The following terms and conditions, together with any referenced
agreement between you and your employer, employees, agents,
contractors and any other entity on whose behalf you accept these
terms (collectively, “you” and “your”), and ServiceNow,
Inc. (“ServiceNow,” “we,” “us” and “our”).
ServiceNow Intellectual Property (as defined below) therein (the
By accessing or using the Demo Website, or by clicking to accept or
you represent that you have read and understood, and agree to be bound
may not use the Demo Website.
Personally identifiable information collected about you by this Demo
Website is treated in accordance with the Privacy
We reserve the right to terminate or modify the Demo Website in
whole or in part, in any manner in our sole discretion, without
notice. We will not be liable if, for any reason, all or any part of
the Demo Website is unavailable at any time or for any period. From
time to time, we may restrict access to all or part of the Demo
Website to a subset of permitted users. You are solely responsible for
making all arrangements necessary for you to access the Demo Website.
You shall use the Demo Website exclusively to test and evaluate the
ServiceNow product and service, and you shall access it only through
the registration portal, regardless of any previous registration or
access. To access portions of the Demo Website or certain resources,
you may be asked to provide certain registration details or other
information. It is a condition of your use of the Demo Website, and
you hereby represent and warrant, that all information you provide is
correct, current and complete. You must logout from the Demo Website
at the end of each session. You agree that you are solely responsible
to us for all activities identified with your access and registration.
ServiceNow has the absolute right to disable any user name or
password, at any time, for any reason, including, if in our sole
discretion we believe that you have failed to comply with any
Data Visible to Other Users
The Demo Website is a collection of shared instances that
automatically reset on a timed schedule. Anything input by a user of
the Demo Website that remains on an instance following your use will
be visible and usable to all other users that access the same instance
before it is reset. In addition to the rights provided to ServiceNow
above, you hereby grant to all users of the Demo Website a
royalty‑free, fully‑paid, non‑exclusive, non‑transferable,
sub‑licensable, worldwide right to use any data and intellectual
property provided by you to each other user of the Demo Website solely
to use the Demo Website as described herein.
2. Prohibited Uses
You agree not to access or use (and shall not permit others to access
or use) the Demo Website or ServiceNow Intellectual Property in any manner:
Other than for product evaluation purposes (specifically
excluding product demonstration, development, or any production or
To process, use, transmit or
introduce any confidential or sensitive information of any kind,
including personally identifiable information, sensitive personal
data, health information of any kind, or factual data regarding your
employees or third data, and particularly excluding: (1) information
protected under the privacy or security regulations issued pursuant
to the Health Insurance Portability and Accountability Act of 1996
(HIPAA) or subject to the Health Information Technology for Economic
and Clinical Health (HITECH) Act; or (2) non‑public sensitive or
personally identifiable information including but not limited to
drivers license numbers, passport numbers, social security numbers,
tax identification numbers, voter registration numbers or similar
identifying numbers, health information, or financial information
including bank, checking, credit card, debit card, or other account
To license, sub‑license, sell, re‑sell, rent, lease,
transfer, distribute or time share or otherwise make them available
for access by third parties.
To disassemble, reverse
engineer, decompile or modify them or otherwise create derivative
works of them.
To access them for the purpose of developing
a product or service that competes with a ServiceNow Product.
To use them to create, use, send, store or run viruses or other
harmful computer code, files, scripts, agents or other programs or
engage in any other malicious act.
To disrupt their
security, integrity or operation.
To remove or modify a
copyright or other proprietary rights notice in them.
use them to reproduce, distribute, display, transmit or use material
protected by copyright or other intellectual property right
(including the rights of publicity or privacy) without first
obtaining the permission of the owner.
To use them to
damage the property of another.
That violates any
applicable federal, state, local or international law or regulation,
or advocates, promotes or assists in any unlawful act, constitutes
an illegal threat or violates export control laws.
temporarily or permanently alters, erases, removes, copies,
modifies, halts or disables any ServiceNow or third party data,
software or network.
That violates the rights of any person
or entity that may give rise to civil or criminal liability under
applicable laws or regulations applicable to you, another user,
and/or ServiceNow, including violation of privacy or publicity
rights, infringement of any copyright, patent, trademark, trade
secret or other intellectual property right, or conflicts with these
To transmit or
introduce offensive materials, including those involving profanity,
violence, sexual conduct, pornography or discrimination based on
race, sex, religion, nationality, disability, sexual orientation or
To monitor or attempt to gain unauthorized access to:
(1) an account or computer not belonging to you; (2) any data,
information or communications on any network or system not owned by
you, without authorization; (3) any system or network user accounts
or passwords of other users, without authorization; or (4) e‑mail
addresses, screen names or other identifiers without the consent of
the person identified (including, without limitation, phishing,
password robbery, spidering and harvesting).
