The Direct Purchase Agreement (DPA) covers the terms for your purchase of products, services and solutions from Hitachi Vantara. Click to download the DPA for your country below. If you want a country not listed below, contact your Hitachi Vantara representative.
The DPA must be read along with the Hitachi Vantara Online Terms for Software Licensing, Maintenance and Support and As a Service Offerings, except for those countries highlighted by an *, in which case those terms are embedded in the DPA, due to local legal requirements.
The documents uploaded here are in English or local language of the relevant country. If you require another language, contact your Hitachi Vantara representative.
To be used with the Direct Purchase Agreement (DPA) located at https://www.hitachivantara.com/en-us/company/legal.direct-purchase-agreement.html. These terms will also apply to customers who purchase from Hitachi Vantara authorized partners.
The open source software content in Hitachi Vantara products may be found in the Product documentation, on this Open Source License Website, or at https://knowledge.hitachivantara.com/Documents/Open_Source_Software. To the extent the license for any open source software requires Hitachi Vantara to make available certain source code and/or modifications, you may obtain a copy of the applicable files by sending a written request with your name and address to: Product Manager of [Insert Product Name], Hitachi Vantara LLC, 2535 Augustine Drive, Santa Clara, CA 95054 or emailing OSS_licensing@hitachivantara.com.
These Service Starter Pack Exhibits are to be used with Professional Services provided by Hitachi Vantara on selected hardware and software product sales.
This Description of Services sets forth Waterline Data Science, Inc.’s (“Waterline”) professional services to assist Customer’s IT staff with deployment of the Waterline software products (the “Software”). The Waterline professional services described in this Description of Services (collectively, the “Services”) are based upon Waterline’s understanding of Customer’s current requirements. The Services may be delivered remotely or on-site.
The Services described herein are offered to Customer on a fixed-fee basis, and the fee for such Services is specified on the Order Form.
Customer shall prepay the total fees for the Services stated on the Order Form. Invoices shall be paid by Customer net thirty (30) days from date of receipt of invoice from Waterline, unless Customer has entered into a separate agreement with Waterline, in which case the payment terms agreed in such agreement shall govern.
Collectively, the terms below are referred to as the "Policy."
Please contact email@example.com with any questions about this Policy.
HITACHI may, in the course of business, collect personal information, including personal data regulated by the European Union (EU) General Data Protection Regulation 2016/679 ("GDPR"), which is voluntarily provided by you. The potential uses of your personal information by HITACHI are outlined in this Policy.
Our policy is not to share personal information with third parties except as provided for in this Policy, to facilitate our internal information processing activities, or to comply with applicable law. We recognize that your personal information is confidential and we take steps intended to protect your personal information while it is in our possession.
Hitachi may invite you to provide limited business-related personal information, including but not limited to:
Please note that Hitachi disclaims any legal duty to verify the accuracy of any personal information that you provide to Hitachi.
California residents: some of the above-listed information constitutes “Personal Information” as defined in Cal. Civ. Code §1798.80(e) and/or protected classifications under California or US federal law.
Sensitive Personal Information
Hitachi does not collect, store, or process any sensitive personal information from you for the purposes described in this Policy, including sensitive personal data as regulated by the GDPR. Depending on your location, sensitive personal information may include various types of personal information relating to: race or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; genetic data; biometric data for the purpose of uniquely identifying a natural person; data concerning health; data concerning a natural person's sex life; sexual orientation or criminal record. We request that you do not provide sensitive personal information to us.
Use of Your Personal Information by Hitachi
Hitachi may have disclosed the above-listed personal information provided by you to third parties for business purposes (please see “Third Parties” below).
Typically, Hitachi will ask for you to submit personal information for the following purposes:
HITACHI collects personal information for legitimate business purposes and to comply with HITACHI's legal obligations. In any instance where non-mandatory information is sought, you will be notified of this at the point of collection.
HITACHI uses your personal information provided over the Site to better understand your needs and provide you with better service. Specifically, we may use your personal information to update you on the benefits and features of HITACHI's products and services and to provide you with information and material requested by you. From time to time, we may also use your personal information to contact you for market research or to provide you with marketing information we think would be of particular interest. You may control, edit or view your preferences at Hitachi Vantara's Preference Center.
We may also collect details of your visits to our Site for system administration and to report aggregate information, such as Site traffic data, location data, logs and other communication data, the resources that you access, information about your computer and internet connection (such as IP address, operating system, browser type). This statistical data about our users' equipment, browsing actions and patterns is not intended to identify any specific individual. By providing your personal information to HITACHI, you explicitly consent to the collection of details of your visits to our system for the purposes described above.
Personal information, including personal information collected in the European Economic Area ("EEA") collected by Hitachi may be transferred, stored and processed by member companies of the worldwide Hitachi organization and the Hitachi family of companies, our business partners or third-party service providers who are established in jurisdictions without comprehensive data protection laws. Transfer of information to third parties or to locations outside of your country of residence are managed in accordance with applicable laws, which may include the GDPR
We take reasonable steps aimed to protect your personal information. These steps include implementing the European Commission's Standard Contractual Clauses for transfers of personal information from our group companies in the EEA to our other group companies. We have implemented similar appropriate safeguards with our service providers, partners and affiliates. For more information about these safeguards, please contact firstname.lastname@example.org.
By providing your personal information to HITACHI, you explicitly consent to the transfer of your information outside of your country of residence.
There may be circumstances under which HITACHI may be legally compelled to disclose your personal information. These circumstances may include, among others, situations where disclosure is required by law applicable to HITACHI, or necessary to comply with an order of a court or governmental agency, export control, or necessary for matters of safety and security. In such cases, HITACHI will make good faith efforts to provide only that information which is the subject of the official order or request.
Your personal information will be retained for as long as necessary to fulfil HITACHI's legitimate business purposes, unless a longer retention period is required by applicable law.
Hitachi does not and will not sell, rent, or lease your personal information to others.
