General Promotion Terms & Conditions

By participating in NAKIVO’s Promotion (hereinafter – the “Promotion”) referencing these General Promotion Terms & Сonditions (including any documents referenced herein, the “Terms”), the company (including any Affiliates) or individual, referenced herein by “you” and “your”, participating in the Promotion agrees to be bound by these Terms. Unless otherwise specified in the Promotion, “NAKIVO” means the legal entity organized and existing under the laws of Nevada, USA, with principal office at 4894 Sparks Blvd., Sparks, NV, USA 89436 – 8202. An “Affiliate” means an entity that, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control of, another entity.

1. EXCLUSIVITY. All Promotions are nonexclusive. These Terms govern your participation in a Promotion associated with products or services offered by NAKIVO (“Products”). Offers are time limited.

2. PROMOTION REQUIREMENTS. The Promotion offer is subject to you meeting these Terms and the Promotion conditions.

3. IMAGES, LOGOS, TRADEMARKS, AND INTELLECTUAL PROPERTY. “Intellectual Property” means any computer program, algorithms, know-how, hardware and/or software configurations, inventions, documentation, translations, text and other works of authorship, data, databases, information, designs, utility models, symbols, images, logos, marks, names, procedures, processes, technical improvements and any other intangibles. You will use NAKIVO’s Intellectual Property only as permitted by the Promotion. You agree that any trademarks, service marks, trade or company names, product and service identifications, internet domains/internet addresses, website designs, logos, artwork and other symbols and devices associated with NAKIVO, and NAKIVO’s products and services ( “NAKIVO’s Marks”), as well as any images owned by NAKIVO, are and shall remain the property of NAKIVO. You acknowledge that any images or artwork provided as part of NAKIVO Products or services are copyrighted by NAKIVO and you will not alter these images or use them outside of the context in which they were provided to you. All goodwill arising from your use of NAKIVO’s Marks shall inure solely to the benefit of NAKIVO. At the request of NAKIVO, you will delete or revise any marketing collateral that is incorrect, misleading, or inaccurate.

4. PROMOTION ADMINISTRATION. You will maintain legible, accurate and complete books and records regarding your participation in the Promotion. Upon NAKIVO’s request, you will cooperate with and assist NAKIVO with any audit, review, or investigation relating to NAKIVO. NAKIVO may deny any claim for a Promotion that it believes, in its sole discretion, does not conform to the Terms. All decisions made by NAKIVO are final. The Promotion cannot be combined or cumulated with any other NAKIVO offers, promotions, campaigns, or sales programs. All data and information required to be submitted to NAKIVO in connection with the Promotion must be in the form required by NAKIVO. Certain Promotions may require you to provide an offer code when submitting orders or claims.

5. PRIVACY POLICY. Information collected by NAKIVO will be treated in accordance with NAKIVO’s Privacy Policy available at https://www.nakivo.com/support/privacy-policy/. You represent that you have permission from all of the applicable individuals to use and disclose any information or data that alone or together with any other information relates to an identified or identifiable natural person, or data considered to be personal data as defined under applicable laws, including but not limited to your employees’ names and contact information.

6. COMPLIANCE. You are responsible for your own compliance with laws, regulations and other legal requirements applicable to the conduct of your business. The Products licensed or sold as part of the Promotion, and the transactions contemplated by the Promotion, which may include technology and software, are subject to the customs and export control laws and regulations of the United States and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured or received. Further, under U.S. law, the Products may not be sold, leased or otherwise transferred to restricted countries, or used by a restricted end-user. You acknowledge that it is your responsibility to comply with and abide by those laws and regulations, and that any third party that you route the Products to directly has also been made aware of the associated export controls. You will comply strictly with anti-bribery laws applicable in any jurisdiction where you do business and with the United States Foreign Corrupt Practices and any similar local laws. You acknowledge that breach of this section is grounds for NAKIVO’s immediate termination of your participation in the Promotion.

