Please Read Carefully Before Using This Website: The following terms and conditions (“Terms of Use”) govern your use of the Elasticsearch. (“Elasticsearch”) Website (the “Site”). By using the Site and/or any information, content or materials made available on the Site, you irrevocably agree that such use is subject to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site.

Elasticsearch expressly reserves the right to modify the Terms of Use at any time in its sole discretion, and without notice to you, by including such alteration and/or modification in these Terms of Use. Any continued use by you of the Site after the posting of such modified Terms of Use shall be deemed to indicate your irrevocable agreement to such modified Terms of Use. Accordingly, if at any time you do not agree to be subject to any modified Terms of Use, you may no longer use the Site.

Site Content

  1. Elasticsearch Content: Except as may be otherwise noted, the information, materials (including, without limitation, HTML, text, audio, video, white papers, press releases, data sheets, product descriptions, software and FAQs and other content) available on or from this website (collectively, “Elasticsearch Content”) are the copyrighted works of Elasticsearch and its licensors, and Elasticsearch and its licensors expressly retain all right title and interest in and to the Elasticsearch Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms of Use, any use of the Elasticsearch Content may violate copyright and/or other applicable laws.
  2. Third Party Content: In addition to Elasticsearch Content, the Site may contain information and materials provided to Elasticsearch by third parties (collectively, “Third Party Content”). Third Party Content is the copyrighted work of its owner, which expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Use, Third Party Content may also be subject to different and/or additional terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.
  3. Limited Site Content License: Except as provided in Section 1.4 below, Elasticsearch grants you the limited, revocable, non-transferable, non-exclusive right to use the Site and the associated Elasticsearch Content and Third Party Content (collectively, “Site Content”) by displaying the Site Content on your computer, and downloading and printing pages from the Site under the condition that (i) such activity is solely for your personal, education or other non-commercial use, (ii) you do not modify or prepare derivative works from the Site Content, (iii) you do not obscure, alter or remove any notice of copyright set forth on any Site pages or Site Content, (iv) you do not otherwise reproduce, re-distribute or publicly display any of the Site Content and (v) you do not copy any Site Content to any other media or other storage format.
  4. User Content: If you elect to display, post, submit or otherwise make available to others, on the Site any content or works of authorship, including, without limitation, images, software, audio files, text, or any other materials (collectively, “User Content”), you hereby grant to Elasticsearch a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute such User Content, for any purpose. In addition, you hereby irrevocably represent and warrant to Elasticsearch that (i) you have all necessary power, authority, right, title and/or licenses to grant to Elasticsearch the foregoing right and license and (ii) the posting, submission, display by you of User Content on the Site, and the exercise by Elasticsearch of the foregoing license does not and will not (1) violate any law or (2) infringe any intellectual property right of any third party. You hereby irrevocably agree to indemnify, defend and hold Elasticsearch, its affiliates, directors, officers, employees and agents harmless from and against any and all loss, costs, damages, liabilities and expenses arising out of or related to any third party claim resulting from a breach of the foregoing representations and warranties.
  5. Software: To the extent that the Site contains Elasticsearch Content or Third Party Content that is software available for download (“Software”), such Software is subject to, and your use of such Software is governed by, an applicable license agreement (each a “License Agreement”) accompanying, provided with, linked to or embedded in, such Software. You may not use any Software unless you first read and agree to all of the terms and conditions of the applicable License Agreement. ANY SOFTWARE AVAILABLE ON THE SITE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT, OR TO THE EXTENT NOT PERMITTED UNDER APPLICABLE LAW, ELASTICSEARCH EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
  6. Trademarks: All trademarks, service marks and logos included on the Site (“Marks”) are the property of Elasticsearch or third parties, and you may not use such Marks without the express, prior written consent of Elasticsearch or the applicable third party.
  7. Monitoring of Site Content: Elasticsearch may, but is not obligated to, monitor Site Content, User Content and your use of the Site. Elasticsearch reserves the right to accept, reject or modify any Site Content or User Content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any Site Content or User Content.