California residents: we are required to notify you if Hitachi has sold, rented, or leased your personal information in the last twelve months. Hitachi has not sold, rented or leased your personal information in the last twelve months.
Unless we have specifically informed you, obtained your consent, or are permitted or required to do so by the laws of the jurisdiction we operate in, we will only share the personal information you provide with business partners and third-party service providers who are acting on our behalf, and then only for the uses described in this Policy. To be clear, the personal information Hitachi discloses to third parties may include any of the categories of personal information listed above (see “Collection Of Your Personal Information By Hitachi”).
Specifically, we do not disclose your personal information to third parties for the third party's own direct marketing purposes unless you have provided your affirmative consent for such a disclosure. Hitachi will take appropriate steps to ensure that these third parties protect the confidentiality and security of your personal information.
Similarly, we ask that you do not provide us with information about third parties without their permission. You represent that, when providing us information about third parties, you have obtained previous, express and informed consent of such parties to process their personal data.
There are several places throughout the Site that may link to other websites that do not operate under HITACHI's privacy practices. HITACHI does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. When you link to other websites, HITACHI's privacy practices and this Policy no longer apply and HITACHI assumes no responsibility for the information or other practices of a website that is accessible through HITACHI. We encourage you to review other website privacy policies before disclosing any personal information to them.
HITACHI respects your right to make your own choices about how your personal information is handled. Should you choose to subscribe to mailing lists or any registrations, and later decide to unsubscribe you may unsubscribe on our Preference Center. You can also opt out by clicking "unsubscribe" in any marketing email communications we send you, or you may contact HITACHI at email@example.com.
In addition, access to certain applications or services may involve particular uses, disclosure or transfer of the personal information being collected during registration for that application or service. If required under the laws of your country of residence, you will be notified of such intended uses, transfer or disclosure and asked to provide your consent. Failure to provide your consent where so requested may mean you will not be provided access to the applications or services for which your personal information cannot be lawfully processed.
HITACHI strives to ensure the accuracy of your personal information, as provided to HITACHI. We will also provide you with notifications as required by applicable law.
If you are a resident of the EEA or as permitted by the laws of your jurisdiction, you may also:
CONTACT FOR PRIVACY REQUESTS
Requests to exercise your privacy rights can be directed to any of the following:
We have put in place technical and organisational procedures to safeguard and secure the information we collect from you and to reduce the risk of loss, unauthorized access, misuse and alteration. Unfortunately, the transmission of information via the Internet is not completely secure. Although we work very hard to protect your personal information, we cannot guarantee the security of your personal information transmitted over our Site.
In the unlikely event of a sale of Hitachi, a Hitachi business unit, or a Hitachi affiliate, personal information held by Hitachi may be made available to a buyer or prospective buyers in order for them to evaluate any such purchase or to operate any parts of Hitachi’s business.
Subject to the legal requirements of your jurisdiction of residence for notice and consent, Hitachi reserves the right to modify or amend this Policy at any time in order to adjust to applicable laws or regulations, or changes in Hitachi’s practices or procedures. Where conflicts exist between the terms and conditions of this Policy and applicable national data protection laws, the latter will take precedence. This Policy is not intended to, and does not, provide rights beyond those that are prescribed by applicable national laws. The implementation date will be displayed at the bottom of this Policy.
Hitachi Content Platform (hereinafter, "HCP") Anywhere is deployed by enterprises to mobilize, manage, and protect data. The data on the HCP Anywhere mobile application is stored and managed by the particular enterprise that deployed the HCP Anywhere sever, not Hitachi. In these cases, any data subjects who wish to exercise their rights should direct their query to our customers who act as "Data Controllers".
When installed on a device, the HCP Anywhere mobile application has access to several permissions which allows it to enforce security policies on the device based on the enterprise's HCP Anywhere settings. Mainly, the application can enforce:
The HCP Anywhere mobile application enforces these policies using Device Administration. Although the HCP Anywhere mobile application can enforce certain policies on the device, it does not collect or process any personal information (e.g. Your device password).
Our Site, our products, and services are not directed to minors, including individuals under the age of thirteen. Please let us know if a minor or person under the age of thirteen has provided Hitachi with personal information by contacting firstname.lastname@example.org. In the event that we become aware that a minor has provided us with personal information, we will implement the necessary technical and organizational measure to erase said information.
We welcome your inquiries or comments about this Policy and any queries or concerns that you may have about the Site.
Please contact HITACHI at email@example.com or at the following address:
Hitachi Vantara LLC
2535 Augustine Drive
Santa Clara, CA 95054 USA
Attention: Global Data Protection Officer
This Policy was last updated on December 31, 2019.
Cookies are text files containing small amounts of information that are downloaded to your device when you visit a website.
Cookies allow a website to recognise users, for example with your browser log-in-data, in order to understand the users’ navigation on different websites.
In practice, the website that you visit sends information to the browser, which then creates a text file. Every time the user goes back to the same website, the browser retrieves and sends this file to the website’s server.
Cookies are used for a variety of reasons, for example, to improve the functionality and performance of our Site(s) and to protect your privacy when browsing through them.
HITACHI wants you to enjoy your experience on our Site. For this reason, when visiting HITACHI Sites, cookies are installed on your computer.
When using HITACHI Sites, data logs of your activity may be collected for the purpose of understanding aggregate usage of features and pages, improve the functionality and performance of this Site and to allow us to tailor the content of the Site to suit your interests.
Below, you will find a table explaining the cookies we use and the purpose to use them:
|Cookie||Name||Description||Purpose of adding the cookie|
|Essential/Functional||LPVID||Live Person (web chat)||Visitor ID as identified in LiveEngage.
This cookie identifies a browser as long as the cookie is not deleted.
