VMware Carbon Black User Exchange

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Attention Dell Customers

If you purchased VMware Carbon Black Cloud Endpoint through Dell and are looking to contact Support, please see this document.

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Carbon Black User Exchange Terms of Use (view our Privacy Policy)

 

The Carbon Black User Exchange (the "Exchange") is a private community made available exclusively to our customers, partners and specifically authorized third parties, in order to share ideas about best practices regarding endpoint and server security, as well as post notices, requests or recommendations related to improvements, features or enhancements to the Carbon Black portfolio of product and service offerings. Please note that by registering and using the Exchange, you agree that you are subject to and will comply with these Terms of Use set forth below. Your use of the Exchange, including by posting any ideas, screenshots, conversations or other content ("Content"), will be deemed to indicate your acceptance of these Terms of Use; if you do not agree to comply with these Terms of Use, you must not post any Content on the Exchange and (ii) discontinue your use of the Exchange. Any reference to "you" or "your" shall include you, as a user of the Exchange, and your employer, who is a customer or partner of Carbon Black.  If a third party is permitted by a Carbon Black customer to access the Exchange while performing services on their behalf ("Representative"), customer must provide express consent for such Representative access and a notice of termination when the relationship or relevant services of such Representative is terminated.  Upon receiving such written notice, Representative's access to the Exchange will be terminated.

 

The Exchange was created to provide a forum for our customers to collaborate with each other and contribute to Carbon Black's commitment to constant improvement. Although we encourage you to contribute to our efforts, we have a strict policy regarding the type of content that can be contributed or posted to the Exchange and an interest in protecting the content published on the Exchange. Therefore, these Terms of Use were developed to comply with legal requirements, to define and protect any and all intellectual property rights in the Content, and enhance your experience as a whole. Also, please note that we will attempt to preserve the anonymity of all users of the Exchange for all those who indicate their preference for anonymity.

 

I. Content publication

  1. By posting Content in the Exchange, you agree to allow anyone with access to the Exchange to access the Content you post. You agree that any discussion you initiate or participate in, or Content you post on the Exchange will be related to Carbon Black products, software, programs, services or associated technologies.
  2. Do not post or transmit material that is confidential to you, your employer or a third party unless such posting or transmittal is in compliance with the Confidential Information section below. Further, you agree that you will not post or transmit material that is proprietary to a third party unless you have obtained consent from such third party.
  3. Do not post or transmit any Content to any other third party on any other site or public forum.
  4. Respect copyright, fair use, and financial disclosure laws. Use appropriate symbols to mark the first occurrence of trademarked terms in your content. Do not post images unless you own the exclusive rights to display the imagery in this context. By posting images that depict a person or persons, you represent and warrant that you attained consent from and verified the legal age of each person depicted in the image for the distribution, display and usage of the image in the general public.
  5. Use common courtesy when posting content: refrain from abusive, obscene, or offensive language, images, or links. Remember that you are providing content for a multicultural audience -- things that do not seem abusive, obscene, or offensive to you might seem so to others.
  6. Carbon Black may add specialized sections or areas of the Exchange for specific discussion, selected participants, "confidential only" discussion or, may offer for download, software or other materials for which additional terms and conditions may be applicable. Prior to your participation in such specialized sections or areas or your download of such materials, your acceptance of such additional terms and conditions may be required.
  7. Carbon Black shall have no obligation to compensate you for any feedback or other Content that you provide, or requests that you submit on the Exchange. Furthermore, Carbon Black does not commit, promise, nor have a legal obligation to deliver any code, functionality, software or other materials due to Content you post on the Exchange.
  8. Carbon Black reserves the right, but does not have the obligation, to monitor the Exchange. Carbon Black is not responsible for what anyone posts on the Exchange, and postings do not necessarily represent the opinions or positions of Carbon Black.
  9. Solicitation or selling of products or services will not be permitted.

