Terms and Conditions

Copyright © 2006-2014. Bit9, Inc. 266 Second Ave, Waltham, MA 02451. All rights reserved.

Acceptance of the Terms of Use

Welcome to the website of Bit9, Inc. (“Bit9”, “Company“, “we” or “us“). The following terms, together with any documents expressly incorporated herein by reference (the “Terms “), govern your access to, and use of, the Bit9.com website (located at https://www.bit9.com; the “Site“), including any content, functionality and services offered on or through Bit9.com, whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Site. By accessing, using, or registering for this Site, you accept, agree to abide and be bound by these Terms of Use and our Privacy Policy, found at https://www.bit9.com/license-agreements/privacy-policy/, and incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all eligibility requirements. If you do not meet all of these requirements, you must not access or use the 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 these Terms.

In the event that you purchase or license any Bit9 products or services (our “Commercial Offerings”), your use of, and our respective rights and obligations with respect to, the Commercial Offerings will be governed by the terms of the applicable license or services agreement that will be executed between you and Bit9.

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) you retain all copyright and other proprietary notices contained in the original Materials or any copies of the Materials; and (2) your use of the Materials is subject to the Limitation of Use restrictions set forth below.

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 have not been independently authenticated, tested, or verified in whole or in part by Bit9. All Materials provided on the Site, including any material from third parties, is provided “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 of Materials

Unless otherwise specified in the Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from, transfer, or sell any information, obtained from 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.

Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for:

  • making all arrangements necessary for you to have access to the Site; and
  • ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other 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 or any other piece of information provided as part of our security procedures. 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. You agree that use of Your Data is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

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.

Upon 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.

Bit9 Privacy Policy

Please see the Privacy Policy for the Site that provides disclosures relating to our collection and use of Your Data https://www.bit9.com/license-agreements/privacy-policy/. By using the Site, you are consenting to the collection and use of Your Data by Bit9 as described in, and consenting to, our Privacy Policy.

Links To Other Web Sites

Links to third-party web sites on this Site are provided solely as a convenience to you. This includes links contained in advertisements, including banner advertisements and sponsored links. 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 contentandaccept no responsibility for them or for any loss or damage that may arise from your use of them. 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 and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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 ON 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.ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Geographic Restrictions

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. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Indemnity

You agree to defend, indemnify and hold harmless Bit9 and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives (and their respective successors and assigns) from and against any claim liabilities, damages, judgments, awards, losses, costs, expenses, fees or demand, including reasonable attorneys’ fees, made by any third party due to, arising out of or related to your use of or connection to the Site (including any use by you on behalf of your employer), any use of the Site’s content, services and products other than as expressly authorized in these Terms, your violation of the Terms, your violation of any rights of another ,or Your Data or other information provided to the Site.

Governing Law and Jurisdiction

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.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Bit9, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

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, available upon request. 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, including 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.

Children Under the Age of 13

This Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at contact@bit9.com.

Changes to the Terms of Use

Bit9 may revise and update these Terms at any time in our sole discretion without notice by updating this posting. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. 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.

Last modified: July 1, 2014

Bit9 + Carbon Black