Terms of Use

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEB SITE.

1. Use of Web Site Information

You may use this site solely to (i) assist with your evaluation, use and maintenance of EMC products and services purchased by you or by a party who has been designated by you to act as an agent on your behalf, and (ii) in connection with your delivery or maintenance of, or recommending to others the use of, EMC products and services. You may download, view, copy and print documents and graphics incorporated in these documents (the "Documents") and view videos and multimedia materials (collectively "Videos") from this website subject to the following: (a) the Documents and Videos may be used solely for personal, informational, non-commercial purposes; and (b) the Documents and Videos may not be modified or altered 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, license, post, transmit or distribute any information from this Web site in whole or in part without the express authorization of EMC. It is a violation of EMC's copyrights to use, reproduce or otherwise make available information from this site for competitive purposes.

2. Use of Software

Any use of software and accompanying documentation you download from EMC.com is subject to the terms of a software license agreement between you and EMC. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.

3. Use of EMC Online Communities

If you become a member of any EMC online community, your participation in those communities will be governed by the EMC online community terms of use and any terms of use that are unique for the specific community or communities to which you elect to become a member.

4. Passwords and Security

You are responsible for maintaining the confidentiality of any password(s) you are given to access EMC.com, and are fully responsible for all activities that occur under your password(s). You agree to notify EMC immediately of any unauthorized use of your password(s). EMC is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.

5. Termination of Use

You agree that EMC may, in its sole discretion, at any time terminate your access to EMC.com and any account(s) you may have in connection with EMC.com. Access to EMC.com may be monitored by EMC.

6. Third Party Web Sites, Content, Products and Services

EMC.com provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of EMC.com. You agree that EMC is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that EMC is not responsible for third party content accessible through EMC.com, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that EMC is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that EMC is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

7. Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, EMC.com, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON EMC.com, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EMC MAKES NO WARRANTY THAT: (A) EMC.com WILL MEET YOUR REQUIREMENTS; (B) EMC.com WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF EMC.com OR ANY SERVICES OFFERED THROUGH EMC.com WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH EMC.com WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF EMC.com IS DONE AT YOUR OWN DISCRETION AND RISK. EMC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. EMC RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO EMC.com AT ANY TIME WITHOUT NOTICE. YOU AGREE TO THE MODIFIED TERMS BY CONTINUING TO USE EMC.com AFTER THE MODIFICATIONS HAVE BEEN MADE.

8. Limitation of Liability

IN NO EVENT SHALL EMC 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, EMC.com. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnity

You agree to defend, indemnify and hold harmless EMC, its officers, directors, employees and agents 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 and/or your agent's access to or use of EMC.com.

10. Privacy Policy

For more information about how we protect your privacy, please see our Online Privacy Statement. By agreeing to the Terms, you acknowledge and agree that you have read and understood our Online Privacy Statement.

With regard to the use of EMC.com Chat by EMC employees, Sections 7, 8, 9 and 15 of these Terms apply, subject to applicable law. With regard to Section 17 of these Terms, EMC will notify employees via e-mail of any material changes to these Terms. Please contact your manager if you do not agree to such changes.

11. Note About Children

Minors are not eligible to use EMC.com, and we ask that they do not submit any personal information to us.

12. Export Restrictions/Legal Compliance

You may not access, download, use or export EMC.com, or the content, software, products or services provided on EMC.com in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of EMC in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of EMC outside the U.S. Neither the services of EMC nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. Feedback Information

Any information provided to EMC in connection with any EMC website shall be provided by the submitter and received by EMC on a non-confidential basis. Such information shall be considered non-confidential and property of EMC. By submitting any such information to EMC you agree to a no-charge assignment to EMC of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the information. EMC shall be free to use such information on an unrestricted basis.

14. Applicable Law

All matters relating to your access to, and use of, EMC.com shall be governed by US federal laws or the laws of the Commonwealth of Massachusetts. Any legal action or proceeding relating to your access to, or use of, EMC.com shall be instituted in a state or federal court in Boston, Massachusetts. You and EMC agree to submit to the jurisdiction of, and agree that the venue is proper in, these courts in any such legal action or proceeding.

15. Copyright/Trademark Information

Copyright 1994-2010, EMC Corporation. All rights reserved.

EMC is a registered trademark of EMC Corporation. Other names appearing on EMC.com may be trademarks of their respective owners. EMC prohibits use of any EMC trademark as a "hot" link to any EMC website unless EMC approves such use in writing.

Changes to the Terms of Use

EMC may review and update the Terms of Use periodically as appropriate. Your continued use of EMC.com after such changes are made constitutes your consent to the revised Terms of Use. If you do not wish to consent to the revised Terms of Use, then you must not use EMC.com and notify EMC of your decision so that EMC can de-activate your user name and password.


September 2010