Additional Terms of Use for Serena Connect Forums

 
The Serena Connect forums are owned and maintained by Serena Software, Inc. (“Serena”), and include the holiday mashup application "Mashup You and Yours".  The Serena Connect forums are governed by the standard terms of use of the Serena website (http://www.serena.com/company/terms-of-use.html) and this set of additional rules below, together constituting the forum Terms of Use (TOU).  These TOU are used to promote a service that is useful and pleasant for our customers.

1. Acceptance of Terms

By accessing Serena Connect, or any materials through Serena Connect, you agree to the terms and provisions of these TOU.  If you do not agree to these TOU, do not access or use Serena Connect.  If you are accessing Serena Connect on behalf of your employer, you represent that you are authorized to accept these TOU on your employer’s behalf.   Serena may change these TOU periodically by posting the revised TOU and you agree to review these TOU periodically to be aware of any changes.  Your continued use of Serena Connect after any changes to these TOU are posted shall mean you accept such changes.  If you do not agree to these TOU or any modified TOU at any time, immediately cease using Serena Connect.  Serena reserves the right to modify or discontinue any feature or services available on this forum at any time. 

2. Serena Connect Content

You understand that all information, data, text or other materials available on Serena Connect (“Content”) are the sole responsibility of the person from which such Content originated.  This means that you, and not Serena, are entirely responsible for all Content that you upload, post, transmit or otherwise make available on any Serena Connect forum.  Serena does not control the Content posted via these forums and, as such, does not guarantee the accuracy, integrity or quality of such Content.  You acknowledge that Serena is not liable for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss of damage of any kind incurred as a result of the use of any Content made available via any forum.

You acknowledge that Serena does not pre-screen any Content, but that Serena shall have the right (but not the obligation) in its sole discretion to refuse or remove any Content available via the forums.  You acknowledge that you bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content.

3. Serena Connect Conduct

You may not post, transmit, e-mail, re-transmit or store material on or through Serena Connect forums which, in Serena’s sole judgment: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by you.  By way of example (and not limitation), the following uses described below are expressly prohibited:

a. No Disparaging Remarks
Disparaging remarks will not be tolerated.  When encountered, offending Content will be immediately deleted and the offenders will be given a warning not to repeat it.  If they do not heed that warning, their access to Serena Connect will be removed permanently.  Disparaging remarks are those that denigrate people, places, companies, products, social entities, and other identifiable classes in a serious and personal manner.  Light bantering on the merits of things like the current news items about Microsoft maybe fun, but they don't really belong on a service designed to be a vehicle of assistance for Serena customers.

b. No Foul and/or Abusive Language
No instance of foul and/or abusive language will be tolerated.  Messages encountered containing such language will be deleted immediately.  The initiator of any offensive message will be warned not to repeat the action, and Serena may revoke his/her privilege to access the forum.

c. Shouting, Excessive Exclamation and/or Emphasis is Discouraged
The use of shouting (messages, or partial messages, all in caps) should not be used.  Similarly, excessive Exclamation or Emphasis (such as text or enlarged lines of exclamation points) in messages should not be used.  Messages containing these may be deleted at the discretion of Serena, depending upon their overall value.  Offenders will be warned against this practice and habitual offenders may have their access to the forum revoked.

d. Inappropriate Material
The posting of stolen software, pornography, and other inappropriate materials (including links) will cause the message to which they are attached to be removed without notice.  Additionally, the persons who posted the message, including the offending file, will be warned if for minor offenses or will have their Serena Connect access privileges revoked if for serious offences. 

e. Virus
Files that you are planning to attach to forum messages should be checked for viruses to ensure that they are free of detectable virus strains. Any file that is found to contain a virus will be deleted without notice.  Any users who have made an obvious attempt to pass along a virus with the intent to infect the systems of the other users will have their access to the forum revoked.  You agree that you are responsible for any viruses contained in the files that you post to a forum and agree to indemnify others who are damaged by a virus contained in a file posted by you.

4. IP Rights, Ownership and Confidentiality of Content and Files

You agree not to upload, post, or otherwise make available any Content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any other party.  In addition, you agree not to upload, post or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.  Any and all files that are appended to messages within a Serena Connect forum must be owned by you or be ones that you have proper legal authority to make public.  You agree that you are responsible for any files you post to a forum and agree to indemnify others who use the files that you post against any liability that arises from such use. 

