Legal

Welcome to the Internet sites of Silver Lake Management, L.L.C. and its affiliates ("Silver Lake"). Please read our Terms and Conditions of Website Use ("Terms and Conditions") carefully before using our website. These Terms and Conditions set forth the legally binding terms and conditions that govern your access to and use of this website (the "Site") and its contents (collectively, the "Content"). By using the Site, you accept these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions for any reason, please do not use this Site.

These Terms and Conditions may be updated by us at any time. Your continued use of the Site after any such modifications shall constitute your acceptance of these Terms and Conditions as modified.

Permitted Uses of Our Site and Content

All Content on our Site is the intellectual property of Silver Lake or other parties, and is protected by copyright and other intellectual property law. We have listed below the permitted uses of our Content by Internet Site visitors. We reserve the right to change our permitted uses at any time.

You may copy and print individual pages of our Site. However, you may not extract, copy or download a large portion of the Content, such as by a bot, webcrawler, scraper, spider or other device that "harvests" portions of the Site. Any copies of our Site pages must not remove any copyright, trademark or other proprietary notices or other legends. You may not alter or modify the Content in your copies.

You may use and print minimal copies of our Content solely for your personal, non-commercial purposes. Unless you receive our permission in advance, you may not make more than minimal copies of our Content, exploit any of our Content commercially, forward it as a mass distribution, or post it on another Site.

Submissions

 
We welcome any questions, comments or other content you choose to submit to us through the Site (including through e-mail links). To avoid any misunderstandings, please be advised that we have the right to (and to allow others to) use, copy and distribute any questions, comments or other content you submit to us, without compensating or notifying you.

 

While we make reasonable efforts to ensure that the Site is secure, we do not guarantee the security of the Site.  Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Site may not be secure. Communications to Silver Lake, particularly those containing confidential information, may be sent by mail to the intended recipient at the appropriate office address contained on this Site. 

Prohibited Uses of Our Site and Content

Silver Lake has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you.

You may not link to this Site or display this Site as "framed" within another website. You may not (and may not encourage others to) violate any law, regulation, rule or the intellectual property, privacy or publicity, or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information or computers of others, through this Site. You may not: send through this Site any materials or communications that are unlawful or defamatory, indecent, harassing, or otherwise objectionable in our sole discretion; transmit any virus, worm, time bomb or similar system interference or corruptant through this Site; or use this Site to engage in any other unauthorized or unwelcome online conduct.

We reserve the right to change or supplement our policies as to prohibited uses at any time.

You agree to indemnify and hold harmless Silver Lake and its affiliates and their employees, agents and representatives from any and all liabilities, damages, losses, claims, expenses and fees resulting from your violation of our website policies.

No Offer or Advice

The Content is provided for informational purposes only and does not constitute an offer to sell or buy any securities and may not be used or relied upon in connection with any offer or sale of securities. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.

Silver Lake is not utilizing the Site to provide investment or other advice, and nothing on the Site is to be deemed a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy. If you would like investment, accounting, tax or legal advice, you should consult with your own advisors with respect to your individual circumstances and needs.

Trademarks

SILVER LAKE®, SILVER LAKE PARTNERS®, SLP™, SILVER LAKE SUMERU®, SUMERU™ and certain other marks displayed on this Site are trademarks and service marks of Silver Lake. You may not use any of Silver Lake's trademarks, trade names or service marks in any manner that creates the impression that such names and marks belong to or are associated with you or your affiliates or are used with Silver Lake's consent. All other trademarks or service marks on the Site that are not owned by Silver Lake are the property of their respective owners.

Links to Other Websites

This Site may contain links to, or may be linked from, other websites that are not maintained by us. Silver Lake does not endorse, have any responsibility for, or make any representations about, any other websites, including their products and services, content, communications and website use policies. Silver Lake expressly disclaims any responsibility for your access to or use of such other websites.