Your Use of the Site

  1. Submission of User Content: In connection with your use of the Site, you agree not to submit any User Content which (i) is unlawful, (ii) violates any right of publicity or invades the privacy of others, (iii) constitutes obscene, pornographic, indecent, profane or otherwise objectionable material, (iv) is discriminatory, hateful or bigoted toward, or abusive of, any group or individual, (v) is libelous or defamatory or (vi) violates any applicable law or government regulation.
  2. Prohibited Conduct: You may not use the Site to post, transmit or link to (i) any advertisement, promotional materials or solicitation related to any product or service that is competitive with Elasticsearch products or services or (ii) software or programs which contain any harmful code, including, but not limited to, viruses, worms, time bombs or Trojan horses. You may not deploy to the Site any robot, spider, site search/retrieval application, or other application designed to retrieve, index, “data mine,” information from the Site.
  3. Registered Users: If you become a registered user of the Site in order to gain access to support or other limited access parts of the Site, you agree (i) that the information you provide to Elasticsearch in connection with your registration will be current, complete and accurate, (ii) not to choose a user name that violates any law or the intellectual property rights of others, or is offensive; provided that Elasticsearch reserves the right to reject the use of any user name for any reason or no reason, (iii) not to transfer, sell, convey or assign the right to use the Site to any third party without the prior written consent of Elasticsearch and (iv) not to permit any third party to use your user name and password to access the Site. You further agree that you are responsible for the conduct of any party that uses your account, whether or not authorized by you, and for any breach of the security of the Site related to the use of your user name and/or password.
  4. Indemnification: You hereby irrevocably agree to indemnify, defend and hold Elasticsearch, its affiliates, directors, officers, employees and agents harmless from and against any and all losses, costs, damages, liabilities and expenses (including attorneys’ fees) arising out of or related to you use of the Site.
  5. Export Control: You hereby represent and warrant that (i) you understand and acknowledge that some Site Content may be subject to export, re-export and import restrictions under applicable law, (ii) you will not use the Site or any Site Content in a manner that violates the U.S. Export Administration Act of 1979 and the regulations of the U.S. Department of Commerce and (iii) you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods.

Commercial Transactions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

Elasticsearch’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.

Elasticsearch may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and Elasticsearch makes no commitment to update the materials on the Website with respect to such products and services.

Accounts, Security and Passwords

Certain features or services offered on or through the Website may require you to open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Elasticsearch immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Elasticsearch or any other user of or visitor to the Website due to someone else using your ID, password or account.

You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Elasticsearch cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Registration for an account is void where the user lacks the eligibility for registration or such registration is otherwise prohibited. Registration for an account, any part of the Website or any service provided by Elasticsearch is not permitted by minors. Any registration by any user who is a minor is expressly prohibited. By submitting registration information, you represent and warrant that you not a minor, that all registration information you submit is truthful and accurate, that you will maintain the accuracy of such information, that you agree to abide by the terms and conditions of these Terms of Use, and that your registration does not and will not violate any applicable law or regulation. A person who is eligible and desires to create an account may, upon consenting to these Terms of Use, submit an application to register in accordance with the procedures set forth by Elasticsearch. Elasticsearch reserves the right, in its sole discretion, to deny, restrict, suspend, discontinue, or terminate your account, with or without prior notice or explanation, for any or no reason, without any liability to you.

Privacy

Elasticsearch’s Privacy Policy applies to use of this Website and its terms are incorporated into these Terms of Use by this reference. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. By using the Website, you consent to have your personal data transferred to, and processed by, Elasticsearch.

Linked Websites

The Site may contain links to other websites that are not owned or operated by Elasticsearch, and you agree that Elasticsearch provides links to such websites solely as a convenience and has no responsibility for the content or availability of such websites, and that Elasticsearch does not endorse such websites or any products or services associated therewith. Your use of such websites will be subject to the terms of use applicable to each such website.

Disclaimer of Warranties and Limitation of Liability

  1. Warranty Disclaimer: THE SITE AND THE SITE CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ELASTICSEARCH MAKES NO WARRANTY THAT THE SITE OR THE SITE CONTENT IS COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE. ON BEHALF OF ITSELF AND ITS LICENSORS, ELASTICSEARCH HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, AVAILABILITY OF THE SITE AND THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFIRNGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE AND/OR THE SITE CONTENT RESTS WITH YOU AND ELASTICSEARCH MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE AVAILABILITY WILL BE UNINTERRUPTED, OR THE SITE AND/OR THE SITE CONTENT WILL BE ERROR FREE.
  2. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ELASTICSEARCH SHALL NOT BE LIABILE TO YOU FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL,CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF ELASTICSEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.

Contributions

By submitting ideas, feedback, suggestions, documents, and/or proposals (“Contributions”) to Elasticsearch through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Elasticsearch is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Elasticsearch shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Elasticsearch may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Elasticsearch without any obligation of Elasticsearch to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Elasticsearch under any circumstances.

Location of Site and Your Use

Elasticsearch operates or controls the operation of this Site from offices in Amsterdam, The Netherlands. In addition, the Site may be mirrored, and other websites operated or controlled by Elasticsearch may be located, at various locations in and outside of The Netherlands. Elasticsearch makes no representation or warranty that all of the features of this Site will be available to you outside of The Netherlands, or that they are permitted to be accessed outside of The Netherlands. You acknowledge that you are solely responsible for any decision by you to use of this Site from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.

General

These Terms of Use constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. These Terms of Use supersede all prior or contemporaneous discussions, proposals and agreements between you and Elasticsearch relating to the subject matter hereof. No amendment, modification or waiver of any provision of these Terms of Use will be effective unless in writing and signed by an officer of Elasticsearch. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by Elasticsearch may be implied from any actions or failures to enforce rights under these Terms of Use. These Terms of Use are intended to be and are solely for the benefit of Elasticsearch and you and do not create any right in favor of any third party. These Terms of Use will be governed by and construed in accordance with the laws of The Netherlands. All notices must be in writing and will be effective three (3) days after the date sent.

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