7. WARRANTY DISCLAIMER. NAKIVO MAKES NO WARRANTIES AND SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PROMOTION (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, TOOLS, AND OTHER MATERIALS RELATED TO OR PROVIDED UNDER THE PROMOTION), EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND ANY WARRANTY, RIGHT OR REMEDY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE. YOU UNDERSTAND THAT THE PROMOTION DOES NOT GUARANTEE THAT YOU WILL MAKE ANY SALES OR PROFITS. ALL NAKIVO INFORMATION IS PROVIDED “AS IS”.

8. INDEMNIFICATION. To the fullest extent permitted by law, you shall indemnify NAKIVO, defend NAKIVO, and hold NAKIVO harmless from any claim, demand, cause of action, debt, or liability (including reasonable attorney or legal fees, expenses, and court costs) arising from your violation of applicable laws or regulations.

9. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE THAT YOUR PARTICIPATION IN THE PROMOTION IS STRICTLY VOLUNTARY. NAKIVO SHALL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY YOU FOR ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, IN RELATION TO YOUR PARTICIPATION IN THE PROMOTION. NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT A PARTY’S LIABILITY FOR FRAUD, BODILY INJURY OR DEATH OR ANY OTHER LIABILITY THAT MAY NOT BE LIMITED OR EXCLUDED BY LAW.

10. TERMINATION. NAKIVO, at its sole discretion, may terminate the Promotion in whole or in part, for all participants, or for you alone, without cause, at any time.

11. MISCELLANEOUS.

11.1 Assignment. You may not assign your rights under the Promotion.

11.2 Independent Contractors. You and NAKIVO are independent contractors and shall have no authority to bind the other.

11.3 Force Majeure. Neither party will be liable for failure to perform its obligations during any period if performance is delayed or rendered impracticable or impossible due to reasonably unforeseeable circumstances beyond that party’s reasonable control.

11.4 Governing Law and Dispute Resolution. These Terms are governed by the laws of the State of Nevada without reference to any conflict of laws principles that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

ANY CONTROVERSY, CLAIM OR DISPUTE BETWEEN YOU AND NAKIVO ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH OR ALLEGED BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION CONDUCTED IN ENGLISH. THE ARBITRATION SHALL BE HELD IN NEVADA, CLARK COUNTY, U.S.A., UNDER THE CURRENT COMMERCIAL OR INTERNATIONAL, AS APPLICABLE, RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE COSTS OF THE ARBITRATION SHALL BE BORNE EQUALLY PENDING THE ARBITRATOR’S AWARD. THE AWARD RENDERED SHALL BE FINAL AND BINDING UPON THE PARTIES AND SHALL NOT BE SUBJECT TO APPEAL TO ANY COURT, AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. NOTHING IN THESE TERMS SHALL BE DEEMED AS PREVENTING EITHER PARTY FROM SEEKING INJUNCTIVE RELIEF FROM ANY COURT HAVING JURISDICTION OVER THE PARTIES AND THE SUBJECT MATTER OF THE DISPUTE AS NECESSARY TO PROTECT EITHER PARTY’S CONFIDENTIAL INFORMATION, OWNERSHIP, OR ANY OTHER PROPRIETARY RIGHTS. ALL ARBITRATION PROCEEDINGS SHALL BE CONDUCTED IN CONFIDENCE, AND THE PARTY PREVAILING IN ARBITRATION SHALL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEYS’ FEES AND NECESSARY COSTS INCURRED RELATED THERETO FROM THE OTHER PARTY.

Any proceeding must be started within 1 year from the date a right or claim first arose.

11.5 Modifications. NAKIVO reserves the right to modify the Promotion, including, without limitation, eligibility requirements, and Promotion benefits (including any discounts and pricing), at any time without prior notice. Your continued participation in the Promotion will constitute your binding acceptance of the changes and your consideration supporting any such modification.

11.6 Severability. If any provision herein is void or unenforceable, you agree to delete such provision and agree that the remainder of the Terms will continue to be in effect.