Terms of Use

GNS3 Terms of service

Last Updated: December 8, 2016

These Terms of Service (these “Terms”) constitute a legally binding agreement between GNS3 Technologies Inc. (“GNS3”) and you, and govern your access to and use of the GNS3's websites located at www.gns3.com, community.gns3.com and academy.gns3.com any other websites or mobile applications which link to these Terms (collectively, the “GNS3 Properties”). As used herein, the term “you” refers to the individual or business entity, as applicable, identified as the user during the registration process. The GNS3 Properties offer different functions and features depending how you choose to use the applicable GNS3 Property. If you use the GNS3 Properties to monetize training materials and content, or Products, as an Instructor, in each case, as defined below, Part C of these Terms sets forth additional terms and conditions.

Part A sets forth the general Terms that apply generally to all users of the GNS3 Properties.

Part B sets forth specific Terms that apply if you are using the GNS3 Properties to distribute and monetize Products as an Instructor (in each case, as defined below).

Part C sets forth specific Terms that apply if you are using the GNS3 Properties purchase and access Products as a Student (as defined below).

Part D sets forth our mechanism for complying with the Digital Millennium Copyright Act.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE GNS3 Properties IN ANY WAY, YOU REPRESENT THAT (a) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (B) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH GNS3, AND (C) IF YOU ARE ACTING ON BEHALF OF A BUSINESS ENTITY, THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH BUSINESS ENTITY, AND ARE AUTHORIZED TO BIND SUCH BUSINESS ENTITY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE GNS3 Properties.

PART A – General Terms

1. Ownership

1.1 Ownership of GNS3 Materials. There are several types of content that may be available via the GNS3 Properties:

“GNS3 Materials” are all materials made available on any GNS3 Property that is not a GNS3 Mark, User Content, or a Product, including, without limitation, graphics, layout, text, instructions, widgets, images, data files, applications, audio files or other sounds, videos, designs, advertising copy, software (including source and object code), the “look and feel” of the GNS3 Properties, and all other materials related to the GNS3 Properties.

“GNS3 Marks” means GNS3's name and other related trade names, trademarks, service marks, graphics, logos, and other indicia of origin used on or in connection with the GNS3 Properties.

“User Content” means any comments, content, materials, files, photos, profiles, messages, text, documents, information, video, and other content that you upload, publish, submit, share or display on or through any GNS3 Property. User Content is any additional type of content that you post on any GNS3 Property that is separate from any Products that you may upload as an Instructor via the GNS3 Academy.

“Products” means certain professional training materials that you may register to sell or offer subscriptions to via the GNS3 Academy as an Instructor. Products may be provided in the form of data files, written text, audio files or other sounds, videos, and other content. Special terms and conditions apply to activities as an Instructor and are contained in Part B below.

1.2. Ownership of GNS3 Materials. All GNS3 Materials are owned, controlled or licensed by GNS3 or its suppliers and are protected from under copyright, trademark, patent, and other laws, rules, regulations and international treaties. The GNS3 Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of GNS3, unless and except as is expressly provided in these Terms.

1.3 Ownership of Trademarks. All GNS3 Marks are the property of GNS3. Except as set forth herein, you may not use the GNS3 Marks in whole or in part, without GNS3's prior written permission. Other trade names, trademarks, service marks, graphics, logos, or other indicia that may appear on or in the GNS3 Properties are the property of their respective owners.

1.4 Ownership of User Content. As between you and GNS3, you retain all ownership rights in all User Content that you upload, publish, submit, share or display on or through any GNS3 Property, excluding any Products. You represent that you are the owner or authorized licensee of all User Content provided by you and that you have full power and authority to enter into these Terms and grant GNS3 the rights granted herein. You acknowledge and agree that GNS3 is not responsible for, and does not endorse, any User Content posted on or available through the GNS3 Properties.

