Lumension Terms of Use

Overview

The following are terms of a legal agreement between you and Lumension Security Inc. By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Web site.

 

Lumension may, without notice to you, at any time revise these Terms of Use and any other information contained in this Web site by updating this posting. Lumension may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

 

General

This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed. This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Lumension’s prior written consent, except that Lumension grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this Web site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

 

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Lumension does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media.

 

Certain disclaimers

Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Lumension assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.

 

Lumension provides no assurances that any reported problems will be resolved by Lumension, even if Lumension elects to provide information with the goal of addressing a problem.

 

Confidential information

Lumension does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Lumension will be deemed NOT to be confidential. By sending Lumension any information or material, you grant Lumension an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Lumension is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Lumension for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled “Privacy” for information regarding Lumension privacy policies.

 

Content Submitted to Lumension

This Web site may allow users to submit content and materials. You shall be solely responsible for the content and materials submitted by you and the consequences of distributing or publishing such information. In connection with submitted content, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all content and materials to enable inclusion and use of the content and materials in the manner contemplated by this Web site and these Terms of Use. You further agree, represent and warrant that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including trademark rights, and privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to distribute and display the material and to grant Lumension all of the license rights granted herein.

 

Member Account, Password, and Security

If any of the Services offered on this Web site requires you to open an account, you must complete the registration process by providing Lumension with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Lumension immediately of any unauthorized use of your account or any other breach of security. Lumension will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Lumension or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

 

Global availability

Information Lumension publishes on the World Wide Web may contain references or cross references to Lumension products, programs and services that are not announced or available in your country. Such references do not imply that Lumension intends to announce or make available such products, programs, or services in your country.

 

Business relationships

This Web site may provide links or references to non-Lumension Web sites and resources. Lumension makes no representations, warranties, or other commitments whatsoever about any non-Lumension Web sites or third-party resources that may be referenced, accessible from, or linked to any Lumension site. A link to a non-Lumension Web site does not mean that Lumension endorses the content or use of such Web site or its owner. In addition, Lumension is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a Lumension site. Accordingly, you acknowledge and agree that Lumension is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

 

When you access a non-Lumension Web site, even one that may contain the Lumension-logo, please understand that it is independent from Lumension, and that Lumension does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

 

Linking to this site

All links to this Web site must be approved in writing by Lumension, except that Lumension consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Lumension; (c) imply that Lumension approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about Lumension or otherwise damage the goodwill associated with the Lumension name or trademarks. As a further condition to being permitted to link to this site, you agree that Lumension may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any Lumension trademark.

 

Translations

Certain text in this Web site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and Lumension makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.

 

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. LUMENSION EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, LUMENSION MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

 

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

IN NO EVENT WILL LUMENSION BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IFLUMENSION IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

 

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Web site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.

 

ABILITY TO ACCEPT TERMS OF USE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are age 13 or older, as this Web site is not intended for children under 13. If you are under 13 years of age, then please do not use this Web site.

 

MISCELLANEOUS

These Terms of Use shall be governed by the laws of the State of Arizona without consideration of its conflict of laws principles. Any claim or dispute between you and Lumension that arises in whole or in part from this Web site shall be decided exclusively by a court of competent jurisdiction in Arizona. These Terms and Conditions of Use, together with any other legal notices published by us on this Web site, shall constitute the entire agreement between you and Lumension concerning this Web site. If any provision of these Terms and Conditions of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.