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Hitachi Data Systems News Hub Privacy Policy 
and Terms and Conditions of Use

These terms apply, in addition to the HDS Privacy Policy document located at www.hds.com/corporate/legal. This Privacy Policy may change from time to time, so please check it on a regular basis.

These additional terms describes how HDS will collate, store and use any personal data submitted via http://newshub.hds.com/ (the “News Hub”) or which you may provide to us.

What personal data do we collect about you?

We respect your privacy and will only collect and use minimal amounts of your personal information. Therefore, in accordance with fair information privacy practices, we only require: your name(s), login access, and contact information.

In the case of the Hitachi Data Systems News Hub (“News Hub”), we collect and process the following personal data about you:

* Your name, email address, postal/zip code, and country.

* Login access information you provide to use the “VoiceStorm” mobile-access application.

 

If you register to become a member of the News Hub you will be able edit your profile with optional information (profile image, title, organization, bio, content selection and links to social accounts such as Facebook, LinkedIn and Twitter).

We will not ask you to send us any sensitive personal data, such as your religious conviction, state of mental or physical health, ethnic origin, or similar sensitive information. 

How do we collect your personal data?
We collect personal data from you when you complete the News Hub registration process, which includes allocating your password for access to the News Hub (where applicable). We also process your personal data every time you send us an individual email request for information and/or you update your profile. We collect additional technical information automatically about your visit to our websites through our use of cookies (see below). You have the option to amend and delete the cookies in accordance with your preference. 

Why do we collect your personal information?

We use the information that we collect or that you provide to:   

  • Authenticate users.
  • Administrate and manage the system and its security.
  • Give you access to the News Hub, by issuing you a registered user identification.
  • Respond to your questions.
  • Allow you to post materials relevant to the News Hub.
  • Administer the Extranet and the News Hub and your use of the Extranet and the News Hub.

Disclosure of your personal data to third parties

We will not disclose your personal data any third party. However, by agreeing to the terms and conditions below, YOU AGREE YOU HAVE READ THE PRIVACY STATEMENT AND YOU WILL ALLOW HDS TO SHARE YOUR PERSONAL DATA WITH DYNAMIC SIGNAL, the third party providing the News Hub and VoiceStorm platform. Dynamic Signal will not disclose your personal data to any third party. Dynamic Signal’s use of your personal data will be limited to contractual obligations owed to HDS to manage News Hub and VoiceStorm.

Access and deletion

 

You will have access to the system and you can delete your account at any time. You can request details of the personal information we have on file about you by directing your query to socialmedia@hds.com. Should you wish to have your personal profile or personal information deleted, please submit your request in writing to socialmedia@hds.com, and we will delete your profile or personal information within 30 days.

Monitoring emails
Our network security system within the News Hub may automatically intercept or block any email you provide to us if the email contains any words or attachments that trigger the content filter to respond. The system is designed to detect and block potentially wrongful code or illicit or offensive content. It may exceptionally and by mistake block perfectly proper correspondence. You will be notified of such a block by return email. Please contact us at socialmedia@hds.com if you need assistance.

 

   

Terms and Conditions of Use

Collectively, the terms below are referred to as the "Agreement."

THIS SITE MAY ONLY BE ACCESSED AND USED BY INDIVIDUALS AND INDIVIDUALS ACTING  ON BEHALF OF THEIR EMPLOYER DURING THE COURSE OF EMPLOYMENTTO THE EXTENT THAT THE HITACHI DATA SYSTEMS NEWSHUB (NEWS HUB) IS BEING ACCESSED AND USED, THESE TERMS AND CONDITIONS OF USE MAY BE AGREED UPON BY INDIVIDUALS AND ON BEHALF OF CORPORATE ENTITIES, AND THE FOLLOWING PROVISIONS SHALL APPLY.

READ THE FOLLOWING TERMS AND CONDITIONS BELOW CAREFULLY BEFORE CONTINUING. THE USE OF THIS SITE, AND THE TERMS AND CONDITIONS RELATING TO THIS SITE SET OUT BELOW, ARE GOVERNED BY THIS AGREEMENT. BY CLICKING THE "ACCEPT" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS BELOW AND THE PRIVACY POLICY LOCATED AT WWW.HDS.COM/CORPORATE/LEGAL AND ANY ADDITIONAL TERMS RELATING TO YOUR PRIVACY AND THAT YOU PERSONALLY, IN THE CASE OF THE NEWS HUB, FOR AND/OR ON BEHALF OF YOUR COMPANY, ACCEPT AND WILL BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT YOU SHOULD CLICK THE "I DO NOT ACCEPT" BUTTON AND YOU WILL NOT BE ABLE TO ACCESS OR USE THIS SITE.