Limitations of Liability

You acknowledge and accept that: (1) notwithstanding the reasonable efforts by Silver Lake to avoid technological problems, the Site may not be available, may not function properly or may have or cause technological problems (including, without limitation, computer malfunction, failure of performance, delays, interruptions, defects, errors, worms or viruses) from time to time; and (2) notwithstanding any reasonable security precautions that Silver Lake or its designee may take, Silver Lake or its designee can not, and does not, guarantee that the Site will be free of security problems (including, without limitation, unauthorized interception of data or communications).

 

Information on the Site speaks only as of the date indicated. While we make reasonable efforts to provide accurate information, at times we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate. 

Silver Lake will not be liable for any damages or injury, including but not limited to special or consequential damages, that result from the use of (or the inability to use) this Site and its contents, or a website linked to this Site, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction, or from any action that you take or decision you make in reliance on any information contained in the Site.

 

Notwithstanding the foregoing, nothing contained in preceding paragraphs or elsewhere in these Terms and Conditions shall constitute a waiver by you of any of your legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived.

 

Awards and Rankings

 

It is not known to Silver Lake, nor has Silver Lake investigated, whether the awardees have been rated by these or any other third parties in any way that would conflict with the awards referenced herein. It is possible that a different panel of judges, or a different universe of participants, nominees, or funds, may have achieved different results. There may be other awards for which the awardees were considered but did not receive an award, or other Silver Lake funds that did not receive any awards or make any rankings. The awards or rankings may not be representative of a particular investor’s experience or the future performance of the awardees. There is no guarantee that similar awards or rankings will be obtained by the awardees or any other funds managed by  Silver Lake in the future. Notice is provided solely for informational purposes and should not be construed, or relied upon, as any indication of future performance of Silver Lake or any of its funds or investments.

 

Disclaimer

THIS SITE IS PROVIDED BY SILVER LAKE ON AN "AS IS" AND "AS AVAILABLE" BASIS. Silver Lake does not make and hereby disclaims any express or implied warranties, representations, or endorsements whatsoever, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or warranties of title or non-infringement, as to the operation of this Site or the information included on this Site. SILVER LAKE DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

International Use

Silver Lake makes no claims that this site is appropriate or lawful for use or access outside the United States. Access to this Site from countries or territories where such access is illegal is prohibited. If you access this Site from outside the United States, you do so at your own risk. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and website access. Furthermore, our databases are located in the United States. By sending us your data, you consent to its transfer to and storage within the United States.

Governing Law / Forum

These Terms and Conditions are governed by California law. If we have a dispute regarding this policy or your use of our Site, you agree that it shall be resolved solely in the state or federal courts located in or near Menlo Park, California.

 

Confidentiality

The information contained in the password-protected portion of the website (the “LP Website”) is confidential and is subject to the confidentiality provisions contained in the governing agreements of the relevant entities to which you are a party. As a limited partner of one or more of the Silver Lake funds, or a representative of such a limited partner, you are subject to those confidentiality provisions. By use of the LP Website you agree that the information relating to Silver Lake funds in which you are not a limited partner is subject to the same confidentiality restrictions that apply to you as a limited partner in any of the Silver Lake funds. The information contained in the LP Website may not be reproduced or redistributed in any manner.

 

The information contained in the LP Website may include material non-public information regarding the Silver Lake funds and their underlying portfolio companies. It is a violation of U.S. securities laws for a person in possession of material non-public information concerning an issuer to purchase or sell securities of such issuer or to communicate such information to another person under circumstances in which it is reasonably foreseeable that such person is likely to purchase or sell securities.

 

Password Use, Security and Notification

If you have received a password to access the LP Website, you acknowledge and agree that we have granted you limited access to specific files pertaining to Silver Lake funds (“Approved Information”), and you agree not to attempt to access computer files other than the Approved Information. You agree that you are responsible for all activities that occur in connection with or arising out of use of your 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 LP Website. You agree to notify Silver Lake immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password. 

