COMMUNITIES TERMS OF USE

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 to existing CyberArk customers and partners who have undergone the Community self-registration process. 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. You agree Community forums may be made publicly available both within and outside of the Community, along with any comments you post to such forums. You may manage your Community account display settings to define your public account name and the level of visibility of such account name. 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.

You hereby expressly acknowledge, agree and consent that CyberArk  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 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 CyberArk Products. CyberArk may use this information to provide services or technology to you.

Your Use of the Community

By posting content on the Community, you agree to allow anyone with access to the Community (as well as any non-Community members for applicable forums that are publicly accessible) to access and view the content you post, 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 posted on the Community. 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. CyberArk is also under no obligation to fix, patch, remediate, or otherwise address any bugs or other issues with CyberArk products in connection with your use of the portal, regardless of whether such bugs or issues are posted on the Portal by CyberArk or a user.

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 Community is subject to (a) CyberArk’s approval of your status as a CyberArk Partner, (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 U.S.$500. 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.

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.

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.

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.

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. All 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., on behalf of itself and its affiliates (“CyberArk” or “we” or “us”). Marketplace is an online marketplace where CyberArk makes Marketplace Products available to its visitors subject to the terms herein.

By accessing and using the Marketplace website, you agree to these CyberArk Marketplace Terms of Use (“Terms of Use”), which represent a binding agreement between you and CyberArk.  By entering into these Terms of Use on behalf of an entity or organization, you represent that you have the legal authority to bind that entity or organization to these Terms of Use, and the terms “you” and “your” will refer to that entity or organization. CyberArk reserves the right to make changes to the Marketplace and to these Terms of Use at any time without notice. Your continued use of the Marketplace and any Marketplace Products downloaded by you will constitute your acceptance of any new or amended Terms of Use.

Definitions:

CyberArk Products: means any of CyberArk’s cloud-based or on-premise software, any related plug-ins, connectors and all upgrades and updates thereto that may be made available by CyberArk in the Marketplace.

Marketplace Products: means Integrations, CyberArk Products and Publisher Offerings available in the Marketplace.

Publishers: means the third parties, which may include some of CyberArk’s partners or customers, that make available and license the Publisher Products to You on the Marketplace.

Integrations: means  Publisher’s or CyberArk’s software intermediary available in the Marketplace that integrates with certain CyberArk Products or Publisher Offerings.

Publisher Offerings:  means Publisher’s products or services (or information thereof) available in the Marketplace.

Publisher Products: means the Publisher’s Integrations and the Publisher Offerings available in the Marketplace.

1. The Marketplace

1. Overview. In the Marketplace, you can access, browse, purchase and/or download Marketplace Products.
2. 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 case of CyberArk Products or CyberArk’s Integrations, these will be governed by the applicable CyberArk terms and conditions unless otherwise mutually agreed. If you do not want to comply with the applicable license terms for a Marketplace Product, you must not use that Marketplace Product.
3. Technology Partners and Contributors to Marketplace. You may not post Publisher Products on the Marketplace unless you have enrolled into CyberArk’s Technology Partner Program pursuant to a separate written agreement or CyberArk’s Contributor Agreement. In the event of a conflict between these Terms of Use, and such separate agreement, the separate agreement shall control in relation to any created and posted Publisher Products to the Marketplace.
4. 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 username, password, or other information as part of your registration process, 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 username or password or any other security breach.
5. Marketplace availability. 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.

2. Marketplace Products

1. Certification of Integrations and Publisher Products. Publisher Products or applicable Integrations may be identified as “Certified”, “Trusted”, or “Community”. Notwithstanding the identification of a Publisher Product or applicable Integration as Certified, Trusted or Community, such identification is made for informational purposes only and shall not be construed as making any representation, warranty, guarantee or promise apart from those set forth in these Terms of Use. You are solely responsible for independently testing and validating any such Publisher Product or applicable Integration before using it or deploying it in a production environment.
2. . You may only use certain Publisher Products provided you have obtained, or you have installed (or otherwise access) a validly licensed CyberArk Product, and, as the case may be, met certain other technical requirements described in the applicable documentation in the Marketplace.
3. Evaluation of Marketplace Products. CyberArk or, if applicable, the Publisher may offer free evaluation and/or other limited versions of Marketplace Products (“Evaluation Marketplace Products”) so you can evaluate them before you download and/or purchase the full version. Your rights with respect to Evaluation Marketplace Products are subject to the applicable EULA (as set forth in 1(b)) or CyberArk’s terms and conditions (“Evaluation Period”), and it may 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, you may no longer use the Evaluation Marketplace Product and you must remove and delete all copies of such product in your possession or control.
4. Publisher Products. You acknowledge that the Publisher Products are provided by Publishers. 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 Publisher Products through the Marketplace and you should read and comply with the terms and conditions and privacy policies of the applicable Publishers, including any such EULAs, and any associated websites, (2) CyberArk does not own, control, or endorse any of these Publisher Products, and (3) you will not hold us responsible and CyberArk will not be liable for the access to or use of any such Publisher Products or for any claims arising out of your use of the Publisher Products, under any circumstances.
5. Support and Maintenance of Marketplace Products. CyberArk or Publishers may provide, at their sole discretion and subject to applicable fees, support and maintenance services for the Marketplace Products in accordance with the applicable maintenance and support terms.

