Terms & Conditions
Copyright © 2006. Bit9, Inc. 266 Second Ave, Waltham, MA 0245. All rights reserved.
Acceptance of Terms
The services and/or materials Bit9 provides to you in connection with this web site ("Site") are subject to the following Terms of Use ("Terms"). By accessing, using, or registering for this Site, you agree to follow and be bound by these Terms. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, DO NOT USE THIS SITE.
Description of Services
Bit9 may provide you with access to a variety of resources, materials, and downloads, including business, educational, and technical news and information (collectively, "Services"). The Services, including any updates and enhancements, are subject to the Terms.
Materials Available Pursuant to the Site
Subject to the Terms, Bit9 authorizes you to view and use the information and materials obtained from this Site directly or sent by Bit9 via email or post pursuant to a request by you via the Site (collectively, "Materials"), provided that: (1) retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials; and (2) your use of the Materials is subject to the Limitation of Use restrictions set forth above.
The origins of such materials may be internal or external to Bit9. While third-party Materials are believed to be reliable, such third-party Materials has not been independently authenticated, tested, or verified in whole or in part by Bit9. All Materials provided on Bit9 websites, including any material from third parties, is "as is," and Bit9 makes no express or implied claims, representations or warranties as to its accuracy, validity, or veracity. Bit9 shall not be liable, in any way, for your use of these Materials, any results that may occur from such use, or any consequences from decisions made in reliance on these Materials.
Limitation on Use
Unless otherwise specified in the Terms and/or the Bit9 License Agreement, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from, transfer, or sell any information, products or services obtained from the Services or Materials. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any materials in your possession obtained from the Site (including Materials requested pursuant to the Site and sent by Bit9 via email or post).
Confidentiality
You may obtain direct access via the Site to certain confidential information of Bit9 and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing, and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with Bit9 and its suppliers.
Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Bit9's written request, you must cease use of Confidential Information and return or destroy it. The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) You possessed prior to your receipt from Bit9, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Bit9 adequate to afford Bit9 the opportunity to object to the disclosure.
Policy on Privacy
Please see the Privacy Policy disclosures relating to the collection and use of your information. By using the Site, you are consenting to the processing of your data by Bit9 and consenting to our Privacy Policy.
User Information
When using this Site, you agree to be responsible for providing accurate and complete information about yourself during registration ("Your Data"), and updating Your Data to keep it current. You are entirely responsible for maintaining the confidentiality of your username and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. At our sole discretion, we may terminate the accounts or access rights of users who may have provided inaccurate or incomplete information during registration.
Links To Other Web Sites
Links to third-party web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. We have not reviewed these third-party sites and do not control and are not responsible for any of these sites or their content. We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL BIT9, ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE LICENSORS (IF ANY), OR ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNATIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE SOFTWARE, MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS , SOFTWARE OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This site is controlled and operated by Bit9 from its offices in the United States of America. Bit9 makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited.
Indemnity
You agree to indemnify and hold Bit9 and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Submission, Your use of or connection to the Site (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.
Jurisdiction and Venue
These Terms are to be governed and construed by the substantive law of the Commonwealth of Massachusetts. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this Site, litigation must be brought in state or federal court in the Commonwealth of Massachusetts.
Waiver
The failure of Bit9 to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notwithstanding the foregoing, any Software downloaded from this site is governed separately by the Bit9 License Agreement.
Trademarks
"Bit9 Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans, and other designations Bit9 uses in connection with its products and services. You agree to comply with the Bit9 Trademark and Logo Usage Requirements. You may not remove or alter any Bit9 Trademarks, or co-brand your own products or material with Bit9 Trademarks, without Bit9's prior written consent. You acknowledge Bit9's rights in Bit9 Trademarks and agree that any use of Bit9 Trademarks by You shall inure to Bit9's sole benefit. You agree not to incorporate any Bit9 Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
The names of actual companies and products mentioned on the Site or in the Materials may be the trademarks of their respective owners.
General
Bit9 may update these terms at any time without notice by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. If you have comments or questions about our privacy policy, please contact us contact@bit9.com We will address any issue to the best of our ability.