 

II. Content Restrictions

The following is strictly forbidden on the Exchange:

  1. Use of the Exchange for illegal purposes or to publish any content that is unlawful, defamatory, and fraudulent or related to gambling, or that advocate intolerance of others.
  2. Use of the Exchange to misappropriate the identity of another person or post other people's personally identifying or confidential information, including but not limited to, credit card numbers, Social Security Numbers, and driver's and other license numbers. Users of the Exchange may not post information such as other people's passwords, usernames, phone numbers, addresses and e-mail addresses unless already publicly accessible on the Web.
  3. Use of the Exchange to post hate speech and other objectionable content. Carbon Black reserves the right to warn others of the potentially offensive content through the use of a warning page.  Exchange also reserves the right to remove content or links to host sites that exist for the primary purpose of garnering commercial traffic through pornography.
  4. Use of the Exchange to post copyrighted content without the permission of those who created it or in accordance with the applicable fair use exceptions under U.S. Copyright statutes (allowing limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports). All notifications of alleged copyright infringement that are submitted to Carbon Black in accordance with the Digital Millennium Copyright Act (?DMCA?) or equivalent principles of law in other jurisdictions will be handled in compliance with the requirements of DMCA or other applicable law. If we remove a post or access to any content to comply with the DMCA or other applicable law, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to section 512(g)(2) and (3) of the DMCA or its equivalent.  More information about our DMCA procedures can be found below.
  5. Use of the Exchange to transmit spam or otherwise transmit content that is created for the primary purpose of manipulating search engine results, or generating  revenue or traffic through deceptive means.

 

Carbon Black IS NOT RESPONSIBLE FOR THE CONTENT OR THE ACCURACY OF ANY POSTED CONTENT. USERS SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT THEY POST. USER CONTENT DOES NOT REPRESENT THE VIEWS OR OPINIONS OF Carbon Black AND Carbon Black NEITHER GUARANTEES THAT ANY CONTENT IS CORRECT OR ACCURATE NOR ENDORSE ANY CONTENT. Carbon Black is not in a position to determine whether any CONTENT violates these terms of use at the time it is posted.  However, if we have reason to believe that any content is false, defamatory, unlawful, inconsistent with these terms of use, or improper for any other reason, we reserve the right to remove that content from the Exchange.

 

III. User privacy

  1. Your profile, which includes your name, display name and language preference plus any other information you elect to make public, together with your activity, such as your software downloads, forum posts, and blog comments, will be publicly accessible.
  2. Show proper consideration for other's privacy, including not referencing another without his or her permission.

 

IV. Report abuse

  1. You may report any suspected violations of these Terms of Use including, copyright infringement, abusive language or inappropriate discussion. To report such violations to Carbon Black, you will need to submit a notice to a Carbon Black Exchange facilitator or administrator through the Exchange with a link to the Content.

 

V. No Commitment as to Future Direction

  1. References in Content on the Exchange to Carbon Black products, software, programs, services or associated technologies ("Carbon Black Content") do not imply that they will be available in all countries in which Carbon Black operates. Carbon Black Content, including any plans contained in content, may change at any time at Carbon Black's sole discretion, based on market opportunities or other factors, and is not intended to be a commitment to future content, including product or feature availability, in any way. Statements regarding Carbon Black's future direction or intent are subject to change or withdrawal without notice and represent goals and objectives only.
  2. Do not use any Carbon Black Content provided on the Exchange to develop software or services that provide the same or similar functionality or which may be considered competitive to Carbon Black.

 

VI.Confidential information

  1. Carbon Black has Non-Disclosure Agreements (NDAs) governing any confidential discussion or materials that you participate in, submit or retrieve on the Exchange. Confidential areas of the Exchange will be marked as confidential, and you will be presented with the applicable NDA prior to being granted access to a confidential area. For Carbon Black only confidential discussion or materials, you may be required to agree to be bound by the Carbon Black NDA.
  2. If an existing NDA exists between you and Carbon Black or your company and Carbon Black that governs any confidential discussions or materials you participant in, submit or retrieve on the Exchange, the existing NDA shall govern your exchanges with Carbon Black.
  3. Unless there is an NDA in place stating the contrary, any information or material sent to Carbon Black will be deemed NOT to be confidential.
  4. If you do not have an NDA or confidentiality terms in place with Carbon Black, you hereby agree to be responsible for treating any information which by its nature would be understood to be confidential. As such you agree to be fully liable for any failure to treat such information as confidential.  Any party which permits an Agent to access the Exchange shall be responsible for its Agent?s compliance with these terms.

