Effective August 19, 2019
These terms and conditions (“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 the SailPoint Compass website, community.sailpoint.com/welcome, which includes text, forums, product information, training programs, software updates, media, documentation, pictures and other content (collectively, “Compass”).
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.
These Terms are in addition to any written or click-through agreements (including, agreements related to software licenses, services, non-disclosure, alliances, or partnerships) you have in place with SailPoint (“Agreements”). Without limiting the generality of the foregoing, your use of any other SailPoint services, including Horizon or SailPoint University, is governed by the separate agreements and/or terms applicable to those services. The information and materials contained on Compass, including all software, maintenance downloads, and documentation are considered SailPoint confidential information and will be subject to the terms and conditions of your Agreement. To the extent there is a conflict between the Terms and your Agreement, the Agreement’s terms will govern.
BY ACCESSING OR USING COMPASS, YOU HEREBY CERTIFY THAT YOU ARE EITHER AN EMPLOYEE OR AUTHORIZED REPRESENTATIVE OF A CURRENT OR PROSPECTIVE CUSTOMER OR PARTNER OF SAILPOINT. IT IS FORBIDDEN TO SHARE ANY OF THE MATERIALS ON COMPASS WITH PARTIES OUTSIDE OF YOUR ORGANIZATION. BY ACCESSING OR USING COMPASS, 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 COMPASS, AND PLEASE EXIT COMPASS NOW.
When retrieving information from Compass, 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 Compass except for the small amount of materials and information temporarily required for an ordinary single use of Compass, (c) accessing data not intended for you or attempting to gain unauthorized access to, interfere with, or disrupt any parts of Compass, the server on which Compass is stored, or any server, computer, or database connected to Compass, (d) accessing Compass for the purpose of competing with SailPoint or using Compass for purposes of benchmarking or other similar purposes, (e) using Compass in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of Compass, or (f) attacking Compass via a denial-of-service attack or a distributed denial-of-service attack.
By accessing Compass, you agree:
Any use of Compass in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use Compass and other SailPoint services. SailPoint reserves the right to terminate or suspend your rights to use Compass 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 compass 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.
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 Compass, or any materials or services accessible through it, after modified Terms are posted means you accept the modifications.
Sharing the Existence of User Account with User’s Customer or Partner
SailPoint may disclose the existence of your Compass user account to the SailPoint customer or partner that employs you. This information will be used for our certification program. This information will not be used for any other reason.
Content Shared on Compass
Any content that you place on Compass 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.
SailPoint has designated Compass Moderators. Compass Moderators do not pre-screen postings or monitor on a “real time” basis. Compass relies upon its users to identify and report content or conduct that is in contravention of these Terms. Therefore, it is each member's responsibility to report objectionable content by utilizing the “Report as inappropriate” functionality available throughout Compass. Compass 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.
The Compass Moderators may or may not investigate any complaint that is brought to their attention, and may or may not take appropriate action, including, issuing warnings, removing the content, or suspending or terminating the user name. Because situations and interpretations vary, it is possible that no action will be taken whatsoever. The failure to act with respect to a violation by you or others does not waive the ability to act differently with respect to subsequent or similar violations.
Common Courtesy, Complaints and Etiquette
Warnings, Suspensions, and Terminations
Compass Moderators may communicate with you personally concerning your participation in Compass or related matters. Those communications are not intended to be made public, and you agree not to post or otherwise disseminate those communications within Compass or elsewhere, on the Internet or otherwise.
You agree that your membership in and access to Compass may be immediately suspended or terminated without explanation or prior notice. Without limiting the foregoing, the following may lead to a termination of a user's membership in and access to Compass:
Termination of your Compass membership includes removal of access to all offerings within Compass and may also bar you from further use of Compass. Furthermore, you agree that neither SailPoint nor Compass Moderators shall be liable to you or any third-party for any termination of your membership in or access to Compass.
SailPoint Intellectual Property Ownership
The copyrights and other intellectual property in Compass 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,” “SailPoint,” “IdentityIQ,” “IdentityNow,” “SecurityIQ,” “IdentityAI,” “AccessIQ,” “Identity Cube,” and “Managing the Business of 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 Compass for non-commercial use within your organization only. All other rights are reserved. You may print off pages of Compass; 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. In consideration of this authorization, you agree that (a) any copy of these documents which you make shall retain all copyright and other proprietary notices contained in such documents and (b) these Terms are included with any distribution.
Submitting User Content
By submitting User Content to Compass or to SailPoint, 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 Compass and for SailPoint’s internal business purposes. 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.
