Terms and conditions

Welcome to CDS, a Hewlett Packard Enterprise company (“CDS” or “Our” or “We” or “Us”), and thank You for visiting. We hope You enjoy the experience! These Terms of Use (“These Terms”) are a legal contract between You and CDS (collectively, “Everyone”) and govern Your activity on CDS’s websites and other tools. All the text, data, information, software, graphics, logos, photographs, and more (all of which We refer to as “Materials”) that CDS and its subsidiaries and affiliated companies may make available to You, as well as any solutions We may make available to You through any of Our websites and other tools (all of which are referred to in These Terms as “CDS Tools”).
READ THESE TERMS CAREFULLY BEFORE ACCESSING, BROWSING, OR USING CDS TOOLS. ACCESSING, BROWSING, OR USING CDS TOOLS INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT ACCESS, BROWSE, OR USE CDS TOOLS IF YOU DO NOT ACCEPT THESE TERMS.

Acessing CDS Tools

When You access CDS Tools, You are responsible for complying with These Terms as well as any and all use of CDS Tools through any account that You may setup through or on CDS Tools. Some Materials will only be available to You if You have an account. You agree to provide true, accurate, current, and complete information for so long as You use CDS Tools. Because it is Your account, it is Your responsibility to obtain and maintain all equipment, services and software needed for access to and use of CDS Tools as well as paying related charges, if applicable. It is also Your responsibility to maintain the confidentiality of Your password(s). Should You believe Your password or other security information for CDS Tools has been breached in any way, You must immediately notify Us.

Sometimes, We collect certain personal information about You solely in connection with Your access and use of CDS Tools. CDS's use of that information is governed by the provisions of the CDS Privacy Statement.

We reserve the right to require that You change Your password, other related security information, or restrict Your access to CDS Tools as We deem reasonably necessary.

Your Permitted Use of CDS Tools

You are invited to use CDS Tools for Your personal and business purposes where you are considering purchasing CDS’s solutions for use in Your business (“Permitted Uses”).

We hereby grant You a limited, personal, non-exclusive and non-transferable license during the authorized term to use and to display the Materials only in connection with Permitted Uses. Your right to use the Materials is conditioned on Your acceptance and compliance with These Terms.

You have no other rights in CDS Tools or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any CDS Tools or Materials in any manner, unless it is authorized in writing by Us.

If we allow You to make copies of any CDS Tools while engaging in Permitted Uses we require that You please keep all of CDS’s copyright and other proprietary notices as they appear on CDS Tools.

Unauthorized Use of CDS Tools, Acceptable Use Policy

We authorize Your limited use of CDS Tools. Any other use of CDS Tools beyond the Permitted Uses is prohibited and, therefore, constitutes unauthorized use of CDS Tools. This is because all rights in CDS Tools and Materials remain the property of HPE, CDS, its subsidiaries, or its affiliated companies

Unauthorized use of CDS Tools and Materials may result in violation of various United States and international intellectual property laws. We do not want that to happen and, therefore, We have given You examples of things to avoid in Our Acceptable Use Policy found here. Y. You must follow HPE’s Acceptable Use Policy whenever You use CDS Tools or any solutions offered from CDS Tools.

Terminating Your Use of CDS Tools

We or You may terminate Your use of CDS Tools at any time. Your use of CDS Tools will automatically terminate in the event You breach any of These Terms. To clarify:

Unless We otherwise agree with You in writing, We may terminate, suspend, or modify Your registration with, or access to, all or part of CDS Tools, without notice, at any time and for any reason.
You may discontinue Your access to and use of CDS Tools at any time. In the event of an automatic termination for breach, You must immediately destroy any downloaded or printed Materials (and any copies thereof).
Termination of solutions acquired through CDS Tools shall be governed by Other Agreements (as defined in section titled below “Other Agreements; Our Solutions”), and will not necessarily terminate when the use of CDS Tools is terminated. However, termination of CDS Tools may impact the user experience for CDS solutions.

Disclaimers

CDS TOOLS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF CDS TOOLS IS WITH YOU.

CDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO CDS TOOLS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT CDS DOES NOT PROMISE YOU THAT CDS TOOLS ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, CDS makes no warranty that CDS Tools will meet Your requirements or that CDS Tools will be uninterrupted, timely, secure, or error free or that defects in CDS Tools will be corrected. CDS makes no warranty as to the results that may be obtained from the use of CDS Tools or as to the accuracy or reliability of any information obtained through CDS Tools. No advice or information, whether oral or written, obtained by You through CDS Tools or from CDS, its subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "The HPE Parties") shall create any warranty. CDS disclaims all equitable indemnities.

