CyberArk Partner Portal Terms of Use

The following terms and conditions govern your use of the Partner Portal owned and operated by CyberArk Software Ltd. and Cyber-Ark Software, Inc. or one of their affiliated entities ("CyberArk"). By using the Partner Portal or downloading any materials from it you agree that you have read and understood these terms and conditions and you agree to be bound by them, and to comply with all applicable laws and regulations regarding use of the Partner Portal. If you do not agree to these terms and conditions, please do not use the Partner Portal.

CyberArk reserves the right to make changes to the Partner Portal and to these terms and conditions at any time. Your continued use of the Partner Portal will constitute your acceptance of any new or amended terms and conditions.

"CyberArk Partner" means an entity with whom CyberArk has entered into a separate, written agreement authorizing such partner to purchase from CyberArk for the purpose of resale in a territory.

PARTNER PORTAL ACCESS. Your use of the CyberArk Partner Portal ("Partner Portal") is subject to (a) CyberArk’s approval of your status as a CyberArk Partner, (b) the terms of your written agreement with CyberArk, (c) these Terms of Use, and (d) any additional terms within the Partner Portal. You will create an online password that will allow you to access the Partner Portal. You are responsible for keeping your password confidential. CyberArk recommends that you change your password regularly. You will not grant any third-party access to the Partner Portal without prior written approval by CyberArk. CyberArk reserves the right to change or discontinue the Partner Portal at any time.

PARTNER INFORMATION. You agree all information provided by you is accurate, true, and complete. CyberArk may terminate your participation in the Partner Portal if any of the information provided by you is inaccurate, false, out of date, or incomplete. Your registration for the Partner Portal constitutes your agreement and consent to receive related offers, promotions, news, and information from CyberArk.

DEAL REGISTRATION. Only CyberArk Partners can participate in the Deal Registration Program. Conditions will apply to this Program, and all details can be found within the Deal Registration Guide & FAQ which is available within the Partner Portal under the Resources page or from your CyberArk Channel Manager or Sales Account Manager. CyberArk will always have final approval of all submitted deal registrations and reserves the right to withdraw any approvals initially given, at any time.

AVAILABILITY. Access to the Partner Portal may be unavailable without notice at certain times, including, without limitation, when systems require maintenance or upgrades, or in the case of unforeseen circumstances such as earthquakes, fires, floods, terrorism, war, riot, computer virus or bugs, computer failures, interruptions in telephone service, or electrical outages. CyberArk will not be liable for the unavailability of service or for any damages that may result from such unavailability.

LIMITATION OF LIABILITY. IN NO EVENT SHALL CYBERARK BE LIABLE FOR ANY LOSS OF BUSINESS, INCOME, OR PROFITS, OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN ADDITION, CYBERARK SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, RELIANCE, EXEMPLARY, INCIDENTAL, OR INDIRECT LOSS OR DAMAGES. IN NO EVENT SHALL CYBERARK’S AGGREGATE LIABILITY FOR ALL CLAIMS EXCEED $500 (U.S. DOLLAR). THESE LIMITATIONS OF LIABILITY SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN TORT, CONTRACT, OR OTHER THEORIES, AND WHETHER CYBERARK KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS, THE REMEDIES SET FORTH IN THESE TERMS AND CONDITIONS SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

CONFIDENTIALITY. The term "CyberArk Confidential Information" means any confidential or proprietary information pertaining to or provided by CyberArk, including, without limitation, product and roadmap information, pricing, marketing incentives and plans, customer and supplier data, lead information, financial and technical information, and other business information including, but not limited to, software and documentation, business processes, strategies, information related to the Partner Portal and all non-public data contained in the Partner Portal and deal registration, whether such information is in written, oral, electronic, website-based, or other form. You will keep all CyberArk Confidential Information strictly confidential, using at least the same degree of care as you use to protect your own confidential information, but no less than reasonable care. You may not disclose CyberArk Confidential Information to any third party without CyberArk's prior written consent. You may share CyberArk Confidential Information with only your employees who have a need to know and who are subject to legally binding obligations of confidentiality no less restrictive than those imposed by these Terms of Use. These confidentiality obligations do not apply to any CyberArk Confidential Information that (a) you can demonstrate was in your possession before receipt from CyberArk; (b) is or becomes publicly available through no fault by you; or (c) you rightfully received from a third party without a duty of confidentiality. If you are required by a government body or court of law to disclose any CyberArk Confidential Information, you agree to give CyberArk reasonable advance notice so that CyberArk may contest the disclosure or seek a protective order. You may use the CyberArk Confidential Information solely for the purpose of, and in connection with, your business relationship with CyberArk. No license or conveyance of any rights under any patent, copyright, trade secret, trademark or any other intellectual property right to CyberArk Confidential Information is granted under this Agreement except the limited rights to use the CyberArk Confidential Information as expressly set forth in this paragraph. CYBERARK MAKES NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE CYBERARK CONFIDENTIAL INFORMATION. ALL CYBERARK CONFIDENTIAL INFORMATION IS PROVIDED "AS IS". TO THE EXTENT PERMITTED BY LAW, CYBERARK DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS, AND ASSUMES NO LIABILITY TO YOU FOR ANY DAMAGES OF ANY KIND IN CONNECTION WITH THE CYBERARK CONFIDENTIAL INFORMATION OR ANY INTELLECTUAL PROPERTY IN THEM.

