1. Use of Site Information
The information, software, documentation, data, services, logos, trademarks, artwork, text, video, audio, pictures and other materials (collectively, "Materials") contained on the Site are owned by Serena and/or its suppliers and are protected by law, including copyright and trademark laws and international treaties. Serena and/or its suppliers reserve all rights in the Materials.
Nothing on the Site shall be construed as conferring any license to Serena's or its suppliers' intellectual property rights, whether by implication, estoppel or otherwise. Except as provided below, or as specifically permitted in other sections of the Site, you may not reproduce, republish, post, transmit or distribute any Materials on the Site.
You may print or download Materials from the Site for your own personal, informational, educational and other non-commercial purposes only, provided that you include all copyright and proprietary notices originally included with or contained in the Materials in all copies you create. You may not attempt to "pass-off" any of the Materials as your own. You may not post the Materials on any other Web site, or display or distribute the Materials without the express prior written consent of Serena.
2. Communication with Serena
By emailing or otherwise transmitting content to Serena, you automatically grant (or warrant that the owner of such rights has expressly granted) Serena a worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit, distribute, and make derivative works based on such content in any form, medium, or technology now known or later developed. In addition, you warrant that all moral rights in the content have been waived.
3. Passwords and Security
If you are required to complete a registration process to enter a portion of the Site, you will provide us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Serena immediately of any unauthorized use of your account or any other breach of security. Serena will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Serena or another party due to someone else using your account or password. You may not use anyone else's account at any time, without Serena’s prior written permission.
4. Termination of Use
You agree that Serena may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Serena.
5. Links To Third Party Web Sites
Links to third party Web sites on this Site are provided as a convenience to you. Such third party sites are not under Serena’s control, and Serena does not assume any responsibility or liability for any communications or materials available at such linked sites. Serena does not intend links on the Site to be referrals or endorsements of the linked entities or their products.
7. Note About Minors
Minors are not eligible to use the Site, and Serena asks that they do not submit any personal information to Serena. By using the Site, you represent that you are at least 18 years old.
8. Export Restrictions/Legal Compliance; International Use
Services, content, and product derived or obtained from this Site may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by U.S. or your local laws; (b) not use Materials or direct product from this Site to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide services, content, or direct product from this Site to prohibited countries and entities identified in the U.S. export regulations.
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all applicable local laws. We make no representation that the Materials are appropriate or available for use in all locations outside of the United States. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Serena business contact for information regarding the products, programs and services that may be available to you.
9. Contact Information
10. Disclaimer of Warranty
THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Serena's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. Serena further does not warrant the accuracy or completeness of the Materials or services at this Site. Serena may make changes to the Materials and services at this Site, or to the products and prices described therein, at any time without notice. The Materials and services at this Site may be out of date, and Serena makes no commitment to update the Materials and services at this Site. Where applicable law does not allow the exclusion of implied warranties, this exclusion applies to you to the fullest extent permitted by law.
11. Limitation of Liability
IN NO EVENT WILL SERENA, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SERENA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS OR EXCLUSIONS APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
12. DMCA Policy
If you are notifying us of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC section 512:
Designated Agent for Notification of Claimed Copyright Infringement
Name: Edward Malysz, SVP and General Counsel
Address: Serena Software, Inc.
1900 Seaport Boulevard, Second Floor, Redwood City, CA 94063
You agree to defend, indemnify and hold harmless Serena and its officers, directors, principals, employees, contractors, agents and affiliates harmless from and against any and all demands, claims, damages, losses, costs and expenses, including, without limitation, reasonable attorneys’ fees and costs of suit, arising or resulting from your use or misuse of the Site or Materials.
14. Serena Confidential Information
By establishing an account to access Serena Connect or Serena Support you accept the terms of this paragraph. Materials made available to you by Serena through Serena Connect or Serena Support may constitute Confidential Information of Serena. For purposes of this paragraph, Confidential Information means any confidential, proprietary and trade secret information of Serena or its subsidiaries, including, without limitation, any user documentation and manuals applicable to Serena’s products, technical support information, product roadmaps and such other information that is either identified as confidential or is of a nature that a reasonable person would conclude the information is confidential or proprietary information of Serena. You agree to keep the Confidential Information strictly confidential at all times. You agree not to use the Confidential Information for any technical, development, support, marketing or other commercial purpose, or disclose, distribute or divulge any of the Confidential Information directly or indirectly to any person or entity, without the prior written consent of Serena. In no event shall any Confidential Information be used for product comparisons or benchmarking purposes. No license to any trademark, patent, copyright or other intellectual property right is either granted or implied by Serena’s disclosure of the Confidential Information. All Confidential Information shall be and remain the sole and exclusive property of Serena.
15. General Terms and Conditions
15.4 The Site may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements may include statements regarding market expectations and opportunities, expectations about financials, research and development and strategies, statements concerning Serena's roadmaps, market share growth, and product and service development and introduction, and our continuous evaluation of the competitiveness of our product and service offerings. These forward-looking statements are just predictions and involve risks and uncertainties. Actual results may differ materially from results discussed in the forward-looking statements. Factors that may cause such a difference include risks related to adverse changes in general economic conditions, failure to reduce costs, lack of success in technical advancements, the timely development, production and acceptance of new products and services, and Serena's ability to compete in a highly competitive and rapidly changing marketplace. For a detailed listing of the potential factors affecting Serena's business and these forward-looking statements, please refer to Serena's periodic reports on Forms 10-Q and 10-K that are filed with the Securities and Exchange Commission.
© 2010 SERENA Software, Inc. All Rights Reserved.
Revised: September 4, 2007