1.5 License Grants. You hereby grant to GNS3 an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right and license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create derivative works of, sell, commercially exploit, and distribute any User Content you post on or through the GNS3 Properties for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. You hereby represent and warrant that (a) you own or otherwise have the right to grant the foregoing rights and license to GNS3 with respect to your User Content, and (b) your User Content and any use thereof by GNS3 will not infringe or violate the rights of any person or entity or any applicable laws.

1.6 No Obligation to Prescreen/Monitor. GNS3 does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content from the GNS3 Properties. However, GNS3 retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, refuse to accept, post, remove, or move any User Content. You agree that GNS3 has no obligation to monitor or enforce your Intellectual Property Rights to your User Content, but has the right to protect and enforce its and its licensees' licensed rights to your User Content.

2. Pricing.

GNS3 reserves the right to establish standard pricing tiers for Products, including for to offer one-time purchase pricing or subscription pricing. GNS3's current pricing level are list on the applicable GNS3 Property. You acknowledge and agree that GNS3 may change its Standard Pricing at any time by posting written notice of such change at the applicable GNS3 Property and stating the date upon which such new pricing shall take effect.

3. Access and Use.

3.1 Limited License. Subject to your strict compliance with these Terms, GNS3 hereby grants you, as a user of the GNS3 Property a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the GNS3 Properties and GNS3 Materials solely for your personal or internal business purposes, as applicable. You may allow your employees and independent contractors to use the GNS3 Properties and Materials for your internal business purposes, provided that you shall ensure their compliance with the terms and conditions of this Agreement that apply to you, and you shall be responsible and liable for their non-compliance with the terms and conditions of this Agreement.

3.2 Restrictions. You may not (a) access any GNS3 Property to build a competitive product or service, or (b) modify, copy or reverse engineer works from the GNS3 Property or any part thereof, (c) remove, change or replace any GNS3's Marks, or (d) copy any ideas, features, functions or graphics of any GNS3 Property. If you wish to request GNS3's written approval to do any of the above, please contact GNS3 by sending email to partners@gns3.com. You agree to (and will require third parties to) not remove, obscure, or alter GNS3's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through any GNS3 Property.

4. Account Information and Security

4.1 Access to and use of certain areas of the GNS3 Properties may require you to register for an account (including setting up a username and password) (an “Account”), or may otherwise ask you to provide information to participate in certain features or access certain Materials or User Content (as defined in Section 6.1 below). As used herein, a "Member" is any user of the GNS3 Properties who has registered for an Account. In addition, Members may also register as Instructors, as described in Part B below. You are responsible for maintaining the confidentiality of your Account information, including your password, and for any and all activity that occurs under your Account. You agree to notify GNS3 at info@gns3.com immediately of any unauthorized use of your Account or password, or any other breach of security. You will be responsible for losses incurred by GNS3 or any Member or other user of the GNS3 Properties due to any use of your Account or password. If you register for an Account and/or choose to complete a GNS3 user profile or otherwise provide information via the GNS3 Properties, you represent and warrant that all information you provide is true, accurate, current, and complete, and you agree to update it as necessary to maintain its truth and accuracy.

4.2 You may not use anyone else's GNS3 password or Account at any time without the express permission and consent of the holder of such password or Account. GNS3 cannot and will not be liable for any loss or damage arising from your failure to comply with the obligations set forth in this Section 3.

4.3 You acknowledge, consent and agree that GNS3 may preserve and disclose your Account information and, if applicable, User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms and conditions of these Terms; or (c) respond to claims that any User Content violates the rights of third parties.

5. User Content and Feedback

5.1 User Content. You are solely responsible User Content that you upload, publish, submit, share or display on or through the GNS3 Properties. By posting User Content to any GNS3 Property, you hereby grant, and you represent and warrant that you have the right to grant, to GNS3 an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose. You also hereby grant each Member or user a non-exclusive license to access your User Content and to use, reproduce, distribute, prepare derivative works of, display and perform User Content as permitted through the functionality of the GNS3 Properties and under this Agreement. You may remove User Content from the GNS3 Properties at any time. In order to protect the integrity of the GNS3 Properties, you may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.

