We will endeavor to provide Customer with notice about major changes to the Terms or Product and other changes (via email to the address on Customer’s account), but we make no guarantees. Other changes could be, without limitation, changes to payment policies, security patches, added or removed functionality, and other enhancements or restrictions to the Product. Customer’s use of the Product after the Terms have changed constitutes Customer’s acceptance of the Terms as changed. Customer may reject changes to the Terms by terminating Customer’s subscription in accordance with the "Cancellation and Termination" section of these Terms. CA shall not be liable to Customer or to any third party for any change to the Product.
Please use the Product responsibly and in compliance with these Terms. If Customer does not comply with these Terms, we reserve the right to terminate Customer’s subscription in accordance with the "Cancellation and Termination" section of these Terms of Service.
1. Use of the Product, Pricing and Payment
The Product is licensed based on the number of data stream Packs set forth on the order form on the KnowThings site. A “data stream” means a collection of data associated with a unique message identifier. A “pack” means a prepackaged aggregation of data streams for purchase as set forth in the Pricing section of the KnowThings site. Data stream pack subscriptions can be purchased and shall be paid on a monthly basis in advance.
Customer is responsible for the security of Customer’s passwords and for any use of Customer’s account. Customer may not allow third parties to use the same account or otherwise use of access the Product in a manner intended to avoid incurring fees. Customer is responsible for obtaining access to the Product and that access may involve third party fees (such as Internet service provider or airtime charges). Customer is responsible for those fees. In addition, Customer must provide and is responsible for all equipment necessary to access the Product.
Customer and/or Customer’s users may not use the Product:
2. Cancellation and Termination
You can cancel your Product subscription, account, and access to the Product, via the customer portal on the KnowThings site. If Customer paid for Customer’s subscription, CA is not obligated to provide any refunds regardless of the reason for termination or by whom. Upon cancellation or termination of Customer’s subscription for any reason, Customer will not be charged again for the cancelled subscription. If Customer’s subscription or account is cancelled or terminated by CA for Customer’s breach of these terms before the end of the current paid-up month, Customer’s cancellation will take effect immediately. Upon cancellation or termination of the Customer’s subscription, Customer agrees to promptly return, destroy, and discontinue use of the Product and all related materials as instructed by CA.
Customer agrees that CA, in its sole discretion and for any or no reason, may terminate or suspend Customer’s account. Customer agrees that any termination of Customer’s access to the Product may be without prior notice, and Customer agrees that CA will not be liable to Customer or any third party for such termination. If Customer paid for Customer’s subscription, and CA did not terminate or suspend Customer’s account due to Customer’s breach of these Terms, Customer shall be entitled to use the Product through the end of any current monthly subscription term.
3. Customer Data
4. Ideas and Feedback
As part of Customer’s use of the Product, Customer may choose, or we may invite Customer, to submit comments, feedback or ideas about the Product, including but not limited to ideas about improving the Product or our other offerings ("Ideas"). Customer hereby grants CA a perpetual, royalty-free, unlimited, worldwide license to use and/or incorporate such Ideas into any CA offering (including the Product) at any time in CA’s sole discretion. Ideas Customer submits will not be afforded any confidential treatment by CA, regardless of whether Customer requests such treatment or otherwise designates Ideas as proprietary or confidential.
5. License and Restrictions
Subject to and conditioned upon Customer’s agreement to and compliance with these Terms, we will make the Product available to Customer on a subscription basis solely for Customer’s own use and not for resale or to provide services to any third party.
Excluding Third Party Sites and their related content, if any, all of the content available on or through the Product, including without limitation, text, photographs, graphics, logos, trade/service marks, and/or audiovisual content, but expressly excluding Customer Data, is owned and/or controlled by CA, its licensors or Product users and is protected, as applicable, by copyright, trademark, trade dress, patent, and trade secret laws, other proprietary rights, and international treaties. Customer acknowledges that the Product and any underlying technology or software used in connection with the Product contain CA’s proprietary information.
Customer will not, nor will Customer attempt to (or allow anyone else to or attempt to):
6. Monitoring of Content.
Customer understands that CA may access and disclose customer data or otherwise provide third parties access to it for the following reasons:
By accepting these terms, you acknowledge that KnowThings will collect diagnostic and usage data, which KnowThings will automatically send back to CA. The data KnowThings sends to CA will allow us to better understand how you’re using KnowThings, to improve our products and services, and to provide you with feedback about your use of our products. The diagnostic and usage data may include but is not limited to (i) the number of AVDs (product artifacts) run since the last data collection and the number of data streams in those AVDs; and (ii) how often a particular installation of the Product is used.
7. Maintenance and Support
From time to time, we may also provide support services, but you hereby acknowledge that we have no obligation to provide or continue such support services. If we choose to provide any support services to you, your use of such support services will be governed by our policies then in force. By providing us with any technical or other information in connection with the Service or any support services, you thereby grant to us a worldwide, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, paid-up, irrevocable right (including moral rights) and license to use such information for our business purposes, including but not limited to providing support for the Service and developing features for the Service and other CA product offerings.
8. Disclaimer of Warranties
IF CUSTOMER ACCESSES THE PRODUCT, CUSTOMER DOES SO AT CUSTOMER’S OWN RISK. WE PROVIDE THE PRODUCT “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE PRODUCT, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE PRODUCT IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET CUSTOMER’S REQUIREMENTS. WE DO NOT GUARANTEE THAT CUSTOMER WILL BE ABLE TO ACCESS OR USE THE PRODUCT (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF CUSTOMER’S CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY OTHER USERS OF THE PRODUCT OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE PRODUCT. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CA MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE PRODUCT OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. CA DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE ERROR-FREE, THAT ERRORS IN THE SERVICE WILL BE FIXED, OR THAT LOSS OF DATA WILL NOT OCCUR. UNDER NO CIRCUMSTANCES WILL CA, ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, AND/OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY CUSTOMER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE.
9. Limitations on Liability
CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF CUSTOMER’S USE OF THE PRODUCT. IN NO EVENT SHALL WE BE LIABLE TO CUSTOMER (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH CUSTOMER) FOR ANY DAMAGES WHATSOEVER, INCLUDING, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES ARISING FROM CUSTOMER’S USE OF OR INABILITY TO USE THE PRODUCT, WHETHER ON-LINE OR OFF-LINE, OR OTHERWISE IN CONNECTION WITH THE PRODUCT. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY PERSONAL INJURY OR PROPERTY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. CA’S LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE FEES CUSTOMER PAID CA IN THE TWELVE MONTHS PRIOR TO THE DATE THE CLAIM AROSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Customer agrees to hold harmless and indemnify CA, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) Customer’s breach of the Terms, (b) Customer’s use of the Product, (c) Customer’s violation of applicable laws, rules or regulations in connection with the Product, or (d) Customer Data, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, CA will provide Customer with written notice of such claim, suit or action.