SailPoint Software Updates on Compass
SailPoint software updates are made available through Compass. Customers and partners are prohibited from downloading any software updates that are outside the scope of each applicable License Agreement between the entity with which you are affiliated and SailPoint. Downloading software updates beyond the scope of a License Agreement is considered a material breach of these Terms and such License Agreement and may result in suspension or termination of the contract. Please note that the availability of a software update through Compass does not constitute a permission or authorization by SailPoint to your downloading and/or use of that software update.
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 (i) any User Content, (ii) your use of Compass, (iii) your violation of these Terms, or (iv) 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 Compass.
SailPoint provides information through Compass. While SailPoint has undertaken efforts to provide accurate information, it is not comprehensive and SailPoint makes no commitment to update the information at any particular time, and the information on Compass may be out of date. Information on Compass 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 Compass are solely your responsibility.
We take no responsibility and have 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.
COMPASS 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 COMPASS IS AT YOUR OWN RISK. COMPASS 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 COMPASS IS ACCURATE, RELIABLE OR CORRECT; THAT COMPASS WILL MEET YOUR REQUIREMENTS; THAT COMPASS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT COMPASS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY IN COMPASS SHALL BE TO REQUEST THAT SailPoint CORRECT THE MATTER OR, IF SailPoint FAILS TO DO SO, TO DISCONTINUE YOUR USE OF COMPASS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF COMPASS 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 COMPASS, 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.
MOST OF THE CONTENT (INCLUDING, WITHOUT LIMITATION, THE POSTINGS AND THIRD-PARTY CONTENT) POSTED TO COMPASS IS PROVIDED BY REGISTERED THIRD PARTIES NOT AFFILIATED WITH SAILPOINT. SUCH THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT SAILPOINT DOES NOT CONTROL AND IS NOT RESPONSIBLE IN ANY WAY FOR THIS THIRD-PARTY CONTENT. ADDITIONALLY, YOU AGREE THAT SAILPOINT IS NOT LIABLE FOR, AND YOU SHALL INDEMNIFY AND HOLD SAILPOINT, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, MODERATORS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD-PARTY RELATING TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT, OR MAKE AVAILABLE THROUGH COMPASS, YOUR USE OF COMPASS, YOUR VIOLATION OF THIS AGREEMENT OR THE RULES OF THE ROAD OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER
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 COMPASS; OR (B) ANY CONTENT OBTAINED FROM COMPASS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF COMPASS. YOU ASSUME TOTAL RESPONSIBILITY FOR ANOTHER’S USE OF YOUR COMPASS USER ACCOUNT. YOUR ONLY REMEDY AGAINST THE SAILPOINT INDEMNITEES IN CONNECTION WITH ANY DAMAGES ARISING FROM THE FOREGOING IS TO STOP USING COMPASS.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR COMPASS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
These Terms and any action related to the access or use of Compass will be governed by the laws of the State of Texas without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with Compass will be brought solely in Travis County, Texas, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
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. SailPoint may revise these Terms from time to time; the most current version will always be at www.sailpoint.com/legal. By continuing to access or use Compass after those revisions become effective, you agree to be bound by the revised Terms.
The headings used in these Terms are for convenience only and have no legal meaning or effect. Terms defined in the singular have the corresponding meanings in the plural, and vice versa. Unless the context of these Terms clearly requires otherwise, words importing the masculine gender include the feminine and neutral genders and vice versa. The terms “include,” “includes” or “including” mean “including without limitation.” The words “hereof,” “hereto,” “hereby,” “herein,” “hereunder” and words of similar import, when used in these Terms, refer to these Terms as a whole and not to any particular section or article in which such words appear. The word “or” will not be construed as exclusive.
Other than the SailPoint Indemnitees, no other person or company will be third-party beneficiaries to the Terms.
Copyright and Trademark Notices.
Copyright © 2019 SailPoint Technologies, Inc. All Rights Reserved. All logos, text, content, including underlying HTML code, designs, and graphics used and/or depicted on these written materials or in this Internet web site are protected under United States and international copyright and trademark laws and treaties, and may not be used or reproduced without the prior express written permission of SailPoint Technologies, Inc.
“SailPoint Technologies & Design,” “SailPoint,” “IdentityIQ,” “IdentityNow,” “SecurityIQ,” “IdentityAI,” “AccessIQ,” “Identity Cube,” and “Managing the Business of Identity” are registered trademarks of SailPoint Technologies, Inc. “Identity is Everything” and “The Power of Identity” are trademarks of SailPoint Technologies, Inc. None of the foregoing marks may be used without the prior express written permission of SailPoint Technologies, Inc. All other trademarks shown herein are owned by the respective companies or persons indicated.