ATTENTION: These terms of use set forth the basis on which you are permitted to access and use NetScout Systems, Inc.’s (“NETSCOUT”) website (the “Website”). By accessing the Website, you acknowledge your acceptance of these terms of use. NETSCOUT reserves the right to change these terms of use at any time at its sole discretion.

Ownership

All copyrights and other intellectual property rights in the Website, including without limitation, all trademarks, logos, software, data, information, and content included in the Website (collectively, “Website Content”), are owned by NETSCOUT and are hereby reserved, except for third party marks which are owned by the respective third party.

Limited License and Restrictions

NETSCOUT authorizes you to copy the Website Content solely for non-commercial 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. In consideration of this authorization, you agree that any copy of Website Content shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, 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.

ALL WEBSITE CONTENT IS PROTECTED BY COPYRIGHT AND MAY BE SUBJECT TO PATENTS IN THE UNITED STATES OR OTHER COUNTRIES. EXCEPT AS SPECIFICALLY PERMITTED IN THESE TERMS OF USE, NO PORTION OF THE WEBSITE CONTENT MAY BE REPRODUCED IN ANY FORM OR BY ANY MEANS. YOU ARE NOT PERMITTED TO (A) MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT, OR CREATE DERIVATIVE WORKS OF THE WEBSITE CONTENT FOR ANY PUBLIC OR COMMERCIAL PURPOSES, (B) USE ANY SOFTWARE OR AGENTS (MANUAL OR AUTOMATED) TO REMOVE, MINE, OR SCRAPE WEBSITE CONTENT, (C) VIOLATE OR ATTEMPT TO VIOLATE THE SECURITY OF THE WEBSITE, (D) 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, OR (E) 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 the sites. NETSCOUT provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

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.

Compliance with Applicable Laws; Export Control Laws

Your access to the Website is governed by all applicable U.S. federal, state, and local 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 this Site, 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. NETSCOUT may change the Website Content at any time without notice. Mention of non-NETSCOUT products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by NETSCOUT. 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 in Westford, MA, 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, without regard to any choice-of-law provision, and not by the United Nations Convention on Contracts for the International Sale of Goods or the laws or regulations of other countries. 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 part of these terms of use 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 of use shall not constitute a waiver of any breach or any future breaches thereof.

Entire Agreement

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