StorMagic Partner Program Terms Of Use

These terms and conditions set out the rules for using the StorMagic Partner Portal. By continuing to use the StorMagic Partner Portal, you confirm that you accept these terms and conditions, and that you agree to comply with them.

1. Definitions.
   1. Agreement means these terms of use which govern the StorMagic Partner’s use of the StorMagic Partner Portal
   2. Confidential Information means all information that is marked or otherwise identified as confidential or proprietary at the time of disclosure or should reasonably be known by the receiving party to be proprietary or confidential
   3. Content means all content on the StorMagic Partner Portal
   4. StorMagic Partner means an organisation who is applying to register as a StorMagic Partner and / or has been approved by StorMagic to use the StorMagic Partner Portal
   5. StorMagic Partner Portal means the website provided by StorMagic at https://partner.stormagic.com
   6. StorMagic Products means the object code versions of the software products or a subscription or cloud-based service that is authorized by StorMagic to be resold or licensed (refer to terms of EULA: http://stormagic.com/licensing/)
   7. StorMagic Trained Professional (STP) means an individual who has completed a StorMagic authorized training course and passed a certification test
   8. User means any employee or related third party given access to the StorMagic Partner Portal by the StorMagic Partner


2. Registration. To be accepted as a StorMagic Partner, the provisional StorMagic Partner must first register with and be approved by StorMagic. The registration process requires the StorMagic Partner to agree that it, and any User, shall abide by these terms of use.


3. Grant of Access. Subject to its successful registration, the StorMagic Partner is granted, during the term of this Agreement (as defined in clause 13), access to:
   1. the StorMagic Partner Portal in accordance with the terms of this Agreement;
   2. the deal registration process to register any opportunities identified by the StorMagic Parter for the sale of any StorMagic Products; and
   3. use the Contents of the StorMagic Partner Portal solely for the purposes of marketing and the enablement of the sale of StorMagic Products.


4. Not For Resale (NFR) Products. A StorMagic Partner’s use of the NFR Product shall be for demonstration and internal use only, in accordance with the terms of the licence agreement accompanying such product. NFR products cannot be resold.


5. Restrictions. The StorMagic Partner shall not (and shall not allow Users to):
   1. modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Content, except to the extent permitted by applicable law, or otherwise attempt to extract any or all of the source code of the StorMagic Partner Portal;
   2. knowingly interfere with service to any of StorMagic’s users, hosts or network, including by means of intentionally submitting a virus, overloading, flooding, spamming, mail bombing or crashing the StorMagic Partner Portal;
   3. sell, resell, sublicense, rent, lend, transfer, distribute, license, or grant any rights in the Content on the StorMagic Partner Portal in any form to any person without the written consent of StorMagic;
   4. remove any proprietary notices, labels, or marks from the Contents; or
   5. create any “links” to or “frame” or “mirror” of the Content or any portion thereof.
   The StorMagic Partner shall ensure that its Users are aware of and comply with these terms of Use. The StorMagic Partner shall be liable for all access and use of the StorMagic Partner Portal by its Users.


6. StorMagic Trained Professional (STP). During the term of this Agreement, the StorMagic Partner shall maintain a minimum of 1 personnel who have completed an authorized StorMagic training course and are accredited as STPs.


7. Intellectual Property Rights.
   1. StorMagic is the owner or the licensee of all intellectual property rights in the StorMagic Partner Portal, and in the Contents published on it. The Contents are protected by copyright laws and treaties around the world. All such rights are reserved.
   2. The StorMagic Partner must not modify the paper or digital copies of any Content printed off or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
   3. StorMagic’s status (and that of any identified contributors) as the authors of Content on the StorMagic Partner Portal must always be acknowledged.
   4. The StorMagic Partner must not use any part of the Content of StorMagic Partner Portal for commercial purposes other than those detailed in these terms and conditions without obtaining a licence from StorMagic or its licensors.
   5. If the StorMagic Partner copies, downloads, shares or reposts any part of the StorMagic Partner Portal in breach of these terms and conditions, the StorMagic Partner’s right to use the StorMagic Partner Portal will cease immediately and the StorMagic Partner must, at StorMagic’s option, return or destroy any copies of the materials the StorMagic Partner has made.