LiveEngage uses information stored in cookies to maintain session data and to identify returning visitors by saving LiveEngage-specific data such as visitor ID and last chat date. It helps the website to remember information about a visit, so when a visitor browses the same website in the future, the data stored in the cookie is sent back to the website by the browser.
|Essential/Functional||LPSID-SiteID||Live Person (web chat)||Current active (or last) monitoring session. This cookie feeds the session information to the LiveEngage Tag, which is used for various Analytics related information on their admin panel.|
|Analytics||_ga||Google Analytics Cookie||This cookie is used to distinguish users and has an expiration period of 2 years.|
|Analytics||_gid||Google Analytics Cookie||This cookie is used to distinguish users and has an expiration period of 24 hours.|
|Analytics||_gat||Google Analytics Cookie||This cookie is used to throttle request rates and has an expiration period of 10 minutes.|
|Analytics||AMCVS||Adobe Analytics||This cookie captures Unique visitor IDs used by Marketing Cloud Solutions and has an expiration period of 2 years.|
|Analytics||WT_FPC||Webtrends Analytics||This is a default cookie to capture domain name and setup in webtrends.js file.|
|Analytics||WWW_HDS_PROD||Webtrends Analytics||This is a custom cookie to capture domain name setup and is used in WebTrends admin console.|
|Analytics||s_vnum||Adobe Analytics||Visit number – a random number is created and stored with a vn= parameter to say which Visit number this is. If the same number returns, then the vn parameter is incremented.|
|Analytics||s_ppvl||Adobe Analytics||This cookie contains information about the current page and entry page to the website.|
|Analytics||dtm_v10||Adobe Analytics||Custom cookie created for Adobe Analytics.|
|Analytics||dtm_v11||Adobe Analytics||Custom cookie created for Adobe Analytics.|
|Analytics||s_ppv||Adobe Analytics||The plug-in creates its own first-party cookie named s_ppv to store the % viewed values.|
|Analytics||AMCV_||Adobe Analytics||This cookie captures Unique visitor IDs used by Marketing Cloud Solutions and has an expiration period of 2 years.|
|Analytics||s_invisit||Adobe Analytics||This cookie differentiates between users and gathers statistical data regarding their actions on our site and traffic.|
|Analytics||s_lv_s||Adobe Analytics||This cookie differentiates between users and gathers statistical data regarding their actions on our site and traffic.|
|Analytics||s_nr||Adobe Analytics||This cookie is used with getNewRepeat Plugin for tracking if a user is new or has returned.|
|Analytics||s_lv||Adobe Analytics||This cookie differentiates between users and gathers statistical data regarding their actions on our site and traffic.|
|Analytics||hdsGatedParentPageRef||Adobe Analytics||This custom cookie is created by our Analytics team to capture parent page information for different gated pages.|
|Analytics||campGatedParentPageRef||Adobe Analytics||This custom cookie is created by our Analytics team to capture parent page information for different gated pages.|
|Analytics||Vcategory||Adobe Analytics||This custom cookie is created by our Analytics team to capture 3rd level section for hier1 variable.|
|Analytics||dtusGatedParentPageRef||Adobe Analytics||This custom cookie is created by our Analytics team to capture parent page info for different gated pages. We will have different cookies for each DT geo sites.
e.g. dtdeGatedParentPageRef etc
|Analytics||hdsGatedParentPageRef||Adobe Analytics||This custom cookie is created by our Analytics team to capture parent page info for different gated pages. We will have different cookies for each DT geo sites.
e.g. dtdeGatedParentPageRef etc.
|Analytics||hdsType||Adobe Analytics||This cookie is used occasionally. It is an SSO cookie to define user type for analytics reports.|
|Analytics||hdsUserType||Adobe Analytics||This cookie is used occasionally. It is an SSO cookie to define user type for analytics reports.|
|Analytics||ACOOKIE||Webtrends Analytics||This cookie contains the GUID and addition visit and session information in an encrypted format.|
|Analytics||AMCVS_||Adobe Analytics||Adobe Marketing Cloud uses a cookie to store a visitor ID that is used across Marketing Cloud Solutions.|
|MISC||_mkto_trk||Marketo||On a lead’s first visit to a page on your domain, a new anonymous lead record will be created in Marketo. The primary key for this record is the Munchkin cookie (_mkto_trk) which is created in the user’s browser.|
|MISC||Pentaho||Custom Cookie||This cookie is created when a user is downloading Pentaho set-up for first time. When this cookie exists, we don’t ask for filling form again on a second and subsequent visits.|
|MISC||trwv.uid||Marketo - RTP||This cookie enables us to track and monitor any errors and response times of requests. This information is used to monitor performance and will alert our team to any issues with eNett services.|
|MISC||wmNewCorp||Custom Cookie||This cookie is used to display the welcome modal window.|
|MISC||pentahoPopup||Custom Cookie||This cookie is used to display welcome modal window if a user is coming from the Pentaho site.|
|MISC||Vlmref||Vendemore||This cookie is used for marketing purposes and has an expiration period of 1 year.|
|MISC||trwsa.sid||Marketo – Munchkin/RTP||This cookie is required to track web activity of a lead that is known to Marketo.|
To ensure you enjoy your experience when accessing and using Hitachi Visualization Suite (HVS), essential cookies are installed on your computer with the sole purpose to facilitate user’s ID authentication when loggin in the HVS.
As described in the below table, those cookies are classified as “session” cookies because they are used only during the open session to authenticate user’s ID. The below “session” cookies expire once HVS session is closed.
Below, you will find a table explaining the cookies we use and the purpose to use them in Hitachi Visualization Suite (HVS):
|Cookie||Name||Third Party||Purpose of adding the cookie|
|Essential||AUTH_SESSION_ID||Keycloak||Internal cookie from Keycloak, ID of current authentication session. format: session_id.keycloak_node_name|
|Essential||AUTH_SESSION_ID_LEGACY||Keycloak||Internal cookie from Keycloak, ID of current authentication session. format: session_id.keycloak_node_name|
|Essential||KEYCLOAK_SESSION||Keycloak||Internal cookie from Keycloak, user session tracking of current authentication session. format: realm_name/user_id/session_id|
|Essential||KEYCLOAK_SESSION_LEGACY||Keycloak||Internal cookie from Keycloak, ID of current authentication session. format: realm_name/user_id/session_id|
|Essential||KEYCLOAK_IDENTITY||Keycloak||Internal cookie from Keycloak, user identity token of current authentication session.|
|Essential||KEYCLOAK_IDENTITY_LEGACY||Keycloak||Internal cookie from Keycloak, user identity token of current authentication session.|
|Essential||KC_RESTART||Keycloak||Internal cookie from Keycloak, Keycloak system flag.|
If you do not agree with the use of our cookies, you can set up your browser settings to limit or exclude their use. You may also customize your cookies settings displayed in our cookies’ pop-up. Your browser may provide you with information and control over the cookies. Moreover, you can configure your browser to inform you when a cookie is being used, giving you the opportunity to accept or reject the cookie. Your browser’s “help” function will tell you how to do this.