5.2 Disclaimer of Third Party User Content. The GNS3 Properties contain content created by us, by third parties, and by our users and Members. This content includes, among other things, reports, documents, comments, opinions, product reviews and software downloads from other Network Professionals. It also includes information about products and services offered by parties other than GNS3, such as specifications, pricing, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Limitation of Liability sections below).

5.3 Feedback. GNS3 does not invite and cannot accept any ideas or information you consider to be confidential and/or proprietary. Except with respect to your personal information (as expressly provided for in GNS3's Privacy Policy (www.gns3.com/privacy-policy.php) you agree that any ideas, suggestions, documents, know-how, techniques, and/or proposals you convey, offer or transmit to GNS3 ("Feedback") shall be deemed to be non-confidential and non-proprietary, and GNS3 has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.

6. Geographic Restrictions

The GNS3 Properties can be accessed from countries around the world and may contain references to Products and/or services that are not available in your country. GNS3 reserves the right to limit the availability of the GNS3 Properties and/or the provision of any Product or service available through the GNS3 Properties to any person, geographic area, or jurisdiction, at any time and in GNS3's sole discretion. The GNS3 Properties are controlled and offered by GNS3 from its facilities in the Canada. GNS3 makes no representations that the GNS3 Properties are appropriate or available for use in other locations. Those who access or use the GNS3 Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.

7. Interactions

You are solely responsible for your interactions with other Members and other users of the GNS3 Properties, whether online or offline. GNS3 is not responsible or liable for the conduct of Instructor any person. GNS3 reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Affiliates, Instructors, Members and/or other users. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE GNS3 PROPERTIES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY.

8. Third Party Links

Portions of the GNS3 Properties may contain links to websites operated by third parties. Such links are provided for your convenience only, and if you access any such linked websites you do so at your own risk. GNS3 is not responsible for the content of any such websites, or the products and services sold on them, nor is GNS3 responsible or liable for any loss or damage that may arise from your use of such websites. Links to other websites do not imply our endorsement of any content, advertising, products, services, or other materials on or available through such websites.

9. Availability of GNS3 Properties

From time-to-time the GNS3 Properties or portions thereof may be inaccessible or inoperable due to: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that GNS3 may undertake from time to time; or (c) causes beyond the reasonable control of GNS3 or that are reasonably unforeseeable by GNS3, such as interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that GNS3 does not guarantee access to the GNS3 Properties on a continuous and uninterrupted basis, and that GNS3 IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM INTERRUPTIONS IN AVAILABILITY OF THE GNS3 PROPERTIES.

10. Changes, Suspension and Termination

10.1. Changes to GNS3 Properties. GNS3 reserves the right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials, Product, or service available on the GNS3 Properties, without limitation, in whole or in part, including the cessation of all activities associated with the GNS3 Properties, with or without notice. You agree that GNS3 will not be liable to you or to any third party for any such modification, withdrawal, suspension or discontinuance.

10.2. Suspension/Termination of Account. GNS3 reserves the right to immediately suspend or terminate your Account and/or your access to and use of the GNS3 Properties, or any portion thereof, in the event of any conduct which GNS3 considers, in its sole discretion, to be in violation of this Agreement or otherwise unacceptable. If you are an Instructor, upon such suspension or termination, GNS3 may temporarily withhold any portion of the funds in your Account if GNS3 determines, in its sole discretion, such action is necessary to secure payment for, performance of, and/or assurances regarding any liabilities, obligations, or indebtedness you may have incurred with GNS3 or any other person or entity. Following suspension or termination of an Account or retaining of funds pursuant to this Section, GNS3 will review your Account in a manner determined by GNS3 in its sole discretion. You agree to cooperate with this review if asked. If the review concludes that there is a reasonable basis to believe misconduct has occurred, you agree that GNS3 may retain funds in your Account as liquidated damages and/or for the benefit of GNS3 or third parties affected by such misconduct. You acknowledge and agree that such liquidated damages (a) are not a penalty, and (b) are reasonable and not disproportionate to such presumed damages to GNS3. Upon suspension or termination of your Account for any reason, you agree to immediately cease all use of the GNS3 Properties and GNS3 intellectual property licensed in Section 5.4 of this Agreement.

