COMMUNITIES TERMS OF USE

This page contains the terms and conditions which govern the CyberArk Technical Community, the CyberArk Partner Community, and the CyberArk Marketplace. Please navigate to the relevant section below to review the terms and conditions applicable to the CyberArk Communities you are using.

CyberArk Technical Community Rules of Engagement

These Rules of Engagement (the “Rules”) govern your access and use of the CyberArk Community (the “Community”). By accessing and using the Community, you agree that you are subject to and will comply with the rules set forth below.

Your Access to the Community

In order to access and use the Community, you must have login credentials (username and password). Login credentials are issued by CyberArk to users who have previously shared their contact information with CyberArk. You are responsible for maintaining the confidentiality of your login credentials, and you assume all liabilities and responsibilities for any and all activities that occur on your behalf in the Community.

You agree that your first name and last name, and any other information you elect to make public, together with your Community activity may be publicly displayed on your Community account. Your access to and use of the Community, including any personal data you submit to us, is subject to CyberArk Privacy Policy, available at https://www.cyberark.com/privacy-policy/.

If CyberArk, in its sole discretion, determines that you have acted inappropriately and/or not in accordance with these Rules, CyberArk reserves the right to take down content, terminate or suspend your access to all or any part of the Community.

Your Use of the Community

By posting content on the Community, you agree to allow anyone with access to the Community to access and view the content you post, including third parties who are not participants but who view the users’ content on the internet, without royalties or restrictions, in whole or in part and for any purpose. CyberArk has no obligation to keep your content confidential, and may publish or otherwise publicly disclose your content in any existing or later developed media.

You agree that any discussion you initiate or participate in, or content you post on the Community will be related only to CyberArk products. You agree to use the Community only in accordance with these Rules, for its intended purpose and in compliance with all applicable laws and government regulations.

CyberArk is under no obligation to post or use any content provided by users and CyberArk may reject, decline to post, or remove any content for any reason or no reason, at any time at its sole discretion.

CyberArk is under no obligation to acknowledge or review the content that you post on the Community, or otherwise respond to you in any way regarding your content. CyberArk assumes no responsibility or liability over the sharing of content among Community users. If you post a request on the Community, CyberArk may, in its sole discretion, comment on the request by affixing a status to the request. CyberArk is under no obligation to develop, implement, release or use any requested enhancement or feature, regardless of whether CyberArk affixed a status to such request or not.

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

You shall not:

  • post or link to any content that contains false or deceptive language, unsubstantiated or comparative claims regarding CyberArk and CyberArk’s products.
  • use abusive, obscene, defamatory or offensive language, images, or links.
  • post content that is or may be considered a security vulnerability or malfunction of CyberArk’s products or that may be exploited by others and cause or may cause harm to CyberArk’s products and/or customers. Any CyberArk security vulnerability must be reported directly to CyberArk by either sending an e-mail or logging a case.
  • post any content on the Community containing promotion, advertisement, commercial referrals, solicitation for goods or services, nor may you spam other users in any manner.
  • disclose on the Community any information which would constitute a violation of any confidentiality obligations you may have.
  • post content if you do not own all the rights to that content, or if another rights holder has not given you permission to do so. You shall not use the Community in a way that infringes on anyone’s rights, including proprietary know-how, trade secrets, or other intellectual property and you shall not post content that contains photos, software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or have rights to these materials.
  • compile and/or use Community members’ personal information that may appear in the Community.
  • access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Community.
  • post or link to any codes or computer programs that contain destructive features, such as viruses, worms or Trojan horses.

 

Third Party Links

The Community may contain links to third party sites (either provided by CyberArk or by the Community users). Such linked sites are not under CyberArk’s control and CyberArk is not responsible for, nor endorse, the content of any linked site or any link contained in a linked site. CyberArk reserves the right to remove any links at any time.

Intellectual Property

Your submission and its contents automatically become the property of CyberArk, without any compensation of any kind owed to you. CyberArk may, in its sole discretion, elect to develop and market products, services or applications that incorporate feature requests that you submit on the Community, and you agree not to make any claims against CyberArk or anyone using a product or service marketed by CyberArk related to the development and offering of such products, services or applications whether your feature requests are adopted, not adopted or adopted but modified in any product, service or application. The foregoing CyberArk’s rights will remain in force even if you stop using the Community.

Using the Community does not grant you ownership of any in

tellectual property rights to the content you access and view. You may not use content from the Community unless you obtain permission from CyberArk or its owner, or unless you are otherwise permitted by law.

No Warranty

The Community and content posted on the Community is provided “as-is,” exclusive of any express or implied warranties whatsoever. CYBERARK DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CYBERARK IS NOT RESPONSIBLE FOR USER CONTENT OR THE ACCURACY OF ANY USER CONTENT POSTED. PARTICIPANTS SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT THEY POST. USER CONTENT, INCLUDING WITHOUT LIMITATION ANY CONTENT POSTED BY A CYBERARK EMPLOYEE OR REPRESENTATIVE, DOES NOT REPRESENT THE VIEWS OR OPINIONS OF CYBERARK, AND SUCH CONTENT WILL NOT CREATE ANY OBLIGATION ON THE PART OF CYBERARK.

Limitation of Liability

You agree that you bear all risks associated with using or relying upon content on the Community.