If you configure your browser to opt-out from storing cookies, this might impact your ability to use or your user experience on our Site.
Finally, you also have the option to stop using HITACHI Site(s).
Cookies remain on your computer for no longer than 24 months, but you can decide to delete all the cookies by accessing your browser settings at any time.
The cookie description and settings are only applicable to those Site(s) managed and owned by HITACHI. If we include a link to an external webpage and you click on it, you will leave our website and be subject to the settings and policy applying to that external website. Please be cautious and review the settings and the applicable policy of the new website you are visiting.
Certain data protection laws give data subjects the ability to access, rectify, erase, restrict processing, object to processing, and/or have portable formats of their personal information. Data subjects may exercise these rights by way of a data subject rights request, i.e. a written request by an individual to a data controller or data processor to exercise or as part of exercising her/his right under such laws. This document sets out Hitachi Vantara's policy for responding to a data subject rights request under applicable data protection laws, including the EU's General Data Protection Regulation.
Hitachi Vantara welcomes all reasonable requests for information. Hitachi Vantara will review and, when appropriate, respond to these requests within the time period specified by applicable law.
Depending on where you live, you may have the right to see, correct, delete, object or limit how we process, and/or obtain a portable copy of the personal information we hold about you. However, this is not always an absolute right. This means that your requests may be subject to certain exemptions or grounds on which we may refuse. Should you wish to make a request, you are encouraged (but not compelled) to do so by using one of our request forms found online.
Upon receiving a request, we will firstly seek to verify your identity to ensure that the request is made by you or by another person who is authorised on your behalf to make this request (such as a legal guardian or authorised agent). You may be asked to provide any evidence that confirms your identity (such as proof of your address). If you are requesting on behalf of another individual, you must supply the individual's consent for the release of that individual's personal information to you.
We will then evaluate your requests pursuant to applicable law, the rights of third parties, and any contractual agreements we have with you. This may involve communications with external stakeholders who hold the relevant personal information. Unless the other party has provided their consent or it is reasonable to do so without their consent, we will not share any information that relates to a third party. Information may be redacted with an explanation of its scope and reason.
We aim to respond to your request within the period mandated by the relevant law, or if none is specified, within a reasonable time period after you have made the request. If we are unable to do so, you can expect an explanation from us on why we are unable to do so. You may also receive a preliminary reply from us requesting for further information, or to update you on progress undertaken or the timing (including the fact that the time limit will not start to run until the further information is received).
Except where permitted by law, we will not charge you any administrative or other fee. If we do, we will inform you promptly of this.
Access Request: If you make a request to access your personal information, we may do any of the following as part of issuing our response when permitted by law: (a) summarise information rather than provide a copy of the whole document; (b) provide access to your personal information on an informal basis, such as by phone or in person; (c) send permanent copies of the information to you (except where otherwise agreed, it is impossible to do so, or it would involve undue effort); (d) allow you to view the information on screen. Your access will depend on the means by which we received the request, the volume of information sought or the nature of the information. In any event, we will consult with you to try to satisfy your request and also explain any complex terms or abbreviations contained in the information.
Data protection laws contain a number of exemptions to any right to access, correct, delete, object or limit how we process, and/or obtain a portable copy of your personal information. An example of an exemption is information covered by legal professional privilege. Should we refuse your request, we will write to you to explain our grounds for the refusal as well as setting out any other matters prescribed by the data protection law applicable to you.
If you are not satisfied with our actions, you may submit a complaint to the Global Data Protection Officer (firstname.lastname@example.org). If you remain dissatisfied, you may have the right to refer the matter to your local data protection authority.
Last Updated: May 25, 2018
At Hitachi Vantara, we commit to conduct business with integrity. It starts inside the company with our employees and contractors and extends to the way we conduct business with our customers and our suppliers. This commitment touches everything we do. We encourage anyone with a concern about the way in which we are conducting business to report it. Hitachi Vantara does not tolerate intimidation or retaliation against anyone who raises a concern in good faith. We are committed to doing business the right way, every day.
Who seeks guidance concerning any potential ethical violation or illegal behavior.
Who reports any ethical violation or illegal behavior to Hitachi Vantara or any government or law enforcement agency.
Who refuses to participate in any ethical violation or illegal behavior.
The trademarks, logos, service marks (collectively "Trademarks") displayed on this Site are registered and unregistered Trademarks of Hitachi, Ltd., Hitachi Vantara, its affiliates or its respective owners. The following list may not contain an exhaustive list of all Trademarks currently registered or used by Hitachi Vantara in the United States and other countries. For the most up-to-date trademark information and inquiries, please contact the Hitachi Vantara Legal Department.
Hitachi, Ltd., Trademarks
Hitachi Vantara Trademarks
Hitachi Vantara Trademarks
Copyright 1995-2023 Hitachi Vantara LLC. All rights reserved.
All pages and content within the Site are the property of Hitachi and/or the other providers.
