Terms of Use

Last Modified: February 18, 2015

Thank you for your interest in Aerohive Networks, Inc. (“Aerohive," “we” or “us”) and our website at http://www.aerohive.com/ (the “Site”).

Please review the following terms and our Privacy Policy, available at http://www.aerohive.com/privacy, concerning your use of the Site.  By accessing and using the Site, you agree to be bound by these terms (the "Terms of Use") and our Privacy Policy.  If you do not agree with these Terms of Use and/or our Privacy Policy, please do not use the Site. The Site may contain other proprietary notices and copyright information, the terms of which you must also observe and follow.

Aerohive may change the Site at any time, in our sole discretion and without notice.  Aerohive may also change the products, services and/or the programs described on the Site at any time, in our sole discretion and without notice. Aerohive reserves any rights not expressly granted here regarding your access to or use of the Site.

Aerohive will consider any feedback, information or materials you submit through or in association with the Site ("Feedback") to be non-confidential. You hereby agree that Aerohive shall have, at no charge, a non-exclusive, transferable, royalty free, worldwide right and license to copy, use, display, publish, distribute and/or disseminate any Feedback subject to copyrights and other intellectual property rights . Aerohive shall be free to copy, use, display, publish, distribute and/or disseminate such Feedback on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Feedback that you provide, and that you, not Aerohive, have full responsibility for the Feedback, including their legality and copyright.

Use of Site Information

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. You may download, view, copy and print documents and graphics incorporated in these documents (the “Documents”) from the Site, subject to the following: (a) you may use the Documents solely for informational purposes; and (b) you may not alter the Documents in any way. Except where your use constitutes “fair use” under applicable copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from the Site in whole or in part without Aerohive’s express authorization.

In your access or use of the Site or the Documents, you may not (a) copy, print (except for the express limited purpose permitted by the section above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Documents retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, including as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any content and/or Documents from the Site; (d) use any content or Documents from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; or (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations.

Software License

Your use of any software you download from the Site is governed by the separate license terms accompanying or referenced in that software or download.

Passwords and Security

Certain sections of, or offerings from, the Site may require you to register. If so, you agree to provide us with accurate, complete registration information using your real name and accurate information and, if registering on behalf of a company or third party entity, the true and correct information identifying such entity. If you register individually, your registration is for your personal use only and not on behalf of any other person or entity; if you register on behalf of a company or third party entity, such registration is for the use of such entity, and in each case only as provided here.

You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Aerohive immediately of any unauthorized use of your password(s).

Errors, Corrections and Changes

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time, including to edit or delete any documents, information or other content appearing on the Site.

Third Party Websites, Content, Products and Services

The Site may contain links to third party websites and provide access to content, products and services from third parties, including users, advertisers, affiliates and third party sponsors of the Site or by accessing such third party websites. You should refer to the policies posted by third party websites regarding privacy and other topics before you use them. Aerohive is not responsible for third party content accessible through the Site, including by accessing any such third party websites including opinions, advice, statements and advertisements, and you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. Aerohive is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the third party, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Aerohive is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, DOCUMENTS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AEROHIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AEROHIVE MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK.  AEROHIVE IS NOT RESPONSIBILE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE FROM OR BY MEANS OF THIS SITE.

Limitation of Liability

IN NO EVENT SHALL AEROHIVE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE OR THE MATERIALS OR INFORMATION CONTAINED IN IT, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST OF PROFITS, REVENUE, BUSINESS INTERRUPTION, LOSS OF USE OF PROGRAMS, COMPUTERS OR OTHER DATA ON YOUR COMPUTERS OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO HOLD AEROHIVE HARMLESS FROM AND NOT TO SUE AEROHIVE FOR ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.  IN SUCH INSTANCE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold harmless Aerohive Networks, its officers, directors, employees and agents, from and against any and all third party claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, to the extent arising out of or in any way connected with your access to or use of the Site.

Export Restrictions/Legal Compliance

You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Aerohive in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.

Privacy Policy

Our Privacy Policy, available at http://www.aerohive.com/privacy, is hereby incorporated into the Terms of Use by reference.  Please read the Privacy Policy carefully for information relating to our collection, use, storage and disclosure of personal information, including registration and other information about you that we collect through the Site.

Governing Law

These Terms of Use will be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of law. You submit to the jurisdiction of the federal or state courts of or located in Santa Clara County, California, with respect to any action or proceeding arising out of or in any way related to these Terms of Use, and you hereby waive any venue or other objection which you may have to any such action or proceeding being brought in the federal or state courts of in Santa Clara County, California.

No failure or delay by us in exercising any right under these Terms of Use will constitute a waiver of that right. If any portion of these Terms of Use is held invalid by a court of competent jurisdiction, then such portion will be deemed to be of no force or effect, and these Terms of Use will be construed as if such portion had not been included. The headings used in these Terms of Use are for convenience of reference only and do not affect the meaning or construction of these Terms of Use.

Trademark Information

The names, logo, trademarks, service marks, trade names and other marks (“Marks”) displayed on the Site are the property of Aerohive or other third parties. Users are not permitted to use these Marks without the prior written consent of Aerohive or such third party which may own the Mark. Additional information regarding the Aerohive Trademark Usage Guidelines is available at http://www.aerohive.com/legal-notices#trademarks.

Aerohive’s Marks are valuable assets of the company that signify Aerohive’s cutting edge, innovative, and high-quality products. The following is a list of Aerohive’s Marks in the United States and certain other countries. This list may not necessarily be complete and all-inclusive. The absence of any mark from this list does not mean that it is not an Aerohive mark. 

The Aerohive Networks design logo and the marks “Aerohive®,” “HiveManager®,” “HiveOS®,” “HivePass™” and “HiveCare™” are the property of Aerohive Networks, Inc.

©2015 Aerohive Networks, Inc.  All rights reserved.

Miscellaneous

The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Aerohive may assign these Terms of Use and all incorporated agreements and your information Aerohive in its sole discretion to a third party in the event of an acquisition, sale or merger.  Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Aerohive’s failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. Aerohive’s rights under these Terms of Use shall survive your use of the Site.

More Information

If you have any questions regarding these Terms of Use or any other questions regarding the Site, please contact Aerohive at webmaster@aerohive.com.