By making any posting, you grant Serena an irrevocable, worldwide right in all languages and in perpetuity to use and exploit all or any part of your posting for any purpose.  Serena may publish and distribute any such posting at Serena’s sole discretion by any method now existing or later developed.

Furthermore, you acknowledge that any Content you make available to a Serena Connect forum can be accessed by other users of the forum, and that Serena is not responsible for any loss of confidentiality of any Content you make available on a Serena Connect forum.

5. Serena Participation on the Forum

Serena representatives may at their discretion join in forum discussions.  Serena representatives may look at the forum from time to time to check for derogatory remarks or offensive language, but forum users should assume that Serena Connect forums are for customers to communicate with each other and a Serena representative is not participating.  If the issue that you are posting to a Serena Connect forum is critical in nature, then please submit the issue directly to Serena Customer Support by following procedures described on http://support.serena.com.  Serena may contact a forum user directly to take any forum issue off-line and work directly with the user via the phone.  When a resolution/answer has been determined, it may or may not be posted back out to the message thread, at Serena’s discretion.

6. Removal of Users from the Forum Service

Serena reserves the right to remove any user's access to Serena Connect forums for any of the following reasons:

• Habitual violation of the Serena Connect rules described above.
• Spamming other members of the forum service with any sales promotions, head hunting activities, or other significant obtrusive behavior.
• At Serena’s discretion.

7. Serena Customer Support and Information About Previously Released Products

Serena customers who are current on maintenance have access to Serena documentation and support through their licenses with Serena.  Serena products are supported through the official Serena Customer Support site, which is provided by Serena at http://support.serena.com, and not through Serena Connect forums. 

Serena Connect forum entries for products that have been superseded will be removed from posting after a product release has been replaced by a later release of the same product or by the release of a wholly new product. If Serena determines that there is important issue information that should be kept, the information may be included in the Customer Support knowledgebase.

8. Content Longevity, Archival and Reuse

Content that is posted to a Serena Connect forum will be kept on the forum based primarily upon its perceived usefulness.  You acknowledge and agree that Serena may preserve and reuse any Content you may submit to a Serena forum, including, but not limited to, use in the Customer Support knowledgebase. 

Content of most significance may be copied or summarized and published as part of the Customer Support knowledgebase.  Content that is deemed to be of limited value (e.g., easily found answers for previous product versions) will be removed from the forum after a reasonable time of availability, as determined by Serena.

Serena reserves the right to remove any Content at its discretion.  Messages will normally be removed when the subject of the messages has no lasting value, when the information within the messages has been captured and published in the Customer Support knowledgebase, or when the subject of the messages pertains to superseded products for which newer releases resolve the posted issue(s).  Messages will also be immediately removed should they not follow the forum rules.

9. Free Trials

Any software made available as part of pre-release free trials may contain incomplete functionality, bugs, defects and errors and should not be expected to function fully when used.  Versions of the software that are later formally or commercially released may not be similar to the pre-release free trial software.  If you use pre-release free trial software to process data, your data may not be saved.  Serena has the right to use for any purpose, at its sole discretion, any and all information users post about pre-release free trial software on Serena Connect forums.  Such use may include, for example, changes, modification, corrections and enhancements to the pre-release free trial software or commercially released versions of the software that are licensed, assigned or transferred to third parties.

Serena has no obligation to correct any bugs, defects or errors in pre-release free trial software or to otherwise support or maintain pre-release free trial software.  Serena may, at its discretion, monitor postings and/or provide information on Serena Connect forums regarding pre-release free trial software.

10. Warranty

The Content posted on Serena Connect forums is made available on an “as-is” and “as-available” basis.  Each forum user can use or modify any Content to support each user’s own requirements.  Serena does not guarantee the suitability or accuracy of Content posted on any forum, and will be held responsible for its use in any way.

Please also refer to Section 10 (Disclaimer of Warranty) of the standard terms of use of the Serena website (http://www.serena.com/company/terms-of-use.html).

11. Limitation of Liability

While Serena will attempt to remove any objectionable Content as quickly as possible, it is impossible to review all Content made available on all Serena Connect forums.  Therefore you acknowledge that all posts made to a Serena Connect forum are expressly the opinions of the authors and not Serena, and Serena will not be held liable for the options of authors who are not Serena employees. 

Please also refer to Section 11 (Limitation of Liability) of the standard terms of use of the Serena website (http://www.serena.com/company/terms-of-use.html).

If you have questions about the forum service, please send a message to legal@serena.com

© 2007 SERENA Software, Inc. All Rights Reserved.
Revised: September 4, 2007