IN NO EVENT SHALL CYBERARK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, ARISING FROM YOUR USE OF THE COMMUNMITY, EVEN IF CYBERARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT THAT CYBERARK MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF WARRANTY AND THE EXTENT OF CYBERARK’S LIABILITY SHALL BE LIMITED AT ALL TIMES TO THE AMOUNT PAID, IF ANY, BY YOU TO CYBERARK FOR YOUR ACCESS AND USE OF THE COMMUNITY.

Indemnity

You agree to indemnify, release, and hold CyberArk, its subsidiaries, affiliates, officers, agents, employees and subcontractors harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any content you post on the Community.

Modification to the Rules

CyberArk may change these Rules at any time and without notice. By continuing to use or log-in to the Community after these Rules have changed, you indicate your agreement to the revised Rules. If you do not agree to the changes, you should stop using or logging-in to the Community.

Governing Law

These Rules are governed by and construed in accordance with the laws of Israel, without regard to its conflict of laws rules. You expressly and irrevocably agree that the exclusive jurisdiction for any claim or dispute under these Rules resides in the competent courts located in Tel Aviv, Israel.

Severability

In the event any provision of these Rules is held to be invalid or unenforceable, the remaining provisions of these Rules shall remain in full force and effect.

Relationship of the Parties.

Nothing in these Rules shall be construed to create a partnership, joint venture, or agency relationship between the parties. Neither party will have the power to bind the other or to incur obligations on the other’s behalf.

Information and Notices

You agree that CyberArk may send you information and notices regarding the Community or your Community account, by email, by posting notices on the Community or by other means based on the information you provide to CyberArk.

Entire Agreement.

These Rules constitute the complete and exclusive agreement between the parties concerning the Community and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter of these Rules. If CyberArk should waive any breach of any provision of these Rules, it shall not be deemed to have waived any preceding or succeeding breach of the same or any other provision hereof.

 


 

CyberArk Partner Community Terms of Use

The following terms and conditions govern your use of the Partner Community owned and operated by CyberArk Software Ltd. and CyberArk Software, Inc. or one of their affiliated entities (“CyberArk”). By using the Partner Community or downloading any materials from it you agree that you have read and understood these terms and conditions and you agree to be bound by them, and to comply with all applicable laws and regulations regarding use of the Partner Community. If you do not agree to these terms and conditions, you may not use the Partner Community.

CyberArk reserves the right to make changes to the Partner Community and to these terms and conditions at any time. Your continued use of the Partner Community will constitute your acceptance of any new or amended terms and conditions.

“CyberArk Partner” means an entity with whom CyberArk has entered into a separate, written agreement authorizing such partner to purchase from CyberArk for the purpose of resale in a territory.

PARTNER COMMUNITY ACCESS. Your use of the CyberArk Partner (“Partner Community “) is subject to (a) CyberArk’s approval of your status as a CyberArk Community, (b) the terms of your written agreement with CyberArk, (c) these Terms of Use, and (d) any additional terms within the Partner Community. You will create an online password that will allow you to access the Partner Community. You are responsible for keeping your password confidential. CyberArk recommends that you change your password regularly. You will not grant any third party access to the Partner Community without prior written approval by CyberArk. CyberArk reserves the right to change or discontinue the Partner Community at any time.

PARTNER INFORMATION. You agree all information provided by you is accurate, true, and complete. CyberArk may terminate your participation in the Partner Community if any of the information provided by you is inaccurate, false, out of date, or incomplete. Your registration for the Partner Community constitutes your agreement and consent to receive related offers, promotions, news, and information from CyberArk.

DEAL REGISTRATION. Only CyberArk Partners can participate in the Deal Registration Program. Conditions will apply to this Program, and all details can be found within the Deal Registration Guide & FAQ which is available within the Partner Community or from your CyberArk Channel Manager, Account Executive, or other CyberArk sales contact. CyberArk will always have final approval of all submitted deal registrations and reserves the right to withdraw any approvals initially given, at any time.

AVAILABILITY. Access to the Partner Community may be unavailable without notice at certain times, including, without limitation, when systems require maintenance or upgrades, or in the case of unforeseen circumstances such as earthquakes, fires, floods, terrorism, war, riot, computer virus or bugs, computer failures, interruptions in telephone service, or electrical outages. CyberArk will not be liable for the unavailability of service or for any damages that may result from such unavailability.

LIMITATION OF LIABILITY. IN NO EVENT SHALL CYBERARK BE LIABLE FOR ANY LOSS OF BUSINESS, INCOME, OR PROFITS, OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN ADDITION, CYBERARK SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, RELIANCE, EXEMPLARY, INCIDENTAL, OR INDIRECT LOSS OR DAMAGES. IN NO EVENT SHALL CYBERARK’S AGGREGATE LIABILITY FOR ALL CLAIMS EXCEED $500 (U.S. DOLLAR). THESE LIMITATIONS OF LIABILITY SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN TORT, CONTRACT, OR OTHER THEORIES, AND WHETHER CYBERARK KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS, THE REMEDIES SET FORTH IN THESE TERMS AND CONDITIONS SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

