Disclosures

Terms of Use

Last Updated April 2017

These Terms of Use constitute a legally binding agreement between Vista Equity Partners Management, LLC (“Vista Equity Partners”) and you, the user of the Vista Equity Partners web site (the “Site”). By accessing the Site you acknowledge that you have read and agree to the Terms of Use. The Terms of Use govern your use of the Site. Please read the Terms of Use carefully. If you do not agree with the Terms of Use, please do not use the Site.

Vista Equity Partners reserves the right to amend the Terms of Use in its sole discretion. Vista Equity Partners will post any changes to the Terms of Use on the Site, and changes shall be effective immediately upon posting. We recommend that you re-visit the Site on occasion to learn of revised terms or policies. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and policies.

Use of the Site

Your right to access and use the Site is limited solely for the purpose of evaluating a potential business relationship with Vista Equity Partners or for internal business purposes in furtherance of an existing business relationship with Vista Equity Partners. Without limiting the foregoing, as a condition of your right to access the Site under the Terms of Use, you acknowledge and agree that you shall not directly or indirectly:

  • Use the Site for any commercial purpose or the benefit of any third party;
  • frame or hyperlink the Site or any portion thereof without prior written consent of Vista Equity Partners;
  • Remove any proprietary notices from the Site or any copy thereof;
  • Attempt to decompile, reverse engineer or hack the Site or to defeat or overcome any security measures, encryption and/or digital rights management technology implemented by Vista Equity Partners with respect to the Site and/or data transmitted, processed, or stored by Vista Equity Partners; or
  • Use the Site for any illegal or fraudulent purpose.

Regulatory Disclosures

The content of this Site is for general, informational purposes. Neither Vista Equity Partners Management, nor any of its affiliates (collectively, “Vista Equity Partners”), makes any representation or warranty, express or implied, as to the accuracy or completeness of the information contained herein. Under no circumstances should the information presented be considered an offer to sell, or a solicitation to buy, any security. Such offer or solicitation may only be made pursuant to the current offering documents for the relevant Vista Fund (the “Fund”) which may only be provided to accredited investors and qualified purchasers as defined under the Securities Act of 1933 and the Investment Company Act of 1940. While the information provided is believed to be accurate and reliable, Vista, its affiliates, advisors, and employees make no express warranty as to its completeness or accuracy.

Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you should pursue any investment strategy, and no information or Content (as defined below) on the Site is to be relied upon for the purpose of making or communicating investment or other decisions. Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax, legal, or other professional advice.

The information provided on this Site may not be reproduced, distributed, or communicated, in whole or in part, to any third party without the express written consent of Vista Equity Partners.

This Site includes information regarding Vista Equity Partners’ past and present portfolio companies. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments described herein. Further, references to Vista Equity Partners’ past and present portfolio companies should not be construed as a recommendation of any particular investment or security. The portfolio companies listed should not be assumed to have been profitable. Any past performance information on the Site, including the Investor Website (as defined below), is not necessarily indicative, or a guarantee, of future results.

The Site may contain forward-looking statements (including those relating to current and future market conditions and trends in respect thereof) that are not historical facts and are based on current expectations, estimates, projections, opinions and/or beliefs of Vista. Such statements involve known and unknown risks, uncertainties and other factors, and undue reliance should not be placed thereon. In addition, no representation or warranty is made with respect to the reasonableness of any estimates, forecasts, illustrations, prospects, or returns, which should be regarded as illustrative only, or that any profits will be realized. Actual events or results or actual performance of the relevant Fund (or any other entity referred to on the Site) may differ materially from those reflected or contemplated in such forward-looking statements. As a result, investors should not rely on such forward-looking statements in making their investment decisions. No representation or warranty is made as to future performance or such forward-looking statements.

Certain performance rankings described herein (the “Rankings”), including but not limited to the 2014, 2015, and 2016 HEC-Dow Jones Private Equity Performance Ranking, Buyouts rankings, and Preqin rankings, were prepared by third parties using data, including but not limited to fund performance data, gathered through surveys, databases, and other sources. The Rankings do not include information on all applicable private equity funds available for investment or all vintages of such private equity funds and therefore are necessarily incomplete. In particular, the Rankings do not include the results of private equity funds that do not meet the specified investment strategy or other specified criteria, or that were raised prior to or subsequent to the cut-off dates specified in the criteria for such Rankings. Inclusion of such private equity funds could materially affect the relative positioning of the private equity firms shown in the Rankings. In addition, the Rankings make certain assumptions and weightings, and other assumptions or weightings could lead to materially different results. Because the methodologies of the Rankings are proprietary, it is not possible for a private equity firm to assess the universe of private funds included, including an assessment of whether such funds have investment programs or risk/return profiles similar to that of the funds managed by such firm. Use of other methodologies might lead to a private equity fund or firm being ranked in a materially different position. In addition, any Ranking that represents an aggregate performance of any private equity firm’s funds, including but not limited to the 2014 and 2015 HEC-Dow Jones Private Equity Performance Ranking and Preqin rankings, is not necessarily indicative of any one investor’s experience. For the foregoing and other reasons, the Rankings may not be an appropriate measure by which to assess the performance of any private equity fund.

Risks You Assume

While we make reasonable efforts to provide accurate information, we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated, or otherwise inappropriate. You agree that we are not responsible for any action that you take or decision you make in reliance on any information contained in the Site.