Periodically, you may be required to re-accept the terms and conditions. The terms may be accessed from the link at the bottom of your user login page.

1. COPYRIGHT NOTICE

Copyright 1998–2014 Hitachi Data Systems Corporation. All rights reserved.

All pages and Content within this Site are the property of Hitachi Data Systems or its direct or indirect licensors.

 

2. TRADEMARK NOTICE

"Hitachi Data Systems", "HDS", the "Hitachi Data Systems" logo, and "hds.com" are trademarks and service marks of Hitachi Limited. Unless otherwise noted on the Site, all other trademarks, service marks and logos used in this Site may be the trademarks, service marks or logos of their respective owners.

 

3. LICENSE GRANT & EXCLUSIVE OWNERSHIP BY HDS

a. License. Subject to the terms and conditions of this Agreement, and until termination of the Agreement, Hitachi Data Systems (HDS) grants you a non-exclusive, non-transferable, non-assignable, limited license (which may be revoked by HDS at any time for any reason) to download (as required to view the Content), view, or print the Content which is not marked as "HDS Proprietary and Confidential Information" in this Site, without alterations, solely for use only in the furtherance of the legitimate business purposes of either you or your Company directly and reasonably relating to your Company’s business relationship with HDS for so long as the following copyright notice is included: "Copyright 1998–2014 Hitachi Data Systems Corporation. All rights reserved." This limited license does not apply to any media or platform other than that of the News Hub.

b. Ownership. All Content on the Site is (and shall continue to be) owned exclusively by HDS, and is protected under applicable copyrights, trademarks, trade dress, and other proprietary (including but not limited to intellectual property) rights, and the copying, redistribution, use or publication by you of any Content or any part of the Site marked as "HDS Proprietary and Confidential Information" is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your Site Use.

 

4. RESTRICTIONS ON USE

a. Prohibited Acts. While using the Site or Site-related services, you agree not to:

    i) Restrict or inhibit any other user from using and enjoying the Site and services;

    ii) Use any device, software or routine to interfere with or attempt to interfere with the proper working of the Site;

    iii) Post or transmit into or on the Site any unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;

    iv) Post or transmit into or on the Site any Information or software that contains a virus, worm, Trojan horse or other harmful contaminant or disruptive component; 

    v) Publish, republish, perform, distribute, assign, sublicense, sell, prepare derivative works, modify, lease, rent, copy (other than as permitted in section 3a), reverse compile, reverse engineer, reverse assemble, transmit, display, decompile, translate, or use (other than as permitted by applicable law and/or in section 3a) the Content;

    vi) Post or transmit into or on the Site any Information in violation of another party's copyright or intellectual property rights (including Information that infringes on another's rights);

    vii) Take any action that imposes an unreasonable (as determined solely by Hitachi) or disproportionately large load on Hitachi's infrastructure;

    viii) Redeliver any of the Content using "framing," or other technology without Hitachi's express written permission; or use any device or technology to provide repeated automated attempts to access the Site other than those made generally available by HDS;

    ix) Send, knowingly receive, upload, download, use or re-use any material that does not comply with the HDS Content Standards.

b. Reproduction of Content. You agree not to reproduce or commercially exploit any Content in any form, including but not limited to by photostat, microfilm, xerography, digitally, or to incorporate any Content into any information retrieval system, electronic or mechanical, other than as stated in section 3a.

c. Right to Regulate. HDS has no obligation to monitor the Site or Site-related services. However, you acknowledge and agree that HDS has the right to monitor the Site and Site-related services and to disclose any Information necessary to operate the Site properly, to protect HDS, third parties, and HDS customers, and to comply with legal obligations or governmental requests. HDS reserves the right to refuse to post or to remove any Information on the Site, in whole or in part, that is unacceptable, offensive, violates (or allegedly so) the rights of third parties, or is in violation of this Agreement. HDS also reserves the right to prohibit any user who violates the Agreement, in the sole discretion of HDS, from using the Site and related services. Such prohibition may occur without notice to the user.

d. No Transfer; Law Compliance. You agree not to attempt to transfer the limited license granted to you in section 3. You further agree to comply with all governmental laws, statutes, ordinances, and regulations (including those related to consumer protection, unfair competition, anti-discrimination or false advertising) regarding your use of the Site.