8. Portal Contents.
   1. StorMagic does not guarantee that the StorMagic Partner Portal, or any Content, will always be available or be uninterrupted. StorMagic may suspend or withdraw or restrict the availability of all or any part of the StorMagic Partner Portal for business and operational reasons. StorMagic will try to give the StorMagic Partner reasonable notice of any suspension or withdrawal.
   2. The Content on the StorMagic Partner Portal is provided for general information only. Although StorMagic makes reasonable efforts to update the information on the StorMagic Partner Portal, StorMagic make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date.


9. Security.
   1. Access to the Partner Portal shall be secured by use of a log in, to be provided by the StorMagic Partner to each of its Users. The log in shall comprise a username (email address) and password. The StorMagic Partner must treat such information as confidential and must not disclose it to any third party.
   2. StorMagic has the right to disable any user identification code or password, whether chosen by the StorMagic Partner or allocated by StorMagic, at any time, if in StorMagic’s reasonable opinion the StorMagic Partner has failed to comply with any of the provisions of these terms and conditions.
   3. If the StorMagic Partner knows or suspects that anyone else may know the StorMagic Partner’s user identification code or password, the StorMagic Partner must promptly notify StorMagic at GDPR@stormagic.com.
   4. StorMagic does not guarantee that the StorMagic Partner Portal will be secure or free from bugs or viruses.
   5. The StorMagic Partner is responsible for configuring its information technology, computer programs and platform to access the StorMagic Partner Portal. The StorMagic Partner should use its own virus protection software.
   6. The StorMagic Partner must not misuse the StorMagic Partner Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with the StorMagic Partner Portal or any part of it. The StorMagic Partner must not attempt to gain unauthorised access to the StorMagic Partner Portal, the server on which the StorMagic Partner Portal is stored or any server, computer or database connected to the StorMagic Partner Portal or any other equipment or network connected with the StorMagic Partner Portal.
   7. The StorMagic Partner must not interfere with, damage or disrupt any software used in the provision of the StorMagic Partner Portal or any equipment or network or software owned or used by any third party on which the StorMagic Partner Portal relies in any way.


10. Trademarks. During the term of this Agreement, StorMagic grants the StorMagic Partner a non-exclusive, non-transferable licence to use the StorMagic trademarks, logos, service marks and trade names relating to the StorMagic Products (“Trademarks”) in their unaltered form and solely in conjunction with the StorMagic Partner’s marketing and sale of the Products. Nothing herein shall grant StorMagic Partners any right, title or interest in the Trademarks, and StorMagic Partners shall acquire no rights in any Trademark by virtue of this Agreement or StorMagic Partners' use of the Trademarks. The StorMagic Partner agrees that all uses of the Trademarks will inure to the benefit of StorMagic. StorMagic Partners shall not incorporate any Trademark, in whole or in part, into the StorMagic Partner’s company name or trade name. StorMagic Partners' use of the Trademarks shall at all times comply with the StorMagic Brand Guidelines, as may be modified from time to time.


11. Use of StorMagic Logos or Title. During the term of this Agreement, StorMagic Partners shall include the StorMagic logo and link to the StorMagic website on their own website and have the right to identify their organization as a ‘StorMagic Partner’. The use of logos and designations may be used only in compliance with current StorMagic Brand Guidelines.


12. Confidentiality. The StorMagic Partner expressly undertakes to retain in confidence, except as required by government or judicial order, these terms and conditions and all StorMagic Confidential Information that is received, and StorMagic agrees to the same with regard to StorMagic Partner Confidential Information. In the event either party is required to disclose otherwise confidential information pursuant to a governmental or judicial order, such party agrees to provide the other party with prompt written notice prior to such disclosure and to comply with any protective order (or equivalent) imposed on such disclosure. Neither party shall be required to maintain the confidentiality of information of the other party that (i) receiving party received rightfully from a third party prior to its receipt from disclosing party; (ii) disclosing party has disclosed to a third party without any obligation to maintain such information in confidence; or (iii) is independently developed by receiving party without reference to the Confidential Information. Each party’s obligation under this Section shall survive the expiration or earlier termination of this Agreement and shall extend to the earlier of such time as the information protected hereby falls into the public domain through no fault of the receiving party, or five (5) years following termination or expiration of this Agreement. The StorMagic Partner shall not, and shall not authorize others to, export, re-export, or transship, directly or indirectly, any StorMagic Products or any technical data disclosed or provided under this Agreement, or the direct product of such technical data, to any country as to which the U.S. Government has placed an embargo against the shipment of products which is in effect during the term of this Agreement or in violation of any applicable U.S. export regulation.


