Terms and Conditions.

Last updated March 22, 2021

1. Introduction

By using this RSI Support web-based technical support service (“Support Portal”), you agree to the following terms and conditions (“Support Portal Terms of Use”). These terms supplement the terms of any agreement that you may have with RSI, but solely with respect to the Materials, documentation, or information provided through Support Portal. In the event of a direct conflict between these terms and any other agreement you may have with RSI, the terms below will control your use of and access to the Support Portal, except with respect to software or other materials that are licensed to you under separate third-party terms (“Separately Licensed Technology”). Nothing in these Support Portal Terms of Use is intended to limit or otherwise control your use of any such Separately Licensed Technology. Through the Support Portal, you may have access to various programs, software, tools, and other materials made available by RSI now and in the future, including but not limited to: bulletins, white papers and other technical publications; information on product certification, product availability, and product support; any bug database; service requests that you have submitted; software patches (the “Materials”). You agree that access to the Support Portal, including access to the service request function, will be granted only to your designated support contacts and that, except for any Separately Licensed Technology, the Materials you obtain through the Support Portal may be used only in support of your authorized use of the RSI products and/or services for which you have a current support contract or cloud service subscription. You agree that the preceding sentence also applies when Materials are made available in a Virtual Machine and that, except for Separately Licensed Technology, you have no rights to access or use any Materials included in such a Virtual Machine (including updating any unsupported programs or cloud services) for which you do not have a current support contract or cloud service subscription. “Virtual Machine” means: a package, file, container, or template for a virtual machine, virtual appliance, virtual environment, virtual archive, virtual assembly and may or may not include a guest operating system. Except as specifically provided in your agreement with RSI or in a license for any Separately Licensed Technology (i) the Materials may not be used to provide services for or to third parties, and (ii) the Materials may not be shared with or accessed by third parties, except for your agents or contractors acting on your behalf. You shall be responsible for your agents and/or contractors’ use of the Support Portal and for their compliance with these Support Portal Terms of Use. You agree that you will not download Materials from the Support Portal unless you reasonably believe that the Materials will be used within 90 days for support of your authorized use of the RSI products and/or services for which you have a current agreement with RSI. You agree that you will not access or use the Support Portal in any manner that could damage, disable, overburden, impair, or otherwise result in unauthorized access to or interference with, the proper functioning of any RSI accounts, systems, or networks. For example, you may not use any software routines commonly known as robots, spiders, scrapers, or any other automated means to access the Support Portal or any other RSI accounts, systems, or networks.

2. Warranties and Disclaimers

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED IN THE SUPPORT PORTAL, INCLUDING THE MATERIALS, MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED IN THE SUPPORT PORTAL, INCLUDING THE MATERIALS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. RSI DOES NOT WARRANT THAT THE INFORMATION IN THE MATERIALS IS UP TO DATE OR ERROR-FREE, NOR DOES IT PROVIDE ANY OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED IN LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE MATERIALS ARE NOT A PROGRAM OR DOCUMENTATION UNDER THE TERMS OF YOUR AGREEMENT(S) WITH RSI.

IN NO EVENT SHALL RSI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SUPPORT PORTAL OR ANY OTHER HYPERLINKED WEB SITE.

NOTWITHSTANDING THE FOREGOING, RSI’S RESPONSES TO SERVICE REQUESTS AND ANY PROGRAM UPDATES DISTRIBUTED THROUGH THE SUPPORT PORTAL ARE SUBJECT TO THE RELEVANT WARRANTIES AND EXCLUSIVE REMEDIES STATED IN THE AGREEMENT BETWEEN YOU AND RSI.

RSI RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SUPPORT PORTAL, THE MATERIALS, AND/OR THE PRODUCTS OR PROGRAMS DESCRIBED IN THE SUPPORT PORTAL AT ANY TIME WITHOUT NOTICE.

3. Confidentiality

Except for information in web sites controlled by third parties that are accessible via hyperlinks from the Support Portal, the information contained in the Materials is the confidential proprietary information of RSI. You may not use, disclose, reproduce, transmit, or otherwise copy in any form or by any means the information contained in the Materials for any purpose, other than to support your authorized use of the RSI product and/or cloud services, for which you have a current support contract, without the prior written permission of RSI. RSI will take reasonable measures to keep third parties from obtaining unauthorized access to service requests that you submit using the Support Portal; however, RSI does not guarantee that third parties will not have access to any information, comments, feedback, or materials that you submit to RSI through or in association with the Support Portal.

4. Export Compliance

Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Materials. You agree that such export laws govern your use of the Materials, and you agree to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). You agree that none of the Materials obtained through your use of the Support Portal (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.

5. Materials and Support Portal Terms of Use Subject To Change Without Notice

The contents of the Materials are subject to frequent change without notice. As well, the Support Portal Terms of Use may change without notice, and you agree to abide by the Support Portal Terms of Use in effect each time that you access the Support Portal.

6. Right to Revoke and Monitor Access

RSI retains the right to revoke access to the Materials at any time for any reason. Access to the Support Portal may be monitored by RSI.

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