The trademarks are registered and unregistered trademarks of Hitachi, its affiliates or other providers. "Hitachi" and other trademarks set out in this Agreement are trademarks and/or service marks of Hitachi and/or its parent company Hitachi Limited. Please click on the Trademarks Tab at https://www.hitachivantara.com/en-us/company/legal.trademark.html for more information. Nothing on this Site should be construed as granting any license or right to use the trademarks displayed on this Site, whether by implication, estoppel or otherwise. Misuse of any trademark or any content displayed on this Site is strictly prohibited.
a. License. Subject to the terms and conditions of this Agreement, and until the Agreement ceases to apply to you, Hitachi grants to you a non-exclusive, non-transferable, limited and revocable license to access, view or print the content in this Site, without alteration, solely and strictly for the Authorized Purpose. You may download the content, solely as required by You to access, use, view or print it, but You must include the copyright notice set out in Section 1 on any printed version of the content. Except as stated otherwise on the Site, Your use of the Site will be royalty-free and without charge (for the avoidance of doubt, You may be charged or required to enter into further contracts with respect to particular content on the site). This limited license does not apply to any media or platform other than that of the current Site. You must not transfer, or attempt to transfer, the limited license granted to You in this Section 3.
b. Ownership. Hitachi and/or the other providers exclusively retain ownership of all intellectual property rights in the Site and all content on the Site and those rights are protected under applicable copyrights, patents, trademarks, trade dress, and/or other proprietary rights laws. Other than the rights expressly provided in this Agreement, You obtain no rights whatsoever in the Site or its content (including any ownership rights), by or through Your Site use. You must not do anything that infringes, threatens to infringe or otherwise jeopardizes the rights of Hitachi and/or the other providers in the Site and the content.
c. Downloadable Software. The Site may contain downloadable software. Unless a separate license exists for such software (either from Hitachi or another provider) You agree to use the software on the terms of this Agreement, including the restrictions on use set out in Section 4. If a separate license applies to such software, You will be bound by the terms and conditions of such license.
a. Prohibited Acts. Concerning Your Site use or any content, You must not:
b. Commercial Exploitation. Other than as expressly permitted in Section 3, You must not commercially exploit any content in any form, or incorporate any content into any information retrieval system, whether electronic or mechanical.
c. Right to Regulate. You acknowledge that Hitachi has the right at any time, but no obligation, to monitor the Site or Site-related services and to disclose any information necessary: (i) to operate the Site; to (ii) to protect Hitachi, Ltd., its subsidiaries, other providers and third parties and the customers, suppliers and partners of Hitachi or its parent company, Hitachi, Ltd.; and (iii) to comply with legal obligations or governmental requests. Hitachi reserves the right to refuse to post or to remove any information on the Site, in whole or in part, for any reason. Hitachi also reserves the right to prohibit any user, who in Hitachi's sole discretion, violates the Agreement, from use of this the Site and related services and content (such prohibition may occur without notice to the user).
d. Law Compliance. You agree to comply with all governmental laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding Your Site use.
e. Minors. Minors are not eligible to use this Site. Hitachi asks that no information in relation to minors be submitted to Hitachi.
a. Password-Protected Areas. If You are authorized to have access to password-protected areas of the Site, You must keep Your password confidential, and if Your password is compromised, You must send notice of this to Hitachi within 24 hours of first becoming aware of it. Hitachi does not agree to protect or indemnify You from any unauthorized use of Your password. Hitachi is entitled, at any time and without having the obligation to justify its decision, to deny You the right to access password-protected areas by blocking Your user name and password, particularly if You (i) use false data or information for the purposes of registration; (ii) You violate this Agreement or You neglect Your duty of care with regard to Your user name and password.
b. Unauthorized E-mail. With respect to Your Site use, You must not engage in the sending of any mass e-mail messages (also known as "spamming") to Hitachi or its employees, contractors or third parties.
c. Linked Sites. The Site may contain links to Linked Sites and when You click on a link to visit a Linked Site, a frame may appear that contains a trademark of Hitachi or its parent company, Hitachi Limited, advertisement or other information. You acknowledge that: (i) Hitachi neither endorses, nor is affiliated with any Linked-Site and the owner of the Linked Site neither endorses, nor is affiliated with Hitachi; (ii) Hitachi cannot and does not control any content or activities on the Linked Site; (iii) Hitachi is not responsible for the availability of the Linked Sites nor any information (including any materials, software, content, or data) that appears on the Linked Site or for any products or services contained in, or referenced by, the Linked Site; and (iv) no information in any Linked Site has been investigated, confirmed, approved, or verified by Hitachi. If You have a dispute or claim relating to a Linked Site, you hereby release Hitachi and its employees, agents and contractors from any and all liability with respect to such disputes and claims, including any demands and damages of every kind and nature (whether direct or indirect, known or unknown, suspected or unsuspected and disclosed or undisclosed) arising out of, or in any way connected with such disputes and claims. If You are a California resident, you waive California Civil Code §1542.
d. Dated Materials. You acknowledge that Hitachi has no obligation to update the Site. Therefore, when You use the Site, there is a possibility that some content may be out of date, including information about the products and services of Hitachi or third parties or pricing thereof.
e. External Issues. You acknowledge that (i) the Internet is a network of computers worldwide, and that any information that You submit to Hitachi necessarily is routed via third party computers to Hitachi; (ii) Hitachi is not responsible for any lapses in online security and does not assume liability for improper use of Your information by a third party.
f. Site Inaccuracies and Errors. It is possible that the Site could include inaccuracies and errors (including both substantive and typographical errors). It is also possible that unauthorized additions, deletions and alternations to the Site could be made by third parties. Subject to the express terms of this Agreement, You: (i) bear the entire risk of loss of Your Site use and Site-related services, including with respect to security, privacy and technical malfunctions; and (ii) assume the cost of all necessary servicing, repair, correction or replacement of Your property or operations as a result of Your Site use. Although Hitachi desires and strives to maintain the accuracy and integrity of the Site and the content, Hitachi makes no guarantees whatsoever as to the accuracy and integrity of the Site or its content. Hitachi is also not responsible for any content that You may find undesirable or objectionable. If You discover an inaccuracy or error, You will promptly inform Hitachi, so that it may be corrected, provided however that Hitachi does not guarantee that any reported inaccuracy or error will be corrected or resolved by Hitachi even if Hitachi attempts to correct or resolve the same. Furthermore, You hereby release Hitachi, and Hitachi hereby disclaims all and any responsibility or liability for any damage or loss caused by viruses contained in the Site or related electronic files.
