Talend Website Terms and Conditions

Talend, Inc. and its affiliates (“Talend”) welcome you to the Talend website (hereafter the “Site”) which is hosted by or for Talend. This Site includes areas such as Talend Community, which includes forums where users who have registered for an account on the Site may transmit or post communications, participate in training, participate in discussion forums, access document and information sharing, beta programming and other issues of interest to users of Talend products and services, as well as user groups that are specific to certain communities of Talend users (“Community Groups”).

These Terms of Use shall govern your access, visits, and use of the Site. By using the Site and/or any information, content or materials made available on the Site, you are subject to these Terms of Use. If you do not agree to these Terms of Use, you may not access, visit, or use the Site.

Talend expressly reserves the right to modify the Terms of Use at any time in its sole discretion, and without notice to you, by including such alteration and/or modification in these Terms of Use. Any continued access, visitation, or use by you of the Site after the posting of such modified Terms of Use shall be deemed to indicate your irrevocable agreement to such modified Terms of Use. If you breach any of the applicable Terms of Use, your authorization to use the Site (including any Community Group) automatically terminates and you agree to immediately destroy any material you obtained from the Site or derived from material you obtained on the Site.

Talend reserves the right to modify, suspend, or terminate the Site or any area within the Site at its sole discretion and without notice. Talend may impose limits on certain features or services or restrict your access to parts of the Site without notice or liability to you. Talend will not be liable to you or any third party for any claims or actions arising or resulting from your use, visit, or participate in in the Site and/or Community Groups and for any modification, suspension, or termination of the Site, these Terms of Use, or termination of your access to Community Groups.

You must be at least eighteen (18) years old to register for an account on the Site and/or any Community Group. If you wish to register for an account, you must: (i) provide current, accurate, and complete information about yourself during the account registration process, (ii) not choose a user name that violates any law or the intellectual property rights of Talend or third parties, or is offensive, provided that Talend has the right to reject the use of any user name for any or no reason, (iii) not to transfer, sell, convey or assign the right to use the Site to any third party without the prior written consent of Talend and (iv) not to permit any third party to use your user name and password to access the Site.

By obtaining an account, you expressly agree to be bound by these Terms of Use and any terms specific to an area of the Site (“Supplemental Terms”) as entered into by and between Talend and you. You are responsible for maintaining the confidentiality of your account details and you assume all liability and responsibility for any and all activity which occurs on your account. No one under the age of thirteen (13) is permitted to use the Site or register for an account. Parental consent is required for a person between the ages of 13 and 18 to use the Site or register for an account.

You must maintain and promptly update any account information provided to Talend in order to keep such information up to date, accurate, and complete. If you have an account on the Site, you agree that Talend, or third parties acting on Talend’s behalf, may send you important information and notices regarding the Site by email, text message, or other means based on the information you have provided. These terms are void where prohibited by law and the right to access the Site is revoked in such jurisdictions. You agree that if you become a resident in such jurisdiction, you will immediately cease all use of and access to the Site.

(a) Talend Content: Except as may be otherwise noted, the information, materials (including, without limitation, HTML, text, audio, video, white papers, press releases, data sheets, product descriptions, software and FAQs and other content) available on or from this website (collectively, “Talend Content”) are the copyrighted works of Talend and its licensors, and Talend and its licensors expressly retain all right title and interest in and to the Talend Content, including, without limitation, all intellectual property rights therein and thereto. You may only use Talend Content as expressly permitted in these Terms of Use.

(b) Third Party Content: In addition to Talend Content, the Site may contain information and materials, including links, provided to Talend by third parties (collectively, “Third Party Content”). Third Party Content is available through the Site merely as a convenience, for informational purposes and the inclusion of such does not constitute or imply any endorsement or representation. Talend is not responsible for the availability of any such Third Party Content. You understand and agree that you bear all risks associated with the access to and use of such Third Party Content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Talend is not responsible for (i) the quality of third party products or services; or (ii) fulfilling any of the terms of your agreement with any third party seller, including delivery of products or services and warranty obligations related to purchased products or services.

Third Party Content is the copyrighted work of its owner, which expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Use, Third Party Content may also be subject to different and/or additional terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.

(c) Limited Site Content License: Talend grants you the limited, revocable, non-transferable, non-exclusive right to use the Site and the associated Talend Content and Third Party Content (collectively, “Site Content”) by displaying the Site Content on your computer, and downloading and printing pages from the Site under the condition that (i) such activity is solely for your personal, education or other non-commercial use, (ii) you do not modify or prepare derivative works from the Site Content, (iii) you do not obscure, alter or remove any notice of copyright set forth on any Site pages or Site Content, (iv) you do not otherwise reproduce, re-distribute or publicly display any of the Site Content and (v) you do not copy any Site Content to any other media or other storage format.

