Welcome to our social network that we call the “EMC Community Network” (“ECN”) or the "EMC Community". An EMC Community can be a discussion group, chat area, eRoom, bulletin board, news group, a letter to EMC, its webmaster or employees, or an e-mail function offered as part of an EMC Community. As a member, you can exchange information, questions and comments with fellow EMC Community members. As with all social networks, following common rules will make the interaction a positive and worthwhile experience for everyone. Our goal is to treat every member fairly and with respect, and to make sure this EMC Community is a fun, engaging, diverse, and positive place.
We’re pleased that you’re here and look forward to your participation in the EMC Community Network.
2. Behavior in all EMC Communities
- You must always participate in EMC Communities as yourself and when applicable, correctly identify any affiliation you have with another organization. You must not impersonate any other person or misrepresent your affiliation with any organization.
- EMC employees and EMC Community moderators contribute as individuals. Their contributions are their personal opinions and do not represent EMC official positions, opinions, statements or policies. EMC makes no representations or warranties about such contributions posted or otherwise provided by EMC employees or EMC moderators in the Communities or as to the accuracy or reliability of such contributions.
- EMC is concerned about the privacy of its Community members. When you register to open an account in ECN or by accessing or using ECN, EMC may collect certain personal information about you. EMC’s use of such information is governed by the provisions of the EMC Privacy Statement and the EMC Legal Notice. You agree that you have read and understand the EMC Privacy Statement and the EMC Legal Notice both of which are hereby incorporated by reference and apply to your use of EMC Communities.
- If an EMC Community makes certain online space available to you, that space is personal to you, and you may not sell, license, exchange, or barter that space for any purpose.
- You agree not to upload, email, post, publish or otherwise transmit through any EMC Community any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; (g) is designed to provoke a negative response from one or more specific users (e.g., "trolling"); (h) interferes with or disrupts ECN or servers or networks connected to ECN, or (i) violates any applicable laws or regulations.
- EMC may, but shall not be obligated, to monitor or review any EMC Community.
- You may not use EMC Communities for commercial purposes. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertisement, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of any EMC Community to use or join or become members of any commercial online or offline service or other organization.
- You may download, view, copy and print materials and documents (collectively, the "Documents") provided by EMC on ECN subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes within your organization; and (b) the Documents may not be modified or altered in any way; and (c) the Documents shall not be used for comparative or competitive analysis or benchmarking testing or analysis of EMC products or services; and (d) the Documents shall not be used for any competitive purposes as determined by EMC in its sole discretion. No other use of Documents is authorized. You agree that any permitted copies of the Documents which you make shall retain all copyrights and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of EMC. All rights not expressly granted herein are reserved by EMC. ALL DOCUMENTS PROVIDED BY EMC ON THE EMC COMMUNITY NETWORK ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO DOCUMENTS (OR PORTION THEREOF) PROVIDED BY EMC ON THE EMC COMMUNITY NETWORK MAY BE USED, MODIFED, COPIED, DISTRIBUTED, DISPLAYED, REPRODUCED, LICENSED, PUBLISHED, TRANSMITTED, OR POSTED, IN ANY FORM OR BY ANY MEANS, WITHOUT THE EXPESS PRIOR WRITTEN AUTHORIZATION FROM EMC. YOU ARE NOT AUTHORIZED TO CREATE DERIVITIVE WORKS OF ANY DOCUMENTS POSTED BY EMC ON THE EMC COMMUNITY NETWORK WITHOUT THE EXPESS PRIOR WRITTEN AUTHORIZATION FROM EMC. IT IS A VIOLATION OF EMC’S COPYRIGHTS TO USE, REPRODUCE OR OTHERWISE MAKE AVAILABLE DOCUMENTS FROM THIS SITE FOR ANY COMPETITIVE, PUBLIC OR COMMERCIAL PURPOSES.
- You shall not collect or store personal data about other users.
- You may not post any instructions, software or other materials that (i) harm other users' computers; or (ii) would allow EMC Community users or third parties to harm other users' computers or to inappropriately access software or websites. You shall not post any computer programs that contain destructive features, such as viruses, worms or Trojan horses. In addition, you shall not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.
- EMC is not responsible for anything you say or post in any EMC Community or for the use of the same by any ECN users or third parties.
- If you post any content to any EMC Community, you are solely responsible for retaining a back-up copy of such content. EMC is not responsible for any alterations, deletions or loss of any content you post to any EMC Community.
- Some EMC Community users may post links to other websites. EMC is not responsible for the content of other websites associated with these links. Your use of these links and any content at such links is entirely at your own risk.
- You are responsible for any actions you may take based on information or advice you receive while in an EMC Community. The decision to share information, conduct transactions with anyone, and/or implement the information, recommendations or advice posted in a Community is entirely at your own risk. Please conduct your own research prior to making any decisions.
- Information exchanged in EMC Communities is not confidential unless Community-specific terms provide otherwise.
- You are responsible for maintaining the confidentiality of any password(s) you receive to access any EMC Community, 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). You must provide current, accurate, and complete information about yourself that may be required as part of the account creation process and/or continued use and participation in any EMC Community. You must maintain and promptly update any account information provided to EMC to keep it accurate, current and complete.
- Access to and use of password protected and/or secure areas of the ECN, EMC’s website known as “Powerlink” or EMC’s online support sites is restricted to authorized users only. Unauthorized individual attempting to access these areas will result in the immediate termination from ECN in addition to any other rights available to EMC at law or in equity.