13. Term and Termination.
    1. This Agreement shall become effective from the date of approval of the registration application by StorMagic (“Effective Date”) and shall continue for as long as the Partner continues to access the Portal.
    2. StorMagic may terminate, with immediate effect, the StorMagic Partner’s access to the Partner Portal, if the StorMagic Partner commits a material breach of this Agreement.
    3. On termination for any reason
    1. Any rights granted to the StorMagic Partner under this Agreement shall cease; and
    2. The StorMagic Partner must: (i) cease all activities allowed under this Agreement; and (ii) immediately and permanently cease using and delete all copies of the Contents in the StorMagic Partner’s possession, custody or control.


14. Relationship of the Parties. Neither use by the StorMagic Partner of the StorMagic Partner Portal, nor these terms of use, shall be construed as creating a partnership, joint venture, employer-employee, franchise or agency relationship between StorMagic and the StorMagic Partner.


15. Warranties/Limited Warranties. The Content is provided for general information only. Although StorMagic makes reasonable efforts to update the Content, StorMagic make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date.
    THESE LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND AGAINST INFRINGEMENT AND OF ALL OTHER OBLIGATIONS, CONDITIONS, OR LIABILITIES ON STORMAGIC’S PART EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW.


16. StorMagic Partner Indemnity.
    1. The StorMagic Partner shall defend, indemnify, and hold harmless StorMagic from and against all liabilities, claims, costs, fines, and damages of any type (including attorneys’ fees) arising out of or in any way related to the StorMagic Partner’s use of the StorMagic Partner Portal, delivery of products or services and/or representations made by the StorMagic Partner to the StorMagic Partner’s end users.
    2. In using the StorMagic Partner Portal, the StorMagic Partner agrees to comply with all applicable laws, rules, regulations and policies and will render StorMagic harmless and indemnify StorMagic from the failure of the StorMagic Partner to do so.


17. Limitations of Liability.
    1. StorMagic does not exclude or limit in any way its liability to the StorMagic Partner where it would be unlawful to do so. This includes liability for death or personal injury caused by StorMagic’s negligence or the negligence of its employees and for fraud or fraudulent misrepresentation.
    2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of the Products. This will be set out in the relevant Product terms and conditions.
    3. StorMagic excludes all implied conditions, warranties, representations or other terms that may apply to the StorMagic Partner Portal or any Content. StorMagic will not be liable to the StorMagic Partner for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    1. use of, or inability to use, the StorMagic Partner Portal; or
    2. use of or reliance on any Content.
    4. In particular, StorMagic will not be liable for:
    1. loss of profits, sales, business, or revenue;
    2. business interruption;
    3. loss of anticipated savings;
    4. loss of business opportunity, goodwill or reputation; or
    5. any indirect or consequential loss or damage.


18. Governing Law. This Agreement will be governed by and construed in accordance with the laws as stated at https://stormagic.com/licensing/entities/, as if performed wholly within the country without regard to conflicts of law principles or the United Nations Convention on Contracts for the International Sale of Goods. For purposes of all claims brought under this Agreement, each of the parties hereby irrevocably submits to the exclusive jurisdiction of the country.


19. General. Except as expressly granted herein, no licence regarding the use of StorMagic’s copyrights, patents, trademarks or trade names is granted or will be implied. The StorMagic Partner is an independent business and agrees that the StorMagic Partner shall not make any representation that might indicate to any third party that the StorMagic Partner has authority to act on StorMagic’s behalf or to bind StorMagic to any representation, warranty, or agreement.