Last Modified: April 2018
These terms and conditions (the “Terms”) govern your use of any Automation Anywhere, Inc. (“Automation Anywhere,” “we,” “us,” or “our”) website or sub-domain, including https://www.automationanywhere.com and https://qabotstore.automationanywhere.com/ (collectively, the “Sites”).
By accessing or using the Sites in any manner (automated or otherwise), you acknowledge that: (a) you have read, understand, and agree to be bound by these Terms; and (b) affirm that you are at least 18 years old (or have reached the age of majority in the jurisdiction where you reside). If you do not agree to these Terms, do not use the Sites.
We may, at any time and in our sole discretion, change, modify, add to, or remove portions or all (collectively, “Changes”) of these Terms. It is your responsibility to check these Terms periodically for Changes. Changes are effective immediately upon notice to you, and such notice may be given by any means, including posting on the Sites or by email. Any use of the Sites or Content (as defined below) by you after such notice means that you accept and agree to the Changes.
Your Use of Content
All text, graphics, images, photographs, trademarks, service marks, logos, audio files, sounds, music, videos, artwork, visual interfaces, computer code, software, applications, and other documents, materials, or information that you view on or access through the Sites (collectively, “Content”), including the curation, arrangement, design, and presentation of such Content, are owned, controlled, or licensed by Automation Anywhere and/or our licensors or third parties and are protected under all patent, copyright, trademark, trade secret, and other intellectual property and applicable United States and international laws and treaties. You acknowledge and agree that our delivery of Content on or through the Sites does not transfer or constitute a grant or waiver of any rights of the copyright or intellectual property owner, unless a separate license agreement also applies to your use of certain Content (including, but not limited to, software and application downloads). In the event of a conflict between these Terms and such separate license agreement, the terms of the license agreement shall prevail. You also acknowledge and agree that, as between you and Automation Anywhere, we are and shall remain the sole owner of the Sites and Content.
Permitted Use: Subject to these Terms, and except as expressly provided in any separate license agreement that also applies to your use of certain Content, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Sites and Content for your personal, informational, non-commercial use only.
Prohibited Use: Except as expressly provided in these Terms and any separate license agreement that applies to your use of certain Content, you may not access, use, store, copy, reproduce, modify, transmit, distribute, publish, broadcast, or make additional representations and warranties regarding, the Sites and Content for any commercial purpose on or through any computer, server, website, media or other media, without our express prior written permission. Use of the Sites or Content in a way that is not permitted by these Terms and/or any separate license agreement that applies to your use of certain Content is expressly prohibited by law and may result in civil and criminal penalties.
Your Use of the Sites
In addition, you agree not to:
- Use any manual process or automatic device, program, algorithm, or methodology—including “deep-links,” “page-scraping,” “robots,” or “spiders”—in an attempt to or to access, use, copy, monitor, obtain, reproduce, distribute, or circumnavigate any Content, process, account, or other information not purposely made available through the Sites;
- Attempt to gain or gain, through any means—including hacking, password mining, or other means—unauthorized access to any Content, part of the Sites, or any accounts, systems, or networks connected to the Sites or to any Automation Anywhere server;
- Probe, scan, or test the vulnerability of, nor breach any security or authentication measures related to, the Sites or any server or network connected to the Sites;
- Take any action that imposes an unreasonable or disproportionality large load on—including “flooding” with requests or otherwise overburdening, disrupting, or harming—the infrastructure of the Sites, Automation Anywhere’s systems or networks, or any systems or networks connected to the Sites or Automation Anywhere;
- Use or trace, or attempt to use or trace, any information related to any user or visitor to the Sites, or any Automation Anywhere customer, for the purpose of revealing any information—including, but not limited to, personal identification information—about anyone other than yourself;
- Interfere or attempt to interfere, in any way through any means, with the proper functioning of the Sites, any transaction being conducted on the Sites, or with any person’s use of the Sites;
- Forge, manipulate, modify, or delete any Content, identifiers, headers, or other information available on or through the Sites for any reason including an attempt to, or to, disguise or misrepresent the origin, identity, or intellectual property or other propriety rights, of any person, entity, or Content;
- Access or use the Sites or Content for any purpose that is unlawful, prohibited, or beyond the scope of these Terms.
Account Registration and Security
To access or use certain Content, features, or services on or through the Sites, you may be required to open an account (including registering with an email address and setting up a password). You agree that:
- You will provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and that you are responsible for keeping such information current;
- You are entirely responsible for maintaining the confidentiality of your account information, including your username and password, and will immediately notify us of any unauthorized use of your account, or any other breach of security;
- You are entirely responsible and liable for any activity that occurs through your account as a result of your failing to keep your account information confidential and secure, regardless of who conducts the activity;
- You will not access or use anyone else’s account information without their express permission;
- We are not liable for any loss or damage arising from your failure to protect your username or password or comply with these obligations.
Other Terms and Conditions
Additional terms and conditions (including licenses or other agreements) may apply to your access to, use of, or participation in certain Content or portions of the Sites, purchases of goods or services, promotions, or other features, and all of those terms and conditions are made part of these Terms by this reference. In the event of a conflict between these Terms and any such other agreement, the other such agreement will control your access to, use of, or participation in that particular Content, good, service, promotion, or feature. The terms and conditions in the following policies also govern your access to and use of the Content and Sites and are incorporated into these Terms by this reference:
We may, at any time and in our sole discretion, make Changes to these policies and their terms and such Changes are effective immediately upon notice to you, and such notice may be given by any means, including posting on the Sites or by email. Any use of the Content or Sites by you after such notice means that you accept and agree to the Changes.