 

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

 

Termination

Silver Lake may terminate your access to this Site for any reason, without prior notice.

 

Important Information Regarding the Relationship between Silver Lake Partners and Silver Lake Sumeru

The primary investment focus of the Silver Lake Partners strategy is to make private equity investments in large-scale companies within the technology, technology-enabled, and related growth industries. The primary investment focus of the Silver Lake Sumeru strategy is to make private equity investments in middle market companies within the technology, technology-enabled, and related growth industries. Not only do Silver Lake Partners and Silver Lake Sumeru have distinct primary investment objectives, but they also have largely different teams of investment professionals. Any portfolio companies mentioned of either strategy are only a representative sampling. Please see the Portfolio page for a complete list of both strategies’ portfolio companies.

 

Important Information Regarding the Relationship between Silver Lake Partners and Silver Lake Kraftwerk

The primary investment focus of the Silver Lake Partners strategy is to make private equity investments in large-scale companies within the technology, technology-enabled, and related growth industries. The primary investment focus of the Silver Lake Kraftwerk strategy is to provide growth capital to business innovators in the energy and resource sectors. Not only do Silver Lake Partners and Silver Lake Kraftwerk have distinct primary investment objectives, but they also have largely different teams of investment professionals. Any portfolio companies of Silver Lake Partners mentioned are only a representative sampling. Please see the Portfolio page for a complete list of Silver Lake Partners’ portfolio companies.

 

Foundation Capital is a venture capital firm that typically invests in start-ups with an initial investment of $1 million to $10 million followed by subsequent rounds of financing. Foundation Capital has typically concentrated its investments in Information Technology (Software & Services, Semiconductor & EDA, and Networking and Infrastructure), Consumer, and Cleantech. Foundation Capital’s “Cleantech” investments focused on technology enabled energy efficiency and demand-side management—including smart-grid technologies—as well as green building materials and industrial processes, food quality, and clean water, which investments are similar but not identical to the investments expected to be made by Silver Lake Kraftwerk. Mr. Grosser was the founder of Foundation’s Energy Practice, and he sourced and prosecuted the investments in the companies on whose boards he sat while at Foundation Capital. The Investment Committees of the Foundation Capital funds that made these investments consisted of 5 members in addition to Mr. Grosser. No members of the Foundation Capital Investment Committees other than Mr. Grosser will be involved in the management and investment activities of Silver Lake Kraftwerk.

 

© 2013 Silver Lake Management, L.L.C. All Rights Reserved.

General

Silver Lake Management, L.L.C. and its affiliates ("Silver Lake") are committed to protecting the privacy of visitors to our website (the "Site"). This Privacy Policy seeks to help you understand whether and how we collect information about you when you visit the Site, and how we use such information. This Privacy Policy does not address our privacy practices concerning any nonpublic personal information we collect as to our investors; we address those practices in separate notices sent to our investors or potential investors.

This Privacy Policy applies when you visit the Site. By using the Site, you accept this Privacy Policy, which may be updated by us at any time. If you do not agree to this Privacy Policy for any reason, please do not use the Site or share your personally identifiable information with us as discussed below. Please note that this Privacy Policy applies only to the Site, and not to any other website that may be linked to it. We do not control the privacy policies or practices of others. We encourage you to ask questions and read the privacy policies of other websites before you disclose any personal information to them.

If you have any questions or comments about this Privacy Policy, you can write to us at Privacy Matters, Silver Lake, 2775 Sand Hill Road, Suite 100, Menlo Park, CA 94025.

How We Collect, Use, Share and Protect Your Information

Site Visits: In general, we automatically gather certain information from the Site visitors through server logs, such as the number and frequency of your visits. This information may include the URL of the last and next website you visit, your browser and operating system, your IP address, how long you spend on the Site and what pages you view here. We may use this information on an aggregate basis to understand better how our visitors use the Site, research our visitors' demographics, interests, and behavior, improve Site, provide visitors with customized services and information, and for other similar purposes.