Upon CyberArk's written request, you will promptly return all CyberArk Confidential Information, together with all copies, or certify in writing that all such CyberArk Confidential Information and copies thereof have been destroyed. You acknowledge that damages for improper disclosure of CyberArk Confidential Information may be irreparable and that CyberArk shall be entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies available at law or in equity. You agree to adhere to all applicable United States and foreign export control laws and regulations and will not export or re-export any technical data or products, to any prohibited country unless properly authorized.

RESTRICTIONS ON USE. The information, documentation, data, material and related graphics available on the Partner Portal ("Materials") are provided by CyberArk or its licensors. The Materials are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. CyberArk and its licensors retain all title to copyright in the Materials, and nothing on the Partner Portal shall be construed as conferring any license under any intellectual property rights, whether by estoppel, implication or otherwise. Except as stated in these terms and conditions, you may not reproduce, edit, modify, display, distribute or make any other use of the Materials, in any form or by any means without CyberArk's prior written consent.

You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to CyberArk or any third party referenced in the Materials. You agree to use the Partner Portal and the Materials accessible via the Partner Portal only for lawful purposes.

WARRANTIES AND DISCLAIMERS. CyberArk intends for the Partner Portal to be accurate and reliable. The Partner Portal, however, may contain technical inaccuracies, typographical errors or other mistakes. CyberArk may make corrections or other changes to the Partner Portal at any time. CyberArk reserves the right to make corrections, modifications, enhancements, improvements and other changes to its products, programs and services at any time or to discontinue any products, programs, or services without notice.

IN NO EVENT SHALL CYBERARK OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF THE PARTNER PORTAL OR ARISING OUT OF THE USE OR PERFORMANCE OF THE MATERIALS AVAILABLE ON THE PARTNER PORTAL, REGARDLESS OF WHETHER CYBERARK OR AN AUTHORIZED CYBERARK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Certain links provided herein may permit you to leave the Partner Portal and enter non-CyberArk sites. These linked sites are not under CyberArk's control. CyberArk is not responsible for the contents of any linked site or any changes or updates to such sites. CyberArk is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement by CyberArk of any linked site. CYBERARK'S PUBLICATION OF INFORMATION REGARDING THIRD-PARTY PRODUCTS OR SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT REGARDING THE SUITABILITY OF SUCH PRODUCTS OR SERVICES OR A WARRANTY, REPRESENTATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES, EITHER ALONE OR IN COMBINATION WITH ANY CYBERARK PRODUCT OR SERVICE.

TRADEMARKS. The trademarks, service marks and logos used and displayed on the Partner Portal are registered and unregistered trademarks and service marks of CyberArk and others. CyberArk®, Network Vault®, Inter-Business Vault™, Visual Security™, LAN Experience over the Web™, Vaulted Solutions-Always Secure Always Accessible™, Vaulted Zones™, Vaulted by CyberArk™, CyberArk Shared Technology Platform™, Enterprise Password Vault®, Privileged Session Manager®, Privileged Threat Analytics™ , Application Identity Manager™, On-Demand Privileges Manager™, CyberArk DNA™ and other marks appearing on the Partner Portal are trademarks or registered trademarks of CyberArk in the United States and other countries. All other registered and unregistered trademarks used on the Partner Portal are the property of their respective owners. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any CyberArk trademark, service mark or logo used or displayed on the Partner Portal without the prior express written permission of CyberArk. When used with CyberArk's permission, all trademarks must be identified as trademarks of CyberArk using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels.

PATENTS. CyberArk's technology and products are protected by one or more United States and/or international patents or patents pending.

JURISDICTION AND GOVERNING LAW. Any claim relating to the Partner Portal or use of the Partner Portal will be governed by and interpreted in accordance with the laws of the State of Massachusetts, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Partner Portal will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Boston, MA, USA. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.

PRIVACY POLICY. Your use of the Partner Portal and the information you submit to CyberArk through the Partner Portal are governed by CyberArk's Privacy Policy. Click here to review CyberArk's Partner Portal Privacy Policy.

COPYRIGHT NOTICE. Copyright © 2000-2015 CyberArk Software, Ltd., All rights not expressly granted herein are reserved.

CONTACT INFORMATION. All requests for further information or for permission to reproduce any portions of the Materials in addition to the permission granted above should be directed to:

Webmaster@CyberArk.com