 

5. YOUR SITE USE ACTIVITIES

a. Unauthorized Email. Relating to your Site Use, you agree not to engage in the sending of any unauthorised or mass email messages (also known as "spamming") to HDS, its employees, contractors, customers, or third parties.

b. Linked Sites and News Hub Content. The News Hub may contain links to linked sites and third-party content. You acknowledge that, when you click on a link to visit a Linked Site, a frame may appear that contains the HDS logo, advertisements and/or other Information. You acknowledge that HDS neither endorses nor is affiliated with the Linked Site or any third-party content on the News Hub and is not responsible for any information (including any materials, software, content, or data) that appears on the Linked Site or the News Hub, or for any products and services referenced by the Linked Site or the News Hub. No information in any Linked Site or the News Hub has been investigated, confirmed, approved, or verified by HDS. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with HDS or third parties.

c. Waiver of Linked-Site Use. Because HDS does not and cannot control any content or activities of any Linked Site and/or the News Hub, in the event that you have a dispute relating to one or more Linked Sites or the News Hub, you hold harmless and release HDS (and our agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

d. Dated Materials. You acknowledge that HDS has no obligation to update the Site, but will do so as soon as is reasonably practicable after publication of new Content (if applicable). Therefore, when using the Site, there is a possibility that Content may be outdated (including information about the products and services of HDS or third parties, or pricing thereof).

e. External Issues. You acknowledge that (i) the Internet is a network of computers world-wide, and that any information submitted by you to HDS necessarily is routed via third-party computers to HDS, (ii) HDS is not responsible for lapses in online security or any technical malfunction of the Site and does not assume liability for improper use of your information by a third party. You bear the entire risk of loss for your Site Use related to security, privacy, or technical malfunctions.

f. Information on our Site regarding non-HDS products or services is based on information supplied by other companies about the products and services they offer. HDS has not independently verified the contents of this information and takes no responsibility for the accuracy or completeness of information contained in such information.

g. Information You Provide. You agree, represent, and warrant that all Information that you provide to HDS or Third Parties relating to your Use of the News Hub will be accurate, complete and current.

h. Password. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. HDS has the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this Agreement. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [socialmedia@hds.com]. 

 

6. SUBMISSIONS OF INFORMATION BY YOU

Grant of License to HDS. When applicable, before submitting any Information to this Site, you agree to always check your software license agreements to make sure that you do not infringe on the intellectual property rights of others. You acknowledge and agree that, by submitting any Information to HDS and/or the News Hub you grant to HDS a nonexclusive, world-wide, perpetual, royalty-free, fully-paid license to (in any media now known or not currently known or invented) link to, utilize, use, copy, reproduce, distribute, adapt, perform, display and sublicense (through multiple tiers) the submitted Information.

You also grant HDS the right to use your Information, and HDS agrees to use your Information in accordance with HDS Privacy Policy for the News Hub applicable to online user data. Further, by submitting Information to HDS, you acknowledge, represent, and warrant that you have the authority to grant such rights to HDS. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO HDS. If the submitted Information includes or consists of a Java(TM) applet or other software resource, the license granted to HDS shall apply to both object code and source code formats of the applet or resource, and HDS shall have the right under its license to analyze, report on, summarize, and display the source code on it web sites; however HDS will not display the complete source code of your resource unless you grant HDS express permission to do so in the resource submission or resource update forms. If you submit a resource to HDS and/or the News Hub and/or you grant HDS permission to display your source code and decide that you no longer want to grant HDS permission to display your source code, HDS will remove the resource and/or the source code from the Site if you send a Notice to HDS to request that the resource and/or the source code to any applet or software resource submitted by you be removed from an the Site. Upon receipt of such certified-mail notification, HDS will use reasonable efforts to remove such resource and/or source code from the Site within fifteen (15) days of receipt of the Notice.

