Last updated September 25, 2019. Replaces all prior versions.

These RapidScale Third-Party Terms and Conditions are incorporated by reference in the RapidScale Terms and Conditions available at: https://rapidscale.net/terms-and-conditions (“General Terms”). Defined terms not defined herein shall have the meaning ascribed to such terms in the General Terms.  Certain Services and/or features and functionality of the Services provided by RapidScale are provided to you utilize the services and/or products of third-party vendors and business partners, which services and/or products may include software, information, data or other services. Certain of these vendors and business partners require users who utilize such products and services to agree to additional terms and conditions. This page identifies third-party terms and conditions that are required by such third-party vendors and business partners as they apply to the corresponding Services set forth below. Your use of such Services constitutes your agreement to be bound by these additional terms and conditions. These third-party terms are subject to change at such third party’s discretion.

 

SERVICES

THIRD-PARTY PROVIDER

THIRD-PARTY TERMS AND CONDITIONS

 

AlienVault

End-User License Agreement at: https://www.alienvault.com/open-threat-exchange/reputation-monitor/eula. Use of AlienVault Products and Services are also subject to the terms and conditions applicable to such use set forth in the MSSP Master License Agreement at: https://www.alienvault.com/terms/MSSP-Agreement-25Jan2017

 

Veeam

Veeam End User License Agreement (EULA) at: https://www.veeam.com/eula.html

 

Imperva

End User License and Services Agreement at: https://www.imperva.com/legal/license-agreement/

 

Microsoft                         

Microsoft Professional Services Data Protection Addendum at: http://microsoftvolumelicensing.com/DocumentSearch.aspx?Mode=3&DocumentTypeId=59

Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE, ON OUR BEHALF AND ON BEHALF OF OUR SUPPLIERS AND SUBCONTRACTORS, ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF TITLE, NON INFRINGEMENT, SATISFACTORY CONDITION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY SERVICES, SERVICE DELIVERABLES, HOTFIXES, PRODUCTS, OR ANY OTHER MATERIALS OR INFORMATION.

Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS WORK ORDER, NEITHER PARTY NOR THEIR CONTRACTORS WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), SPECIAL, OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS OR REVENUES ARISING IN CONNECTION WITH THE AGREEMENT, SERVICES DESCRIPTION, THE ORDER DOCUMENT, ANY STATEMENT OF SERVICES, SERVICES, SERVICE DELIVERABLES, HOTFIXES, PRODUCTS, OR ANY OTHER MATERIALS OR INFORMATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. IN ANY EVENT, WHATEVER THE LEGAL BASIS FOR YOUR CLAIMS, OUR TOTAL LIABILITY (AND THAT OF OUR SUPPLIERS AND SUBCONTRACTORS) WILL BE LIMITED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO DIRECT DAMAGES UP TO THE AMOUNT PAID IN THE AGGREGATE FOR THE SERVICES GIVING RISE TO THE CLAIMS.

 

Mimecast

Use of Mimecast products and services shall be subject to the applicable terms and conditions available at: https://www.mimecast.com/contracts.

 

Zerto

Limitation of Liability. YOU HEREBY RELEASE ZERTO AND EACH OF ZERTO’S AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FROM ANY LIABILITY TOWARDS YOU WITH RESPECT TO ANY SUBJECT MATTER OF ITS AGREEMENT WITH RAPIDSCALE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL, CONTRACTUAL OR EQUITABLE THEORY.

Open Source. The Zerto software makes use of free and open-source programs, licensed under the license agreement set forth below:

Debian Linux:

http://www.gnu.org/licenses/gpl.html

http://www.gnu.org/licenses/lgpl.html

http://www.gnu.org/licenses/old-licenses/lgpl-2.0.html

http://www.debian.org/misc/bsd.license

Nlog: http://www.opensource.org/licenses/basd-license.php

Dotnetzip: http://dotnetzip.codeplex.com/license

Nhibernate: http://www.gnu.org/copyleft/lesser.html

SQL Server Compact: http://www.microsoft.com/web/webpi/eula/sqlce_eula_enu.rtf

PDF Sharp: http://www.pdfsharp.net/PDFsharp_License.ashx

MigraDoc: http://www.pdfsharp.net/MigraDoc_License.ashx

Renci SSH (SSHdotnet): http://sshnet.codeplex.com/license

Plink: http://www.chiark.greenend.org.uk/~sgtatham/putty/license.html

SharpSetup: sharpsetup_eula.txt

Unity: http://unity.codeplex.com/license

Wix: http://wix.codeplex.com/license

Fluorinefx: http://fluorinefx.com/download.html

EPPlus: http://epplus.codeplex.com/license

The links provided above are up to date, as of January 29, 2015. To obtain the source code for the software subject to the terms of the corresponding license agreement (where applicable and available), send a request by email to info@zerto.com

 

VeloCloud

(VMware Company)

VeloCloud End User Subscription Agreement at:

https://www.velocloud.com/company/subscription/.

Data Processing Addendum at:

https://www.vmware.com/content/dam/digitalmarketing/vmware/en/pdf/downloads/eula/vmware-data-processing-addendum.pdf