g. No Obligation to Purchase. This Site and the content are not to be construed as any form or recommendation, promotion, endorsement or an offer to sell any product or service by Hitachi. You are not obligated under this Agreement to purchase or otherwise acquire any product or service from Hitachi, and You should apply Your own judgment in Your Site use, including the use of any content as the basis for any conclusions or for the purchase of any product or service or any other transactions. Nothing in this Agreement prohibits or restricts Hitachi from commercially offering any product or service, and Hitachi may modify or discontinue such product or service at any time.
a. Grant of License to Hitachi. When applicable, before submitting any information to this Site, You must always check Your license Agreements (including software licenses) to make sure that You do not infringe the intellectual property rights of others.
By submitting any information to Hitachi, You hereby grant to Hitachi a non-exclusive, worldwide, perpetual, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, reproduce, distribute, adapt, perform, display, sublicense (through multiple tiers), exploit, and prepare derivative works of the submitted information. By submitting information to Hitachi, You represent and warrant that You have the authority to grant such rights to Hitachi.
c. Use of Software. If the submitted information includes or consists of a Java™ applet or other software resource, the license granted to Hitachi will apply to both object code and source code formats of the applet or resource and Hitachi will have the right to analyze, report on, summarize and display the source code on its websites. However, Hitachi will not display the complete source code of Your resource, unless You grant to Hitachi the express written permission to do so in the resource submission or resource update forms. If You submit a resource to Hitachi or grant to Hitachi the permission to display Your source code and decide that You no longer want to grant to Hitachi the permission to display Your source code, Hitachi will remove the resource and/or source code from the Site if You send a notice to Hitachi, requesting the relevant resource and/or source code to be removed from the Site. Upon receipt of such notification by certified mail, Hitachi will use reasonable efforts to remove the relevant resource and/or source code from the site within fifteen (15) days of receipt of the notice.
d. Your Warranty. You represent and warrant that, where You access the Site on behalf of a company with actual or prospective business dealings with Hitachi (the "Company"): (i) You are an authorized representative of the Company; (ii) You will use the Site and its Content solely as directed by the Company and in accordance with the terms and conditions of this Agreement; (iii) Your Site use will at all times be for the Authorized Purpose; (iv) You have been authorized by the Company to enter this Agreement, use the Site and use any password that Hitachi has issued to You and You will not share such password with anyone; (v) upon the termination of Your relationship with the Company (whether employment or otherwise), You will send notice to Hitachi of this and immediately cease all Site use.
e. Ownership of Information. You retain ownership of any copyrights or other intellectual property rights applicable to any information You submit to Hitachi.
a. Geographic Scope. Although the Site is accessible worldwide, not all products, services or offerings referred to in the Site may be available to all persons in all geographic locations. Hitachi reserves the right to limit the provision of any product, service or offering to any person, geographic area or jurisdiction as it so desires, subject to applicable law.
b. Content Changes. Hitachi may add to, delete or change the content at any time in its sole discretion (including the products, services and offerings referred to on the Site and any price changes), without notice to You.
c. Indemnity. You agree to indemnify, defend and hold harmless Hitachi, its parent company Hitachi, Ltd., and other providers against any and all liabilities, claims, damages, costs or other expenses (including attorneys' fees, costs, expenses, and expert witness fees) that arise directly or indirectly out of or from (i) Your breach of this Agreement, or (ii) Your Site use.
d. Hitachi Goodwill. You acknowledge that the content has acquired a valuable secondary meaning and goodwill within the public. Accordingly, You must not use the content in any manner whatsoever that, directly or indirectly, would derogate from or otherwise reduce the good repute of Hitachi and/or the content. If You or any of Your employees, officers, agents, contractors or shareholders (if any) are convicted of an offense, which materially and adversely affects the goodwill of Hitachi and/or the content, Hitachi may terminate this Agreement.
e. Protection of Content. You agree to participate, to the fullest extent possible, as Hitachi in its sole discretion may consider necessary, in any activities to protect any of the content. You must cooperate with Hitachi to maintain and defend the ownership and validity of the content against infringement or claims of infringement.
Your Site use may give You access to confidential information of Hitachi. You acknowledge that there is no obligation on Hitachi to provide You with access to any confidential information, whether through the Site or otherwise. However, if Hitachi choses to disclose confidential information to You, You agree as follows:
a. Non-Disclosure. You agree to maintain the confidential information of Hitachi in strict confidence, utilizing the same degree of care used by Your or Your company to protect the respective confidential information of You or Your Company, and in any event, no less than a reasonable degree of care and to not disclose the confidential information to any third party or to any employees, supervisors or agents of Your Company without a strict "need to know". You will use the confidential information of Hitachi only as agreed by Hitachi in writing signed by a Hitachi executive.
b. Post-Termination. Upon written request by Hitachi, or upon the termination of this Agreement, You must immediately return, destroy or purge (as directed by Hitachi) all confidential information and copies thereof, and all copies of all materials, in whatever format, containing, reflecting or concerning the confidential information. You hereby expressly assign to Hitachi any and all rights that You may have, or have acquired in such confidential information and agree to execute all documents necessary (now or in the future) to give effect to the assignment.
c. Grant of Rights. Other than as stated in Section 3, You are granted to no license whatsoever in the confidential information, or in any patent, copyright or other proprietary or intellectual property right of Hitachi. Your obligations under Section 8a will end five (5) years after the termination of this Agreement or, if any confidential information of Hitachi enters the public domain at an earlier point in time (through no fault of Your own) then Your obligations under Section 8a will end for that item of confidential information at the time it entered into the public domain.