 

 

VII. Ownership of Content

  1. You, as a user of the Exchange, on behalf of yourself and your employer, acknowledge and agree that any Content, including Content related to features and functionality of the Carbon Black product and service offerings, will, upon posting, become the sole and exclusive property of Carbon Black and (ii) neither you nor your employer will retain any rights in or to the Content, including any ideas, concepts contained, implied or expressed in the Content.
  2. Further, Carbon Black is and shall be, upon creation, the sole and exclusive owner of all right, title and interest throughout the world in and to all Content, free from all liens and encumbrances, including, all patents, copyrights, trademarks, know how, trade secrets and other intellectual property rights (collectively ?Intellectual Property Rights?) therein. You agree that the Content is deemed a "work made for hire" as defined in 17 U.S.C. § 101 for Carbon Black.  Therefore, Carbon Black may use such Content with no limits as regards time, place, manner and format, including by means of its reproduction, distribution, modification and transformation, including creating derivative works. If, for any reason, any Content does not constitute a "work made for hire," you irrevocably assign to Carbon Black, in each case without consideration, all right, title and interest throughout the world in and to the Content, including all Intellectual Property Rights therein. The Content shall not in any case be construed as joint, collective or collaboration work. Any assignment of copyrights under these Terms of Use includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as "moral rights" (collectively, "Moral Rights"). You irrevocably waive, to the extent permitted by applicable law, any and all claims you may now or hereafter have in any jurisdiction to any Moral Rights with respect to the Content. Upon the request of the Carbon Black, you shall promptly take such further actions, including execution and delivery of all appropriate instruments of conveyance, as may be necessary to assist Carbon Black to prosecute, register, perfect, record or enforce its rights in any Content. In the event Carbon Black is unable, after reasonable effort, to obtain its signature on any such documents, you irrevocably designate and appoint Carbon Black as your agent and attorney-in-fact, to act for and on your behalf solely to execute and file any such application or other document and do all other lawfully permitted acts to further the prosecution and issuance of patents, copyrights or other intellectual property protected related to the Content with the same legal force and effect as if you had executed them. You agree that this power of attorney is coupled with an interest.
  3. You shall not re-post, share or transmit any Content to any other third party or on any public forum.

 

 

VIII. Reporting Claims of Copyright Infringement

  1. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Exchange infringe your copyright, you may request removal of those materials (or access to them) from the Exchange by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Exchange, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

Our designated Copyright Agent to receive DMCA Notices is:

 

Eric Pyenson, Vice President & General Counsel

Carbon Black, Inc.

266 Second Ave

Waltham, MA 02451

United States

617.393.7400

EPyenson@CarbonBlack.com

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Exchange is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

 

COUNTER-NOTIFICATION PROCEDURES

 

If you believe that material you posted on the Exchange was removed or access to it was turned off by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been turned off and the location at which the material appeared before it was removed or access turned off.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed as a result of a mistake or misidentification of the material to be removed.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Exchange with the complaint at issue.

 

The DMCA allows us to restore the removed Content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Exchange was removed by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

 

REPEAT INFRINGERS.

It is our policy in appropriate circumstances to remove access and/or terminate the accounts of users who are repeat infringers.

 

IX. General rights

  1. Carbon Black PROVIDES THIS SERVICE ON AN 'AS IS' BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, including but not limited to any warranty relating to non-infringement of any intellectual or other proprietary rights and availability of the service or of the content posted by any parties using the Exchange. Carbon Black will not be liable for any direct or indirect damages, including without limitation, lost profits, lost savings, or any incidental, special, or other economic consequential damages, even if it has been advised of the possibility of such damages. By using the Exchange, you agree to indemnify Carbon Black against any third-party action based on any Content you post on the Exchange.
  2. Carbon Black does not give you any express or implied rights or licenses under any intellectual property rights. Carbon Black may change these rules at any time by giving you notice. You accept a change by continuing to use the Exchange after you have been notified of the change. Changes are not retroactive. Additional or different terms in any written communication from you are void.
  3. Carbon Black is not responsible for the privacy policies or practices of any non-Carbon Black Web sites that the Exchange may be linked to.
  4. Carbon Black reserves the right at all times (but will not have an obligation) to terminate your account or a community for any reason (such as violation of these Terms of Use or the Carbon Black terms of use) or no reason at all, with or without notice. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Carbon Black, its users and the public.
  5. These Terms of Use are governed by the substantive laws of the Commonwealth of Massachusetts. Any proceedings to resolve disputes relating to the Terms of Use shall be brought in a U.S. Federal Court in the Commonwealth of Massachusetts. You hereby expressly waive the right to trial by jury in any matter which arises under these Terms of Use.

 

Last Revised: September, 2018