Acceptance of Terms

By accessing any of NETSCOUT’s websites (“Website”), you accept and agree to these terms (“Terms”) to govern the use of the Website. If you do not agree with these Terms, you are not permitted to use the Website.

Ownership of Content

NETSCOUT or its licensors own the content of text, data, information, data sheets, white papers, other technical or marketing materials, images, and graphics, design elements, trademarks, logos, software, and software included in the Website (collectively, “Website Content”), including any copyrights and other intellectual property rights in the Website Content.

Except as specifically stated in the Terms, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other intellectual property right of NETSCOUT or any third party.

Use of Content

You may access the Website and use the Website Content solely for internal use within your organization (or if you are a NETSCOUT Partner, your customer's organization) in support of NETSCOUT products and services. No other use of the Website Content is authorized.

When using the Website, you will comply with all applicable U.S. federal, state, and local laws, the laws of your jurisdiction, and any law covering the use and transfer of technical data.

You may not

  • modify, reproduce, distribute, publish, transmit, or create derivative works of the Website or the Website Content for any public or commercial purposes,
  • remove any copyright and other proprietary notices from Website Content,
  • use any software or agents (manual or automated) to remove, mine, or scrape website content,
  • violate or attempt to violate the security of the Website,
  • use the Website to disseminate any computer code, file, or program, including but not limited to any viruses, worms, spyware, adware, or other malicious computer code, file, or program,
  • link to this Website for illegal, fraudulent or unauthorized purposes,
  • upload, distribute, facilitate distribution of, or otherwise make available through the Website any unlawful, infringing, harassing, defamatory, fraudulent, or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising.

Links to Third-Party Sites

The Website may contain links to third party sites. Access to any other Internet site linked to the Website is at your own risk and NETSCOUT is not responsible for the accuracy or reliability of any information, content, data, opinions, advice, or statements made on third party sites. NETSCOUT provides these links merely as a convenience and the inclusion of such links does not imply an endorsement nor a recommendation by NETSCOUT.

Disclosure; Forward-Looking Statements

Website Content may contain projections or other forward-looking statements, within the meaning of the Securities Act of 1933 and the Securities Exchange Act of 1934, which are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995 and other U.S. federal securities laws. You can identify forward-looking statements by their use of forward-looking words such as “may,” “will,” “anticipate,” “expect,” “believe,” “estimate,” “intend,” “plan,” “should,” “seek,” or other comparable terms. These statements involve risks and uncertainties. Actual results could differ materially from the forward-looking statements due to known and unknown risks, uncertainties, assumptions, and other factors. We caution readers not to place undue reliance on any forward-looking statements. For a more detailed description of the risk factors associated with NETSCOUT, please refer to our Annual Report on Form 10-K for the most recently completed fiscal year, filed with the Securities and Exchange Commission, and any Form 10-Q filed since.

Export Control Laws

All Website Content is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. By accessing the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed exports of goods, services, or technology.

Content and Liability Disclaimer

NETSCOUT is not responsible, and expressly disclaims any and all liability for, any errors or omissions contained on the Website and in Website Content. All Website Content and third party information is provided on an "as is" basis.

NETSCOUT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE WEBSITE CONTENT AND ANY OTHER INFORMATION ACCESSIBLE VIA THE WEBSITE (INCLUDING ANY PRODUCTS OR SERVICES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

IN NO EVENT WILL NETSCOUT OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, EVEN IF NETSCOUT OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law

The Website is controlled by NETSCOUT from its offices located in Westford, Massachusetts, USA. You acknowledge and agree that any dispute arising directly or indirectly out of your use of the Website is governed by the laws of the Commonwealth of Massachusetts, USA.

You agree that the state or federal courts located in Boston, Massachusetts, USA, shall have the exclusive jurisdiction and venue over any action arising out of your use of the Website.

Severability and Waiver

If any of these Terms are held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. NETSCOUT's failure to insist on or enforce strict performance of these Terms shall not constitute a waiver of any breach or any future breaches thereof.

Changes to Terms of Use

NETSCOUT may from time to time change these Terms without notice. You are responsible for checking these Terms for any changes.

These Terms are the entire agreement between you and NETSCOUT in relation to your use of the Website and Website Content, and all other representations or discussions, whether oral or written, are hereby excluded from these Terms and are null and void.