1. Access. NetFortris has the right, but not the duty, to terminate or suspend Your access to the Website, without notice, for any conduct that NetFortris, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider or NetFortris. NetFortris makes no representation that the information contained in the Website is appropriate or available for use throughout the world. It is forbidden to access the Website from territories where the legislation provides that the content or use of the Website is illegal. You choose to use the Website, and it is Your responsibility to ensure that You conform to all applicable local laws.
2. Copyright. NetFortris, its suppliers or the original creator of the material own all copyrights to material on the Website and all other intellectual property rights related to the Website. To the extent that NetFortris has the right to do so without compensation to third parties, and except for material specifically provided under other terms, NetFortris grants You permission to copy materials on the Website solely for Your non-commercial use in support of NetFortris products. You agree that any copies of material shall retain all copyright and other proprietary notices in the same form and manner as the original. You may not, without NetFortris's permission, "mirror" any material contained on the Website or any other server. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, patent, copyright, mask work protection right or any other intellectual property right of NetFortris or any third party.
3. Trademarks. NetFortris and the NetFortris logo are trademarks or service marks, registered or not, of NetFortris. Nothing in the Website may be interpreted so as to grant to You, directly or indirectly, the use of a trademark or service mark reproduced on the Website, whether belonging to NetFortris or third party suppliers, without the written permission of NetFortris. All other trademarks are the property of their respective owners.
4. Communications and Information Provided to NetFortris.
4.2. Information provided by you via the Website, including written or oral communications or other electronic means, may be recorded for quality assurance, diagnostic and training purposes. By submitting information using the Website, you consent to such recordation and usage as described in Section 4.1, above.
5. Links. THE LINKS ON THE WEBSITE MAY LET YOU LEAVE NetFortris'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF NetFortris AND NetFortris IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NetFortris IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. NetFortris IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY NetFortris OF THE SITE.
6. Product Availability. The availability of the NetFortris products described on the Website, and the product descriptions, may vary from country to country. You should consult NetFortris or an authorized reseller of NetFortris’s products for availability of specific products in Your area.
7. Export of Information. The United States Export Controls laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded or otherwise exported in violation of United States law or any other local law from where You may be accessing the Website. You agree to comply with all United States and foreign Federal, State and local laws and regulations applicable to the use of the Website.
8. Limitation of Liability. NetFortris, ITS RELATED COMPANIES, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS MAY NOT, UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF (OR THE INABILITY TO USE) THE WEBSITE OR ANY MATERIAL ON THE WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE LOSS OF DATA OR LOSS OF PROFIT, EVEN IF NetFortris WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ALL OR PART OF THIS LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE FOR ANY REASON, THEN NetFortris'S MAXIMUM AGGREGATE LIABILITY UNDER SUCH CIRCUMSTANCES FOR LIABILITY THAT WOULD OTHERWISE HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
9. Assignment. The TOU may not be assigned or transferred by You without the prior written consent of NetFortris. NetFortris may assign the TOU to any affiliate or third party in part or in whole.
10.1. Any controversy or claim arising out of or in connection with the TOU, its enforcement or interpretation, will be finally resolved solely in accordance with the terms of this Section 10. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS AGREEMENT AND/OR THE USE OF THE WEBSITE.
10.2. Any claim, dispute or controversy (collectively a “Claim”) arising out of or relating to the TOU, including without limitation the formation, interpretation, breach or termination hereof, or any issue regarding whether a Claim is subject to arbitration hereunder, that cannot be settled by good faith negotiation between the parties within a reasonable period of time, will be conclusively determined by the Texas State Courts, Dallas County, Texas or, if original jurisdiction can be established, in the United States District Court for the Eastern District of Texas, Plano Division. In addition and notwithstanding the foregoing, NetFortris shall be entitled to take any necessary legal action, including without limitation seeking immediate injunctive relief from a court of competent jurisdiction, in order to protect NetFortris’s intellectual property and its confidential or proprietary information (including but not limited to trade secrets).
10.3. Actions on Claims between the parties with respect to the TOU must be brought in accordance with this Section 10 within two years after the cause of action arises.
10.4. Governing Law. The TOU are governed by Texas law, excluding choice of law principles and the United Nations Convention on Contracts for the International Sale of Goods. If any provision of the TOU is determined to be unenforceable or invalid, the TOU will not be rendered unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law. The failure to assert any rights under the TOU, including, but not limited to, the right to terminate in the event of breach or default, will not be deemed to constitute a waiver of the right to enforce each and every provision of the TOU in accordance with their terms.
11. Access to Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
12. Data Privacy.
12.1. You and NetFortris agree that they shall comply in all respects with all applicable data protection laws and regulations (or any legislation or regulations amending or replacing the same) (together, the "Data Protection Laws").
12.2. You shall in connection with these TOU (i) not do or permit anything to be done through an act or omission which might jeopardize or contravene NetFortris's liability under Data Protection Laws; and (ii) enter into such agreements as NetFortris shall reasonably require in relation to the cross border migration of personal data.
12.3. You shall indemnify and keep NetFortris fully indemnified against any and all liability, loss, damage, costs (including legal costs) and expenses which NetFortris, or any NetFortris affiliate may incur or suffer whether direct or consequential (including without limitation any economic loss or other loss of profits, business or goodwill) as a result of any breach of Section 12.2.
13. INTELLECTUAL PROPERTY
13.1. For the purpose of this section, the term “NetFortris Intellectual Property” shall include but is not limited to any and all tangible and intangible: (i) rights associated with works of authorship throughout the world, including but not limited to copyrights, neighboring rights, moral rights, and mask works, and all derivative works thereof, (ii) trademark and trade name rights and similar rights, (iii) trade secret rights, (iv) patents, designs, algorithms and other industrial property rights, (v) all other intellectual and industrial property rights (of every kind and nature throughout the world and however designated) whether arising by operation of law, contract, license, or otherwise, and (vi) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues thereof now or hereafter in force (including any rights in any of the foregoing), including software or programming delivered hereunder. Any software distributed by NetFortris which is licensed under the GNU General Public License (GPL) is specifically excluded from this definition.
13.2. All NetFortris Intellectual Property is solely for use as provided by NetFortris, and may not be used as a replication master or otherwise copied without the written consent of NetFortris. NetFortris Intellectual Property furnished by NetFortris are the proprietary property of NetFortris, and no right or interest is granted, except as described in the individual Terms of Service and License Agreement for customers.
14. NetFortris products and services. Any products and services and software within described on the website or that you download from the Website is governed by the applicable NetFortris Terms of Service and License Agreement posted at http://www.NetFortris.com/legal and is incorporated herein by reference. NetFortris in its sole discretion may from time to time post a successor version of the applicable NetFortris Terms of Service and License Agreement, which will then automatically replace the previously applicable NetFortris Terms of Service and License Agreement with respect to licenses granted as from the date of posting.
15.1. WHILE NetFortris ATTEMPTS TO PROVIDE ACCURATE INFORMATION ON THE WEBSITE, IT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. NetFortris MAY CHANGE THE INFORMATION ON THE WEBSITE, OR THE PRODUCTS MENTIONED, AT ANY TIME WITHOUT NOTICE. MATERIAL ON THE WEBSITE AND THE WEBSITE ITSELF IS PROVIDED "AS IS" AND NetFortris DOES NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NetFortris SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE OR ANY CONTENT OR MATERIAL ON THE WEBSITE.
15.2. NetFortris MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
15.3. ANY MATERIAL OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR SOFTWARE.
15.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NetFortris OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.