11. Indemnification

11.1. Indemnification of GNS3. In the event a third party makes any demand or complaint, or commences any action or files any claim whatsoever (“Claim”) in connection with your use of the GNS3 Properties, your User Content (including any of your Products), or your Promotions (if any), you shall defend, indemnify and hold harmless GNS3, its affiliates, and its and their respective officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (each, a “GNS3 Party”) from and against any and all damages, liabilities, claims or costs (including the costs of investigation, defense, reasonable attorneys' fees and costs) (collectively, “Losses") incurred by any GNS3 Party as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.

11.2. Indemnification Procedures. Upon receiving notice of a Claim for which a GNS3 Party is entitled to indemnification by you, GNS3 shall provide you with written notification and the opportunity to assume control over the defense or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at your sole expense; provided, however, that (a) any settlement which would impose a non-monetary obligation on and/or admission or finding of liability or wrongdoing by any GNS3 Party will require GNS3's prior written consent; (b) GNS3's failure to provide timely notice, control, or assistance shall not relieve you of your indemnification obligations; and (c) GNS3 may have its own counsel present at and participating in all proceedings or negotiations relating to a Claim, at its own expense, unless you fail or refuse to secure legal counsel to defend any Claim in a timely manner, in which case you shall pay all expenses related to GNS3's use of such counsel.

12. Disclaimer of Warranties

THE GNS3 PROPERTIES, INCLUDING, WITHOUT LIMITATION, THE GNS3 MATERIALS, USER CONTENT, PRODUCTS, AND SERVICES, ARE PROVIDED ON AN "AS-IS," "AS-AVAILABLE" AND "WITH ALL FAULTS" BASIS. YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR DECISION TO USE THE GNS3 PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY GNS3 MATERIALS, USER CONTENT, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE GNS3 PROPERTIES. GNS3 MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE AS TO THE GNS3 PROPERTIES OR ANY GNS3 MATERIALS, USER CONTENT, PRODUCTS, OR SERVICES, AND HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER GNS3 NOR ANY PERSON ASSOCIATED WITH GNS3 MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF GNS3 PROPERTIES OR ANY GNS3 MATERIALS, USER CONTENT, PRODUCTS, OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER GNS3 NOR ANYONE ASSOCIATED WITH GNS3 REPRESENTS OR WARRANTS THAT THE GNS3 PROPERTIES OR ANY GNS3 MATERIALS, USER CONTENT, PRODUCTS, OR SERVICES OBTAINED THROUGH THE GNS3 PROPERTIES, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE GNS3 PROPERTIES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE GNS3 PROPERTIES OR ANY GNS3 MATERIALS, USER CONTENT, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE GNS3 PROPERTIES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL ANY GNS3 PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH THIS AGREEMENT AND/OR ANY (a) USE OF OR INABILITY TO USE THE GNS3 PROPERTIES OR ANY MATERIALS, USER CONTENT, PRODUCTS, OR SERVICES, (b) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES OF ANY KIND, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE GNS3 PROPERTIES, (c) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GNS3 PROPERTIES, AND/OR (d) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE GNS3 PROPERTIES, WHETHER OR NOT GNS3 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY AGAINST GNS3 FOR DISSATISFACTION WITH THE GNS3 PROPERTIES IS TO STOP USING THE GNS3 PROPERTIES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL AGGREGATE LIABILITY OF THE GNS3 PARTIES SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100). THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE GNS3 PROPERTIES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS, AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

