2. Terms of Use

LICENSE AGREEMENT AND TERMS OF USE FOR THE COMMVAULT EDUCATION SERVICES PORTAL AND MATERIALS

THIS LICENSE AGREEMENT ("LICENSE AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AS A SINGLE INDIVIDUAL OR ENTITY) AND COMMVAULT SYSTEMS, INC. ("COMMVAULT") FOR THE COMMVAULT EDUCATION SERVICES MATERIALS, INCLUDING BUT NOT LIMITED TO: THE COMMVAULT EDUCATION SERVICES PORTAL, ELEARNING MODULES, TRAINING DOCUMENTS, VIDEO CONTENT, PRODUCT MATERIALS, ETC. (COLLECTIVELY, THE "Materials") PROVIDED HEREIN. BY ACCESSING AND USING THE MATERIALS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT GOVERNS YOUR USE OF THE MATERIALS ONLY. IF YOU DO NOT AGREE WITH THE TERMS CONTAINED HEREIN, YOU SHALL NOT HAVE ACCESS TO OR PERMISSION TO USE THE MATERIALS.

LICENSE AND INTELLECTUAL PROPERTY RIGHTS

1. This License Agreement grants you, the user, a revocable, non-exclusive, non-transferable license to use the Materials under the terms and conditions stated herein.

2. You may use the Materials solely for your internal business operations and informational reference relating to Commvault software products and services.

3. You may not: duplicate and/or redistribute any of the Materials, sell, resell, sublicense, rent, loan or lease the Materials to another party, transfer or assign your rights to use the Materials, or otherwise exploit or use the Materials for any purpose other than as permitted in this License Agreement.

4. All right, title and intellectual property rights in and to the Materials are owned by Commvault. No rights are granted to you other than a license to use the Materials upon the terms expressly set forth in this License Agreement.

5. The Materials are provided "AS IS" without a warranty of any kind.

SECURITY AND PRIVACY

6. You shall create a User Name and Password. You shall provide Commvault with accurate, complete and regularly updated profile information. You are responsible for maintaining the confidentiality of Your User Name and Password. Any fraudulent, abusive, or other illegal activity will result in the termination of Your account, Your use of the Service, Your paid content package subscription, if any, and all membership privileges, at Commvault’s sole discretion, and You may be reported to appropriate law-enforcement agencies.

7. Commvault uses a number of different security measures to maintain the safety and security of your personal information. Commvault’s Privacy Policy governs how Commvault collects, protects, shares and uses your personal information that you provide to Commvault or that we collect through your use of our website and portals. The Commvault Privacy Policy can be accessed at www.commvault.com/privacy-policy. Our policy is in accordance with applicable privacy and data protection laws in force in the jurisdictions in which we operate. You must be 18+ years old in order to use our website and portal.

USER CONDUCT

8. The content of the comments, forums, threads and posts reflects the thoughts and opinions of each author, and does not represent the thoughts, opinions, plans or strategies of Commvault and Commvault undertakes no obligation to update, correct or modify any statements made by users in the comments, threads, posts and forums accessed via the Materials. Any and all third party links, statements, comments, or feedback posted to, or otherwise provided by the Materials, thread or post are not affiliated with, nor endorsed by, Commvault.

9. As a user of the Materials, You agree to the following rules of conduct:

   Do:

   • Express your opinion succinctly and politely. Please be respectful of your fellow posters.
   • Use a valid e-mail address when posting, but don’t worry, your contact information will not be published or sold.

   Do not:

   • Post off topic. Please submit comments to the appropriate thread and discussion group.
   • Provide links on off-topic content. We will consider these posts as spam and they will not be published.
   • Engage in personal attacks. Please play nice.
   • Use harsh language, vulgarity, profanity (including expletives and letters followed by dashes), or post “snarky” and intentionally rude comments.
   • Impersonate anyone else.
   • SHOUT or be incoherent in your comments.
   • Use obscene language or language that personally threatens individuals.
   • Again, your post won’t get published, so don’t even bother.
   • Use keywords in author names – we prefer that you use your real name or your normal nickname. If we suspect you’re using an author name to simply include targeted keywords, we’ll delete your comment.
   • Post inappropriate content. Inappropriate content includes any content that is:
     • infringing upon or violates the copyrights, trademarks or other intellectual property rights of any person;
     • is libelous or defamatory;
     • violates a person’s right to privacy;
     • violates any local, state, national or international law;
     • degrades other on the basis of gender, race, class, ethnicity, national origin, religion, disability or other protected classification.

10. All postings shall be of an informational nature and for informational purposes only. Commercial use or any other unauthorized use of the Materials is prohibited. Do not use the Materials to solicit or conduct business, including the direct or indirect marketing of users' products or services, in any manner. The Materials may not be used to provide information, materials, products, or services in exchange for compensation of any kind.

MISCELLANEOUS

11. This License Agreement shall be governed by the laws of New Jersey, USA, without regard to any provisions concerning the applicability of the laws of other jurisdictions.

12. This License Agreement is the complete and exclusive statement of your agreement with Commvault with respect to the subject matter hereof and supersedes all prior agreements.

13. If any provision of this License Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of this License Agreement shall remain in full force and effect.

15. Commvault may terminate this Agreement and revoke the license granted to you hereunder, at any time for any reason, including but not limited to your breach of any of the terms and conditions of this License Agreement. Upon termination of this agreement, at Commvault’s direction, you will promptly destroy or return the Materials to Commvault.
16. The Materials are confidential information (“Confidential Information”) and constitute trade secrets of Commvault. You will hold all Confidential Information in confidence for a period of three (3) years from the termination of this Agreement. You will use the Confidential Information only as expressly authorized in this Agreement. You will protect the Confidential Information using the same degree of care you would use to protect your own Confidential Information, but no less than a reasonable degree of care, from any unauthorized use, dissemination, or disclosure.