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New Relic (“New Relic”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf. New Relic will respond expeditiously to claims of copyright infringement committed using the New Relic service and/or the New Relic website (the “Site”) if such claims are reported to New Relic’s Designated Copyright Agent identified below.

 

DMCA Notice of Alleged Infringement

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the DMCA Notice of Alleged Infringement and delivering it to New Relic’s Designated Copyright Agent. Upon receipt of Notice as described below, New Relic will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
  3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to New Relic’s Designated Copyright Agent:

Copyright Agent

New Relic Inc.

188 Spear Street, Suite 1200

San Francisco, CA 94105

copyright@newrelic.com

 

DMCA Counter Notice to Alleged Infringement

A party that has received notice from New Relic that its content will be removed or blocked by New Relic in response to a DMCA Notice of Alleged Infringement may provide a counter notice under the DMCA to New Relic. If you believe that the content that New Relic has removed or blocked is not infringing or that you have the legal rights to use the content, you may provide the counter notice with the information described below. Upon receipt of the counter notice, New Relic will take whatever action, in its sole discretion, it deems appropriate, including not reinstating the challenged content to the Site. 

Please provide the following information for a DMCA Counter Notice: 

(1) Identify the copyrighted work that was removed and where it had been located. 

(2) A statement under penalty of perjury that you believe in good faith that the allegedly infringing matter was removed as a result of mistake and that the content is not infringing. The body of the counter notice should contain a representation of one of the following statements, depending on the basis for which you are providing the counter notice:

I hereby state under the penalty of perjury that I have a good faith belief that: 

  1. the disputed use of the copyrighted material is authorized by the copyright owner, its agent, or the law (e.g., as a fair use); or 
  2. I legally own the copyrighted material.

(3) Your name, address, and phone number. 

(4) A statement that you consent to U.S. federal district court jurisdiction in: (a) the jurisdiction where the person who provided notification of alleged infringement is located and (b) San Francisco, California. 

(5) A statement that you consent to service of process from: (a) the person who provided notification of the alleged infringement and (b) New Relic. 

(6) Your full legal name and physical or electronic signature.

Deliver this Notice, with all items completed, to New Relic’s Designated Copyright Agent above.

 

Repeat Infringer Policy

New Relic does not condone infringement of intellectual property rights and treats repeat reports of infringement seriously. New Relic reserves the right to revoke or terminate access of any user that New Relic has determined to be a “repeat infringer” of the intellectual property rights of others. New Relic reserves the right to set the criteria for which it will determine whether a user constitutes as a repeat infringer under the context and circumstances. If a “repeat infringer” is defined by law, New Relic will adopt that legal definition as its minimum standard.  

Without waiving or limiting New Relic’s right to determine what constitutes a “repeat infringer,” New Relic will consider any person, which includes any entity, for which New Relic receives three (3) or more Notices a repeat infringer. New Relic will evaluate all relevant facts and circumstances in its determination to potentially terminate or restrict access of the repeat infringer. New Relic does not waive any right to pursue any remedy at law or in equity against any persons violating intellectual property rights. 

 

Updated: November 15, 2021