We do not currently gather information concerning visitors to the Site through cookies or other tracking technologies.

We do not collect any personally identifiable information from you through the Site except as described below. Personally identifiable information is information that personally identifies you, such as your name, postal address, e-mail address, or credit card information (or other information that is associated by us with such above information).

We are not responsible for any other websites accessible from or linked to the Site, including their privacy policies or information collection practices.

Please be advised that the virtual data room portals that can be accessed through links on the Site by investors in funds managed by Silver Lake are maintained by third-party service providers, whose privacy policies apply to those portals and to the personal information you provide in activating and using your account to access those portals; the third party service providers only inform us of who has access to the portals they operate. We encourage you to review those privacy policies.

Further, we do not control any cookies, web beacons or other similar devices that may be placed on the Site by third parties.

Employment Inquiries: You may choose to inquire as to employment with Silver Lake and send us a resume and letter through an online e-mail link we provide. Any personal information you provide to us in this regard will be viewed only by Silver Lake for the purpose of evaluating your application. We are an Equal Opportunity Employer.

Other: We will collect any other personally identifiable information from you if you voluntarily provide it through the Site - such as by providing your e-mail address and other personal information to receive further information about us-and will use such personally identifiable information for the purpose of processing and responding to your inquiries and requests, and to improve the Site and offerings.

We may share your non-personally identifiable information with others, such as investors, for informational or promotional purposes. Non-personally identifiable information is information that does not personally identify you, including anonymous information and aggregate data.

We may use service providers to facilitate our services and perform functions on our behalf, such as sending postal mail and e-mail and providing technical, analytical and hosting functions for the Site. These companies and individuals may have access to your personally identifiable information we collect through the Site, as permitted by law and as needed to perform their functions, but may not use it for any other purpose. We require that these companies and individuals otherwise keep this information confidential.

If Silver Lake merges with or transfers substantially all of its assets to another entity, Silver Lake has the right to share your personally identifiable information with that entity, to the extent lawfully permissible. You will receive notice of such event, and we will request that the new entity follow the practices disclosed in this Privacy Policy or notify you of any changes to it.

We will not otherwise share your personally identifiable information, except as required by law, requested by governmental entity or law enforcement authority, subpoena, court order or discovery request, or when we otherwise believe in good faith that such disclosure is necessary or appropriate in connection with any activity that violates the law (including relating to intellectual property, fraud, contracts and privacy) or may expose us to liability. We can (and you authorize us to) disclose any of your information in such circumstances.

The security of your information is important to us. We employ several different technical, administrative and physical security measures to protect any personal information you provide through the Site from unauthorized access or use. You should be aware, however, that "perfect security" does not exist on the Internet, and there is always the risk that unauthorized persons may access or use your personal information. You use the Site and send us such information at your own risk.

If you have any questions as to this Privacy Policy, or wish to notify us of any errors or changes as to any personal information you provide us through the Site, you can write to us at Privacy Matters, Silver Lake, 2775 Sand Hill Road, Suite 100, Menlo Park, CA 94025.

Privacy Policy Changes

We may revise or supplement this Privacy Policy from time to time. If we make any substantial changes in the way we use or share your personal information, we will notify you by posting a prominent announcement on the Site.

International Use

Silver Lake makes no claims that the Site is appropriate or lawful for use or access outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. If you access the Site from outside the United States, you do so at your own risk. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and access to the Site. Furthermore, our databases are located in the United States. By sending us your data, you consent to its transfer to and storage within the United States.

Governing Law / Forum

This Privacy Policy is governed by California law. If we have a dispute regarding this policy or your use of the Site, you agree that it shall be resolved solely in the state or federal courts located in or near Menlo Park, California.

© 2013 Silver Lake Management, L.L.C. All Rights Reserved..

© Silver Lake | Legal