14. Governing Law; Jurisdiction and Venue

These Terms and any dispute that may arise under or related to this Agreement are governed by the laws of Alberta, Canada, without reference to conflicts of law principles that may result in the applicable of the laws of another jurisdiction. Any claim, suit, action, or proceeding arising out of or relating to this Agreement must be instituted exclusively in the federal or Province courts of Alberta, Canada, and you consent to venue and personal jurisdiction in such courts and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Miscellaneous Provisions

15.1 Entire Agreement; Amendment. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. GNS3 RESERVES THE RIGHT TO AMEND THE TERMS OF THIS AGREEMENT IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, GNS3 will make the revised version of this Agreement available on the GNS3 Properties. GNS3 will also update the "Last Updated" date at the top of this Agreement. If GNS3 makes any changes to this Agreement, and you have registered with us to create an Account, GNS3 will also send an e-mail to you at the last e-mail address you provided to GNS3. Any changes to this Agreement will be effective immediately after posting such changes on the GNS3 Properties for non-Member users and for new Members, and will be effective thirty (30) days after posting notice of such changes on the GNS3 Properties for existing Members. GNS3 may require you to provide consent to the updated Agreement in a specified manner before further use of the GNS3 Properties is permitted.

15.2 Waiver; Severability. Any waiver of any provision of this Agreement will be effective only if in writing and signed by GNS3. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in full force and effect.

15.3 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of GNS3. GNS3 may freely transfer or assign this Agreement and any or all of its rights and obligations described herein without restriction.

15.4 Governing Language. These Terms is in English and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by GNS3 are for informational purposes only and it is your obligation to obtain independent legal advice at your own expense to ensure you understand the terms of this Agreement.

15.5 Independent Contractors. These Terms does not create any relationship of principal and agent, partners, joint venturers, employer and employee or similar relationship between the parties. You are prohibited from making any promise, warranty or representation on behalf of GNS3 or obligating GNS3 in any way. You may not represent to any person that you are the agent of GNS3, or are authorized to act on its behalf.

15.6 Cumulative Remedies. In addition to any remedies provided in this Agreement, GNS3 shall have all remedies provided at law or in equity. GNS3's rights and remedies provided in this Agreement or otherwise under law or in equity shall be cumulative and the exercise by GNS3 of any particular right or remedy shall not preclude the exercise of any other rights or remedies in addition to, or as an alternative of, such right or remedy.

15.7 Electronic Communications. By providing your e-mail address to GNS3, you agree to receive all required notices and other communications electronically to such e-mail address. GNS3 will use your e-mail address in accordance with our Privacy Policy [www.gns3.com/privacy-policy.php]. You agree that all notices and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

16. Contact Us

All Feedback, comments, requests for technical support, and other communications relating to the GNS3 Properties should be directed to info@gns3.com.

PART B - USE OF THE GNS3 SERVICE AS AN INSTRUCTOR.

GNS3 provides an online marketplace (the “GNS3 Academy”) through which Members may sell (as a “Instructor”) access to certain information technology and computer networking training materials in the form of data files, written text, audio files or other sounds, videos, and other content (“Products”). The following terms and conditions apply to you if you use any GNS3 Property as an Instructor.

1. Ownership; Engagement.

You represent that you are the owner or authorized licensee of all Products provided by you and that you have full power and authority to enter into these Terms and grant GNS3 the limited rights described below.

2. Payments.

2.1 We shall host the GNS3 Academy through which your Products may be digitally distributed to Students of the GNS3 Academy (“Students”) and process and remit payments for your Products. GNS3 shall set standard pricing levels for the sale of your Products, including subscription levels if available. You agree that GNS3 may change the pricing at any time by (a) posting notice at the Academy, and (b) emailing Instructors that currently have a Product available via the Academy. You agree that if you are an Instructor that does not agree with any revised price, your sole remedy is to remove your Product(s) from the Academy.

