Website Terms of Use

BY USING THIS WEBSITE OR ANY OTHER WEBSITE OF SILVER SPRING NETWORKS, INC. (“SILVER SPRING”) THAT LINKS TO THESE TERMS OF USE, YOU AGREE TO THE FOLLOWING:

Welcome to the Silver Spring website (the “Website”).

Through the Website, you have access to a rich variety of resources and content, which may include web pages, press releases, photographs, audio and video presentations, blogs, white papers, and product data sheets published by Silver Spring (the “Materials”); software offerings, updates, and upgrades provided by Silver Spring (the “Software”); and discussion forums, chat areas, bulletin boards, wikis, and other services in connection with which you can upload, download, share, email, post, publish, transmit, or otherwise access or make available content to other authorized Silver Spring customers and partners (the “Community Services”).

1. Applicable Terms. Certain areas of this Website may be subject to additional terms. If there is a conflict or inconsistency between these Terms of Use and those additional terms, the latter will have precedence with respect to your access and use of that area of the Website.

2. Limited License from Silver Spring. You may store, display, view, and print copies of the Materials solely for non-commercial use within your organization (or if you are an authorized Silver Spring partner, your customer’s organization) in support of Silver Spring products, services, and technology. No other use of the Materials is authorized. You agree that the Materials will not be modified in any way and that any copy of them will retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained in these Terms of Use will be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, or copyright of Silver Spring or any third party.

You may use the Community Services solely for non-commercial use within your organization (or if you are an authorized Silver Spring partner, your customer’s organization) in support of Silver Spring products, services, and technology. No other use of the Community Services is authorized. Silver Spring is not obligated to provide technical support as part of any Community Service.

Any Software that you download from the Websites and the Community Services is governed by the (i) the license terms accompanying the Software, or (ii) if no license terms accompany the downloaded Software, the terms of the license agreement covering the original product to which the downloaded Software relates.

3. Limited License from You. You retain copyright and any other rights that you hold in content you provide in connection with your participation in the Community Services. By providing content to any Community Services, you give Silver Spring, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, display, and distribute any content you provide. In addition, by providing this content you represent and warrant that you have the right and authority to do so and that the use and access to the content does not violate the intellectual property rights or terms of any agreements with other parties.

Silver Spring does not want to receive confidential information from you through or in connection with the Websites or Community Services. Notwithstanding anything that you may note or state in connection with content you provide, it will not be considered or treated as confidential information by Silver Spring. You agree not to use the Website or Community Services for any purpose that is unlawful or prohibited by these Terms of Use or the guidelines posted for a specific area of the Website or Community Services.

4. Password Protected Areas. Certain areas of the Website and Community Services may be restricted to authorized users only. You agree not to interfere with the operation of these areas or to access or use them without authorization or beyond the scope of any such authorization. You understand that you are solely responsible for maintaining the confidentiality of your passwords and for all activities that occur under you accounts.

5. General Disclaimer. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE WEBSITE, MATERIALS AND COMMUNITY SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SILVER SPRING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, MATERIALS AND COMMUNITY SERVICES. SILVER SPRING MAKES NO WARRANTY THAT: (A) THE WEBSITE, MATERIALS, AND COMMUNITY SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, MATERIALS, AND COMMUNITY SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, MATERIALS, AND ANY COMMUNITY SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT OR INFORMATION PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE WEBSITE, MATERIALS, OR COMMUNITY SERVICES WILL MEET YOUR EXPECTATIONS.

ANY CONTENT ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE WEBSITE, MATERIALS, AND COMMUNITY SERVICES IS AT YOUR OWN DISCRETION AND RISK. SILVER SPRING WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

SILVER SPRING RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE WEBSITE, MATERIALS, AND COMMUNITY SERVICES AT ANY TIME WITHOUT NOTICE.

6. Limitation of Liability. SILVER SPRING WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, MATERIALS, OR COMMUNITY SERVICES OR ANY CONTENT OR INFORMATION PROVIDED THEREIN.

The Website, Materials, and Community Services may contain links to third party sites. Silver Spring is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. Silver Spring provides these links merely as a convenience and the inclusion of these links does not imply an endorsement.

7. Indemnification. You agree to defend and indemnify Silver Spring, its subsidiaries, and affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of your (a) breach of these Terms of Use; (b) use of the Website, Materials, and Community Services and (c) any content you provide to Community Service sites.

8. Applicable Law. Your use of the Website, Materials, and Community Services is governed by U.S. federal or California state law, as applicable. You agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal disputes relating to your use of the Website, Materials, and Community Services.

All Silver Spring products and publications are commercial in nature. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.

9. Export Control. You understand that products, services, technology, and technical information provided by Silver Spring are subject to U.S. export control laws and regulations. You agree to comply with these and will not, without prior U.S. government authorization, export or otherwise transfer Silver Spring products, services, technology, or technical information in violation of these laws and regulations.

10. Termination. You agree that Silver Spring may, in its sole discretion and at any time, terminate or limit your access to or use of the Website, Materials, and Community Services. You agree that Silver Spring will not be liable to you or any third-party for any such termination or limitation of your access.

11. Privacy Policy. Use of the Website and Community Services is also subject to Silver Spring’s Privacy Policy which is incorporated herein by reference.

12. Trademarks. The trademarks, logos, and service marks displayed on the Website, Materials, and Community Services are the property of Silver Spring or third parties. You are not permitted to use any such displayed trademarks, logos, or service marks without the written consent of Silver Spring or any third party owners of the marks.

13. Revisions. Silver Spring may revise these Terms of Use at any time without notice to you. The revised Terms of Use will be effective when posted.

14. Contact Information. If you have any questions regarding these Terms of Use, please contact Prod-Mktg@silverspringnet.com.