Date of Last Revision: August 31, 2021
These Community Program Terms (“Terms”) are a legal contract between you (either you as an individual or the entity or organization on whose behalf you are entering into these terms and conditions) and SailPoint Technologies, Inc. (together with its affiliates, “SailPoint”) for the access to and use of SailPoint's community, support and engagement tools, including:
The foregoing community, support and engagement tools, including all forums, training programs, media, documentation, pictures and other content included therein, are referred to collectively as the “Community Program.”
For purposes of these Terms, “affiliates,” includes all companies that are affiliated with SailPoint by reason that these companies are owned by, or under the same common ownership as, SailPoint. Affiliates shall also include the parent company of the group of which SailPoint is a member.
BY ACCESSING OR USING THE COMMUNITY PROGRAM, YOU HEREBY CERTIFY THAT YOU ARE EITHER AN EMPLOYEE OR AUTHORIZED REPRESENTATIVE OF A CURRENT OR PROSPECTIVE CUSTOMER OR PARTNER OF SAILPOINT AND ARE OF LEGAL AGE TO ENTER INTO THESE TERMS. YOU ARE FORBIDDEN FROM SHARING ANY OF THE COMMUNITY PROGRAM MATERIALS WITH PARTIES OUTSIDE OF YOUR ORGANIZATION. BY ACCESSING OR USING THE COMMUNITY PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, INDEMNITY AND LIMITATION OF LIABILITY PROVISIONS BELOW. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE COMMUNITY PROGRAM, AND PLEASE EXIT THE COMMUNITY PROGRAM NOW.
1. RESTRICTIONS AND RESPONSIBILITIES
1.1 General Restrictions. When retrieving Community Program materials, you are prohibited from (a) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction, navigation, or search tools, except for a normal browser as used by a natural person, (b) aggregating, copying or duplicating any of the materials or information available from the Community Program except for the small amount of materials and information temporarily required for use of the Community Program as intended, (c) accessing data not intended for you or attempting to gain unauthorized access to, interfere with, or disrupt any parts of the Community Program, the server(s) on which the Community Program is stored, or any server, computer, or database connected to the Community Program, (d) accessing the Community Program for the purpose of competing with SailPoint or using the Community Program for purposes of benchmarking or other similar purposes, (e) using the Community Program in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Community Program, (f) using the Community Program in any manner that may violate applicable laws, rules or regulations, or (g) attacking the Community Program or any components thereof via a denial-of-service attack or a distributed denial-of-service attack.
1.2 User Content Responsibilities and Restrictions.
1.3 Remedies. Any use of the Community Program in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Community Program and other SailPoint services. SailPoint reserves the right to terminate or suspend your rights to use the Community Program for any reason. SailPoint also reserves the right to bring legal action against you for any loss or damage that it may suffer as a result of your violation of the Terms. SailPoint reserves the right to suspend or terminate your user account and prohibit future use of the Community Program if, after investigation, SailPoint has reasonable grounds to suspect that the information provided in connection with your user account is untrue, inaccurate, not current, or incomplete.
2. PRIVACY AND SHARED USER CONTENT
2.2 Shared User Content. Any User Content posted by you is posted at your own risk and can be obtained and used by others. Do not reveal information that you do not want to make public.
2.3 Existence of User Account. SailPoint may disclose the existence of your Community Program user account to the SailPoint customer or partner that employs you. This information will be used for our certification program and will not be used for any other reason.
3. MODERATION AND USER BEHAVIOR
3.1 Moderation. SailPoint may, from time to time, designate moderators to monitor the Community Program and any discussion forums or other User Content contributed thereto (“Moderators”). Moderators are limited in their ability to monitor all posts and contributions made to the Community Program and therefore rely on users to identify and report content or conduct that is in contravention of these Terms. Moderators have the right, but not the obligation, to edit or remove content and postings at their discretion, either because there has been a violation of these Terms or for any other purpose. All actions taken or not taken by the Moderators are in the sole discretion of the Moderators, and the Moderators have no obligation to respond to any complaints or requests submitted by users of the Community Program. Moderators may communicate with you personally concerning your participation in the Community Program or related matters. Those communications are not intended to be made public, and you agree not to post or otherwise disseminate those communications within the Community Program or elsewhere, on the Internet or otherwise.
