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These Terms of Use govern your access to and use of Guidewire Labs, Inc.’s (“Guidewire Labs”) website (the “Site, Fusion, or Guidewire Labs Fusion”), including, but not limited to, the blog, the support forum, and related FAQs , and, excluding Subscriber Content (as defined below) any information, text, graphics, or other materials appearing on the Site, (the “Content”). This is a binding legal agreement between you and Guidewire Labs. Your access to and use of the Site and Content are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site or Content, or by clicking you agree to be bound by these Terms of Use.

No Access to Subscription Services or Enhanced Services

These Terms of Use do not authorize or govern any access or use of the Subscription Services or Enhanced Services provided through the Site by Guidewire Labs (as such services are described on the Site). If you wish to subscribe to and use the Subscription Services or Enhanced Services, you must register and, as applicable, pay for such services, and you must agree to the applicable agreement(s) (the “Services Agreements”) presented during such enrollment process. The Services Agreements will govern your use of such the Subscription Services and Enhanced Services. Individuals who have paid any amounts due and completed the enrollment process (the “Account Holders”), and individuals who have been authorized by Account Holders (in accordance with the Services Agreements) to use Subscription Services or Enhanced Services and who have entered into applicable Services Agreements, are referred to herein as the “Subscription Users”. Any content placed by Subscription Users into the commercial web site using the Subscription Services (the “Subscriber Content”) is not part of and is explicitly excluded from the definition of Content for purposes of these Terms of Use.

Your Use of the Content

Users who are not Subscription Users (as defined above) may nonetheless register on the Site to view Content (“Registered Users”). Subject to compliance with these Terms of Use, Guidewire Labs authorizes such Registered Users to access the unprotected areas of the Site and to view the Forum Content. Subject to compliance with these Terms of Use, Guidewire Labs authorizes users who are not Subscription Users or Registered Users of the Site (“Browsers”) to access the Site and view the Content that is made available to Browsers. Subject to their compliance with these Terms of Use and any Services Agreement(s) to which they are a party, Guidewire Labs authorizes Subscription Users to (i) access the Site and view the Content and (ii) download, print, copy, and modify the Forum Content solely to use of the Subscription Services or Enhanced Services they are authorized to use. You may not modify any Content or distribute any Content or any modifications or derivatives thereof in any form. Any rights or permissions not explicitly granted herein are withheld. You agree not to take any action that would exceed any such rights and permissions granted to you.

Guard Your Password and Information

You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You are to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Guidewire Labs of any unauthorized use of your password.

Guidewire Labs recommends that you do not disclose personal contact information to other users. If you do, it is at your own risk.

Guidewire Labs Property

All right, title, and interest in and to the Site and Content are and will remain the exclusive property of Guidewire Labs and its licensors. The Site and Content are protected by copyright, trademark, and other laws, regulations, and international treaties. Except as expressly permitted in these Terms of Use, you may not reproduce, modify, prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site or Content. You may not copy or modify the HTML code used to generate web pages on the Site. You will not use the Site or Content on or in connection with any other website, or for any purpose, except that Subscription Users can use the Forum Content in accordance with the license set forth above.

General Prohibitions

You agree not to do any of the following, while using the Site or Content. We encourage open, free and fun use of the Site, but we do have a few ground rules for User Content:

Post, publish or transmit any text, graphics, or material that intentionally or unintentionally: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) expresses, threatens, or promotes violence, bigotry, racism, harassment, hatred, intimidation, or harm against any individual or group; (vi) infringes another’s rights, including but not limited to any intellectual property rights; (vii) violates—or encourages any conduct that would violate—any applicable treaty, law, or regulation; or (viii) gives rise to civil liability;
Promote, advertise, or solicit participation in or for any non-Guidewire Labs product, website, or service;
Impersonate or misrepresent your affiliation with any person or entity, including Guidewire Labs or an Guidewire Labs employee;
Forge any TCP/IP packet header or any part of the header information in any email or posting or in any way use the Site or Content to send altered, deceptive, or false source-identifying information;
Send unsolicited email, junk mail, spam, or chain letters;
Create "trolling" posts (trolling is deliberately posting false or provocative information in order to elicit responses from people who really want to help);
Access, tamper with, or use non-public areas of the Site, Guidewire Labs’s computer systems, or the technical delivery systems of Guidewire Labs’s providers;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search the Site or Content with any engine, software, tool, agent, device, or mechanism other than the software or search agents provided by Guidewire Labs or other generally available third party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox);
Attempt to access or search any Subscriber Content except as authorized to do so under a Services Agreement;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Content; or
Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site.
Be private. Do not post personal, private or confidential information about yourself or others, including your or someone else's e-mail, IM or "snail mail" addresses, passwords, or phone numbers. Do not ask other users for their personal, private or confidential information;
Don't spam. Do not post or upload commercial content on this website or use this website to ask or encourage others to buy anything, or join any other commercial online service or other organization. Do not post any content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
Don't bet. Do not use our site to gamble, bet, or wager, or ask for, encourage, or place bets or wagers, for money or any other thing of value, including "virtual" property; Guesses are for entertainment and informational purposes only, not for gambling;
Don't lie. Do not post any information that is false, misleading, inaccurate, fraudulent or deceptive;
Don't break the law. Do not post any content that violates any applicable local, state, national, or international law;
Don't pirate. Do not post or upload any content, including any text, photographs, images, graphics, video or audio, in any format ("Content"), that infringes or violates the intellectual property rights or other property rights of any person or entity, including copyrights and publicity rights.