Changes and Restrictions Related to the Sites. We reserve the right to make Changes to the Sites or any portion thereof (including to any Content) as we deem fit at any time. We also reserve the right to deny, suspend, discontinue (temporarily or permanently), or terminate your access to the Sites or to any features or portions thereof (including to your account or Content), at any time and for any reason. In the event that we suspend or terminate your access to the Sites or Content, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination. You agree that we will not be liable to you or to any third party for any such denial, suspension, discontinuance, termination, or Changes the Sites, Content, or your access thereto.
Third Party Platforms and Materials. Automation Anywhere may provide the Sites and Content 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, nor will we have, any responsibility or liability for your use of such Third Party Platforms.
Additionally, the Sites may display, include, or make available third-party Content or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that we are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. We do not endorse the content of, nor will we assume or have any responsibility or liability for, your access to or use of any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Linking to the Sites. You may link to the homepage of the Sites, provided you do: (a) so in a way that is fair and legal; (b) not alter in any way the visual presentation or appearance of any Content; (c) not damage or take advantage of our reputation; and (d) not suggest any association, approval, or endorsement on our part where none exists. You agree that you will not establish a link from any website that is not owned by you and you will not link to any part of the Sites other than the homepage. You agree to cooperate with us and remedy, to our satisfaction, any linking that we deem unauthorized or inappropriate and, if we request in our sole discretion, to immediately cease any linking. We reserve the right to withdraw linking permission without notice.
Violation of These Terms. You also agree that if you violate these Terms, it will constitute, among other things, an unlawful and unfair business practice and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
THE SITES AND CONTENT ARE DELIVERED “As Is” and “as available,” with all faults. Automation Anywhere makes no express or implied representations or warranties of any kind, including regarding any PORTION OF THE SITES OR CONTENT. Automation Anywhere expressly disclaims any and all representations and warranties including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, satisfactory QUALITY, accuracy, quiet enjoyment, security, title, and non-infringement of any party’s rights.
Automation Anywhere does not represent or warrant that any PORTION OF THE SITES OR CONTENT is free of inaccuracies, errors, bugs, viruses, malware, interruptions, or is reliable, accurate, complete, otherwise valid, or that any defects will be corrected. YOUR USE OF THE SITES AND CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE SITES OR CONTENT INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
Limitation of Liability
AUTOMATION ANYWHERE AND ITS OFFICERS, AGENTS, EMPLOYEES, LICENSORS, OR SERVICE PROVIDED SHALL NOT, UNDER ANY CIRCUMSTANCES TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE TO YOU FOR ANY INDIRECT, DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES OR CONTENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR ANY OTHER PECUNIARY LOSS OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITES OR CONTENT, EVEN IF AUTOMATION ANYWHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. UNDER NO CIRCUMSTANCES SHALL AUTOMATION ANYWHERE BE LIABLE TO YOU FOR ANY AMOUNT.
IF, NOTWITHSTANDING THESE TERMS, 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, 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 FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SITES AND CONTENT IS AT YOUR SOLE RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIABILITY LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.
You agree to indemnify, defend (if we so request), and hold us and our 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) made against us by any third party due to, arising out of, or resulting from your use of the Sites 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 Sites and these Terms.
Electronic Communications. The communications between you and Automation Anywhere via the Sites use electronic means. You consent to receive communications from us in electronic form, and you agree that all communications that we provide to you electronically—including terms and conditions, agreements, notices, disclosures, and other communications—satisfy any legal requirement that such communications be in writing.
Geographic Restrictions. The Sites and Content are provided from, and Automation Anywhere is based in, the state of California in the United States. We make no representation that the Sites or Content are accessible or appropriate or available for use in other locations. Any offer made available in connection with, or through, the Sites or Content is void where prohibited. If you choose to access the Sites or Content from locations outside of the United States, you are solely responsible for complying with applicable local laws.
Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or related to these Terms, 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, the Sites (including the Content), or your relationship with us 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.
If you: (a) are not a U.S. citizen; (b) do not reside in the U.S.; (c) are not accessing the Sites or Content from the U.S.; and (d) a citizen of any European Union country or Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence, without regard to any conflict of law provisions and you irrevocably submit to the non-exclusive jurisdictions of the courts thereof.
Specifically excluded from application to these Terms is the United Nations Convention on the International Sale of Goods.
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 SITES (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 BARRED.
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, you agree that such provision shall be eliminated or limited to the minimum extent possible, and that the remaining provisions of these Terms will remain in full force and effect.
Procedure for Claims of Intellectual Property Infringement. We respect all relevant copyright laws, and ask that you do the same. We may, in appropriate circumstances and at our discretion, limit, disable, and/or terminate your access to or use of the Sites or Content if we determine you may be infringing the intellectual property rights of a third party.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information in writing:
- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
- A description of the copyrighted work claimed to have been infringed; or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the infringing material and information reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number, and email;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Claims can be sent to [email protected]e.com or Automation Anywhere, 633 River Oaks Parkway, San Jose, California 95134. You acknowledge that if you fail to comply with all of the above requirements, your notice may not be valid.
If you have any questions about these Terms, the Sites, or any Content, please email us at [email protected] or write to us at:
Automation Anywhere, Inc.
Attn: Legal Department
P.O. Box 640007
San Jose, CA 95164