WEBSITE TERMS

Last Modified: December 1, 2017

The following terms and conditions (the “Terms”) constitute a binding agreement between you and Automation Anywhere, Inc. (“Automation Anywhere”, “We” or “Us”) with respect to your use of the website www.automationanywhere.com, or any sub-domain or other Automation Anywhere website (the “Site”), including any Content (as defined in Section 1 below). BY ACCESSING OR USING THE SITES IN ANY MANNER (WHETHER AUTOMATED OR OTHERWISE), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS AND OUR PRIVACY POLICY , WHICH IS INCORPORATED HEREIN BY REFERENCE, AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE). IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, DO NOT USE THE SITE.

We may, at any time, revise or modify these Terms or impose new conditions for use of the Site. Such changes, revisions or modifications("Changes") shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Site or by email. Any use of the Site by you after such notice shall serve as your acceptance of such Changes.

  1. Scope of and Restrictions on Use. Unless otherwise specified, the Site and the Content are for your personal and non-commercial use only. Subject to these Terms of Use, Automation Anywhere grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials or documents you may view on, access through the Site (collectively, the “Content”). Except as otherwise provided in these Terms, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Automation Anywhere. Additionally, you agree not to:
    • collect information from the Site using any automated software tool or manually on a mass basis;
    • use automated means to access the Site, or gain unauthorized access to the Site, or to any account or computer system connected to the Site.
    • obtain, or attempt to obtain, access to restricted or password protected areas of the Site;
    • “flood” the Site with requests or otherwise overburden, disrupt, or harm the Site or our systems;
    • take any action to restrict or inhibit other users from accessing or using the Site;
    • modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content; or
    • access or use the Site for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

  2. Permission to use Content. You may use Content, provided that use is for your informational, non-commercial use only. You may not copy or post any Content on any network computer, or broadcast it in any media. Use of Content other than as set forth herein is expressly prohibited by law and may result in civil and criminal penalties. You acknowledge and agree that any software, documentation or other materials or Content downloaded by you for commercial use shall be subject to the terms of a separate Automation Anywhere license agreement, and, in the event of a conflict between these Terms and any such license agreement, the Terms of the license agreement shall prevail.

  3. Ownership. The Site and the Content are owned by Automation Anywhere and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of Automation Anywhere and its licensors. You acknowledge and agree that, as between you and Automation Anywhere, we are and shall remain the sole owner of the Site and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

  4. Account Registration and Security. Access to and use of certain areas of the Site may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Automation Anywhere of any unauthorized use of your account, or any other breach of security. You agree that we are not liable for any loss or damage arising from your failure to protect your username or password.

  5. Privacy Policy. You acknowledge and agree that all information collected by Automation Anywhere is subject to our Privacy Policy. By using the Site, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

  6. Linking to the Site. You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

  7. Third Party Materials. The Site may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that Automation Anywhere is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Automation Anywhere does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

  8. Third Party Platforms. Automation Anywhere may provide the Site to you through third party websites, operating systems, platforms, and portals (collectively, “Third Party Platforms”). Additional terms and conditions will apply to you with respect to your use of Third Party Platforms, which are not under our control. We do not assume any responsibility or liability for your use of such Third Party Platforms.
  9. Change and Suspension.
    1. Changes to the Site. Automation Anywhere reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any portion thereof (including any Content) at any time. You agree that Automation Anywhere will not be liable to you or to any third party for any such change, suspension, or discontinuance.

    2. Suspension/Termination of Access. Automation Anywhere has the right to deny access to, and to suspend or terminate your access to, the Site or to any features or portions thereof, at any time and for any reason, including if you violate these Terms of Use. In the event that we suspend or terminate your access to the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

  10. Disclaimer; Limitation of Liability.
    1. Disclaimer of Warranties.THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND AUTOMATION ANYWHERE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER AUTOMATION ANYWHERE NOR ANY PERSON ASSOCIATED WITH AUTOMATION ANYWHERE MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER AUTOMATION ANYWHERE NOR ANYONE ASSOCIATED WITH AUTOMATION ANYWHERE REPRESENTS OR WARRANTS THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    2. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AUTOMATION ANYWHERE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, OR BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 11.2, AUTOMATION ANYWHERE IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF USE, IN NO EVENT WILL AUTOMATION ANYWHERE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO AUTOMATION ANYWHERE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR U.S. $100.00, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK.

    3. Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 11 may not apply to you.

  11. Indemnification. You agree to indemnify, defend, and hold Automation Anywhere and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Site and/or any Content, or any violation of these Terms or applicable law. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Site and/or these Terms.

  12. Miscellaneous.
    1. Electronic Communications. The communications between you and Automation Anywhere via the Site use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    2. Geographic Restrictions. The Site is provided from, and Automation Anywhere is based in, the state of California in the United States. Automation Anywhere makes no representation that the Site or the Content are accessible or appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

    3. Governing Law and Jurisdiction. These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms or the Site (including the Content) shall be instituted exclusively in the federal or state courts located in Santa Clara County, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

    4. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (INCLUDING THE CONTENT) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

    5. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms 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 possible, and the remaining provisions of these Terms of Use will continue in full force and effect.

    6. Entire Agreement. These Terms , including our Privacy Policy, constitute the sole and entire agreement between you and Automation Anywhere with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

  13. Questions. If you have any questions about these Terms or the Site, please email us at webmaster@automationanywhere.com or write to us at:

Automation Anywhere, Inc.
Attn: Legal Department
P.O. Box 640007
San Jose, CA 95164