AAI Notice for Portal Users

The AAI, Inc. (“AAI”) Partner Portal (the “Portal”) has been designed to provide general information about AAI and its products and services (collectively, “Products”) to its approved and authorized partners (“Partners”). These pages are informational only; the submission of any information therein does not indicate AAI’s acceptance or approval of the entity or individual submitting such information as a Partner. The Portal is not intended to provide instruction on the appropriate use of products produced, supplied or under development by AAI or its licensors. Access to and use of the Portal is subject to the terms and conditions set forth herein and all applicable laws, statutes and regulations.

AAI may revise these terms and conditions from time to time by updating this posting.  AAI will use reasonable efforts to include accurate and up-to-date information on the Portal but AAI makes no warranties or representations as to the accuracy of information presented on the Portal. AAI shall not be held responsible for any action taken that is based on the information presented on the Portal, and all users of the Portal (“Users”) agree that all access and use of the Portal and any and all content presented on the Portal are at each User's own risk.

Any communication or material a User transmits to AAI via the Portal or Internet electronic mail may be accessed and viewed by other Internet users without a User’s knowledge or permission while in transit to AAI. For that reason, a User must not use email to communicate information to AAI that the User considers confidential. Whenever a User submits information via this site, the collection, use, and disclosure of that information in accordance with AAI's Privacy Statement.

It is the policy of AAI to enforce its intellectual property rights to the fullest extent permitted under law. All product names, regardless of appearance, are trademarks of AAI, or its licensors, unless otherwise noted. The entire content of the Portal, including any images or text, is protected under copyright law and may not be distributed, downloaded, modified, reused, reposted, or otherwise used except as provided herein without the express written permission of AAI. The use of these trademarks, copyrights, or other materials, except as expressly permitted herein, is expressly prohibited.

END OF NOTICE

AUTOMATION ANYWHERE, INC. PARTNER PORTAL TERMS OF USE

This web site, located at https://www.automationanywhere.com, and related web pages (the "Site") is provided by Automation Anywhere, Inc.  (referred to as "we", "us" or "Company"). YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE CLICKING THE [I ACCEPT] BUTTON AT THE BOTTOM OF THIS PAGE AND PROCEEDING TO USE THE FEATURES AND FUNCTIONALITY OF THE SERVICES MADE AVAILABLE VIA THE SITE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THE SERVICES. This Site is available only to registered users who are certified partners of the Company (“Partners”). You will not be able to access the Site unless you are a registered user of a Partner.

Company does not have any obligation to verify the background or credentials of any registered user. Company undertakes to provide accurate and up-to-date information on the Site. However, you understand and agree that information contained on this Site is subject to change and the Site is provided "AS-IS". YOUR USE OF THE INFORMATION MADE AVAILABLE VIA THE SITE IS AT YOUR OWN RISK. Company shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Site. Further, this Site is not intended to replace the standard documentation review process. Please be aware additional implementation documentation may exist and loading any software without reviewing all documentation could cause undesirable results.

In order to view the Site, you will be required to register as a user of the Site by completing the online registration application. In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Site.  Each individual may maintain only one registered user account. Company reserves the right to verify any information you submit as Registration Data.

As a registered user, you will have login information to access the Site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You will not allow others to use the login information. You will notify us of any breach in secrecy of your login information and ensure that you logout of your account at the end of each session. You agree to immediately notify Company by e-mail to privacy@automationanywhere.com of any potential breaches of secrecy of the login information and of the departure of any employee with access to the login information.

Intellectual Property Rights Notice.

All of the content on the Site, including for example all images, logos, illustrations, graphics, audio clips, and text, represents valuable proprietary and intellectual property of the Company or its licensors. Such content and information is protected by any and all applicable international, federal, and state laws, rules, orders and regulations relating to intellectual property. You agree not to reproduce, distribute, display, revise, create derivatives of, copy, publish, sell, license, or edit any such content and information. Any attempt to download, print, publish or maintain a significant portion of content or information from the Site, to distribute copies of such information or content, or to otherwise exploit the information or content, is strictly prohibited by these Terms of Use.

Confidentiality.

