TERMS & CONDITIONS:
These terms and conditions ("Agreement") shall apply to the use of certain copyrighted materials, such as images and other product shots owned by Riverbed Technology, Inc. ("Copyrights") and for the use of certain logos, trademarks and service marks owned by Riverbed Technology, Inc. ("Trademarks" and collectively with Copyrights, the "Materials"). These Materials are provided to you under license by Riverbed Technology, Inc. ("Riverbed"). This Agreement constitutes the agreement between Riverbed and you with respect to the use of such Materials, to the exclusion of any pre-printed or contrary terms of any other agreement and supersedes and cancels any prior discussions, understandings or representations between the parties. This Agreement may not be modified or waived, except by a mutual signed writing.
If you download any Materials from this site, you agree to be bound by this Agreement as well as the specific guidelines related to the Materials you wish to download. You may not sell, alter, modify, license, sublicense, copy, or use the Materials in any way other than has been specifically authorized by Riverbed in the Riverbed Logo Guidelines, located at http://www.riverbed.com/docs/Logo-Guideline-Riverbed.pdf.
1. Trademarks
A. Any use of the Trademarks requires Riverbed's prior written approval. You hereby acknowledge and agree that absent Riverbed's prior written consent, you shall have no right to, and no right to authorize others to, use the Trademarks, except as expressly set forth herein. As a condition of the rights and license granted herein, you shall use the Trademarks in accordance with the quality control guidelines that may be established or approved by Riverbed from time to time, including as set forth herein.
B. Prior to the first use of a Trademark in any promotional material or otherwise, you shall submit to Riverbed representative samples of such use of the Trademark by sending a copy of such samples to trademarks@riverbed.com and shall obtain Riverbed's written approval prior to any use of such Trademark(s). Riverbed shall approve or disapprove such use within ten (10) business days of Riverbed's receipt of such sample. Any Trademark not receiving specific approval or disapproval by Riverbed by the expiration of such ten (10) business day period shall be deemed approved. In no event shall you alter or modify the approved use of a Trademark from the use approved by Riverbed.
C. You must remedy any deficiencies in your use of the Trademarks immediately upon notice. You may not use or reproduce the Trademarks in any manner other than as expressly permitted hereunder. You must use the Trademarks only in the exact form of approved camera-ready or electronic artwork received from Riverbed. You may not use the Trademarks in any manner reasonably likely to interfere with, diminish, dilute, disparage or tarnish Riverbed's rights in the Trademarks or Riverbed, either during the term of this Agreement or after. You shall not (i) challenge Riverbed's ownership or use of the Trademarks; (ii) attempt to register the Trademarks; (iii) remove, alter or add to the Trademarks; or (iv) incorporate the Trademarks into your product names, service names, company names, domain names, or any other similar designations. Your use of the Trademarks inures to the sole benefit of Riverbed. If you acquire any rights in, or trademark registrations or applications for the Trademarks by operation of law or otherwise, you will immediately assign such rights, registrations or applications to Riverbed along with any and all associated goodwill.
2. Copyrights
A. Riverbed product shots are images of Riverbed product, including Steelhead appliances. You may not use these Copyrights on third-party software packaging, but you may use these Copyrights without Riverbed's written permission in advertising, on documentation (including educational brochures), in tutorial books, in videotapes or on websites, provided you adhere to the following guidelines:
- Your use may not be obscene or pornographic, and may not be disparaging, defamatory, or libelous to Riverbed, any of its products, or any other person or entity.
- Your use may not directly or indirectly imply Riverbed sponsorship, affiliation, or endorsement of your product or service.
- You may not use the product shot in a comparative advertisement.
- You may not use any of Riverbed's product shots as a link to your website.
- You may not alter the product shot in any way except to resize the entire product shot. Your use must contain the entire product shot. Any images contained within the product shot (i.e., the Riverbed trademark) cannot be used independently of the entire product shot.
- You must include the following copyright attribution statement: "Riverbed product shot(s) reprinted with permission from Riverbed Technology, Inc."
B. If your use meets the above criteria, no further written permission is required. For use by the press in articles or other news reports, please send an email to logousage@riverbed.com. All other uses require written permission from Riverbed, including use of box shots in or on a television program, movie, or commercial. If written permission is required, please write an e-mail and send it to trademarks@riverbed.com. Please allow two weeks for your request to be processed.
3. You acknowledge that Riverbed reserves the right to revoke the authorization to view, download, and print the Materials available on this site at any time, and for any reason; and such authorization shall be deemed to be discontinued immediately upon the removal of these Materials from the site.
4. You acknowledge that any rights granted to you constitute a license and not a transfer of title. You do not obtain any ownership right, title, or other interest in Riverbed Copyrights or Trademarks by downloading, copying, or otherwise using these Materials.
5. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL RIVERBED OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF REVENUE OR PROFIT OR FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, WHETHER BASED ON TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHER LEGAL OR EQUITABLE GROUNDS EVEN IF RIVERBED HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. ANY MATERIALS ARE PROVIDED ON AN "AS IS" BASIS. RIVERBED SPECIFICALLY DISCLAIMS ALL EXPRESS, STATUTORY, OR IMPLIED WARRANTIES RELATING TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO THOSE CONCERNING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS REGARDING THE MATERIALS.
6. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Riverbed to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Riverbed's rights with respect to such breach or any subsequent breaches. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without Riverbed's consent, and any action or conduct in violation of the foregoing shall be void and without effect. You hereby agree that you have truthfully submitted to Riverbed the requested information regarding your identity, address and other contact information prior to the use or download of any of the Materials. Riverbed expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California, without reference to the UN Convention on the International Sale of Goods. Unless waived by Riverbed in a particular instance, the sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in California, and each party hereby consents to the jurisdiction of such courts for any such dispute. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees.
NOTICE: NO INTELLECTUAL PROPERTY RIGHTS ARE TRANSFERRED. PLEASE CONTACT RIVERBED TECHNOLOGY AT (415) 247-8800 WITH ANY QUESTIONS.
©2009 Riverbed Technology. 199 Fremont Street, San Francisco, CA 94105 USA. All rights reserved. Riverbed Technology, Riverbed, Steelhead, RiOS, and the Riverbed logo are trademarks or registered trademarks of Riverbed Technology. All other trademarks used or mentioned herein belong to their respective owners.
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