 

7. LIMITED APPLICABILITY, COOPERATION & INDEMNITY

a. Geographic Scope. Although the Site is accessible worldwide, not all products or services discussed or referenced in the Site are available to all persons or in all geographic locations or jurisdictions. HDS reserves the right to limit the provision of any product or service to any person, geographic area, or jurisdiction as it so desires.

b. Content changes. HDS in its sole discretion may prospectively add, delete or change (including change prices) the Content or some or all of our products, services, or other offerings at any time, and postings and information on the News Hub, without notice to you.

c. Indemnity. You agree to indemnify, defend and hold harmless HDS and third parties against any and all liabilities, claims, damages, costs or other expenses (including attorneys' fees, costs, expenses, and expert witness fees) that arise directly or indirectly out of or from (i) your breach of this Agreement, or (ii) your Site Use activities.

d. HDS Goodwill. The Parties each acknowledge that the Content has acquired a valuable secondary meaning and goodwill with the public. Accordingly, you undertake and agree not to use the Content or any information available on the News Hub in any manner whatsoever that, directly or indirectly, would derogate or detract from the repute of HDS or the Content. You agree that if you or any of your shareholders (if any) are convicted of any offence or otherwise becomes an object of public scorn, which materially and adversely affects the goodwill of the Content or of HDS, HDS shall have the right to terminate this Agreement.

e. Protection of Content. You agree to protect any of the content without limitation against infringement or claims of infringement.

 

8. LIMITED WARRANTY AND DISCLAIMERS

    a. DISCLAIMER OF WARRANTY. HDS AND OTHER SITE CONTENT PROVIDERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT HEREON. THIS SITE, INCLUDING ALL CONTENT CONTAINED WITHIN IT, ANY SITE-RELATED SERVICE, ACCESS TO ANY LINKED SITE, OR ANY PRODUCT OR SERVICE LICENSED OR PROCURED THROUGH THE SITE, IS PROVIDED TO YOU BY ALL CONTENT PROVIDERS (AND IN THE CASE OF THE NEWS HUB BY ALL OTHER USERS) "AS IS" AND "AS AVAILABLE," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU HEREBY WAIVE ALL WARRANTIES BY HDS RELATING TO YOUR SITE USE. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY HDS. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE AND/OR RELATED SERVICES WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME DUE TO MAINTENANCE, TELECOMMUNICATIONS DISRUPTIONS, AND OTHER PROBLEMS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR SITE USE AND SITE-RELATED SERVICES.

    b. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this Section 8(a) may not apply to you.

    c. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL ANY OF HDS OR SITE- CONTENT PROVIDERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, PROFITS, BUSINESS OPPORTUNITY, REVENUE, ANTICIPATED SAVINGS, LITIGATION, OR THE LIKE WHETHER FORESEEABLE OR NOT), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, YOUR SITE USE, SITE-RELATED SERVICES, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR CONTENT IS TO STOP USING THE SITE AND CEASE ALL OF YOUR SITE USE. The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and HDS, and constitute the consideration for HDS granting you the limited license stated in section 3. The information and the goods and services provided from this Site would not be provided without such limitations. You may have additional rights under certain laws (such as consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

d. HDS liability in contract, tort or otherwise (including negligence) arising out of or in connection with this Agreement or the performance or observance of its obligations under this Agreement and every applicable part of it shall be limited in aggregate to the total amount paid by you to HDS, or to that which is fixed and known to become due to HDS from you in the calendar year in which such liability arises.

e. Cautionary Note. A possibility exists that the Site could include inaccuracies or errors (including both substantive and typographical errors). Additionally, there is a possibility that unauthorized additions, deletions and alterations could be made by third parties to the Site. Your Site Use is at your own and sole risk and you assume the entire cost of all necessary servicing, repair, or correction of your property or operations as a result of your Site Use. Although HDS desires to maintain the integrity and the accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. In the event you discover an inaccuracy, please inform HDS so that the issues can be corrected. In addition, all responsibility or liability for any damages caused by viruses contained within the electronic files or on the Site are disclaimed by HDS and waived by you.

 

9. CONTACTING HDS

Should you desire to contact HDS or if you request authorisation to use the Content other than as stated in section 3, you may contact HDS at socialmedia@hds.com; however, for any such authorization to be valid, it must be documented in writing signed by a duly authorized executive officer of HDS.