That is false,
deceptive, misleading or fraudulent, including but not limited to:
(1) any attempt to impersonate any person or entity, including any
other user, ServiceNow or a ServiceNow employee; (2) to misrepresent
your identity or affiliation with any person or organization; and
(3) any attempt to give the impression that you are posting
materials from any person or entity other than yourself if that is
not the case, including but not limited to altering your IP source
To monitor or copy materials on the Demo Website for
any unauthorized purpose or access the Demo Website via any
automatic device, process or means of access such as a robot or
That may have a detrimental effect on the Demo
Website’s function, user interaction or security, including but not
limited to: (1) gaining unauthorized access to, or attempting to
compromise the security of, any network, system, computing facility,
equipment, data or information; (2) attempting to intercept,
redirect or otherwise interfere with communications intended for
others; (3) disabling, damaging overburdening or impairing the Demo
Website or any server, computer or database connected to or accessed
by the Demo Website; (4) modifying, blocking or otherwise
interfering with the display of the Demo Website; (5) interfering
with another user’s ability to access, use and enjoy the Demo
Website; (6) accessing another user’s registration information or
user account without that user’s express written permission;
(7) transmitting or introducing any malicious or technologically
harmful element to the Demo Website such as a spyware program,
virus, Trojan horse, worm or logic bomb; (8) performing, without
ServiceNow’s express prior written authorization, scalability
testing, load testing, probing, scanning, penetration or
vulnerability testing of the Demo Website, including without
limitation the Community Services; and (9) engaging in any
activities that results in any server being the target of a denial
of service attack.
Notification of Violation
person, including other users or third parties, you shall immediately
notify ServiceNow via e‑mail to firstname.lastname@example.org.
3. Intellectual Property
As between you and ServiceNow, all rights, title and interest in and
to all the intellectual property rights in the ServiceNow Intellectual
Property are owned exclusively by ServiceNow and its licensors,
agreement. The ServiceNow Intellectual Property is protected by United
States and international laws regarding copyrights, trademarks, trade
secrets and other intellectual property or proprietary rights. As used
herein, “ServiceNow Intellectual Property” means the
information, text, displays, images, video, audio, and user interfaces
included in or generated by the Demo Website, and the design,
selection and arrangement thereof, as well as the technology that is
used by ServiceNow to deliver the Demo Website, including: (a)
software code (whether in source or object form) including platforms
and applications, hardware, algorithms, templates, graphical user
interfaces, architectures, class libraries, application programming
interfaces, objects, methodologies, and documentation (both printed
and electronic) in existence as of the Effective Date or otherwise
acquired or developed by ServiceNow apart from the services rendered
enhancements or extensions of the foregoing made by ether you or
ServiceNow. Except as expressly provided in this Agreement, ServiceNow
does not grant you (and expressly reserves) any rights, express or
implied, or ownership in the ServiceNow Intellectual Property. No
right, title or interest in or to the Demo Website is transferred to
you. ServiceNow reserves all rights not expressly granted to you
herein. You hereby grant to ServiceNow a royalty‑free, fully‑paid,
non‑exclusive, non‑transferable, sub‑licensable, worldwide right to
use: (a) electronic data uploaded or processed by you to the Demo
Website; and (b) any software, methodologies, templates, business
processes, documentation or other material authored, invented or
otherwise created by you using or for use with the ServiceNow
Intellectual Property provided by you to ServiceNow solely to provide
the Demo Website. Customer Technology does not include, and Customer
will have no ownership of intellectual property in, ServiceNow Core
Technology. Any use of the Demo Website not expressly permitted by
copyright, trademark and other laws. You are permitted to use the Demo
Website only for legitimate business purposes related to your role as
a current or prospective customer, supplier or partner of ServiceNow.
You shall not copy, modify, create derivative works of, publicly
display or perform, republish, download or store, or transmit any
ServiceNow Intellectual Property without ServiceNow’s express prior
ServiceNow, “now” with a stylized power button, the
“NOW” family of marks, and all related, logos, product and service
names, designs and slogans are trademarks or service marks of
ServiceNow or our affiliates or licensors. You must not use such marks
without our prior written permission. All other names, brands and
marks are used for identification purposes only and are the trademarks
of their respective owners.
4. Monitoring, Enforcement and Feedback
The Demo Website is a shared environment. ServiceNow has the right
but not the obligation to:
Terminate your access to all or part of the Demo Website for
any reason or no reason, in our sole discretion, including without
Disclose your identity to any third party who claims
that material posted by you violates their rights, including their
intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation,
referral to law enforcement, for any illegal or unauthorized use of
the Demo Website.
Without limiting the foregoing, ServiceNow has the right to fully
cooperate with any law enforcement authorities or court order
requesting or directing us to disclose the identity of anyone
including any materials on or through the Demo Website. YOU WAIVE AND
HOLD SERVICENOW HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION
TAKEN BY SERVICENOW DURING OR AS A RESULT OF ITS INVESTIGATIONS AND
FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER
SERVICENOW OR LAW ENFORCEMENT AUTHORITIES.
ServiceNow can neither review all material before it is included on
the Demo Website nor ensure prompt removal of objectionable material
after it has been posted and assumes no liability for any action or
inaction regarding transmissions, communications or content provided
by any user or third parties. We have no liability or responsibility
to anyone for performance or nonperformance of the activities
described in this paragraph.