d. Non-Disclosure Agreement. Hitachi reserves the right, at any time, to require You to enter into a further non-disclosure Agreement with respect to any confidential information of Hitachi, as a condition of its disclosure to You, or otherwise as a condition of Your continued use of the confidential information.
a. Government Use. The software and documentation available on the Site are "commercial items," as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of "commercial computer software" and related documentation, as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.
b. Export Compliance. You acknowledge and agree to comply with all U.S. laws, regulations and requirements that regulate the export of U.S. origin products and technology and prohibit their use, sale or re-export if You know, or have reason to know, that such products and technology are for use in connection with the design, development, production, stockpiling or use of nuclear, chemical or biological weapons or missiles. Furthermore, You will comply with any law from other jurisdictions that regulate import/export of information/data/know-how which may be applicable to You.
c. Anti-Corruption. You will comply with all applicable laws, statutes, regulations and codes relating to anti-corruption, including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act 2010. You will not engage in any activity, practice or conduct which would constitute a breach of any of these anti-corruption laws, or cause Hitachi to be in breach of such laws. The Hitachi Vantara Code of Conduct (https://www.hitachivantara.com/en-us/pdf/other/partner-code-of-ethics-business-conduct.pdf) sets out in detail how Hitachi employees should behave and what they should do if confronted with corruption. In the event You encounter or suspect a breach of the Hitachi Vantara Code of Conduct by a Hitachi employee, you will promptly report the same to Hitachi.
a. Disclaimer of Warranty. Hitachi and other Content Providers make no representation about the suitability of the content hereon. This Site, and access to any linked site, is provided to you by all Content Providers "as is" and "as available," with no representations or warranties of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, availability, currentness, security, privacy, reliability and non-infringement. You hereby waive all warranties by Hitachi related to Your Site use. You acknowledge that Your access to the Site will not be free of interruptions or secure, that the information herein may contain bugs, errors, problems or other limitations, and that the Site may be unavailable from time to time.
b. Limitation of Liability. Under no circumstances will Hitachi or any of the Content Providers be liable or responsible for any direct, indirect, incidental, consequential losses or damages (including damages from loss of business, lost profits, lost or damaged data, losses arising from litigation, loss of use or lack of availability of facilities including computer resources, routers and stored data, loss resulting from any other website, application or platform accessed to or from this Site, or the like), special, exemplary, punitive or other damages, under any legal theory, arising out of or in any way relating to the Site, Your Site use, or the content, even if advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site and/or content is to cease all of Your Site use. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to You, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to You.
Hitachi Vantara LLC abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. This policy describes how you as a copyright holder can notify Hitachi Vantara LLC of any alleged copyright infringement.
As part of Hitachi Vantara LLC's response, we may remove or disable access to alleged infringing material residing on a site that is controlled or operated by Hitachi Vantara LLC and, where possible, issue a notice to the contributor of such material that their activities have been flagged as a potential copyright infringement. Hitachi Vantara LLC does not control content hosted on third party websites, and as such, cannot remove content from sites that Hitachi Vantara LLC does not own or control. If you are the copyright owner of content hosted on a third-party site, and you have not authorized the use of your content on that site, please contact the administrator of that site directly.
If you are the copyright owner of content hosted on a site controlled or operated by Hitachi Vantara LLC, and you have not authorized the use of your content on the Hitachi Vantara LLC controlled or operated site, you may notify our copyright agent, as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the alleged copyright infringement:
The above information must be submitted to the Designated DMCA Agent listed below:
Hitachi Vantara LLC
2535 Augustine Drive
Santa Clara, CA 95054 USA
Attn: General Counsel & Chief Legal Officer
Or submitted as an emailed notification to:
Attn: General Counsel & Chief Legal Officer
We caution you that under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to heavy civil penalties. These include monetary damages, court costs, and attorneys' fees incurred by Hitachi Vantara LLC, by any copyright owner, or by any copyright owner's licensee that is as a result of Hitachi Vantara LLC relying upon your misrepresentation. You may also be subject to criminal prosecution for perjury.
Hitachi Vantara LLC may document notices of alleged infringement upon which we act. Also, please note that your complaint will be a matter of record. A copy of the legal notice may be sent to one or more third parties who may then make it available to the public.
a. Transaction Location, Governing Law, Jurisdiction, and Venue. This Agreement will be treated as though it were executed and performed in Santa Clara, California, and will be governed by and construed in accordance with the laws of the United States of America and of the State of California (exclusive of conflicts of law rules). The language in this Agreement will be interpreted as to its fair meaning and not strictly for or against any party. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Santa Clara in the State of California, consents to the extra-territorial service of process, and waives any jurisdictional, venue or inconvenient forum objections to such courts. All legal proceedings arising out of or in connection with this Agreement will be brought solely in Santa Clara County, California. Hitachi makes no representation that the content is appropriate or available for use in locations outside the United States of America, and Your accessing the Content from locations where such Content is illegal is strictly prohibited. If You chose to access this Site from locations outside of the United States, You do so at Your own initiative and are responsible for compliance with local laws.
b. Disputes and Attorneys' Fees. In any action to enforce this Agreement, the prevailing party will be entitled to its costs, attorneys' fees, and expenses (including expert witness fees).
c. Remedies. If You violate any of the terms of this Agreement, You must immediately notify Hitachi and take all steps reasonably available to You in order to cure the violation and to prevent any subsequent violation. You acknowledge that Your breach of the Agreement may cause irreparable damage to Hitachi or other providers and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal or equitable remedies, Hitachi and other providers will be entitled to injunctive relief for any breach of this Agreement.
d. Severability. If any of the provisions of this Agreement will be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions will be limited or eliminated to the minimum extent necessary, so that this Agreement will otherwise remain in full force and effect and enforceable.