2.2 You agree that GNS3 may process credit card payments for orders for your Products. Student All prices listed on the GNS3 Properties for Products are exclusive of sales or use tax. In the event that you and a purchaser are located in the same State, you agree that you are solely responsible for the timely payment of all taxes and any interest or penalties incurred by such sale.

2.3 GNS3 receives 30% of the total amount of each sale as its commission (“Commission”). GNS3 does not store the Student's credit card image or number. In no event will GNS3 serve as the merchant of record for transactions performed on any GNS3 Property. IN THE EVENT OF A CHANGE IN PRICING AS PERMITTED IN THIS SECTION, YOU AGREE THAT THE COMMISSION MAY BE CHANGED ALSO. IN SUCH EVENT, YOUR SOLE REMEDY IS TO REMOVE YOUR PRODUCT IF YOU DO NOT AGREE TO SUCH NEW COMMISSION LEVELS.

2.3 GNS3 shall calculate and pay any Commission due to you promptly after the credit card is cleared by the processor, subject to any Holdback, Chargeback or Refund conditions (each as defined below).

2.4 You agree that GNS3 may, at any time and at its sole discretion, approve a 100% refund to Students of your Products for any of the following reasons (each a “Refund”): (a) if the Student requests a return within thirty (30) days of the date of purchase; (b) if you request that GNS3 process a refund on the Student's behalf within 90 days of purchase and GNS3 confirms there is a valid reason for the return;(c) if the Student provides confirmation that the charge was fraudulent or unauthorized; or (d) in order to comply with credit card industry rules, our processor's terms of service, applicable laws, and requests from verified judiciary or law enforcement agents. You agree that we may debit the amount of such Refund from your account. You also authorize GNS3 to withhold a percentage of each Commission (“Holdback”), such percentage to be set, and adjusted at any time, by GNS3 in its sole, reasonable discretion. You further agree that GNS3 may use the Holdback to provide refunds to Students of your Products that submit valid Refund requests. GNS3 shall retain Holdback amounts for a minimum of 30 days following the date the applicable Commission was earned.

3. Products. You shall upload the Product that you want to make available to your Students through the GNS3 Properties. It is your responsibility to update your Product as necessary, which you may do at any time by accessing your Account. In certain circumstances, GNS3 may require you to modify your Product or prohibit your Product from being sold via the GNS3 Academy, in GNS3's sole discretion. In the event that you share or disclose any information that would disclose a Student's viewing records for your Products, you represent and warrant that you shall obtain, and keep current, all necessary consents that are required by applicable law, including, without limitation, the Video Privacy Protection Act of 1988 (18 U.S.C. § 2710)(“VPPA”), as amended, and you shall indemnify, defend, release, and hold harmless GNS3 form any claims, penalties, enforcement actions, or other losses resulting from your failure to obtain a valid consent. Your distribution of the Products via the GNS3 Academy is non-exclusive and you may distribute your Product via any other website or mobile application. In addition, we may distribute Products similar to or competitive to your Product.

5. License. For so long as these Terms remains in effect, you hereby grant us a non-exclusive, revocable, worldwide license to: (a) modify your Products by encoding and transcoding them to the extent necessary to enable digital distribution, and (b) use, reproduce, advertise, promote, market, publicly display, publish and distribute (solely through download or digital streaming) your Products.

6. Instructor Obligations. If you use the GNS3 Academy to sell Products, you agree that:

6.1 Your Products do not involve downloading software on the computer of a person or entity purchasing a Product unless a purchase is completed or you provide the Student a clear and conspicuous disclosure describing all of the software being downloaded, its functionality and you obtain express consent prior to any such downloads.

6.2 You will provide valid email addresses to which Students or GNS3 can send inquiries and receive a reply by end of the following business day. Students and GNS3 must also be able to receive a non-automated response within five business days, when necessary.