3.2 User Behavior. All users of the Community Program are expected to act in a manner that enables a useful exchange of information and ideas and to comply with general standards of etiquette and courtesy applicable to any public discourse. In particular:
SailPoint and the Moderators reserve the right to remove any posts or User Content for any or no reason, including any posts that violate any provision of these Terms, as determined in SailPoint’s or such Moderator’s sole discretion. In addition, your membership in, and access to, the Community Program may be immediately suspended or terminated without explanation or prior notice at any time.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 SailPoint Intellectual Property. The copyrights and other intellectual property in the Community Program are owned by SailPoint, its independent contractors, and its licensors. This includes all software, training material, guides, and any other SailPoint generated material. Additionally, this includes the words “SailPoint Technologies” (design and word mark), “SailPoint” (design and word mark), “IdentityIQ,” “IdentityNow,” “SecurityIQ,” “IdentityAI,” “Identity Cube” and “SailPoint Predictive Identity” are the registered trademarks of SailPoint. Furthermore, “Identity is Everything” and “The Power of Identity” are trademarks of SailPoint. Subject to your compliance with these Terms, including Section 1 above, you are authorized to view, store, print, reproduce, copy, and distribute any pages within the Community Program for non-commercial use within your organization only. All other rights are reserved. You may print off pages from the Community Program; however, if you do so, you agree that you do not acquire any ownership rights in any of that material. This right is non-transferable and non-sublicensable. You may not copy, distribute, transmit, publish, sell, transfer, or create derivative works of, or otherwise exploit any such material that you print off except for distribution within your organization. In consideration of this authorization, you agree that (a) any copy of any materials that you make shall retain all copyright and other proprietary notices originally contained in such materials and (b) these Terms are included with any distribution within your organization.
4.2 License to User Content. By submitting User Content through the Community Program, you hereby grant SailPoint a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, transmit to other users, and display the User Content when operating the Community Program and for SailPoint’s internal business practices, including improving, developing and modifying the SailPoint Solutions. You acknowledge that SailPoint is not responsible for any User Content you provide and that SailPoint may reject or delete such User Content in SailPoint’s sole discretion. SailPoint also assumes no responsibility for loss of information, howsoever such information is lost, including information which is permanently deleted either through the action of an employee or consultant or other who has access to the information, through failure of a computer network, or through any policy or directive of SailPoint for destruction of data.
4.3 Software Updates. Updates to SailPoint Solutions may, from time to time, be made available through the Community Program. You are prohibited from downloading any software updates that are outside the scope of the applicable Other Binding Agreement. Downloading software updates beyond the scope of an Other Binding Agreement is considered a material breach of these Terms and such Other Binding Agreement and may result in suspension or termination of the contract. Please note that the availability of a software update through the Community Program does not constitute a permission or authorization by SailPoint to your downloading and/or use of that software update.
5. IDEAS PORTAL
SailPoint welcomes your feature requests and other ideas, which you can post in the Ideas Portal, located at located at ideas.sailpoint.com. By submitting an idea, and in consideration or your right to use the Ideas Portal, you agree to the following:
6. IDENTITY UNIVERSITY TERMS
In addition to these Terms, your use of Identity University is subject to the Identity University Terms (the “Identity University Terms”) set forth at https://university.sailpoint.com/legal/order_terms_and_conditions, which are incorporated by reference herein.
7. THIRD-PARTY WEBSITES
You shall indemnify, defend and hold harmless SailPoint and each of its officers, directors, members, employees, agents, representatives, partners, and licensors (collectively, the “SailPoint Indemnitees”) from any and all third-party claims, liability, damages and/or costs (including attorneys’ fees) arising from or related to: (a) any User Content; (b) your use of the Community Program; (c) your violation of these Terms; (d) any ideas submitted by you through the Ideas Portal; or (e) any infringement or misappropriation of any intellectual property right or other right of any person or entity by you. You agree to immediately notify SailPoint of any unauthorized use of your user account or any other breach of security known to you that may affect the security of the Community Program.
9. DISCLAIMERS; LIMITATIONS ON LIABILITY; TIME TO FILE CLAIMS
9.1 Warranty Disclaimers. SailPoint provides information through the Community Program. While SailPoint has undertaken efforts to provide accurate information, such efforts are not comprehensive, and SailPoint makes no commitment to update the information at any particular time, and the information on the Community Program may be out of date. Information provided through the Community Program may also be changed at any time without notice; provided, however, that SailPoint will provide prior notice in advance of any major changes or updates to the extent practicable. As a result, the information may not be accurate, up to date or applicable to the circumstances of any particular case. Any decisions you make based on information contained in the Community Program are solely your responsibility.
