Date of Last Revision: January 14, 2019
Use of the Site
You acknowledge and agree that the Site may contain tools, content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret and/or other proprietary rights and laws. Except as expressly authorized by Collibra or except as expressly authorized by any additional terms applied to any Site Content , you agree not to: (a) modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Site Content, in whole or in part; (b) create a false identity on the Site, misrepresent your identity, or use or attempt to use another’s account; (c) develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to access the Site or to scrape the Site or any Site Content or otherwise copy profiles and other data from the Site; (e) override any security feature or bypass or circumvent any access controls or use limits of the Site (such as caps on keyword searches or profile views); (f) violate the intellectual property rights of Collibra or of any third party, including but not limited to copyrights, patents, trademarks, trade secrets, or other proprietary rights; (g) use the Site to transmit or store code, files, scripts, agents or programs intended to do harm, including, without limitation, viruses, worms, time bombs and Trojan horses; (h) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site or the Site Content or any related technology that is not open source; (i) imply or state that you are affiliated with or endorsed by Collibra as otherwise set forth herein or without Collibra’s express consent; (j) monitor the Site’s availability, performance or functionality for any competitive purpose; (k) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site; (l) overlay or otherwise modify the Site or its appearance (such as by inserting elements into the Site or removing, covering, or obscuring an advertisement included on the Site); and/or (m) interfere with the operation of, or place an unreasonable load on the Site (e.g., spam, denial of service attack, viruses, gaming algorithms). Sample code provided by Collibra and/or other companies on the Site may be used and distributed solely for purpose of connecting to, integrating with, or using the Collibra services in a manner authorized by Collibra and in accordance with your agreement with Collibra.
Third Party Content and Websites
The Site may include third party Site Content, or third parties may provide links or other access to third party sites and resources on the Internet through the Site. Collibra has no control over third party Site Content and any third party sites and resources made available thereon and Collibra is not responsible for and does not endorse for any such content. You further acknowledge and agree that Collibra will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third party Site Content, or other content, events, goods or services available on or through any third party sites or resources. Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that Collibra is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COLLIBRA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
COLLIBRA MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR SITE CONTENT WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COLLIBRA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COLLIBRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OBTAINED OR MESSAGES RECEIVED FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.