This Site and Portal include non-public confidential and proprietary information (“Confidential Information”) of AAI; including, but not limited to, the terms and conditions of any agreements contained herein and any business, financial, or technical information that relates to AAI, as well as any follow-on discussions the User may engage in with an AAI representative that include the aforementioned categories of information. By gaining access to the Confidential Information, the User hereby agrees: (a) not to use, disseminate, or in any way disclose such Confidential Information to any person, firm or business, except as provided herein, and solely for exploring a potential business relationship between the parties (the “Purpose”); (b) to treat all Confidential Information with the same degree of care the User accords the its own Confidential Information, but in no case less than reasonable care; (c) to disclose Confidential Information only to those of the User’s officers, directors, agents, employees, attorneys and advisors (collectively, “Representatives”) who need to know such information for the Purpose; (d) to ensure that each of the User’s Representatives who are permitted to receive or have access to the Confidential Information is bound by a confidentiality obligation consistent with this Agreement; (e) not to modify, enhance, translate, supplement, create derivative works from, or reverse engineer, reverse compile or otherwise reduce the Confidential Information to human readable form; (f) not to disclose any Confidential Information to any third-party not authorized under the terms set forth herein; (g) immediately give notice to AAI of any unauthorized use or disclosure of Confidential Information; and (h) to assist AAI in remedying any such unauthorized use or disclosure of Confidential Information. The foregoing obligation will continue during the term your registered User account is active with AAI, and for three (3) years thereafter. This obligation does not apply to information that: (i) is generally available to the public through means other than a breach by the User of the terms herein; (ii) the User can demonstrate such information was in its possession prior to the time of disclosure by AAI; (iii) the information becomes available to the User from a third-party who is not legally prohibited from disclosing such information; or (iv) the User can demonstrate the information was developed by or for it independently without the use of such Confidential Information.

Data Processing Agreement (DPA)

If you are a customer or partner and you access and use AAI’s Customer Support Portal, you agree that the terms and condition of the DPA apply unless a) your company has a fully executed DPA with AAI, in which case that takes precedence or b) AAI agrees in writing that they do not apply. Please refer to the DPA FAQ’s https://apeople.automationanywhere.com/apex/APC_DPAFAQ for further information on this.

Use Of The Site Generally.

You agree not to use the Site for any unlawful purpose. Without limiting the generality of the foregoing sentence, you agree to comply with all notices, instructions and rules posted on the Site and implement at your sole expense all Internet access and all security procedures required to use the Site.

Indemnity.

You agree to indemnify and hold harmless the Company and its licensors and suppliers, and their respective directors, officers, employees, agents and contractors, from all damages, injuries, liabilities, costs, fees, fines, penalties, and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to your violation of these Terms of Use or misuse of the Site by you or any of your employees, contractors or agents.

Disclaimers.

The information provided by Company is provided for informational purposes only and does not act as a warranty or guaranty. THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitations.

IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE OR ANY CONTENT OR INFORMATION ASSOCIATED THEREWITH, OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF THE COMPANY OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU.

Third-Party Content and Links.

From time to time, the Site may contain references or links to third-party materials (including without limitation web sites) not controlled by the Company or its suppliers or licensors. The Company provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that the Company is not responsible for any aspect of the information or content contained in any third--party materials or on any third-party sites accessible or linked to the Site.

Special Admonitions For International Use.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct, data privacy and the content made available via the Site or the Services. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Use Of The Site Not For Resale.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of or access to the Site or any content or materials made available thereon.

Suspension and Termination of a Registered User Account.

Company spends valuable resources to provide the Site, and your access and use of the Site is a privilege and not a right. Company, in its sole discretion, may suspend or terminate access of any registered user, for any reason, including, without limitation, for lack of use, termination of your partner relationship with Company or if Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use, including without limitation allowing third parties to use or access the Site using your login information. You agree that Company shall not be liable to you or any third-party for any termination of your access to the Site.

Modifications.

These Terms of Use may change. The Company reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of this Site following any such change constitutes your agreement to be bound by the modified Terms of Use.

Miscellaneous.

In the event any of the provisions of the Terms of Use are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed from the applicable agreement, and the remaining provisions thereof shall remain in full force and effect. Failure of any party to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the future performance of any such terms or conditions. No consent to a breach of any express or implied term of the Terms of Use or any other notice, directive, or rule otherwise posted on the Site shall constitute a consent to any prior or subsequent breach. These Terms of Use will be governed by the laws of the State of California, United States of America.

Authority to Accept Terms of Service.

By clicking "I Accept", you represent and warrant that you have the authority to accept these Terms of Use on behalf of yourself and any institution you represent, that you are more than 18 years of age, and will abide by and comply with these Terms of Use. If you do not agree with these Terms of Use, do not click “I Accept” and do not access the Site.

END OF TERMS OF USE