(d) User Content: If you elect to display, post, submit or otherwise make available to others, on the Site any content or works of authorship, including, without limitation, images, software, audio files, text, or any other materials (collectively, “User Content”), you hereby grant to Talend and each Site user under all intellectual, industrial and proprietary rights a perpetual, worldwide, non-exclusive, transferable, no-charge, royalty-free, irrevocable license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from, distribute, and otherwise fully exploit such User Content, for any purpose. You acknowledge and agree that all User Content is provided on a non-confidential basis notwithstanding any designation or notation of confidentiality.

In addition, you hereby irrevocably represent and warrant to Talend that (i) you have all necessary power, authority, right, title and/or licenses to grant to Talend the foregoing right and license and (ii) the posting, submission, display by you of User Content on the Site, and the exercise by Talend of the foregoing license does not and will not (1) violate any law or (2) infringe any intellectual property right of any third party.

(e) Software: To the extent that the Site contains Talend Content or Third Party Content that is software available for download (“Software”), such Software is subject to, and your use of such Software is governed by, an applicable license agreement (each a “License Agreement”) accompanying, provided with, linked to or embedded in, such Software. You may not use any Software unless you first read and agree to all of the terms and conditions of the applicable License Agreement. ANY SOFTWARE AVAILABLE ON THE SITE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT, OR TO THE EXTENT NOT PERMITTED UNDER APPLICABLE LAW, TALEND EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

(f) Trademarks: All trademarks, service marks and logos included on the Site (“Marks”) are the property of Talend or third parties, and you may not use such Marks without the express, prior written consent of Talend or the applicable third party.

(g) Monitoring of Site Content: Talend may, but is not obligated to, monitor Site Content, User Content and your use of the Site. Talend reserves the right to accept, reject or modify any Site Content or User Content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any Site Content or User Content.

(a) Submission of User Content: In connection with your use of the Site, you agree not to submit any User Content which (i) is unlawful, (ii) infringes or violates the intellectual property or other rights of any person or entity, (iii) violates any right of publicity or invades the privacy of others, (iv) constitutes obscene, pornographic, indecent, profane or otherwise objectionable material, (v) is discriminatory, hateful or bigoted toward, or abusive of, any group or individual, (vi) is libelous or defamatory, (vii) violates any applicable law or government regulation, (viii) breaches any duty of confidentiality that you owe to anyone, (ix) provides any non¬public information about Talend or any other company or person without authorization (including, but not limited to, the names and contact information of Talend employees or other Registered Users).

(b) Prohibited Conduct: You may not use the Site to:

(a) Indemnification: If Talend, its subsidiaries, affiliates, directors, officers, employees, and agents should incur any liability to a third party arising out of or in any way related to (i) your breach of these Terms of Use (or any Supplemental Terms), (ii) your use of the Site, or (iii) your Content or anything you upload or make accessible through the Site, you agree to hold Talend and its subsidiaries, affiliates, directors, officers, employees, and agents harmless from and against any and all losses, claims, costs, demands, damages, liabilities and expenses (including attorneys’ fees) in connection therewith.

(b) Warranty Disclaimer: TALEND HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. THE SITE AND THE SITE CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND TALEND MAKES NO WARRANTY THAT THE SITE OR THE SITE CONTENT IS COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE. ON BEHALF OF ITSELF AND ITS LICENSORS, TALEND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, AVAILABILITY OF THE SITE AND THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFIRNGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE AND/OR THE SITE CONTENT RESTS WITH YOU AND TALEND MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE AVAILABILITY WILL BE UNINTERRUPTED, OR THE SITE AND/OR THE SITE CONTENT WILL BE ERROR FREE. TALEND AND ITS SUPPLIERS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT AND OTHER SERVICES.

(c) Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TALEND BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO: (i) YOUR USE OF, OR INABILITY TO USE, THE SITE, (ii) YOUR RELIANCE ON ANY OF THE SITE CONTENT, (iii) TALEND’S TERMINATION OR SUSPENSION OF YOUR ACCESS TO ALL OR ANY PART OF THE SITE, AND (iv) FOR ANY MATTER BEYOND THE CONTROL OF TALEND, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF TALEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE. TALEND’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100 USD). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY TALEND PARTY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF DURATION OF SUCH WARRANTY AND THE EXTENT OF THE TALEND PARTY’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.