Supplemental 8x8 Learning Portal
Terms of Use
Effective May 22, 2017
IMPORTANT-READ CAREFULLY
The SUPPLEMENTAL 8X8 LEARNING PORTAL TERMS OF USE (“LP Terms”) is a legal agreement between you (in your individual capacity or the entity or entities on whose behalf you are accessing and using the Learning Portal (as defined below), as applicable) (“You” or “Your”) and 8x8, Inc. or the applicable 8x8 affiliate associated with the Learning Portal (“8x8”). In addition to 8x8’s Website Terms of Use available at www.8x8.com/terms-and-conditions/website-terms-of-use (or such successor site as designated by 8x8), Your access to and use of 8x8 Learning Portal website, and the services and 8x8 Content (as defined below) available on the 8x8 Learning Portal website, (collectively, “Learning Portal”) is subject to, and governed by, the LP Terms. Be sure to carefully read and understand all of the rights and restrictions delineated in the LP Terms. For Your reference, You may print the LP Terms by using the “Print” option on Your browser. By accessing or using the Learning Portal, You confirm Your agreement to and acceptance of the LP Terms. IF YOU DO NOT ACCEPT THE LP TERMS, YOU SHOULD NOT USE OR ACCESS THE LEARNING PORTAL. 8x8 reserves the right to update the LP Terms at any time without notice to You. You may view the current applicable version of the LP Terms at any time by clicking on the “Terms & Conditions” link at the bottom of each Learning Portal page.
1. Limited License to Use.
1.1. 8x8 hereby authorizes you to make a reasonable amount of copies of materials or content published by 8x8 on the Learning Portal, including but not limited to training materials, documentation, programs, and courses, (collectively, “8x8 Content”) solely for your organization’s internal use in support of 8x8 services and products. No other use of the 8x8 Content is authorized. In consideration of this authorization, you agree that any copy of the 8x8 Content that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of 8x8 or any third party.
1.2. ALL CONTENT DOWNLOADED FROM, DELIVERED TO YOU VIA, OR ACCESSED, FOUND, OR USED ON THIS LEARNING PORTAL IS PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO CONTENT OR PORTION OF THE CONTENT MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM 8X8. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY CONTENT FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
2. Cancellation and Substitution Policy. If You register for a training program or course and cannot attend for any reason or you wish to have another registered user of the Learning Portal attend instead as a substitute for You, You must submit written notice of cancellation or substitution to 8x8 at [email protected] at least 24 hours in advance of the start of the training program or course. Failure to submit timely notice to 8x8 will result in a forfeiture of your seat. All prepaid fees and other payments are non-refundable and non-creditable.
3. Confidential Information. You understand and agree that information related to 8x8, 8x8 services and products (including 8x8 Content, application programing interfaces, software development kits, documentation, technical information, pricing, designs, plans, or business opportunities), or third-party confidential information, and any other information or data, regardless of whether in tangible, electronic or other form, disclosed to You or accessible to You on the Learning Portal will be considered confidential, and referred to collectively as “Confidential Information”. Confidential Information, however, does not include: (a) information that 8x8 makes generally available to the public; (b) information that You can demonstrate to have had rightfully in Your possession prior to disclosure to you by 8x8; (c) information that is independently developed by You without the use of or reference to any Confidential Information; (d) information that You rightfully obtain from a third party who has been given the right to transfer or disclose it by 8x8; or (e) information which is required to be disclosed by court order or by regulatory demand, provided that You shall advise 8x8 of the request for disclosure and shall take reasonable steps to attempt to preserve the confidentiality of the Confidential Information. You agree not to disclose, publish, or disseminate Confidential Information to anyone other than those employees working for the same entity as You who are authorized to access the Learning Portal. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information. You agree not to use Confidential Information otherwise for Your own or any third party’s benefit, without the prior written approval of an authorized representative of 8x8 in each instance.
4. Discontinuation/Changes to Content. 8x8 may discontinue the provision or sale of or change, modify, or limit any of the 8x8 Content made available to You on the Learning Portal as 8x8, in its sole discretion, determines without incurring any liability to You or Your organization. You acknowledge and agree to immediately stop the use or distribution to Your organization of any 8x8 Content made available to you on the Learning Portal that 8x8, in its sole discretion, determines shall no longer be used or distributed without incurring any liability to Your or Your organization.
5. Trademark License. You acknowledge the validity of trade names and trademarks of 8x8 (“Trademarks”) and that You shall not as a result of these LP Terms have any right to or interest in any trade names or trademarks owned, used or claimed now or in the future by 8x8.
6. Other. Notwithstanding anything to the contrary (including, but not limited to, anything in another agreement between You and 8x8), if there is an express conflict between these LP Terms, the TOU, and any other applicable agreement You may have with 8x8, these LP Terms will govern, followed next by the TOU, then followed by any other applicable agreement You may have with 8x8.
© 2017 8x8, Inc. All Rights Reserved. All trademarks identified by ®, TM, or SM are registered marks, trademarks, and service marks, respectively, of 8x8, Inc. All other trademarks are the property of their respective owners. 8x8 and other parties may also have trademark rights in other terms used herein.