6.3 You will notify GNS3 of any regulatory or legal complaints, or threats of such complaints, that you receive in connection with or in relation to a Product within two business days of your receipt of such complaint. You shall assist GNS3, at your sole cost and expense, in taking any necessary or appropriate actions reasonably requested by GNS3 to respond to and/or resolve such complaints.

6.4 If and to the extent you use third parties to provide Products you and such third parties must be in compliance with all terms of these Terms, and you are responsible for all acts and omissions of such third party.

7. Your Responsibility For Products. You are solely responsible for all Products that you upload, post, transmit or otherwise make available via the GNS3 Properties. You agree not to use the GNS3 Properties to upload, post, transmit or otherwise make available any Product that: (a) is unlawful, harmful, fraudulent, misleading, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party; (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) interferes with or disrupts the GNS3 Properties or servers or networks connected to the GNS3 Properties; and (f) intentionally or unintentionally violates any applicable local, state, national or international law (collectively, “Prohibited Products”). You understand that your Products may be transferred unencrypted, and that transmissions may occur over various networks. (Student credit card information is encrypted when transmitted.) Under no circumstances will GNS3 be liable in any way for any Product, including, but not limited to, any errors or omissions in any Product, or any loss or damage of any kind incurred as a result of the use of any Product posted, transmitted or otherwise made available via the GNS3 Properties. We reserve the right to remove in our sole discretion any Product from the GNS3 Properties at any time.

7. Your Responsibility For Student Information. GNS3 Academy provides you with certain reporting information, including email addresses for Students that purchase your Products (“Student Addresses”). By using the GNS3 Academy, you represent and warrant that you shall only use Student Addresses to send, or cause to be sent, emails in connection with the direct provision of the Product purchased and that all such Emails shall be in compliance with all applicable national, provincial, federal, and state laws and regulations regarding the use of electronic messages, including without limitation the Canada Anti-Spam Legislation (“CASL”), Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act") and the Telephone Consumer Protection Act (“TCPA”). Further, you acknowledge and agree that you shall not, directly or indirectly, send, initiate or procure the sending of any text message or send any email to a Student except those emails or text messages that constitute fulfillment of the purchased Product, unless you have received prior written opt-in from the applicable Student and such opt-in was obtained separate from the Student's use of the GNS3 Academy or your access to Student Addresses via the GNS3 Academy. You represent that all such opt-ins shall be in compliance with the opt-in requirements of CASL or the TCPA, as applicable. If you receive such opt-in and you send, or cause to be sent, any text messages or emails in connection with the direct or indirect Promotion or sale of any Product (other than fulfillment of the purchased Product) and/or your use of the GNS3 Academy, then you represent and warrant that all such text messages or emails will be in full-compliance with all applicable federal and state laws and regulations that apply to sending electronic messages and text messages, including without limitation regulations issued in connection with CASL, the CAN-SPAM Act, TCPA and state laws regarding anti-spam, text messages and Do-Not-Call Registries.

8. Additional Disclaimer. When a Student purchases or rents a Product, the Student is responsible for completing the digital download of the Product, and for all risk of loss of the Product after download. You acknowledge that, when your Product is digitally distributed, the resolution and quality of the Product received will depend on a number of factors, including without limitation the type of device on which the Product is streamed and the bandwidth, which may go up and down over the course of viewing. If we detect that Product we are digitally distributing on your Online Store may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Product in an effort to provide an uninterrupted viewing experience. While we strive to provide a high quality viewing experience, we make no guarantee as to the resolution or quality of the Product received.