Guidewire Labs will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Guidewire Labs may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Guidewire Labs has no obligation to monitor your access to or use of the Site and Content, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

Digital Millennium Copyright Act Compliance

Guidewire Labs respects the intellectual property rights of others and expects users of the Site to do the same. Please reference our DMCA Policy that is posted on the Site.

Your Contributions

Other than your Subscriber Content, if you post or submit any information, data, code, techniques, feedback, advice, suggestions, or other content (your “Contributions”) on the Site or otherwise provide any Contributions to Guidewire Labs, you hereby grant to Guidewire Labs a perpetual, irrevocable, world-wide, royalty free license to use, make, have made, offer for sale, sell, copy, distribute, perform, display, and transmit such Contributions, to sublicense these rights, and to grant to others the right to do any of the foregoing.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that Guidewire Labs is not responsible or liable for the availability, accuracy, or content of such websites or resources. Links to such websites or resources do not imply any endorsement by Guidewire Labs.

Termination

If you violate any of these Terms of Use, your permission as a Registered User or Browser to use the Site and Content will automatically terminate. Guidewire Labs reserves the right to revoke your access to and use of the Site and Content, and to remove any post, at any time, with or without cause. Guidewire Labs also reserves the right to cease providing or to change the Site (or any portion or feature thereof) or Content at any time or frequency and without notice. Your obligations and the warranties and disclaimers, indemnities, limitations of liabilities, and Guidewire Labs Fusion’s licenses for the use of your Contributions, set forth in these Terms of Use will survive any termination or expiration of this Agreement and your participation in the Site.

Use the Site at Your Own Risk

Your access to, use of, and reliance on the Site and Content is at your own risk. Guidewire Labs will have no responsibility for any (i) damage to your business, computer system, or data, (ii) impact on Subscription Users use of the Core Services or Enhanced Services, or (iii) other harm that results from your access to, use of, or reliance on the Site or Content.

47 USC §240 Notice

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections can be found at http://www.parentalguidance.org/.

The Site is Available “AS-IS”

THE SITE AND CONTENT ARE PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GUIDEWIRE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.

GUIDEWIRE MAKES NO WARRANTY THAT THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GUIDEWIRE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, ADVICE, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE OR CONTENT. IF ANY WARRANTIES ARE PROVIDED FOR THE CORE SERVICES OR ENHANCED SERVICES, THEY WILL BE SET FORTH IN THE SERVICES AGREEMENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Guidewire Labs Fusion (OUTSIDE OF A FORMAL WRITTEN AGREEMENT) OR THROUGH THE SITE OR CONTENT WILL CREATE ANY WARRANTY BY GUIDEWIRE NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold harmless Guidewire Labs, its officers, directors, employees, and agents, from and against any third party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Content, or your violation of these Terms of Use.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUIDEWIRE will not be liable for any incidental, SPECIAL, consequential, or PUNITIVE damages resulting from your access to or use of, or inability to access or use, the SITE OR content, whether based on warranty, contract, tort (INCLUDING NEGLIGENCE), or any other legal theory, whether or not Guidewire Labs has been informed of the possibility of such damage, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT GUIDEWIRE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, INFRINGING, BREACHING, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, GUIDEWIRE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE.

YOU AGREE THAT THE AGGREGATE LIABILITY OF GUIDEWIRE TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO GUIDEWIRE FOR ACCESS TO AND USE OF THE Guidewire Labs Fusion OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GUIDEWIRE AND YOU.

Where applicable law does not allow the exclusion of implied warranties or certain limitations of liability, some or all of the foregoing warranty exclusions and liability limitations may not apply to you.

Severability / Waiver

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and affect. The failure of either party to enforce any right or provision of these Terms of Use will not be deemed a wavier of such right or provision.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use, and any Services Agreement mutually agreed to between you and Guidewire Labs, are the entire and exclusive agreements between Guidewire Labs Fusion and you regarding the Site and Content and supersede and replace any prior agreements, written or oral, between Guidewire Labs and you regarding the Site and Content. In the event these Terms of Use conflict with the terms of an agreement between you and Guidewire Labs governing subject matter other than the Forum and Content, the terms of such other agreement will take precedence.

If you have any questions about these Terms of Use, or would like to report any violation of these Terms of Use, please contact Guidewire Labs by email at info@GuidewireLabs.com or by mail: 806 Winslow Avs, Redwood City CA.