10. MISCELLANEOUS

    a. Transaction Location, Governing Law, Jurisdiction, & Venue. This Agreement shall be governed by and construed in accordance with the laws of California.

    b. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Each party to this Agreement hereby submits to the laws of the jurisdiction of California, USA, without regard to its conflict of law principles, will apply to these terms of use. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the appropriate courts in Santa Clara County, California. By accepting these terms of use, you consent of your behalf and on behalf of the corporate entity you are representing to the extra-territorial service of process, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

    c. HDS makes no representation that the Content is appropriate or available for use in locations outside the European Economic Area ("EEA"), and your accessing the Content from locations where such Content is illegal is strictly prohibited. If you choose to access this site from locations outside the European Union, you do so on your own initiative and are responsible for compliance with local laws (for example, statements which compare HDS products with other companies' products may not be used in countries that restrict comparative advertising.)

    d. Disputes & Attorneys' Fees. In any action to enforce this Agreement, the prevailing party will be entitled to its costs, attorneys' fees, and expenses (including expert-witness fees). You acknowledge that any breach by you of the provisions of the Agreement will cause irreparable damage to HDS or third parties and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal or equitable remedies, HDS and third parties will be entitled to temporary or permanent injunctive relief for any breach of this Agreement. In the event you violate any of your obligations under this Agreement, you shall immediately notify HDS and take all steps reasonably available to cure the violation and to prevent any subsequent violation.

    e. Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

    f. Complete Integration. This Agreement constitutes the entire and only agreement between you and HDS parties hereto pertaining to the subject matter hereof, and is intended to be a complete and absolute integration of the agreement between the parties. Concerning the subject matter hereof, any and all prior written agreements, representations, understandings, and warranties unless any such representation or warranty made about this Agreement was made fraudulently (collectively, "Understandings"), and all contemporaneous or prior oral Understandings between the parties are expressly superseded, cancelled, and replaced by this Agreement. You agree to review this Agreement prior to any Site Use, and each Site Use by you shall constitute and be deemed your unconditional acceptance of this Agreement. The Parties agree that this Agreement and all Information relating to your Site Use are properly authenticated documents and may be given full evidentiary weight if submitted in evidence by you or HDS.

    g. Modifications. This Agreement may only be supplemented, altered, or amended by an express written agreement executed by authorized executives of both parties, except that HDS may modify the terms and conditions of this Agreement by posting a revised agreement on the Site. The Revised Agreement shall be effective immediately for all of your subsequent Site Use. You agree to review the Agreement periodically to be aware and re-accept the terms and conditions applicable to future Site Use.

    h. Termination. The Agreement may be terminated as follows. (i) By HDS: In its sole and absolute discretion, HDS may terminate this Agreement or your Site Use at any time, for any reason (with or without cause), with or without notice to you. (ii) By you: In your sole and absolute discretion, you may terminate this Agreement or your Site Use at any time, for any reason (with or without cause), by ceasing all Site Use by you. If the Agreement is for any reason terminated, upon request by HDS, you agree to return all Information obtained by you relating to the Site, and all copies thereof.

    i. Survival of Certain Provisions. The provisions of the sections titled "License Grant & Exclusive Ownership by HDS" (sub-section "b." only), "Restrictions on Use," "Limited Warranty and Disclaimer," "Limited Applicability, Co-operation & Indemnity," "Your Site Use Activities," "Submissions of Information by You," "Miscellaneous" (only sub-sections "Transaction Location, Governing Law, Jurisdiction & Venue," "Disputes & Attorneys' Fees," "Severability," "Limitations Period," and "Termination") shall survive the expiration or termination of this Agreement. No expiration or termination of this Agreement shall release you from any obligation to pay HDS any amount that has accrued and become payable at or prior to the date of expiration or termination.

    j. Assignment; Transfer. You shall not assign or transfer any interest in this Agreement, whether by merger, consolidation, operation of law, or otherwise without the prior written consent of an authorized executive officer of HDS.

    k. Suspension of Obligations. The obligations of either you or HDS under this Agreement (other than payment obligations) shall be suspended to the extent that a party is hindered or prevented from performing those obligations by acts of God, fires, storms, accidents, governmental regulations, or any cause whatsoever not within its reasonable control.

    l. Waiver. No delay or omission to exercise any right or remedy accruing to HDS upon any breach or default by you shall impair that right or remedy, or be construed to be a waiver of any breach or default. A waiver by HDS of any breach or default under this Agreement must be in writing and executed by an authorized officer of HDS.

    m. Headings. All article or section headings, or exhibit names, are for reference and convenience only and shall not be considered in the interpretation of the Agreement.