3. Privacy.

Your use of the Marketplace (excluding your use of the Marketplace Products) and the information you submit to CyberArk through the Marketplace website are governed by CyberArk’s Privacy Notice available at: https://www.cyberark.com/privacy-notice/. Our Privacy Notice describes your data protection rights, how we process your personal data and who we can share it with third parties (e.g. when you download a Marketplace Product available on the Marketplace).

4. Advertisement.

Advertising by Third Parties. Certain Publishers may advertise in the Marketplace, and/or otherwise market, promote or encourage you to purchase, their other products and services (“Third-Party Advertised Products”). In connection with such advertising, you may be directed to or linked to a third-party website that is not under the control of CyberArk and if you provide any information to such Publishers, that Publisher’s privacy policy, not CyberArk’s, will apply to any disclosures of personal information you may make. Further, if you elect to purchase or license such Third-Party Advertised Products, you acknowledge and agree that (1) you may need to pay the Publishers a license, subscription or other fee for the use of such products, (2) you must use your own discretion when you obtain such products and you should read the terms and conditions and privacy policies of the applicable Publishers, (3) CyberArk does not own or control the websites of the Publishers or the Third-Party Advertised Products, and (4) you will not hold us responsible and CyberArk will 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 Advertised Products; or (ii) any claims arising out of your use of, or in ability to use, the Third-Party Advertised Products, under any circumstances.

5. Intellectual Property.

Except for the rights explicitly granted to you in the applicable CyberArk terms and conditions, 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.

6. 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 created upon your initial registration to the Marketplace or CyberArk’s technical community. If you do not want your name to appear with your 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 relevant 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 Marketplace Product, 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 the Marketplace 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 posted 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.

7. 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 Notice.
• 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, as further set forth in 7 (e) below, or in any applicable EULA, or CyberArk’s standard terms and conditions.
• 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. UNLESS EXPLICITLY PROVIDED OTHERWISE, THE MARKETPLACE PLATFORM AND 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 THE MARKETPLACE AND THE MARKETPLACE PRODUCTS. CYBERARK ASSUMES NO LIABILITY FOR YOUR USE OF THESE MATERIALS, THE MARKETPLACE PRODUCTS OR ANY ASSISTANCE PROVIDED BY CYBERARK. CYBERARK EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WITH RESPECT TO 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 THE MARKETPLACE OR OF ANY MARKETPLACE PRODUCT OR THAT THE MARKETPLACE PRODUCTS WILL BE ERROR FREE OR OPERATE WITHOUT INTERRUPTION. THE PUBLISHER PRODUCTS AND OTHER THIRD-PARTY CONTENT MADE AVAILABLE THROUGH THE MARKETPLACE ARE THE SOLE RESPONSIBILITY OF THE PUBLISHER OF THOSE PUBLISHER PRODUCTS AND THAT CONTENT. CYBERARK IS NOT RESPONSIBLE FOR ANY PUBLISHER 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. 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. 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. UNLESS EXPLICITLY STATED OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CYBERARK’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE MARKETPLACE OR THESE TERMS OF USE, REGARDLESS OF THE CAUSE OF ACTION AND WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, INDEMNITY OR ANY OTHER LEGAL THEORY, EXCEED USD $1,000.
IN NO EVENT SHALL CYBERARK BE LIABLE FOR ANY 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 SUBSTITUTE 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 MARKETPLACE PRODUCTS AVAILABLE IN THE MARKETPLACE, REGARDLESS OF WHETHER CYBERARK OR AN AUTHORIZED CYBERARK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

e.   Compliance with Laws; Export. You will use the Marketplace and Marketplace Products in compliance with all applicable laws, rules, regulations and guidelines. You may not use or otherwise export or re-export the Marketplace Products except in compliance with the applicable EULA, or in relation to CyberArk Products, with Israel and United States laws, the laws of the jurisdiction in which the Marketplace Products originated or were obtained, and the laws of any country within whose jurisdiction you operate or do business. 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 Marketplace Products are provided 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 for the Marketplace Products are the same as the rights the Publisher or CyberArk customarily grant to others under the applicable EULA or CyberArk terms and conditions.

g.   Termination. Your rights to access and use the Marketplace will terminate without notice if you fail to comply with these Terms of Use. Further, CyberArk may terminate Your access and use of the Marketplace for any or no reason by giving you written notice.

h.   JURISDICTION AND GOVERNING LAW
Any claim relating to these Terms of Use or the Marketplace 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 this site 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 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.  To the extent not prohibited by applicable law, you hereby irrevocably waive any and all right to trial by jury in any legal proceeding arising out of or related to these Terms of Use or the Marketplace.

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:

1. provide your physical or electronic signature;
2. identify the copyrighted work that you believe is being infringed;
3. 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;
4. provide CyberArk with a way to contact you (such as address, telephone number, or email);
5. 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
6. 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 PUBLISHER 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, nonexclusive, 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 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. CyberArk reserves the right to make changes to these Terms of Use from time to time without notice. 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 Notice 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.