e. Complete Integration. This Agreement constitutes the entire and only Agreement between Hitachi and You, pertaining to the subject matter hereof, and is intended to be a complete and absolute integration of the Agreement between the Parties. Concerning the subject matter hereof, any and all prior written Agreements, representations, understandings, and warranties (collectively, "Understandings") and all contemporaneous or prior oral Understandings between the Parties are expressly superseded, cancelled, and replaced by this Agreement. Each Site use by You will constitute and be deemed Your unconditional acceptance of this Agreement, irrespective of whether You review this Agreement prior to such Site use or not. This Agreement and all information relating to Your Site Use are properly authenticated documents and may be given full evidentiary weight, if submitted in evidence by Hitachi or You.
f. Modifications. This Agreement may only be modified by Hitachi, by posting a Revised Agreement on the Site. The Revised Agreement will be effective immediately for all of Your subsequent Site use. You agree to review the Agreement periodically to be aware of the terms and conditions applicable to future Site use. If You continue to use the Site after any modifications have been included by Hitachi to this Agreement it will mean You accept those modifications.
g. Limitations Period. You agree that any claim that You may bring that arises out of Your use of the Site or related to this Agreement must be instituted within one (1) year after the Site use relating to such cause of action, or be forever waived and barred.
h. Termination. Hitachi may terminate Your access to the Site or content or any Site use rights, in its sole and absolute discretion, at any time and for any reason (with or without cause), with or without notice, even if the access and use continues to be allowed to others. Without limiting the previous sentence, Hitachi may suspend or stop Your access to the Site if you do not comply with this Agreement and when investigating potential misconduct. If the Agreement is terminated, You agree to cease all Site use and, upon request by Hitachi, to return or destroy all information in Your possession relating to the Site, and all copies thereof, rendering such information no longer accessible to You.
i. Survival of Certain Provisions. All sections of this Agreement that are reasonably capable of surviving will survive the expiration or termination of this Agreement. No expiration or termination of this Agreement will release you from any obligation to pay Hitachi any amount that has accrued and become payable at or prior to the date of expiration or termination.
j. Assignment, Transfer. You will not assign or transfer any interest in this Agreement, whether by merger, consolidation, operation of law, or otherwise without the prior written consent of an authorized executive officer of Hitachi. Hitachi has the right to transfer, subcontract or otherwise deal with Hitachi's rights and obligations under this Agreement without notifying You or obtaining Your consent.
k. Waiver. No delay or omission to exercise any right or remedy accruing to Hitachi upon any breach or default by you will impair that right or remedy, or be construed to be a waiver of any breach or default, unless contained in an express writing executed by an authorized officer of Hitachi.
l. Headings. All article or section headings, or exhibit names, are for reference and convenience only and will not be considered in the interpretation of the Agreement.
m. No Agency. You and Hitachi are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
n. Conflicts. If this Agreement conflicts with a provision of any other contract between You and Hitachi relating to the Site, the provision in such other contract will govern.
o. Suspension of Obligations. The obligations of either You or Hitachi under this Agreement (other than payment obligations) will be suspended, to the extent that the party is hindered or prevented from performing its obligations by acts of God, fires, storms, accidents, governmental regulations or any cause whatsoever, which is not within that party's reasonable control.
p. Contacting Hitachi. Should you desire to contact Hitachi about the Site, you may do so at: Hitachi Vantara LLC, 2535 Augustine Drive, Santa Clara, CA 95054. Phone: (408) 970-1000. E-mail: email@example.com.
q. Third-Party Beneficiaries. Subject to applicable laws, this Agreement does not create any third-party beneficiary rights.
The following terms, when used in this Agreement, will have the following meanings.
Hitachi Vantara is committed to providing an accessible online experience for all our site visitors, regardless of any disability or impairment. We are constantly striving to ensure that our website meets the needs of a wide range of internet users.
However, there could be cases where pages exclude certain accessibility groups. If this is the case, we ask that you contact us at firstname.lastname@example.org with any issues you find. We are always looking to improve the accessibility of our site, and your input is appreciated.
This Acceptable Use Policy ("Policy") describes the uses that are not acceptable in the use of any technology, infrastructure or networks licensed by Hitachi Vantara LLC and its affiliated companies (collectively, "Hitachi") in the supply of hosted services, cloud services or other services to You (collectively, the "IT Services") and therefore are prohibited. This Policy forms part of, and must be read in conjunction with, Your agreement with Hitachi for the supply or use of the IT Services ("Agreement"). Defined terms in this Policy are the same as in the Agreement, except where expressly stated otherwise.
Hitachi may modify this Policy at any time by posting a revised version on www.hitachivantara.com. If You place an order with Hitachi, start to use a new IT Service, or otherwise continue to use an existing IT Service once Hitachi has notified You of any Policy changes, You are deemed to have agreed to the latest version of this Policy.
If you or your End User violates this Policy, Hitachi may suspend or terminate the use of your IT Service, without limitation to any other remedy available to Hitachi with respect to such violation.
You must not use Hitachi’s website(s) or any IT Services or any technology, infrastructure or networks used in the supply of these (collectively, "IT Services and Technology"), in order to engage in, allow, promote or otherwise encourage illegal, irresponsible or destructive behavior, including:
You must not use the IT Services and Technology in a way that unnecessarily interferes with their normal operation, or that consumes a disproportionate share of the resources used to provide them.
You must not use the IT Services and Technology for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available Content, or links to Content, that are illegal, harmful, or offensive. Prohibited activities or content include:
Hitachi may test and otherwise monitor Your compliance with this Policy. Hitachi reserves the right, but does not assume the obligation, to investigate any violation of this Policy or misuse of the IT Services and Technology. Hitachi may:
Hitachi may report any activity that Hitachi suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer information. Hitachi also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
You must co-operate and ensure Your End Users co-operate in any investigation and reporting activities that Hitachi undertakes.
If You become aware of any violation of this Policy independently of Hitachi, You will immediately notify Hitachi and provide Hitachi with assistance, as requested, to stop or remedy the violation.
You agree that Hitachi may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers' data that is stored on the same system.
The Procurement Exhibits, shown below, are incorporated into the Hitachi Vantara Master Professional Services Agreement (MPSA). The MPSA is utilized for Supplier relationships involving Hitachi Vantara’s Procurement of services and goods.