    n. No Agency. You and HDS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

    o. Software on the Site. The Site may contain downloadable software (including any files, proprietary Information, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software")). Unless a separate license exists for such Software, you agree to use the Software subject to the "Restrictions on Use" noted above. If a separate license applies to any Software, you agree to be bound by the terms and conditions applicable to such Software.

    p. Conflicts. If this Agreement conflicts or is inconsistent with a provision of any other contract between you and HDS, the provisions in this Agreement shall govern.

    q. Your Warranty. You represent and warrant that i) as of the date of acceptance by you of this Agreement; ii) you will use this Site solely for business purposes either for yourself or as directed by Company, and in accordance with the terms and conditions of the Agreement; iii) your Site Use will at all times be solely for the furtherance of the legitimate and authorized business relationship between HDS and Company; iv) you will not share your password with anyone; if representing Company; v) Company has authorized you to enter this Agreement, use the password, and use the Site, and vi) upon the termination of your employment by Company, you will send Notice to HDS and immediately cease all Site Use.



11. CONFIDENTIAL INFORMATION 

Your Site Use will give you access to HDS Confidential Information. In consideration of HDS disclosing such Confidential Information to you, you agree as follows:

    a. Non-Disclosure. You agree to maintain the Confidential Information received hereunder in strict confidence, utilizing the same degree of care that Company uses to protect its Confidential Information, and in no event less than reasonable care, and to not disclose such information to any third party or to any employees, co-workers, supervisors, or agents of Company without a need to know. You shall use the Confidential Information received hereunder only as agreed by HDS in a written document signed by a HDS executive.

    b. Remedies. You acknowledge and agree that violation of this Agreement may give rise to irreparable harm to HDS that may inadequately compensated in damages. In the event of any such violation or the threatened violation the Agreement, HDS shall be entitled to temporary, preliminary, and/or permanent injunctive relief, in addition to any other rights and remedies at law or in equity.

    c. Upon written request by HDS, or upon the termination of the Agreement, you shall immediately return, destroy, or purge (as directed by HDS) all Confidential Information, all copies thereof, and all copies of any analyses, compilations, studies, or other documents prepared by you, Company, or others containing, reflecting, or concerning any Confidential Information. You hereby expressly assign to HDS any and all rights you may have or acquire in such Confidential Information, and agree to execute all documents reasonably necessary (now or in the future) to effectuate such assignment.

    d. Other than as stated in section 3, no license is hereby granted directly or indirectly upon any Confidential Information, or any patent, copyright, or other proprietary or intellectual property right. You shall be relieved of all obligations under this section five (5) years after the termination or completion of the Agreement.

 

12. INTERACTIVE SERVICES

a. We may, from time to time, provide interactive services on the Site, including, without limitation:

    i) Chat rooms.

    ii) Bulletin boards.

   iii) Interactive services

b. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered,

c. We will do our best to assess any possible risks for users of the Site (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content Standards, whether the service is moderated or not.

d. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

e. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

f. Users of the interactive services can create groups in the News Hub, however, HDS may close or transfer groups or similar pages or remove content from them if the content violates the terms of this Agreement or the intellectual property rights of others.

g. Please note that ideas you post and information you share may be seen and used by other users of the News Hub, and HDS cannot guarantee that other users will not use the ideas and information that you make available. Therefore, we suggest that you do not post any ideas or information that you would like to remain confidential or that would infringe a third party’s rights if shared with the News Hub.

 

13. CONTENT STANDARDS

a. These Content Standards apply to Contributions and to any interactive services associated with it.

b. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.

c. Contributions must:

    i)  Be accurate (where they state facts).

    ii)  Be genuinely held (where they state opinions).

    iii)  Comply with applicable law in California and in any country from which they are posted.

d. Contributions must not:

    i)      Contain any material that is defamatory of any person.

    ii)    Contain any material that is obscene, offensive, hateful or inflammatory.

    iii)    Promote sexually explicit material.

    iv)    Promote violence.

    v)    Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

    vi)    Infringe any copyright, database right or trademark of any other person.

    vii)  Be likely to deceive any person.

    viii)  Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

    ix)    Promote any illegal activity.

    x)    Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

    xi)    Be likely to harass, upset, embarrass alarm or annoy any other person.

    xii)    Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

    xiii)  Give the impression that they emanate from HDS or a third party, if this is not the case.

    xiv)  Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

 

e. Suspension and Termination. We will determine, in our discretion, whether there has been a breach of the Content Standards through your use of the Site. When a breach of the Content Standards has occurred, we may take such action as we deem appropriate.

f. Failure to comply with the Content Standards constitutes a material breach of this Agreement and may result in HDS taking all or any of the following actions:

    i) Immediate, temporary or permanent withdrawal of your right to use the Site.

    ii)      Immediate, temporary or permanent removal of any posting or material uploaded by you to on the Site.

    iii)    Issue a warning to you.

    iv)    Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

    v)      Further legal action against you.

    vi)    Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

g. We exclude liability for actions taken in response to breaches of the Content Standards. The responses described in this section are not limited, and we may take any other action we reasonably deem appropriate.

