Collectively, the terms below are referred to as the "Agreement."
PLEASE READ THESE SITE ACCESS TERMS ("TERMS") CAREFULLY. BY CLICKING THE "I AGREE" BUTTON (IF ANY) OR OTHERWISE BY ACCESSING OR USING THE HDS PARTNER PORTALS REFERRED TO IN THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT AND COMPLY WITH THESE TERMS, YOU WILL NOT HAVE AUTHORIZED ACCESS TO THE HDS PARTNER PORTALS.
References to "You" in these Terms mean Hitachi Data Systems authorized partners ("Partners"), whose partnership rights give them access to the Hitachi Data Systems Partner Portals, including, but not limited to, PartnerXchange, Hitachi Rewards and Customer Support Portals and any additional and replacement portals from time to time (collectively, the "Partner Portals"), under a Hitachi Data Systems partner program ("Program"), and individuals who access the Partner Portals as employees and representatives of those Partners.
In consideration of You agreeing to these Terms, Hitachi Data Systems Corporation and its worldwide related companies (collectively, "HDS") will give You access to the Partner Portals. Such rights of access to, and use of, the Partner Portals are subject to these Terms (including all terms and documents incorporated by reference), as well as all directions and decisions of HDS. Your rights will automatically cease: (i) if You are a Partner who ceases to be an authorized Partner of HDS under any Program, or in good standing with HDS, for any reason; and (ii) if You are an individual who ceases to be an employee or representative of a Partner or such Partner’s rights are terminated under sub-clause (i). Without limiting the previous sentence, HDS may terminate Your access or use of the Portals at any time, in its sole and absolute discretion, with or without cause, and with or without issuing You written notice.
In accessing and using the Partner Portals, you hereby agree to, and undertake the following, in favour of HDS:
(a) Subject to these Terms, and until these Terms cease to apply to You: HDS grants to You a non-exclusive, non-transferable, limited and revocable license to view and print the content on the Partner Portals, without alteration, solely and strictly for Your use as authorized Partner, or employee or authorized representative of the Partner, for legitimate business purposes associated with the Partner’s participation in the Program ("Authorized Purpose"). This license does not apply to any media or platform other than that of the current Portals. HDS and its licensors exclusively retain ownership of all intellectual property rights in the Partner Portals and their content and those rights are protected under applicable copyrights, trademarks, trade dress and other proprietary rights laws. You obtain no rights whatsoever in the Partner Portals or their content, other than those expressly provided in these Terms. You must not do anything that infringes, threatens to infringe or otherwise jeopardizes the rights of HDS and/or its licensors in the Partner Portals and their content.
(c) You agree and acknowledge that the HDS Partner Code of Conduct forms an integral part of HDS Program agreements and that You have read the Partner Code of Conduct in full and will comply with it at all times. As an employee or representative of a Partner, You will not do any act or omission that will, or is likely to, put the Partner in breach of its Program agreement with HDS.
(e) The Partner Portals contain commercially sensitive and non-public information of HDS, which is identified as, or reasonably understood from the surrounding circumstances to be, confidential ("Confidential Information"). You agree to maintain as strictly confidential all Confidential Information of HDS that is disclosed or otherwise used by You during your access to, and use of, the Partner Portals and their related content, and maintain the same degree of care that is used by the Partner to protect its own confidential information, which in any event must be a reasonable degree of care. You must not copy or disclose such Confidential Information to another person without prior written consent from HDS (which consent may be subject to such conditions as HDS considers necessary or appropriate), except to such employees, co-workers, supervisors or personnel within the Partner who have a "need to know" for the Authorized Purpose. You acknowledge that a breach of this Agreement may result in irreparable harm to HDS, for which damages may be an inadequate remedy and that, in addition to its rights and remedies otherwise available at law, HDS will be entitled to equitable relief, including injunction, for such breach.
(f) Individuals under the age of thirteen are not eligible to use the Site, and we ask that no information in relation to such individuals be submitted to us.
(g) You agree to avoid using the Site in such a way that prevents you from obeying traffic or safety laws.
(h) The respective rights and obligations held by HDS and You under these Terms will be governed by the applicable law, jurisdiction and venue set out in the applicable Program agreement between HDS and Partner. These Terms are enforceable by Hitachi Data Systems Corporation and any of its worldwide related companies.
(h) Trademark Notice. HITACHI is a trademark or registered trademark of Hitachi, Ltd. Hitachi Data Systems, HDS and the HDS logo are trademarks or registered trademarks of Hitachi Data systems Corporation. All other trademarks, service marks, and company names are properties of their respective owners.
(j) Copyright Notice. Copyright 1996-2014 Hitachi Data Systems Corporation. All rights reserved. All pages and content within the Portals are the property of Hitachi or its direct or indirect licensors.