Warranties related to solutions acquired through CDS Tools shall be governed by Other Agreements (as defined in section titled below “Other Agreements; Our Solutions”).

Limitation of Liability

IN NO EVENT WILL ANY OF THE CDS PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) DAMAGES THAT ARE MORE THAN ONE HUNDRED UNITED STATES (US$100.00) DOLLARS IN TOTAL (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH CDS TOOLS (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF CDS TOOLS), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF THE CDS PARTIES HAD BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

EXCLUSIONS AND LIMITATIONS: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Therefore, some of the above disclaimers and limitations of liability may not apply to You. To the extent The CDS Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the amount of The CDS Parties' liability shall be limited to the minimum amount permitted under such applicable law.

Limitation of liability regarding solutions acquired through CDS Tools shall be governed by Other Agreements (as defined in section titled below “Other Agreements; Our Solutions”).

Other Agreements; Our Solutions

HPE and CDS may provide solutions such as hardware, firmware, infrastructure as a service, application as service, platform as a service, software, software as a service, support services, professional services and other solutions (collectively “Solutions”)or access to CDS Tools under the terms of a separate agreement between You and HPE or CDS, as applicable (" Other Agreement"). CDS's obligations regarding any Solutions or CDS Tools that it makes available to You under any Other Agreement shall be governed by such Other Agreement under which such CDS Solutions or CDS Tools are provided and These Terms shall not be deemed or construed to alter the terms of any such Other Agreement. If there is an inconsistency between These Terms and any Other Agreement, the Other Agreement will control.

CDS May Modify CDS Tools

CDS reserves the right to modify, suspend, or discontinue CDS Tools at any time without notice to You. We would, however, like You to be aware of the following:

CDS may make changes to the CDS Tools, the Materials, or to the CDS Solutions and prices described in CDS Tools, at any time without notice.
CDS Tools may be out of date and CDS makes no commitment whatsoever to update CDS Tools.
Information published on CDS Tools may refer to programs or CDS Solutions that are not available in Your country.

We suggest You consult Your local CDS business contact for information regarding the programs or CDS Solutions that may be available to You via CDS Tools.

Intellectual Property Rights

CDS respects the intellectual property rights of others, and We ask You to do the same. We may, in appropriate circumstances and at Our discretion, terminate access to CDS Tools for users who infringe the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on HPE or CDS Tools or websites, please let Us know by following the procedures found here Claims of Infringement on CDS websites.

Our Trademarks

CDS, a Hewlett Packard Enterprise, CDS, CDS, CDS, a Hewlett Packard Enterprise Logo, the CDS Logo, and HEWLETT PACKARD ENTERPRISE, HEWLETT PACKARD, HPE, the Hewlett Packard Enterprise Logo, the HPE Logo, the Hewlett, variations of the foregoing logos (all HPE logos are referred to collectively herein as the “Hewlett Packard Enterprise Logos”), and other trademarks used by HPE are registered trademarks of Hewlett Packard Enterprise Company and/or its affiliates.

You may use Our word marks in text to refer fairly and accurately to Us and our Solutions, subject to the guidelines below.

The CDS and Hewlett Packard Enterprise Logos are reserved for use by Us and Our partners and licensees that have a written agreement with Us that specifically authorizes logo use. No other use of Hewlett Packard Enterprise Logos or stylized marks is permitted.

You may not use Our trademarks in a manner likely to mislead consumers as to Your relationship with Us, as to Our sponsorship or endorsement of Your company, products or services, or as to the origin of Your products or services. Any use of Our trademarks that is likely to confuse or mislead the public is unlawful and expressly prohibited.

Trademark Use by Authorized Partners and Licenses

If You have an existing relationship with Us, you must adhere to the specific trademark use guidelines and terms provided in Your Other Agreement. If you have any questions you must check with CDS before using any CDS or HPE trademarks at cdsbranding@hpecds.com.

CDS General Trademark Guidelines

The following general trademark guidelines are intended for use by companies that are authorized users of Our trademarks, including for example, Our partners, licensees, alliances and authorized resellers under contract with Us under Other Agreements.