SailPoint takes no responsibility and has no liability for any content you or any other user may post. User-posted content does not represent the advice, views, opinions, or beliefs of SailPoint, and we make no claim of accuracy of any user-posted material.
THE COMMUNITY PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO COMMITMENT TO ANY FUTURE FUNCTIONALITY OR FEATURES. YOU ACKNOWLEDGE THAT YOUR USE OF THE COMMUNITY PROGRAM IS AT YOUR OWN RISK. THE COMMUNITY PROGRAM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SAILPOINT AND THE SAILPOINT INDEMNITEES DO NOT WARRANT THAT THE CONTENT OF THE COMMUNITY PROGRAM IS ACCURATE, RELIABLE OR CORRECT; THAT THE COMMUNITY PROGRAM WILL MEET YOUR REQUIREMENTS; THAT THE COMMUNITY PROGRAM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE COMMUNITY PROGRAM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY IN THE COMMUNITY PROGRAM SHALL BE TO REQUEST THAT SAILPOINT CORRECT THE MATTER OR, IF SAILPOINT FAILS TO DO SO, TO DISCONTINUE YOUR USE OF THE COMMUNITY PROGRAM. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COMMUNITY PROGRAM IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE, OR FOR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. SAILPOINT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE COMMUNITY PROGRAM, OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SAILPOINT WILL NOT BE A PARTY TO AND IS NOT RESPONSIBLE IN ANY WAY FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING ANY INDEPENDENT CONTRACTOR PROVIDING THE SERVICES.
9.2 Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAILPOINT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE COMMUNITY PROGRAM; OR (B) ANY CONTENT OBTAINED FROM THE COMMUNITY PROGRAM. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE COMMUNITY PROGRAM. YOU ASSUME TOTAL RESPONSIBILITY FOR ANOTHER’S USE OF YOUR COMMUNITY PROGRAM USER ACCOUNT. YOUR ONLY REMEDY AGAINST THE SAILPOINT INDEMNITEES IN CONNECTION WITH ANY DAMAGES ARISING FROM THE FOREGOING IS TO STOP USING THE COMMUNITY PROGRAM.
Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitations or exclusions may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law. Nothing in these Terms purports to limit liability or alter your rights as a consumer that cannot be excluded or waived under applicable law.
9.3 Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE COMMUNITY PROGRAM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
We reserve the right, in our sole discretion, to modify these Terms at any time. Modified terms are effective as soon as they are posted. We also reserve the right to waive or modify any of these Terms as they apply to a specific posting or member without affecting the application of these Terms to all other postings and members. Your continued use of the Community Program, or any materials or services accessible through it, after modified Terms are posted means you accept the modifications.
All notices under these Terms will be delivered to you in accordance with the notice provision of the Other Binding Agreement to which you are a party.
12. TERM AND TERMINATION
SailPoint may, in its sole discretion, terminate your access to the Community Program or terminate these Terms at any time. SailPoint will attempt to provide notice where possible of any such action but reserve the right to do so without notice. Your right to use the Community Program shall expire automatically and immediately upon any termination of these Terms. The provisions of Sections 4, 5, 8, 9, 11, 12 and 13 shall survive the termination or expiration of these Terms, in addition to those provisions herein that by their nature are intended to survive such termination or expiration.
If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by SailPoint of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Nothing in these Terms is intended to or shall be deemed to create a joint venture of any kind or for any purpose. You and SailPoint shall be and remain independent contractors at all times. Neither party shall have any authority to, nor shall attempt to, bind or commit the other party for any purpose. Unless the context clearly indicates to the contrary, in these Terms (a) the plural includes the singular and the singular includes the plural; (b) “and” and “or” are each used both conjunctively and disjunctively; (c) “any,” “all,” “each,” or “every” means “any and all,” and “each and every”; (d) “includes” and “including” are each “without limitation”; (e) “herein,” “hereof,” “hereunder” and other similar compounds of the word “here” refer to these Terms as a whole and not to any particular paragraph, subparagraph, section or subsection; and (f) all pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to may require.
Other than the SailPoint Indemnitees, no other person or entity will be third-party beneficiaries to the Terms.