CONFIDENTIALITY. The term “CyberArk Confidential Information” means any confidential or proprietary information pertaining to or provided by CyberArk, including, without limitation, product and roadmap information, pricing, marketing incentives and plans, customer and supplier data, lead information, financial and technical information, and other business information including, but not limited to, software and documentation, business processes, strategies, information related to the Partner Community and all non-public data contained in the Partner Community and deal registration, whether such information is in written, oral, electronic, website-based, or other form. You will keep all CyberArk Confidential Information strictly confidential, using at least the same degree of care as you use to protect your own confidential information, but no less than reasonable care. You may not disclose CyberArk Confidential Information to any third party without CyberArk’s prior written consent. You may share CyberArk Confidential Information with only your employees who have a need to know and who are subject to legally binding obligations of confidentiality no less restrictive than those imposed by these Terms of Use. These confidentiality obligations do not apply to any CyberArk Confidential Information that (a) you can demonstrate was in your possession before receipt from CyberArk; (b) is or becomes publicly available through no fault by you; or (c) you rightfully received from a third party without a duty of confidentiality. If you are required by a government body or court of law to disclose any CyberArk Confidential Information, you agree to give CyberArk reasonable advance notice so that CyberArk may contest the disclosure or seek a protective order. You may use the CyberArk Confidential Information solely for the purpose of, and in connection with, your business relationship with CyberArk. No license or conveyance of any rights under any patent, copyright, trade secret, trademark or any other intellectual property right to CyberArk Confidential Information is granted under this Agreement except the limited rights to use the CyberArk Confidential Information as expressly set forth in this paragraph. CYBERARK MAKES NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE CYBERARK CONFIDENTIAL INFORMATION. ALL CYBERARK CONFIDENTIAL INFORMATION IS PROVIDED “AS IS”. TO THE EXTENT PERMITTED BY LAW, CYBERARK DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS, AND ASSUMES NO LIABILITY TO YOU FOR ANY DAMAGES OF ANY KIND IN CONNECTION WITH THE CYBERARK CONFIDENTIAL INFORMATION OR ANY INTELLECTUAL PROPERTY IN THEM.

Upon CyberArk’s written request, you will promptly return or destroy all CyberArk Confidential Information, together with all copies, and certify in writing that all such CyberArk Confidential Information and copies thereof have been returned or destroyed. You acknowledge that damages for improper disclosure of CyberArk Confidential Information would be irreparable and that CyberArk shall be entitled to equitable relief, including injunction and preliminary injunction, in addition to all other remedies available at law or in equity. You agree to adhere to all applicable United States, Israeli, and foreign export control laws and regulations and will not export or re-export any technical data or products, to any prohibited country unless properly authorized.

RESTRICTIONS ON USE. The information, documentation, data, material and related graphics available on the Partner Community (“Materials”) are provided by CyberArk or its licensors. The Materials are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. CyberArk and its licensors retain all title to copyright in the Materials, and nothing on the Partner Community shall be construed as conferring any license under any intellectual property rights, whether by estoppel, implication or otherwise. Except as stated in these terms and conditions, you may not reproduce, edit, modify, display, distribute or make any other use of the Materials, in any form or by any means without CyberArk’s prior written consent.

You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to CyberArk or any third party referenced in the Materials. You agree to use the Partner Community and the Materials accessible via the Partner Community only for lawful purposes.

WARRANTIES AND DISCLAIMERS. CyberArk intends for the Partner Community to be accurate and reliable. The Partner Community, however, may contain technical inaccuracies, typographical errors or other mistakes. CyberArk may make corrections or other changes to the Partner Community at any time. CyberArk reserves the right to make corrections, modifications, enhancements, improvements and other changes to its products, programs and services at any time or to discontinue any products, programs, or services without notice. CYBERARK PROVIDES THE PARTNER COMMUNITY “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, CYBERARK, ITS AFFILIATES, AND LICENSORS DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE PARTNER COMMUNITY.

IN NO EVENT SHALL CYBERARK, ITS AFFILIATES, or LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF THE PARTNER COMMUNITY OR ARISING OUT OF THE USE OR PERFORMANCE OF THE MATERIALS AVAILABLE ON THE PARTNER COMMUNITY, REGARDLESS OF WHETHER CYBERARK OR AN AUTHORIZED CYBERARK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Certain links provided herein may permit you to leave the Partner Community and enter non-CyberArk sites. These linked sites are not under CyberArk’s control. CyberArk is not responsible for the contents of any linked site or any changes or updates to such sites. CyberArk is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement by CyberArk of any linked site. CYBERARK’S PUBLICATION OF INFORMATION REGARDING THIRD-PARTY PRODUCTS OR SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT REGARDING THE SUITABILITY OF SUCH PRODUCTS OR SERVICES OR A WARRANTY, REPRESENTATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES, EITHER ALONE OR IN COMBINATION WITH ANY CYBERARK PRODUCT OR SERVICE.

TRADEMARKS. The trademarks, service marks and logos used and displayed on the Partner Community are registered and unregistered trademarks and service marks of CyberArk and others. CyberArk®, Network Vault®, Inter-Business Vault™, Visual Security™, LAN Experience over the Web™, Vaulted Solutions-Always Secure Always Accessible™, Vaulted Zones™, Vaulted by CyberArk™, CyberArk Shared Technology Platform™, Enterprise Password Vault®, Privileged Session Manager®, Privileged Threat Analytics™ , Application Identity Manager™, On-Demand Privileges Manager™, CyberArk DNA™ and other CyberArk marks appearing on the Partner Community are trademarks or registered trademarks of CyberArk in the United States and other countries. All other registered and unregistered trademarks used on the Partner Community are the property of their respective owners. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any CyberArk trademark, service mark or logo used or displayed on the Partner Community without the prior express written permission of CyberArk. When used with CyberArk’s permission, all trademarks must be identified as trademarks of CyberArk using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels.