We do not use or require the use of trademark symbols, legends or acknowledgements with Our trademarks, unless otherwise agreed in writing.
Our trademarks should be presented as adjectives modifying generic nouns; for example: Hewlett Packard Enterprise servers, HPE support services, etc.
Do not use variations, plural or possessive forms of our trademarks.
Do not use Our trademarks in a manner likely to mislead or confuse the public as to the origin of any goods or services, or as to sponsorship or endorsement by Us.
Do not use Our trademarks to make false statements about Us or the Solutions.
Do not incorporate or integrate Our trademarks in Your trade names, business names, product names, service names, social media user names, or domain names.
Do not adopt or imitate CDS logos, Hewlett Packard Enterprise Logos, distinctive product designs, product packaging, trade dress, advertising materials, slogans, taglines or website layouts.

When referring to Us in formal documentation (i.e., annual reports, financial reports) the full legal entity name, CDS a Hewlett Packard Enterprise Company is preferred. In other contexts, CDS is preferred.

Additional Guidelines for Authorized Users of CDS, a Hewlett Packard Enterprise company logo or the Hewlett Packard Enterprise Logos

HPE and CDS have brand GUIDELINES WHICH MAY BE REVISED FROM TIME TO TIME WITHOUT NOTICE. IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK THIS PAGE AS WELL AS CHECK WITH APPROPRIATE HPE OR CDS BUSINESS CONTACTS TO ENSURE CONTINUED COMPLIANCE WITH OUR TRADEMARK USE GUIDELINES.

Before making use of any use of CDS branding you must check with cdsbranding@hpecds.com

Before making use of any use of HPE branding please refer to the appropiate sections in the following link: https://www.hpe.com/uk/en/about/legal/terms-of-use.html

Links To Third-Party Websites

We think links are convenient, and so We may provide links on CDS Tools to third-party websites. If You use those links, You will leave CDS Tools. CDS is not obligated to review any third-party websites that You link to from CDS Tools. CDS does not control any of the third-party websites and is not responsible for any of the third-party websites (or the products, services, or content available through any of them).

Thus, CDS does not endorse or make any representations about such third- party websites, any information, software, products, services, or materials found there, or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from CDS Tools, You do so entirely at Your own risk and You shall be deemed subject to the privacy policies and terms and conditions for those third-party websites. These Terms are not applicable to Your use of any such third-party websites.

Indemnification

You agree to indemnify, defend, and hold harmless The CDS Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from Your (or anyone using Your account) violation of These Terms. CDS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with CDS’s defense of such claim.

Electronic Communications

When You visit CDS Tools or send e-mails to CDS, You are communicating with CDS electronically. We may respond to You by e-mail or by posting notices on CDS Tools. You agree that all such notices, disclosures, and other communications that CDS provides to You electronically satisfy any legal requirement that such communications be in writing.

Ownership

Unless otherwise specified in These Terms, all Materials, as well as the arrangement of them on CDS Tools are Our sole property, Copyright © 2025 Hewlett Packard Enterprise Group. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.

Entire Agreement for Everyone

These Terms, together with any additional terms to which You agree when using particular elements of CDS Tools, constitute the entire and exclusive and final statement of the agreement as between Everyone with respect to the subject matter hereof, superseding any prior agreements or negotiations between You and CDS with respect to the same. The CDS Parties are third party beneficiaries with respect to the provisions in These Terms that reference them.

Governing Law

These Terms shall be governed by the laws of the State of Delaware as applied to agreements made, entered into, and performed entirely in Delaware by Delaware residents, notwithstanding Your actual place of residence or business. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to These Terms. All lawsuits arising from or relating to These Terms or Your use of CDS Tools shall be brought in the Federal or State courts located in Delaware, and You hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

Miscellaneous

The failure of CDS to exercise or enforce any right or provision of These Terms shall not constitute a waiver of such right or provision. If any provision of These Terms is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavor to give effect to the remaining terms. The section titles in These Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of Your use of CDS Tools. These Terms will be interpreted without application of any strict construction in favor of or against You or CDS. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by CDS without restriction.

California Consumer Notice

Under California Civil Code Section 1789.3, CDS does not sell your data. California users are entitled to the following consumer rights notice: CDS Tools are provided by CDS. If You have a question or complaint regarding CDS Tools, please contact CDS Privacy Office . California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 ##paragraph_90## (800) 326-2297 or TDD (916) 322-1700.

CDS May Modify These Terms of Use

CDS may, in its sole and absolute discretion, change These Terms (including any other documents that are referenced in or linked to from These Terms) from time to time. CDS will post notice of such changes on CDS Tools as applicable. If You object to any such changes, Your sole recourse shall be to cease using CDS Tools. Continued use of CDS Tools following notice of any such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of These Terms may be superseded by expressly- designated legal notices or terms located on particular pages of CDS Tools and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into These Terms and to supersede the provision(s) of These Terms that are designated as being superseded.

Revised February 2025