Feedback & Suggestions
Direct feedback, comments, suggestions, requests for support and
other communications relating to the Demo Website to: email@example.com. ServiceNow
shall have a royalty‑free, worldwide, non‑exclusive, transferable,
sub‑licensable, irrevocable, perpetual right and license to make, use,
sell, offer for sale, import or otherwise incorporate for any purpose,
any feedback, and suggestions for improvements or enhancements to the
Demo Website and the ServiceNow Products.
5. Legal Considerations
Regional Legal Considerations
The owner of the Demo Website is based in the state of California in
the United States. The Demo Website can be accessed from countries
around the world. Access to the Demo Website may not be legal by
certain persons or in certain countries. If you access the Demo
Website from outside the United States, you do so on your own
initiative and are responsible for compliance with local laws. Access
to the Demo Website from territories where the Demo Website or any of
its services or products are illegal is prohibited. You acknowledge
that you remain responsible at all times for your compliance with U.S.
and all applicable export and related statutes and regulations.
Disclaimer of Warranties
ServiceNow cannot and does not promise or warrant that any aspect of
the Demo Website is free of viruses or other destructive code. You are
responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for anti‑virus protection and
accuracy of data input and output, and for maintaining a means
external to our site for any reconstruction of any lost data. WE WILL
NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED
DENIAL‑OF‑SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL
MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS,
DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DEMO WEBSITE
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DEMO WEBSITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE DEMO WEBSITE, INCLUDING ANY WEBSITE CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED THROUGH THE DEMO WEBSITE, IS AT YOUR OWN
RISK AND PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER SERVICENOW NOR ANY PERSON ASSOCIATED WITH SERVICENOW MAKES ANY
WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE DEMO WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER SERVICENOW NOR ANYONE
ASSOCIATED WITH SERVICENOW REPRESENTS OR WARRANTS THAT THE DEMO
WEBSITE WILL BE ACCURATE, RELIABLE, ERROR‑FREE OR UNINTERRUPTED, THAT
DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE
DEMO WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DEMO
WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SERVICENOW HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE DEMO
WEBSITE AND THE WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON‑INFRINGEMENT AND FITNESS FOR
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
EXCEPT TO THE EXTENT THAT A DISCLAIMER OF LIABILITY IS PROHIBITED
UNDER APPLICABLE LAW, IN NO EVENT WILL SERVICENOW, ITS AFFILIATES AND
ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND
DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY,
ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE,
THE DEMO WEBSITE, INCLUDING ANY WEBSITE CONTENT, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS
OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,
AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT
OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify and hold ServiceNow, its affiliates
and licensors and their respective officers, directors, employees,
contractors, agents, licensors and suppliers harmless from and against
any claims, liabilities, damages, judgments, awards, losses, costs,
expenses or fees (including reasonable attorneys' fees and other costs
your use of the Demo Website, including, without limitation, any use
of the Demo Website's content, services and products other than as
information obtained from the Demo Website.
Governing Law and Jurisdiction
related to, them, their subject matter or their formation (in each
case, including non‑contractual disputes or claims) shall be governed
by and construed in accordance with the internal laws of the State of
California in the United States without giving effect to any choice or
conflict of laws provision or rule (whether of the State of California
or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to,
in the federal courts of the United States or the courts of the State
of California, in each case located in the Santa Clara, California
although we retain the right to bring any suit, action or proceeding
residence or any other relevant country. You hereby irrevocably waive
any and all objections to the exercise of jurisdiction over you by
such courts and to venue in such courts.
You may not access, download, use or export materials posted to the
Demo Website in violation of U.S. export laws or regulations,
including the Export Administration Regulations (EAR), or in violation
of any other applicable export or import laws or regulations. You
agree to comply with all export laws and restrictions and regulations
of any United States or foreign agency or authority.
Waiver and Severability
further or continuing waiver of such term or condition or any other
term or condition, and any failure of ServiceNow to assert a right or
such right or provision.
competent jurisdiction to be invalid, illegal or unenforceable for any
reason, such provision shall be eliminated or limited to the minimum
continue in full force and effect.
Third Party Beneficiaries
There are no third‑party beneficiaries to this agreement.
Classification of Website and ServiceNow Products
In the event of a dispute, the categorization of any subject matter
as either the Demo Website or a ServiceNow Product shall be made by
ServiceNow in its sole discretion, and ServiceNow may reclassify as a
ServiceNow Product subject matter previously included in the Demo Website.
reason by giving you written notice, and all licenses, permissions and
other rights granted to you hereunder shall immediately terminate.
Notwithstanding the termination of this Agreement for any reason,
Sections 3 and 5 herein shall survive.
entire agreement between you and ServiceNow with respect to the Demo
Website and supersede all prior and contemporaneous understandings,
agreements, representations and warranties, both written and oral,
with respect to the Demo Website. For the avoidance of doubt, these
subscription agreement or other agreement pursuant to which you have
been granted the right to use or access a ServiceNow product or service.