PATENTS. CyberArk’s technology and products are protected by one or more United States and/or international patents or patents pending.

JURISDICTION AND GOVERNING LAW. Any claim relating to the Partner Community or use of the Partner Community will be governed by and interpreted in accordance with the laws of the State of Massachusetts, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Partner Community will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Boston, MA, USA. You agree to waive the right to a jury trial along with all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.

PRIVACY POLICY. Your use of the Partner Community and the information you submit to CyberArk through the Partner Community are governed by CyberArk’s Privacy Policy. Click here to review CyberArk’s Partner Community Policy.

COPYRIGHT NOTICE. Copyright CyberArk Software Ltd., All rights not expressly granted herein are reserved.

CONTACT INFORMATION. All requests for further information or for permission to reproduce any portions of the Materials in addition to the permission granted above should be directed to: [email protected]

 


 

CyberArk Marketplace Terms of Use

The CyberArk Marketplace (the “Marketplace”) is owned and operated by CyberArk Software Ltd and CyberArk Software, Inc. or one of its affiliated entities (CyberArk” or we” or us”). Marketplace is an online marketplace for downloadable software tools, plug-ins, connectors, integrations, extensions, libraries, configurations and configuration changes, open source tools and applications, and other software applications, including any artifacts, such as code and documentation, provided with the foregoing (collectively “Marketplace Products”) that interoperate with applicable CyberArk Products (as defined below).

By visiting the Marketplace website, you agree that your visiting and use of the Marketplace website is governed by the legally binding terms and conditions described in these CyberArk Marketplace Terms of Use (“Terms of Use”), which you acknowledge represents a binding agreement between you and CyberArk.  If you are agreeing to these Terms of Use on behalf of a company or other organization, you represent that you have the authority to bind that company or organization to these Terms of Use, and the terms “you” and “your” will refer to that company or organization. If you do not have that authority, or if you do not agree with these Terms of Use, you may not use and you must leave the Marketplace. CyberArk reserves the right to make changes to Marketplace and to Terms of Use at any time. Your continued use of Marketplace and any Marketplace Products downloaded by you will constitute your acceptance of any new or amended Terms of Use.

We will not be liable if, for any reason, all or any part of the Marketplace is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Marketplace to registered users or another subset of users. You are solely responsible for making all arrangements necessary for you to access the Marketplace.

Marketplace Pilot Program:  You acknowledge and agree that you have been invited by CyberArk to participate in a pilot of the Marketplace before the Marketplace is made publicly available. Accordingly, you acknowledge and agree that CyberArk makes no warranties or commitments to you with respect to the Marketplace or the Marketplace Products and disclaim any and all liability to you arising out of your use of the Marketplace and/or the Marketplace Products. For the avoidance of doubt, all disclaimers and limitations of liability set forth herein shall at all times apply to your use of Marketplace and the Marketplace Products whether during or after the pilot program.  You acknowledge and agree that in consideration for your participation in the pilot program, you may be asked to provide CyberArk with Feedback (as defined in Section 6.j. below) and any Feedback you provide is licensed to CyberArk pursuant to Section 6.j.

 

IMPORTANT: THESE TERMS OF USE FORM A BINDING CONTRACT BETWEEN YOU AND US WHEN ACCEPTED BY YOU.   YOU ACCEPT THESE TERMS OF USE BY  (1) ACCESSING OR USING THE MARKETPLACE, (2) INDICATING ACCEPTANCE OF THESE TERMS WHEN THEY ARE PRESENTED ONLINE, SUCH AS BY CHECKING A BOX CAPTIONED WITH ACCEPTANCE LANGUAGE OR CLICKING AN ICON BEARING AN “ACCEPT” OR SIMILAR LEGEND OR BY OTHERWISE ELECTRONICALLY SIGNING THIS AGREEMENT; OR (3) EXERCISING OR PURPORTING TO EXERCISE ANY OF THE RIGHTS GRANTED TO YOU UNDER THESE TERMS OF USE.  THE INDIVIDUAL ACCEPTING THIS AGREEMENT ON BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS AUTHORITY TO REPRESENT THE ENTITY AND COMMIT FUNDS ON ITS BEHALF.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE MARKETPLACE. 

 1. The Marketplace

a. Overview. In the Marketplace, you can access, browse, purchase and/or download Marketplace Products. Marketplace Products include any software, content, services, technology, data and other digital materials included in or made available through a Marketplace Product that you download or use via the Marketplace (including after you download it). Marketplace Products may be provided in source code or object code form. Marketplace Products include any updates, upgrades and other changes thereto and versions thereof that you later use or download from the Marketplace. CyberArk may make some Marketplace Products available via the Marketplace at no charge and others for a price. Marketplace Products made available on the Marketplace may be provided and licensed to you by CyberArk or by third parties (“Publishers”).

b. CyberArk Products Purchased Separately. The Marketplace does not include CyberArk Products, as defined in Section 2.b. You must purchase CyberArk Products pursuant to a separate end user license agreement or other agreement with CyberArk (“CyberArk Products End User License Agreement”).

c. Technology Partners and Contributors to Marketplace. You may not post Marketplace Products to the Marketplace unless you have entered into CyberArk’s Technology Partner Program pursuant to a separate written agreement or CyberArk’s Contributor Agreement.  Such separate agreements shall control over these Terms of Use with respect to your posting of Marketplace Products to the Marketplace to the extent that these Terms of Use are in conflict with the separate agreement.

d. Your Marketplace Account. To access portions of the Marketplace or certain resources, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Marketplace, and you hereby represent and warrant, that you are of the legal age of majority in the jurisdiction in which you reside and that all information you provide is correct, current and complete. If you choose, or you are provided with, a user name, password or other information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree that you are solely responsible to us for all activities identified with your account. You agree to immediately notify CyberArk of any unauthorized use of your user name or password or any other breach of security.