 

14. DEFINITIONS

The following terms, when used in this Agreement, shall have the following meaning. Where a term is defined other than in this Glossary, the terms shall have the meaning so stated.

a. Agreement. The term "Agreement" shall collectively mean these Terms of Use as stated herein, including each and every term and condition of the Terms of Use.

b. Company. The term "Company" shall mean the entity to which HDS supplies a password for its Site Use.

c. Confidential Information. The term "Confidential Information" means all Content, and all Information disclosed by HDS in relation to your Site Use.

d. Content. The term "Content" shall mean all material and Information, in any form or media, contained in, obtained from, or relating to the Site, including all results obtained from the Site, the organization, gathering, graphics, design, software, compilation, trade dress elements, magnetic translation, digital conversion and other matters related to the Site, and all HDS proprietary information, trade secrets, copyrights, patents, trademarks, and any other intellectual property.

e. Content Providers. The term "Content Providers" shall mean and include HDS and third parties.

f. Content Standards. The term “Content Standards” means those standards set out under section 13 of this Agreement.

g. Contributions. The term “Contributions” means any and all material that you contribute to the Site.

h. News Hub. The term “News Hub” means any Internet site or page at URL newshub.hds.com together with any future domain or URL under which HDS provides similar services and Information on the Internet, the collection of HTML and other documents accessible at newshub.hds.com, any Information or sub-pages and all Content thereon.

i. HDS. The name "HDS" shall mean Hitachi Data Systems Corporation or Hitachi Data Systems Europe Holdings BV, as the context requires.

j. Including. The phrase "including," wherever used in the Agreement, shall mean "including, but not limited to."

k. Information. The phrase "Information" shall include all information disclosed or sent by one party to another, including but not limited to any data, documents, internet pages, materials, pictures, files, software, programs, scripts, resources, links, applets, screens, passwords, and personally-identifying information.

l. Linked Site. A "Linked Site" means any Internet site (including all content, information, data, and content thereon) not owned by HDS and/or operated by a third party.

m. Notice. The phrase "Notice" shall refer to the sending of notice or Information by you to HDS via certified mail, return receipt requested, to HDS at: Hitachi Data Systems Corporation, ATTN: HDS Academy 2845 Lafayette Street Santa Clara, CA 95050, USA. Any such Notice shall be deemed given 24 hours after such Notice is sent.

n. Third Parties. The term "Third Parties" means HDS direct or indirect licensors, HDS affiliates, subsidiaries, distributors, resellers, participating publishers, third party content or service providers, authors, dealers, suppliers, or sponsors.

o. Parties. The term "Parties" refers to HDS and you, collectively.

p. Privacy Policy. The phrase "Privacy Policy" refers to HDS official published policy, if any, describing HDS intended uses of your Information.

q. Revised Agreement. If the Agreement is modified in accordance with section titled "Modifications," for convenience in distinguishing the original Agreement from the modified Agreement, the modified Agreement may be referred to as the "Revised Agreement."

r. Site. The term "Site" means any Internet site, page, uniform resource locator (URL) or domain location of HDS (including but not limited to "hds.com", "http://www.HDS.com", the News Hub, any or future domain or URL under which HDS provides Information on the Internet), the collection of HTML and other documents accessible at HDS URL, any Information or sub-pages (including, for example, http://www.hds.com/legal/index.html), and all Content thereon.

s. Site Use. The term "Site Use" shall mean your use of and access to the Site, including accessing or using any Content, engaging in the activities in accordance with the above license grant, procuring any goods or services from the Site or any web site connected to (including via hyperlinks, or otherwise) the Site, your reliance on the Site or Content, transactions with HDS relating to the Site, or other activities you engage in relating to the Site.

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Hitachi Data Systems Privacy Policy and Terms & Conditions