BMC

Copyright Statement and Terms of Use

ATTENTION: PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING WWW.BMC.COM (THIS "WEB SITE"). YOUR USE OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS COPYRIGHT STATEMENT AND TERMS OF USE (COLLECTIVELY, "TERMS OF USE"). IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEB SITE.

BMC Software reserves the right to modify these Terms of Use without notice and any modifications are effective when they are posted here. BMC Software may, at any time, in its discretion terminate your access to this Web Site. Access to the Web Site may be monitored by BMC Software. If you are accessing this Web Site as a representative of an organization, these Terms of Use bind both you individually and the organization and references to "you" and "your" shall be construed to apply to you individually and the organization.

While BMC Software maintains copyright protection in all materials, information and publications (collectively, "Web Site Information") it places on this Web Site, BMC Software consents to normal downloading, copying and distribution of the information for non-commercial purposes by you or within your organization only. In consideration of this consent, you agree that copies of the Web Site Information will retain all copyright and other proprietary notices and that you will not modify the Web Site Information in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any Web Site Information, in whole or in part, without the prior written consent of BMC Software.

As a condition of your use of this Web Site, you will not use the Web Site or the Web Site Information for any purpose that is unlawful or prohibited by these Terms of Use. You will not use this Web Site in any manner that could damage, disable, overload or impair the operation of this Web Site or use by third parties.

Certain restricted product information is available on this Web Site only to licensed customers of BMC Software that are registered to receive information via passwords issued by BMC Software. This restricted information is considered confidential and proprietary information of BMC Software. If you are a registered customer or a representative of a registered customer, BMC Software authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within the customer organization, and only for the intended purposes authorized by BMC Software. Issuance of a registration password is conditioned on the customer's use of the information in accordance with the terms of their license, product or service agreement with BMC Software. You shall not transfer your password to unauthorized parties. You will immediately notify BMC Software of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain unauthorized access to any Web Site Information or area within this Web Site.

Certain information available on this Web Site is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the party who originated it and that BMC Software has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a web-link to another party's website an endorsement of such other party, their products or their services.

RSS (really simple syndication) content is available on this Web Site, consisting of feeds of story headlines from various providers of such feeds. Your use of the RSS content is subject to these terms and conditions and also to those of the service that feeds the content (“Service”). You may not modify the content or the links provided by such Service. You must request permission from the Service to use, modify, display, or link to the RSS content in any way. The RSS content is owned by the Service. BMC reserves the right to remove the RSS content at any time.

You may link to the BMC Software home page, but are not authorized to link to any other page on the BMC Software Web site without the prior express written consent of BMC Software provided that BMC Software reserves the right to withdraw this consent at any time in its discretion. You may not use any of BMC Software's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by BMC Software; 2) cause confusion, mistake, or deception; 3) dilute BMC Software's trademarks, service marks or trade names; or 4) otherwise violate applicable law.

BMC Software makes no representations or promises to develop, provide or market any software, service or product discussed on this Web Site, and you shall not rely on the information provided or the prospect of availability of any software, service or product currently in development or currently anticipated to be made available in the future.

Web Site Information may refer to products, programs or services that are not available in your country. Consult your local BMC Software representative for information about the products, programs and services that may be available to you.

Any software that is available for download from this Web Site is the copyrighted property of BMC Software and/or its supplies. Any use or reproduction of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Web Site, if any, is governed by the terms of the agreement applicable to that product or service

Neither BMC Software nor any of its affiliates or suppliers or its or their officers, directors, employees, agents, representatives or subcontractors (collectively, the "BMC Group") shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war or other like causes beyond the reasonable control of BMC Software. BMC Software shall have no responsibility to provide access to this Web Site while the interruption of this Web Site due to any such cause shall continue. BMC Software may discontinue providing access to this Web Site at any time

Disclaimer; Limitation of Liability; Indemnity

This Web Site and all Web Site Information is provided "AS IS" and WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THOSE REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

IN NO EVENT WILL ANY MEMBER OF THE BMC GROUP BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS SITE OR ANY SITE LINKED TO WWW.BMC.COM. WITHOUT LIMITING THE FOREGOING, NO MEMBER OF THE BMC GROUP SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS WEB SITE OR ANY WEB SITE INFORMATION WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to release, defend, indemnify and hold the BMC GROUP harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of this Web Site or any Web Site Information.

Export and Trade Controls

You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Web Site or any Web Site Information provided on or pursuant to this Web Site except in full compliance with all United States, foreign and other applicable laws and regulations.

Submissions

Any information, material or idea you submit to this Web Site by any means will be treated as non-confidential and non-proprietary and may be used by BMC Software and its affiliates for any purpose whatsoever, including without limitation the development and/or provision of products and services except that all personal data submitted to this Web Site will be used by BMC Software in accordance with its Privacy policy. You shall not post or otherwise transmit to or from this Web Site by any means any defamatory, libelous, obscene, unlawful, or pornographic material or any other material or information which could result in any civil or criminal liability.

Restricted Rights Legend

U.S. GOVERNMENT RESTRICTED RIGHTS. UNPUBLISHED -- RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. Use, duplication, or disclosure by the U.S. Government of any Web Site Information (all technical data is "Limited Rights Data") or any software (all of which is "Commercial Computer Software") downloaded from this Web Site is subject to restrictions set forth in FAR Section 52.227-14 Alt. III (g)(3), FAR Section 52. 227-19, DFARS 252.227-7014 (b) or DFARS 227.7202, as amended from time to time. Contractor/Manufacturer is BMC Software, Inc., 2101 City West Blvd., Houston, TX 77042-2827, USA. Any contract notices should be sent to this address.

Severability

If any provision of these Terms of Use are found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce these Terms of User.

See BMC Software's Privacy statement relating to the collection and use of information through this Web Site.

See BMC Software's Trademarks statement relating to the use of trademarks and trade names appearing on this Web Site.

BMC Software, Inc. is an Equal Opportunity Employer.

Revised July 2008