Any software which you download through any Community is subject to the terms and conditions provided in or with the software.
4. Termination of Use
5. Third Party Web Sites, Content, Products and Services
EMC Communities may provide links to web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of various EMC Communities. EMC provides these links merely as a convenience for informational purposes and the inclusion of such links does not constitute or imply an endorsement or recommendation. 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 any EMC Community, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the access to and use of such web sites and content therein. 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.
ALL EMC COMMUNITIES, AND ALL CONTENT, MATERIALS, INFORMATION, DOCUMENTS, OPINIONS, RECOMMENDATIONS, ADVICE, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON OR OBTAINED THROUGH ANY EMC COMMUNITIES (COLLECTIVELY, THE “INFORMATION”), ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS. EMC AND ITS SUPPLIERS EXPRESSLY DISCLAIM 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 OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. EMC AND ITS SUPPLIERS MAKE NO WARRANTY THAT: (A) EMC COMMUNITIES WILL MEET YOUR REQUIREMENTS; (B) EMC COMMUNITIES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY EMC COMMUNITY OR ANY INFORMATION OBTAINED FROM ANY EMC COMMUNITY WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH EMC COMMUNITIES WILL MEET YOUR EXPECTATIONS. ANY INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF EMC COMMUNITIES IS DONE ENTIRELY AND SOLELY AT YOUR OWN DISCRETION AND RISK. EMC AND ITS SUPPLIERS SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA AND/OR USE AND ANY OTHER DAMAGES TO YOUR COMPUTER SYSTEM(S) OR YOUR ENVIRONMENT, THAT RESULTS FROM OR IS RELATED TO THE EMC COMMUNITIES OR THE DOWNLOAD OR USE OF ANY INFORMATION OBTAINED THROUGH ANY OF THE EMC COMMUNITIES. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBATINED BY YOU THROUGH ANY OF THE EMC COMMUNITIES OR FROM EMC, ITS PARENT, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, THE “EMC PARTIES”) THROUGH ANY OF THE EMC COMMUNITIES SHALL CREATE ANY WARRANTY. PROBLEMS THAT ARE CAUSED BY YOUR USE OF, OR FAILURE TO PROPERLY USE, THE INFORMATION OBTAINED THROUGH ANY OF THE EMC COMMUNITIES MAY, AT EMC’S SOLE DISCRETION, BE EXCLUDED FROM COVERAGE UNDER THE APPLICABLE EMC WARRANTY OR MAINTENANCE AGREEMENT.
7. Limitation of Liability
IN NO EVENT SHALL EMC AND ITS SUPPLIERS 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 (A) YOUR ACCESS TO, OR USE OF OR INABILITY TO USE, ANY EMC COMMUNITIES OR ANY INFORMATION (AS DEFINED IN SECTION 6 ABOVE), (B) YOUR RELIANCE UPON ANY OF THE CONTENT OR INFORMATION ON ANY EMC COMMUNITIES, OR (C) EMC’S TERMINATION OR SUSPENSION OF YOUR ACCOUNT(S) OR ACCESS TO ANY EMC COMMUNITIES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY EMC PARTY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF DURATION OF SUCH WARRATY AND THE EXTENT OF THE EMC PARTY’S LIABILITY SHALL BE THE MINIMAL PERMITTED UNDER SUCH APPLICABLE LAW.
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 any EMC Community.
9. Export Restrictions/Legal Compliance
10. Feedback Ownership and Content License
Any information provided to EMC regarding EMC products and services shall be provided by the submitter and received by EMC on a non-confidential basis and such information shall be deemed the 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. For any other content provided to EMC, you agree that such information is provided to EMC on a non-confidential basis and by uploading, emailing, posting, disclosing, publishing or otherwise transmitting content to any EMC Community or submitting any content to EMC, you automatically grant (or warrant that the owner of such rights has expressly granted) EMC and all other EMC Community members a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
11. Applicable Law
All matters relating to your access to, and use of, EMC Communities shall be governed by US federal laws or the laws of the Commonwealth of Massachusetts, excluding its conflict of law rules. Any legal action or proceeding relating to your access to, or use of, EMC Communities 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.
12. Copyright Policy/Digital Millennium Copyright Act
You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. EMC may terminate an account, deny access to a site or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another.
Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest
- A description of the copyrighted work or other work that you claim has been infringed
- A description of where the material that you claim is infringing is located on our sites, networks or other repositories
- Your address, telephone number, and email address
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
Our Designated Agent for notice of claims of copyright infringement can be reached as follows:
Attn: IP Legal Department - Copyrights
Hopkinton, MA 01748
If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
13. Copyright/Trademark Information
Copyright 1994-2011, EMC Corporation. All rights reserved.
EMC is a registered trademark of EMC Corporation. Other names appearing on EMC Communities 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.
Rev April 20, 2011
1. General; Incorporation by Reference
2. Support Forums Content
B. Content Provided By EMC. All Content provided, submitted or made available by EMC is the sole property of EMC and EMC retains all title to, ownership of and interest in such Content.
C. Content Provided by You and all Forum Participants. You agree that all Content provided or submitted by you or any other Support Forum participant shall be deemed the property of EMC. By submitting such Content to EMC or to any of the EMC Support Forums, you agree to an irrevocable, 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 for any commercial or non-commercial purposes including, without limitation, for creating solutions, improving product and services documentation, creating examples or use in any other content areas without permission, royalties or other fees. If necessary, you will assist EMC, at EMC’s expense, in perfecting its title to such Content.
Rev April 20, 2011