Terms of Use

Welcome to the Serena Software, Inc. Web site (the “Site”). Please carefully read the following terms and conditions that govern your use of the Site. By accessing, using or downloading information or materials from the Site you accept the following terms and conditions. If you are using the Site on behalf of your employer, you represent that you are authorized to accept these terms on your employer’s behalf. If you do not agree to all of these terms and conditions, do not use this Site.

1. Use of Site Information

The information, software, documentation, data, services, logos, trademarks, artwork, text, video, audio, pictures and other materials (collectively, "Materials") contained on the Site are owned by Serena and/or its suppliers and are protected by law, including copyright and trademark laws and international treaties. Serena and/or its suppliers reserve all rights in the Materials.

Nothing on the Site shall be construed as conferring any license to Serena's or its suppliers' intellectual property rights, whether by implication, estoppel or otherwise. Except as provided below, or as specifically permitted in other sections of the Site, you may not reproduce, republish, post, transmit or distribute any Materials on the Site.

You may print or download Materials from the Site for your own personal, informational, educational and other non-commercial purposes only, provided that you include all copyright and proprietary notices originally included with or contained in the Materials in all copies you create. You may not attempt to "pass-off" any of the Materials as your own. You may not post the Materials on any other Web site, or display or distribute the Materials on the Site without the express prior written consent of Serena.

2. Communication with Serena

By emailing or otherwise transmitting content to content to Serena, you automatically grant (or warrant that the owner of such rights has expressly granted) Serena a worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit, distribute, and make derivative works based on such content in any form, medium, or technology now known or later developed. In addition, you warrant that all moral rights in the content have been waived.

3. Passwords and Security

If you are required to complete a registration process to enter a portion of the Site, you will provide us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Serena immediately of any unauthorized use of your account or any other breach of security. Serena will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Serena or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

4. Termination of Use

You agree that Serena may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Serena.

5. Links To Third Party Web Sites

Links to third party Web sites on this Site are provided as a convenience to you. Such third party sites are not under Serena’s control, and Serena does not assume any responsibility or liability for any communications or materials available at such linked sites. Serena does not intend links on the Site to be referrals or endorsements of the linked entities or their products.

6. Privacy Policy

Serena is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at www.serena.com/about/privacy.asp.

7. Note About Minors

Minors are not eligible to use the Site, and Serena asks that they do not submit any personal information to Serena.

8. Export Restrictions/Legal Compliance

Services, content, and product derived or obtained from this Site may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by U.S. or your local laws; (b) not use Services, Content, or direct product from this Site to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide services, content, or direct product from this Site to prohibited countries and entities identified in the U.S. export regulations.

9. Contact Information

If you have any questions regarding these Terms of Use, please contact Serena at webmaster@serena.com.

10. Disclaimer of Warranty

THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Serena's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. Serena further does not warrant the accuracy or completeness of the materials, software or services at this Site. Serena may make changes to the materials and services at this Site, or to the products and prices described therein, at any time without notice. The materials and services at this Site may be out of date, and Serena makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Serena business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

11. Limitation of Liability

IN NO EVENT WILL SERENA, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SERENA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

12. General Terms and Conditions

12.1 The Terms constitute the entire agreement between you and Serena relating to their subject matter, and cancel and supersede any prior versions of the Terms Of Use. No modification of these Terms of Use will be binding, unless in writing and signed by an authorized Serena representative. You also may be subject to additional terms and conditions that may apply when you use Serena or third-party products or services.

12.2 California law and controlling U.S. federal law govern any action related to the Terms of Use, the Site and/or your use of the Site. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms of Use. You and Serena agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, U.S.A.

12.3 Rights and obligations under the Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.

12.4 The Site may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements may include statements regarding market expectations and opportunities, expectations about financials, research and development and strategies, statements concerning Serena's roadmaps, market share growth, and product and service development and introduction, and our continuous evaluation of the competitiveness of our product and service offerings. These forward-looking statements are just predictions and involve risks and uncertainties. Actual results may differ materially from results discussed in the forward-looking statements. Factors that may cause such a difference include risks related to adverse changes in general economic conditions, failure to reduce costs, lack of success in technical advancements, the timely development, production and acceptance of new products and services, and Serena's ability to compete in a highly competitive and rapidly changing marketplace. For a detailed listing of the potential factors affecting Serena's business and these forward-looking statements, please refer to Serena's periodic reports on Forms 10-Q and 10-K that are filed with the Securities and Exchange Commission.

12.5 Any express waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.