Links to Other Websites

This Agreement applies only to the Site and not to other websites that may be accessible from the Site and Vista Equity Partners shall not be responsible for the content of any third-party website accessible from the Site. Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with Vista Equity Partners. If you access any third-party website through the Site or otherwise, you do so at your own risk and we encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.

Ownership

The trade names, trademarks, service marks, trade dress, logos, and other indicia of source (collectively, “Marks”) found on the Site and any and all information and content available through the Site, such as for example graphics, logos, articles, and other materials (collectively, “Content”) are proprietary to Vista Equity Partners or its licensors and are protected by intellectual property rights and unfair competition and other laws. The Marks may be registered or unregistered trademarks of Vista Equity Partners or others. You may not use any Mark or Content without the express prior written permission of the owner (whether Vista Equity Partners or otherwise), and nothing contained in the Terms of Use or anywhere on the Site shall be construed as granting any license, permission, or right to use any Mark or Content. Any unauthorized or prohibited use of the Marks or Content may subject the offender to civil and criminal liability under applicable law.

Disclaimer of Warranties

The site is provided “as is” and “as available” and, to the maximum extent permitted under law, provided without warranties, claims, or representations made by Vista Equity Partners, either express, implied, or statutory, with respect to the site, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, or trade usage. Vista Equity Partners further does not represent or warrant that the site will always be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free. You acknowledge that the entire risk arising out of the use or performance of the site remains with you to the maximum extent permitted under law.

Limitation of Liability

Vista Equity Partners does not assume any liability or responsibility for the Site or the Content. Vista Equity Partners is not liable to you or anyone else for any claim of any nature whatsoever based on (1) the Site or the Content, including any decision made or action taken based on the Content or any feature of the Site or (2) your breach of any provision of the Terms of Use.

Under no circumstances will Vista Equity Partners be liable for any damages or losses (including direct, indirect, incidental, consequential, special, punitive, or exemplary damages, lost revenues, lost profits, loss of business, loss of data, or any other damages or losses) arising out of or in connection with the Terms of Use or your use of any service or Content, regardless of the theory of liability, whether tort (including negligence of any kind), contract or any other legal or equitable theory, even if advised of the possibility of the damages or if the damages could have been foreseen.

Indemnity

You agree that you will be solely responsible for, and that you will defend, indemnify, and hold Vista Equity Partners, its parents, subsidiaries, and other affiliates and each of their respective officers, directors, agents, employees, and representatives harmless from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorneys’ fees, resulting from your use of the Site or your violation of the Terms of Use. Vista Equity Partners reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Vista Equity Partners for all liabilities, losses, or damages. You agree to provide Vista Equity Partners with whatever cooperation it reasonably requests.

Password Protected Investor Website

If you have received a password to access information provided to investors in the Funds (the “Investor Website”), you acknowledge and agree that Vista Equity Partners has granted you limited access to specific information pertaining to certain Funds, and that the Terms of Use apply to the Investor Website in addition to any other terms of use, confidentiality agreements, and disclaimers on the Investor Website. You agree not to attempt to access information other than that to which you are entitled as an investor. You agree that you are responsible for all activities that occur in connection with or arising out of the provided password. Accordingly, you agree to take all reasonable steps to protect the confidentiality of your password and not to allow any other person to use your password or gain access to the Investor Website. You agree to notify Vista Equity Partners immediately if you become aware of any disclosure, loss, theft, or unauthorized use of your password.

The information contained in the password protected Investor Website is confidential and subject to the confidentiality provisions contained in the governing agreements of the entities to which you are a party. The information contained in the Investor Website may not be disseminated to any third party without the express written consent of Vista Equity Partners.

The Investor Website may contain material non-public information regarding the Funds or portfolio companies. It is a violation of United States securities laws for a person to trade securities of an issuer while in possession of material non-public information regarding such issuer or to communicate such material non-public information to any other person.

If you have not received a password to access the Investor Website, you agree not to attempt to access computer files in the Investor Website.

Privacy

Your privacy is very important to us at Vista Equity Partners. To better protect your rights we have provided the Vista Equity Partners Privacy Statement to explain our privacy practices in detail.

International Use

Vista Equity Partners makes no representation that the use of the Site outside of the United States is appropriate or lawful. Accessing this Site from countries or territories where such access is illegal is prohibited. If you access this Site from outside of the United States, you do so at your own risk and agree to comply with all local rules and regulations regard internet usage. Vista Equity Partners’ databases are located in the United States and if you provide us with any data, you consent to the transfer and storage of such data within the United States.

Termination

Vista Equity Partners may terminate your access to this Site at any time for any reason without notice.

Miscellaneous

Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of the Terms of Use shall nonetheless remain in full force and effect. The failure of Vista Equity Partners at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. The Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of law rules. Any legal proceeding arising out or relating to the Terms of Use against or relating to Vista Equity Partners or any indemnified party under the Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in Austin, Texas and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in the Terms of Use and any agreements included or referred to in the Terms of Use constitute the final, complete, and exclusive agreement with respect to the Site and may not be contradicted, explained, or supplemented by evidence of any prior agreement, any contemporaneous oral agreement, or any consistent additional terms.

Headings and captions throughout the Terms of Use are for convenience only and should not be considered part of the Terms of Use. The word “including” means “including without limitation.”

If you have any questions or concerns about the Terms of Use or any issues raised in the Terms of Use or on the Site, please contact Vista Equity Partners at +1 (415) 765.6500.

© 2017 Vista Equity Partners Management, LLC. All Rights Reserved.