2. Marketplace Products

a. Certification of Marketplace Products. Marketplace Products may be identified as “Certified” by CyberArk (meaning the Marketplace Product has been tested and certified by CyberArk in accordance with its then-current certification process), “Trusted” (meaning the Marketplace Product has been reviewed by CyberArk in accordance with its then-current certification process and meets the “Trusted” designation, or “Community” (meaning that the Marketplace Product has not been reviewed, tested or validated by CyberArk. The identification of a Marketplace Product as Certified, Trusted or Community shall not be construed as making any representation, warranty, guarantee or promise apart from those set forth in these Terms of Use, nor that a contributor’s provision of, or your use of, a Marketplace Product is permitted by third parties or any applicable laws and regulations. You are solely responsible for independently testing and validating any Marketplace before deploying it in a production environment.

b. Use of Marketplace Products with CyberArk Products. You may use and/or download a Marketplace Product for your use on a device on which you have installed (or otherwise access) a validly licensed CyberArk software product with which the Marketplace Product is designed to interoperate (“CyberArk Product”). Marketplace Products can be used only on devices that also have a validly licensed CyberArk Product installed and meet certain other technical requirements described in the associated documentation in the Marketplace as such documentation is amended from time to time by CyberArk.

c. Evaluation of Marketplace Products.CyberArk may offer free evaluation and/or other limited versions of Marketplace Products so you can preview Marketplace Products before you download and/or purchase the full version. If the Marketplace Product is only provided for evaluation purposes, your rights are limited to an evaluation license which permits you to use, download, install, and/or operate the Evaluation Marketplace Product for a limited period of time (“Evaluation Period”), and it will only be accessible by a limited number of temporary users, in each case as determined by CyberArk or, if applicable, the Publisher. On the expiry of the Evaluation Period, the Evaluation Marketplace Product will cease to function and you will remove and delete all copies of such Marketplace Product in your possession or control.

d. Third Party Marketplace Products.You acknowledge that the Marketplace includes listings for Marketplace Products that are provided by a third party Publisher (the, “Third Party Products”). Notwithstanding anything to the contrary in these Terms of Use, you acknowledge and agree that (1) you must use your own discretion when you obtain Third Party Products through the Marketplace and you should read the terms and conditions and privacy policies of the applicable third party Publishers and (2) CyberArk does not own or control any of these websites or the Third Party Products, and (3) you will not hold us responsible and CyberArk shall not be liable for the access to or use of (i) any such website (including its content, terms and conditions, privacy policy, or anything else); (ii) the Third Party Products; or (ii) any claims arising out of your use of the Third Party Products, under any circumstances. For clarity, subject to the foregoing, all Third Party Products are included in the definition of “Marketplace Products”for purposes of these Terms of Use.

e. Support and Maintenance of Marketplace Products.Marketplace Products may come with no support and maintenance or may have varying levels of support and maintenance. If CyberArk supports a CyberArk published Marketplace Product, it shall be indicated that the Marketplace Product is supported and a support contact will be listed. Any available support and maintenance of Third Party Products shall be as described in the Marketplace or in the associated documentation for that Marketplace Product and shall be subject to any limitations and restrictions set forth in the Marketplace and/or such documentation.  Failure of a Publisher (including CyberArk) to provide support and maintenance will not entitle you to any refund of fees in connection with obtaining the applicable Marketplace Product and/or support and maintenance.   In any event, you agree and acknowledge that CyberArk has no responsibility for providing support and maintenance with respect to Third Party Products.

 3. License and Restrictions.

 a. Separate License to Use Marketplace Products.Your use of a Marketplace Product will be governed by the terms and conditions of an end user license agreement between you and the Publisher of the Marketplace Product (a “EULA”). In the event CyberArk is the Publisher of a Marketplace Product, then such Marketplace Product will be governed by the terms and conditions set forth below in Section 3.b. and any additional end user license terms included in or with the Marketplace Product (collectively, the “Standard CyberArk EULA”). In the event a third party is the Publisher of a Marketplace Product, the Marketplace Product will be governed by the end user license terms included in or with the Marketplace Product (the “Third Party Publisher EULA”). Further, certain Marketplace Products may be open source and subject to open source license terms (an “Open Source License”). You acknowledge and agree that CyberArk has the right to enforce these Terms of Use and the Standard CyberArk EULA against you and that the Publisher has the right to enforce the Third Party Publisher EULA against you. If you do not want to comply with the applicable EULA or Open Source License for a Marketplace Product, you must not use that Marketplace Product.

 

b. CyberArk Standard EULA.

            (i)  License. CyberArk grants you a limited, worldwide, non-transferable, revocable license to use the Marketplace Products published by CyberArk solely for your internal business use and solely for use with the applicable CyberArk Product for which the Marketplace Product was made available and only on hardware systems owned, leased or controlled by you. This license is only valid during the term of your license agreement with CyberArk (the “CyberArk License”) for the applicable CyberArk Product for which the Marketplace Product was made available and shall immediately terminate upon any termination or expiration of that CyberArk License.

