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Terms of Use

NetScout User Forum-Online Community Terms of Use

Welcome to the NetScout User Forum-Online Community (“Community”).  The Community includes all of the spaces and documents that make up the mynetscout.com site, social.netscout.com and mysite1.netscout.com, its site administrators or employees, and/or e-mails offered as part of the Community. As a member, you can exchange information, questions and comments with other Community members.  Following common rules will make the interaction a positive and worthwhile experience for everyone. Our goal is to treat every member fairly and with respect, and to make sure the Community provides a productive and effective experience. We have established certain terms of use for the benefit of you, other members and NetScout.  Use of software provided through the Community is subject to the terms and conditions provided with the software.

Note that we may periodically review and update these terms of use, so you should check them periodically. Your continued use of the Community after we make changes to these terms of use constitutes your consent to abide by the revised terms. Let us know if you are not willing to participate in accordance with the terms of use and we will deactivate your user name and password.

Rules.

Before you create an account, you must read and agree to the terms and conditions outlined below.  By creating an account, you agree to these terms and conditions.  If you do not accept and abide by these terms and conditions, you may not participate. NetScout reserves the right to change these terms and conditions from time to time at its sole discretion. These terms and conditions apply to all visits to the Community, both now and in the future. In the event of any inconsistency between these terms of use and the general NetScout website terms of use, the Community terms of use shall control.

Behavior in the Community

· You must always participate in the Community as yourself and when applicable, correctly identify any affiliation you have with another organization. You must not impersonate any other person or misrepresent your affiliation with any organization. NetScout employees contribute as individuals and do not represent NetScout official positions, opinions, statements or policies.

· NetScout is concerned about the privacy of its Community Members. You agree that you have read and understand NetScout’s privacy terms, both of which are hereby incorporated by reference and apply to your use of the Community.

· If the Community makes certain online space available to you, that space is personal to you, and you may not sell, license, exchange, or barter that space for any purpose.

· You agree not to upload, email, post, publish or otherwise transmit through any Community content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene;(e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; (g) is designed to provoke a negative response from one or more specific users (e.g.,"trolling"); or (h) violates any applicable laws or regulations.

· NetScout may, but shall not be obligated, to monitor or review the Community where users transmit or post communications solely or with others.

· NetScout reserves the right to remove content from the Community that in its sole discretion deems in violation of these terms of use.

· You may not use the Community for commercial purposes.

· You shall not distribute or otherwise publish any content containing a

solicitation of funds, promotion, advertisement, solicitation for goods or services, or other commercial matter.  You agree not to solicit other users of the Community to use or join or become members of any commercial online or offline service or other organization.

· You shall not collect or store personal data about other users unless NetScout gives you express written permission to do so.

· You may not post any instructions, software or other materials that would allow Community users or third parties to harm other users' computers or to inappropriately access software or websites. Do not post any computer programs that contain destructive features, such as viruses, worms or Trojan horses. In addition, you shall not employ any type of ‘bots’ for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.

· NetScout is not responsible for the use of anything on the Community, or what you say or post in the Community.

· If you post any content to the Community, you are solely responsible for retaining a back-up copy of such content. NetScout is not responsible for any alterations, deletions or loss of any content you post to the Community.

· Some Community users may post links to other websites. NetScout is not responsible for the content of other websites associated with these links. You use the content at such links at your own risk.

· You are responsible for any actions you may take based on information or

advice you receive while within the Community. The decision to share information or conduct transactions with anyone is your own, please conduct your own research prior to making any decisions.

· Information exchanged in the Community is not confidential.

· NetScout is concerned about the privacy and security of personal information we may have collected from you and has taken reasonable steps to prevent unauthorized access to that information. You are responsible for maintaining the confidentiality of any password(s) you receive to access the Community, and are fully responsible for all activities that occur under your password(s). Please note that the Community has a single sign on feature that works on my.netscout.com, social.netscout.com and mysite1.netscout.com. This means that during a single web browser session, if you successfully authenticate using your user name and password to any one of these sites, you will be able to access the other two sites without the need re-enter your user name and password. You agree to notify NetScout immediately of any unauthorized use of your password(s).

You must provide current, accurate, and complete information about yourself that may be required as part of the account creation process and/or continued use and participation in the Community. You must maintain and promptly update any account information provided to NetScout to keep it accurate, current and complete.

Termination of Use

You agree that NetScout may, in its sole discretion, at any time terminate your access to any NetScout site and any account(s) you may have in connection with the Community. NetScout may, but has no obligation, to monitor use of the Community.

Third Party Web Sites, Content, Products and Services

The Community may provide links to other web sites and access to content,products and services from third parties, including users, advertisers, affiliates and sponsors of the Community. You agree that NetScout is not responsible for the availability of, and content provided on, third-party web sites. You should refer to the policies posted by other web sites regarding privacy and other topics before you use them. You agree that NetScout is not responsible for third party content accessible through the Community, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that NetScout is not responsible for: (a) the quality of third-party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that NetScout is not responsible for any loss or damage of any sort you may incur from dealing with any third-party.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, ALL NETSCOUT SITES, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THESE SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NETSCOUT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NETSCOUT MAKES NO WARRANTY THAT: (A) NETSCOUT WEBSITES INCLUDING THAT THE COMMUNITY WILL MEET YOUR REQUIREMENTS; (B) NETSCOUT WEBSITES INCLUDING THE COMMUNITY WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY NETSCOUT WEBSITE OR ANY SERVICES OFFERED THROUGH NETSCOUT WEBSITES INCLUDING THE COMMUNITY WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH YOUR USE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. NETSCOUT SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

Limitation of Liability

IN NO EVENT SHALL NETSCOUT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold harmless NetScout, its officers,directors, employees and agents from and against any and all claims, liabilities,damages, losses or expenses, including reasonable attorneys' fees and costs, arisingout of or in any way connected with your and/or your agent’s access to or use of any NetScout Community web site.

Compliance with Applicable Law/ Export Restrictions/

You may not access, download, use or export the content, software, products or services provided on the Community in violation of any country’s export laws or regulations or any other applicable laws or regulations.

Feedback Ownership and Content License

Any information provided to NetScout regarding NetScout products and services shall be provided by the submitter and received by NetScout on a non-confidential basis and deemed the property of NetScout. By submitting any such information to NetScout, you agree to a no-charge assignment to NetScout of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the information. NetScout shall be free to use such information on an unrestricted basis. For any other content, by uploading, emailing, posting, publishing or otherwise transmitting content to the Community or submitting any content to NetScout, you automatically grant (or warrant that the owner of such rights has expressly granted) and all other Community members a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.

Applicable Law

All matters relating to your access to, and use of, the Community shall be governed by US federal laws or the laws of the Commonwealth of Massachusetts. Any legal action or proceeding relating to your access to, or use of, the Community shall be instituted in a state or federal court in Boston, Massachusetts. You and NetScout agree to submit to the jurisdiction of, and agree that the venue is proper in, these courts in any such legal action or proceeding.

Copyright/Trademark Information

http://www.netscout.com/company/Pages/copyright.aspx

NetScout prohibits use of any NetScout trademark or formal product name as a "hot" link from any third-party website back to any NetScout website unless NetScout approves such use in writing.

To report a violation of these terms, please visit

https://social.netscout.com/login/Pages/help.aspx  .