industry standards in a manner that endeavors to minimize errors and interruptions in the Service. Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Jasper or by third-party providers, or because of other causes beyond Jasper's reasonable control. Jasper does not warrant that USE OF the Service or related software will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Service or related sofware.
EXCEPT FOR THE FOREGOING, THE SERVICE AND RELATED SOFTWARE ARE PROVIDED "AS IS" AND JASPER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
In no event will Jasper (or its staff, affiliates and suppliers) be liable to USER for any direct, indirect, consequential, exemplary, special, or incidental damages in connection with the Service OR RELATED SOFTWARE, any Third-Party Internet Materials or use of the operator network.
USE OF THE SERVICE OR RELATED SOFTWARE IN CONNECTION WITH MEDICAL, EMERGENCY, ENVIRONMENTAL, MILITARY, AVIATION, NUCLEAR OR SIMILAR APPLICATIONS THAT REQUIRE FAIL-SAFE TECHNOLOGY IS not recommended BECAUSE THE SERVICE IS NOT DESIGNED OR INTENDED FOR THESE APPLICATIONS. All use of the service AND RELATED SOFTWARE is at user's own risk.
User and Licensee acknowledge that the Service (and related information provided) represents valuable proprietary information of Jasper and that unauthorized dissemination or use of this information is prohibited and could cause irreparable harm to Jasper. User and Licensee will hold such information in confidence, including the results of any evaluation, and will only use such information in connection with the Service. User and Licensee will not disclose such information to any person or entity that is not bound by these terms.
The three preceding sentences do not apply to information that:
- is or lawfully becomes a part of the public domain;
- was previously known without restriction on use or disclosure;
- is rightfully received from a third party;
- is independently developed;
- is approved for release by Jasper; or
- is disclosed in response to a valid order of a court or lawful request of governmental agency or as otherwise required by law, provided that User or Licensee first notifies Jasper and secures an appropriate protective order.
User will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Service or any technology related to the Service ("Technology", including documentation); modify, translate, or create derivative works based on the Service or Technology; or copy (except for reasonable archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service or Technology; use the Service or Technology for timesharing or service bureau purposes or otherwise for the benefit of a third party, except for authorized end users of customers in good standing; or remove any proprietary notices or labels with respect to the Service.
User and Licensee will not use the Service, related software or Technology or access it, as applicable, in order to build a competitive product or service, build a product or service using similar ideas, features, functions or graphics of the Service, or copy any ideas, features, functions or graphics of the Service. Jasper retains all rights in the Service, related software and Technology. To be clear, no express or implied license to any Jasper patents is conferred in connection with use of the Service and related software.
User and Licensee will indemnify DNA and Jasper (as well as their respective staff, affiliates and suppliers) from any claim by a third party (and all related liability, loss or expense, including attorneys' and experts' charges) that User's use of the Service or Licensee's use of the related software violates these Terms of Service (including the recommendation against use in fail safe conditions) or infringes the intellectual property rights of such third party and will defend such indemnitees at Jasper's request, provided that Jasper promptly notifies User or Licensee of the claim and reasonably cooperates in its defense at User's or Licensee's expense.