            (ii) Additional Restrictions. You may not (i) modify, (ii) reverse engineer, decompile or disassemble, (ii) create any derivative works of or (iv) distribute, transfer, resell, rent, lease, or sublicense any rights in the Marketplace Products published by CyberArk, unless otherwise expressly authorized in writing by CyberArk. You may only use the Marketplace Products with CyberArk Products for which you have a valid license. If CyberArk makes available a source code version of the Marketplace Product, notwithstanding the foregoing, you may modify the source code versions; provided, that CyberArk will have no obligation to provide support for any modified versions and you shall have the sole responsibility for supporting and maintaining such modified source code versions.

            (iii) Ownership. The Marketplace Products are protected by copyright and other intellectual property laws and treaties. CyberArk or its licensors own all right, title, and interest in and to the Marketplace Products published by CyberArk and all intellectual property rights therein and thereto. The Marketplace Products are licensed and not sold.

            (iv) Disclaimer. The use of the Marketplace Products are subject to all terms and conditions in these Terms of Use, including without limitation the disclaimer set forth below in 6.b. and limitation of liability in 6.d.

4. Privacy and Your Data.

a. Information Provided to Third Party Publisher.You hereby explicitly acknowledge, agree, consent and authorize CyberArk to, in connection with your download of one or more Marketplace Product(s), provide the third party Publisher with the personal information provided by you in completing the purchase (including without limitation, your name, your IP address, company name (if any), addresses (including e-mail address) and phone number).

b. Consent to Use Data and Personal Information. You hereby expressly acknowledge, agree and consent that Publishers and CyberArk (if CyberArk is not the Publisher) may collect and use personal information, technical data and related information, (including without limitation, your name, your IP address, company name (if any), addresses (including e-mail address) and phone number) as well as technical information relating to your device, system, Marketplace Product, and CyberArk Product that is gathered periodically to facilitate the provision of software updates, product support, marketing efforts and other services to you related to the Marketplace Products and/or CyberArk Products. Publishers and CyberArk (if CyberArk is not the Publisher) may use this information, as long as it is in a form that does not personally identify you, to improve its products and services and/or to provide services or technology to you (including with respect to CyberArk, the Marketplace, Marketplace Products and CyberArk Products).

c. Third Party Publisher Access to Your Data and Personal Information.If you evaluate and/or install Marketplace Products of which CyberArk is not the Publisher, those MarketPlace Products may transmit your data and personal information to the third party Publisher of those Marketplace Products who may be able to obtain access to your data and information in CyberArk Products through the applicable CyberArk Product’s application programming interface (API). Such access may result in the disclosure, modification or deletion of your data by those Publishers or their Marketplace Products. Further, the Publisher and its agents and partners may collect and use data pertaining to your configuration and/or use of the Marketplace Product(s). CyberArk is not responsible for any transmission, collection, disclosure, modification, use or deletion of your data, as described in this paragraph, by or through Marketplace Products or their Publishers. Any information CyberArk receives is subject to the CyberArk Privacy Policy located at https://www.cyberark.com/privacy-policy

5. Reviews of Marketplace Products

The Marketplace allows you to post reviews of Marketplace Products you have used, and to post comments on such reviews. Such reviews and comments will be posted under your name as submitted to the applicable CyberArk.com web pages. If you do not want your name to appear with any reviews or comments, do not post any reviews or comments on the Marketplace. To be useful to other users, those reviews and comments you post must be made in good faith after reasonable evaluation of the full MarketPlace Product. If you do post reviews or comments, and unless we indicate otherwise, you grant CyberArk a nonexclusive, royalty-free, fully paid up, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media.

You acknowledge and agree that:

  • You may post only one review per application, unless the later review reflects a good-faith rating change based on further evaluation.
  • If you post a review of, or comment on, a Marketplace Product for which you are the Publisher, you must disclose your affiliation.
  • If you post a review of, or comment on, a competitor’s Marketplace Product, you must disclose your affiliation.

We may, but are under no obligation to, monitor or censor reviews or comments made by users or content provided by contributors and we are not responsible for the accuracy, completeness, appropriateness or legality of anything posted, depicted or otherwise provided by third‑party users and we disclaim any and all liability relating thereto.  Notwithstanding the foregoing, CyberArk reserves the right, in its sole discretion and for any reason at any time, without obligation, to remove or edit any review or comment on the Marketplace. Content unrelated to a review or comment of the relevant Marketplace Product – for example, discussing CyberArk’s employees, business or stock, or those of other companies, or unrelated products or services – is prohibited. In addition, reviews and comments may not contain content that:

  • is harmful, threatening, abusive, insulting, harassing, defamatory, libelous, profane, sexually explicit, obscene, or otherwise offensive or objectionable;
  • is false, fraudulent or misleading;
  • violates applicable laws, rules, regulations or guidelines or rights of third parties; including without limitation any privacy, intellectual property or other rights of a third party, or suggests or encourages unlawful activity;
  • constitutes advertising or any other form of commercial solicitation; or
  • impersonates any other person or entity, including any of CyberArk’s employees.