9. Representations and Warranties; Indemnification. You represent, warrant and agree: (a) you have the right to license the Product to GNS3 and make the Products available via GNS3 Properties, (b) that none of the Products infringe, violate or misappropriate any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party, and you have no knowledge of any basis therefore including without limitation due to our use of the Product in the manner contemplated by these Terms, (c) that you have full power and authority to enter into these Terms and grant the rights granted herein; (d) that performance of these Terms will not conflict with the terms of any other agreement under which you are bound; and (e) that you will comply with all of your country's laws and all applicable U.S. federal and state laws and regulations with respect to your use of the GNS3 Properties. You agree to defend, indemnify and hold harmless GNS3 and its officers, directors, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or relating to (i) any breach by you of any of the terms or conditions of these Terms, (ii) any actual infringement, violation or misappropriation of third party intellectual property or other rights by your Products, (iii) any violation by you of any applicable law or regulation, or (iv) any claim made by a third party, whether for personal injury, death or damage to property, with respect to any Product.

10. Proprietary Rights. We acknowledge that we are only receiving a limited right to use your Product, and that the Product (including all intellectual property rights therein) is and remains your sole and exclusive property. You acknowledge that you are only receiving a limited right to use the GNS3 Properties (including all intellectual property rights therein) is and remains the sole and exclusive property of GNS3. We also own any information and data collected by us from you or your Students or any prospective Students, including without limitation any data regarding viewing of Product by your Students via the GNS3 Properties. We may use such information and data to the furthest extent permitted by law, including without limitation, to operate the GNS3 Properties, as well as for benchmarking and service enhancements. We agree that we will handle and treat any personally identifiable information regarding your Students in compliance with our current privacy policy.

11. Delisting Products. GNS3 may decline, delist or halt sales or promotion of any Product from the GNS3 Academy at any time in its sole discretion, without cause or notice to you or any penalty or liability for doing so.

PART C - USE OF THE GNS3 SERVICE AS STUDENT.

1 General. The GNS3 Academy provides Students with access Products provided by Instructors contractor instructors, including recorded instruction and training materials.

The GNS3 Academy is a technology platform and marketplace only. GNS3 does not hire or employ Instructors. Any disputes or interactions between Students and Instructors are solely between such Parties. GNS3 is not a party to or responsible for any such disputes or interactions. Similarly, Products are provided by Instructors and not by GNS3. The applicable Instructor, not GNS3, are solely responsible for such Products, including the accuracy of any statement included in the Product or the reliance by a Student upon such information.

2. Payments and Refunds.

2.1 Payment Processing. When a Student places an order with GNS3 and inputs his or her credit card information as payment for your Products, the credit card information is transmitted directly and securely to our third party payment processor. The payment processor verifies the credit card and processes the Payment.

2.2 Taxes. All prices for Products are exclusive of sales or use tax. Students are solely responsible for any reporting obligations that may be imposed by the laws of their State regarding sales tax. In the event that you are located in a country that imposes any value added tax (“VAT”) or Goods and Services Tax (“GST”), you agree that GNS3 is authorized to charge your credit card for the amount of such GST or VAT and remit it to the competent tax authorities at the time of purchase or, in GNS3's discretion, increase the sale price of the to include the amount of any VAT or GST that GNS3 will be liable to pay. You will indemnify, defend, release and hold harmless GNS3 against any and all claims by any tax authority for any underpayment of VAT or GST on Products you purchase, including any applicable penalties and/or interest.

2.4 Refunds. All Products sold via academy.gns3 are subject to an unconditional right to receive a Refund for thirty (30)-days. All Refund requests should be submitted to info@GNS3.com. GNS3 does track Refund requests and reserves the right to suspend or terminate your account and refuse any Refund, without any liability, in the event that you make excessive Refund requests or other circumstances cause GNS3, in its sole discretion to suspect that you are abusing the Refund process.

PART D – DMCA POLICY.

It is GNS3's policy to disable and/or terminate the Account(s) of any Member or Instructor who repeatedly infringes copyright upon prompt notification to GNS3 by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the GNS3 Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the GNS3 Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for GNS3's Copyright Agent for notice of claims of copyright infringement is as follows: Copyright Agent: 400, 7171 Southwest Pkwy, Austin, TX 78735, USA

GNS3 Technologies, Inc. 400, 7171 Southwest Pkwy, Austin, TX 78735, USA