6. General

a. Prohibited Uses. You agree not to access or use the Marketplace in any manner:

  • That violates any applicable federal, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws.
  • To develop or create a competitive product or to otherwise compete with CyberArk.
  • That violates the rights of any person or entity that may give rise to civil or criminal liability under applicable laws or regulations applicable to you, another user, and/or CyberArk, including violation of privacy or publicity rights, infringement of any copyright, patent, trademark, trade secret or other intellectual property right, or conflicts with these Terms of Use or the CyberArk Privacy Policy.
  • To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, pornography or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • To monitor or attempt to gain unauthorized access to: (a) any data, information or communications on any network or system not owned by you, without authorization; or (b) any system or network user accounts or passwords of other users, without authorization.
  • That is false, deceptive, misleading or fraudulent, including but not limited to: (a) any attempt to impersonate any person or entity; (b) to misrepresent your identity or affiliation with any person or organization; and (c) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.
  • To monitor or copy materials from the Marketplace for any unauthorized purpose or access the Marketplace via any automatic device, process or means of access such as a robot or spider.
  • That is in violation of export or import laws, rules or regulations. You acknowledge that the Marketplace Products are subject to the U.S. Export Administration Regulations (the “EAR”) and that you shall comply with the EAR and the provisions of Section 6.e. below.
  • That may have a detrimental effect on the Marketplace’s functionality, performance, availability, integrity, or security, including but not limited to: (a) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (b) attempting to intercept, redirect or otherwise interfere with communications intended for others; (c) disabling, damaging, overburdening or impairing the Marketplace or any server, computer or database connected to or accessed by the Marketplace; (d) modifying, blocking or otherwise interfering with the display of the Marketplace; (e) interfering with another user’s ability to access, use and enjoy the Marketplace; (f) accessing another user’s registration information or user account without that user’s express written permission; (g) transmitting or introducing any malicious or technologically harmful element to the Marketplace such as a spyware program, virus, Trojan horse, worm or logic bomb; (h) performing, without CyberArk’s express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Marketplace; and (i) engaging in any activities that results in any server serving the Marketplace being the target of a denial of service attack.

b. DISCLAIMER. THE MATERIALS MADE AVAILABLE IN THE MARKETPLACE, INCLUDING WITHOUT LIMITATION THE MARKETPLACE PRODUCTS AND THEIR RELATED DOCUMENTATION, ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL EXERCISE YOUR OWN INDEPENDENT ANALYSIS AND JUDGMENT IN YOUR USE OF THESE MATERIALS AND THE MARKETPLACE PRODUCTS. CYBERARK ASSUMES NO LIABILITY FOR YOUR USE OF THESE MATERIALS, THE MARKETPLACE PRODUCTS OR ANY ASSISTANCE PROVIDED BY CYBERARK. CYBERARK AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL EXPRSS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. CYBERARK MAKES NO WARRANTY AS TO THE RELIABILITY, USEFULNESS, COMPLETENESS, TIMELINESS, QUALITY, SECURITY, SUITABILITY, AVAILABILITY OR ACCURACY OF ANY MARKETPLACE PRODUCT OR THAT THE MARKETPLACE PRODUCTS WILL BE ERROR FREE OR OPERATE WITHOUT INTERRUPTION. The Third Party Products and other third party content made available through the Marketplace are the sole responsibility of the Publisher of those Third Party Products and that content. CyberArk is not responsible for any Third Party Products or third party content, whether or not it reviewed or moderated such products or content. You agree that you bear all risks associated with using or relying on Marketplace Products from the Marketplace. For the avoidance of doubt, CyberArk does not in any way warrant the accuracy, reliability, security, completeness, usefulness, non-infringement, or quality of any Marketplace Products (including without limitation any applications or content contained therein), regardless of who originated that content (including CyberArk’s employees, partners, affiliates or moderators). THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

c. Indemnification.To the maximum extent permitted by applicable laws, you agree to defend, indemnify and hold us, our affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and other costs of defense) resulting from your violation of these Terms of Use, your violation of the rights of a third party, or your use of the Marketplace or the Marketplace Products other than as permitted herein. We will be entitled, at our sole expense, to participate in the defense and settlement of the claim or action with counsel of our choosing.  You may not settle any claims without our prior written consent (which will not be unreasonably withheld).

d. LIMITATION OF LIABILITY. You must review and thoroughly test in a non‑production environment any Marketplace Product prior to its use in any production instance of the CyberArk Products. You agree that you bear all risks associated with using any Marketplace Product. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CYBERARK OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL OR BUSINESS, LOSS OR CORRUPTION OF DATA, OR COSTS TO PROCURE SUBTITUTE GOODS OR SERVICES, HOWEVER CAUSED, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF OR UNAVAILABILITY OF THE MARKETPLACE OR THE MARKETPLACE PRODUCTS OR ARISING OUT OF THE USE OR PERFORMANCE OF THE MATERIALS OR MARKETPLACE PRODUCTS AVAILABLE IN THE MARKETPLACE, REGARDLESS OF WHETHER CYBERARK OR AN AUTHORIZED CYBERARK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY TO YOU EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

e. Compliance with Laws; Reservation of Rights; Export.You will use the Marketplace and Marketplace Products in compliance with all applicable laws, rules, regulations and guidelines. Except for the rights explicitly granted to you in these Terms of Use and in the EULA for each Marketplace Product, all right, title and interest in the Marketplace and the Marketplace Products are reserved and retained by their respective providers, publishers and rights holders. You do not acquire any ownership rights in the Marketplace or the Marketplace Products as a result of using the Marketplace or downloading, installing or using the Marketplace Products. You may not use or otherwise export or re-export the Marketplace Products except as authorized by Israel and United States law and the laws of the jurisdiction in which the Marketplace Products originated or were obtained. In particular, but without limitation, the Marketplace Products may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. Without limiting the foregoing, you represent and warrant that: (i) you are not located in, and shall not use the Marketplace Products from, any country that is subject to U.S. export restrictions (currently including, but not necessarily limited to, the Crimea region of Ukraine, Cuba, Iran, North Korea, Sudan and Syria) or Lebanon; (ii) you shall not use the Marketplace Products in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, sounding rockets or unmanned air vehicle systems; and (iii) you are not prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. If you access the Marketplace from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. In addition, you are responsible for complying with any local laws which may impact your right to import, export, download or use the Marketplace Products. Access to the Marketplace from territories where the Marketplace or any of its services or products are illegal is prohibited.

f. U.S. Government Users.If you are a U.S. Government end user, the Publisher is providing the Marketplace Products to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights granted to you by the Publisher for the Marketplace Products are the same as the rights the Publisher customarily grant to others under the applicable EULA.

g. Termination. Your rights under these Terms of Use will automatically terminate without notice if you fail to comply with any of its terms or if you cease to have a valid license for a CyberArk Product. Further, CyberArk may terminate these Terms of Use at any time and for any or no reason by giving you written notice. In case of any such termination, you must cease all use of the Marketplace and the Marketplace Products, and CyberArk may immediately revoke your access to the Marketplace without refund of any fees paid.

h. Governing Law; Jurisdiction; Jury Trial Waiver.These Terms of Use are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws rules, and each party irrevocably and unconditionally agrees to submit to the exclusive jurisdiction of the courts located in the Commonwealth of Massachusetts. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens, irrevocably waive your right to a jury trial and agree that process may be served in a manner authorized by applicable law or court rule. Except in circumstances where a party seeks urgent injunctive relief, before commencing any court proceedings, if any dispute arises under these Terms of Use the parties will negotiate in good faith to resolve the dispute. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to these Terms of Use.

i. DMCA Process.If you believe that any content in the Marketplace violates your copyright, please notify CyberArk’s copyright agent in writing. The contact information for CyberArk’s copyright agent is at the bottom of this section. CyberArk cannot take action unless you give us all the required information. In order for CyberArk to take action, you must do the following in your notice:

  • provide your physical or electronic signature;
  • identify the copyrighted work that you believe is being infringed;
  • identify the item that you think is infringing and include sufficient information about where the material is located (including which website) so that CyberArk can find it;
  • provide CyberArk with a way to contact you (such as address, telephone number, or email);
  • provide a statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by CyberArk; and
  • provide a statement that the information you provide in the notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.

Here is the contact information for CyberArk’s copyright agent:

Copyright Enforcement
CyberArk Software, Inc.

[email protected]

j. Contact Information. For communications concerning these Terms of Use (other than DMCA notices, which you must send in accordance with the procedures above), please write to [email protected]

k. Assignment.You may not assign or transfer the agreement formed by your agreeing to these Terms of Use. CyberArk may freely assign, transfer, and delegate its rights and obligations under these Terms of Use. You acknowledge and agree that CyberArk’s affiliates, contractors and service providers may exercise all rights of CyberArk under these Terms of Use.

l. Weblinks. Certain links provided herein permit you to leave this site and enter non-CyberArk sites. These linked sites are not under CyberArk‘s control. CyberArk is not responsible for the contents of any linked site or any changes or updates to such sites. CyberArk is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement by CyberArk of any linked site. CYBERARK’S PUBLICATION OF INFORMATION REGARDING THIRD-PARTY PRODUCTS OR SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT REGARDING THE SUITABILITY OF SUCH PRODUCTS OR SERVICES OR A WARRANTY, REPRESENTATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES, EITHER ALONE OR IN COMBINATION WITH ANY CyberArk PRODUCT OR SERVICE. Linking to this site is subject to CyberArk’s Linking Policy. If you would like to link to CyberArk’s web site, please contact us at: [email protected]

m. Feedback & Suggestions. Direct feedback, comments, suggestions, requests for support and other communications relating to the Marketplace can be sent to: [email protected]  CyberArk shall have a perpetual, irrevocable, royalty‑free, fully‑paid, sublicensable, transferable, non‑exclusive, worldwide license to make, use, sell, offer for sale, import or otherwise use or commercially exploit for any purpose, any feedback and suggestions for improvements or enhancements to the Marketplace and the Marketplace Products (“Feedback”) without obligation of confidentiality or otherwise.

n. Copyright to Marketplace. All content included on the Marketplace website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of CyberArk or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Marketplace website is the exclusive property of Cyberark and protected by U.S. and international copyright laws. The Marketplace website or any portion of the Marketplace website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CyberArk. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Marketplace website without express written consent. You may not use any meta tags or any other “hidden text” utilizing CyberArk’s name or trademarks without the express written consent of CyberArk. Any unauthorized use terminates the permissions and licenses granted hereunder by CyberArk.

o. Miscellaneous. No waiver of these Terms of Use by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of ours to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. There are no third‑party beneficiaries to these Terms of Use. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Marketplace and Marketplace Products, except as expressly set forth herein, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.  For the avoidance of doubt, these Terms of Use do not supersede any written agreement between you and use pursuant to which you have been granted the right to use or access a CyberArk Product.

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