LANCOPE WEBSITE TERMS OF SERVICE
EFFECTIVE DATE: October 14, 2013
ATTENTION – THIS IS A LEGAL AGREEMENT BETWEEN YOU ("you" or “your”) AND LANCOPE, INC. (INCLUDING ITS AFFILIATES) ("Lancope"). IT IS IMPORTANT THAT YOU READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS LANCOPE WEBSITE TERMS OF SERVICE AGREEMENT (these “Terms” or this "TOS") AS THEY GOVERN YOUR ACCESS TO AND USE OF THE WWW.LANCOPE.COM WEBSITE AND ALL OTHER LANCOPE WEBSITES, AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH LANCOPE WEBSITES OR USED IN CONNECTION THEREWITH (collectively, the "Lancope Website"). LANCOPE IS WILLING TO LICENSE AND ALLOW THE USE OF THIS LANCOPE WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE LANCOPE WEBSITE AND ARE INSTRUCTED TO CEASE ALL ACCESS TO AND USE OF THE LANCOPE WEBSITE IMMEDIATELY.
Terms and Conditions
1. LICENSE. Subject to your continued compliance with these Terms, Lancope grants you a personal, revocable, limited (as set forth in these Terms), non-exclusive, royalty-free, non-transferable license to use for personal purposes the Lancope Website and any programs, services, tools, materials, or information made available through or from the Lancope Website. You may access and use the Lancope Website (a) on a single computer and (b) from the Internet or through an on-line network. You may also load information from the Lancope Website into your computer's temporary memory (RAM) and print and download materials and information from the Lancope Website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
2. RESTRICTIONS AND CONDITIONS OF USE. The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Lancope through the Lancope Website in any manner not expressly permitted by this TOS. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in the Lancope Website, nor otherwise use the Lancope Website in any manner not expressly permitted by this TOS. You may not (a) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Lancope Website or in any way reproduce or circumvent the navigational structure or presentation of the Lancope Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Lancope Website, (b) attempt to gain unauthorized access to any portion or feature of the Lancope Website, including, without limitation, the accounts of Lancope Website visitors or users (“Users”), or any other systems or networks connected to the Lancope Website or to any Lancope server or to any of the services offered on or through the Lancope Website, by hacking, password "mining," or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Lancope Website or any network connected to the Lancope Website, nor breach the security or authentication measures on the Lancope Website or any network connected to the Lancope Website, (d) reverse look-up, trace, or seek to trace any information on any other User, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Lancope Website or Lancope's systems or networks or any systems or networks connected to the Lancope Website, (f) use any device, software, or routine to interfere with the proper working of the Lancope Website or any transaction conducted on the Lancope Website, or with any other person's use of the Lancope Website, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Lancope on or through the Lancope Website, (h) use the Lancope Website to harvest or collect e-mail addresses or other contact information; (i) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Lancope Website (or any part thereof) without the express, separate, and prior written consent of Lancope, or (j) use the Lancope Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Lancope or its reputation. This TOS is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the Lancope Website (or access thereto) without complying with such laws, orders, restrictions, or regulations.
3. PROPRIETARY RIGHTS OF LANCOPE. You have only a limited license to access and use the Lancope Website under this TOS, and you expressly acknowledge and agree that Lancope transfers no ownership or intellectual property interest or title in and to the Lancope Website or any other Lancope property to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Lancope Website, unless otherwise indicated, are owned, controlled, and licensed by Lancope and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Lancope does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Lancope Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Lancope enforces its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of Lancope's trademarks. This Lancope Website is Copyright © 2013 Lancope, Inc. and/or its licensors. All rights reserved. StealthWatch®, Lancope®, the Lancope logo, and all other names, logos, and icons identifying Lancope and its programs, products, and services are proprietary trademarks of Lancope, and any use of such marks, including, without limitation, as domain names, without the express written permission of Lancope is strictly prohibited. Other service and entity names appearing on the Lancope Website may be the protected marks of their respective owners.
4. PRIVACY STATEMENT. Access or use of the Lancope Website may involve the collection, use, analysis, and/or dissemination of various information about you and your use of the Lancope Website. You understand, acknowledge, and agree that your access or use of the Lancope Website constitute consent to Lancope's collection and use of information regarding you and your use of the Lancope Website, including without limitation, personal identifying information, in accordance with the terms of the Lancope Privacy Statement, which is available on the Lancope Website or upon request to Lancope. The Lancope Privacy Statement applies solely to Lancope’s use of User information, and Lancope disclaims all liability in connection with any use by third-parties of any information that you upload to parts of the Lancope Website that can be viewed by other Users.
5. THIRD-PARTY SITES, PRODUCTS, AND SERVICES. The Lancope Website may display or link to advertisements, materials, programs, products, and services of third parties. These sites have not necessarily been reviewed by Lancope and are maintained by third parties over which Lancope exercises no control. Lancope does not make any representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of any third-party materials, programs, products, or services displayed on, or accessible by, the Lancope Website. You agree that Lancope shall not be responsible for any loss or damage of any sort incurred as a result of any dealings you may have with third parties in connection with the Lancope Website.
6. POSTING OF USER CONTENT. Certain features of the Lancope Website may allow Users to upload information or content to the Lancope Website (a "Posting"). By each Posting you make you represent and warrant that you have all necessary consents, rights, permissions, and clearances (and you agree to provide Lancope with reasonable proof thereof, if requested) required to make such Posting and for Lancope to acquire and use such content or information. Lancope shall not be responsible for any consequences caused by your failure to timely or accurately obtain such rights. By making a Posting, you hereby and automatically grant to Lancope a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license, including the right to sublicense (through multiple tiers), to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any content or information in such Posting in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You acknowledge and agree that Postings are non-confidential for all purposes and that Lancope has no control over the extent to which any idea or information may be used by any party or person once it has been provided by you or displayed on the Lancope Website.
7. FORUM USE. The Lancope Website may contain blogs, message boards, comment areas, questionnaires, chat rooms, or other interactive features (each such facility, a “Forum”) by Users can make certain Postings for display to other Users. You acknowledge that Lancope is not a publisher of any Forum Posting, and is merely functioning as an intermediary to enable Users to provide and display Postings. Lancope is not responsible for screening, policing, editing, or monitoring your or another User’s Postings and encourages all Users of the Lancope Websites to use reasonable discretion and caution in evaluating or reviewing any Posting. Lancope does not endorse, oppose, or edit any opinion or information provided by you or other Users, and Lancope does not make any representation or warranty with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other User. Notwithstanding the foregoing, Lancope reserves the right to delete or take other action with respect to Postings (or portions thereof) that Lancope believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to Lancope or its products, services, and goodwill.
You are prohibited from posting, displaying, or transmitting any of the following content on any Forum:
a. anything that interferes with or disrupts the Lancope Website or the operation thereof,
b. statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
c. unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
d. statements or material that violates other contractual or fiduciary rights, duties, or agreements,
e. statements or material that is bigoted, hateful, or racially offensive,
f. statements or material that constitutes or encourages criminal conduct, would give rise to civil liability, or that otherwise violates any law or regulation in any jurisdiction,
g. statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
h. statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
i. statements or material that harms minors,
j. statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Lancope,
k. statements or material that misrepresents your affiliation with any entity and/or Lancope,
l. anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual,
m. chain letters or pyramid schemes,
n. statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
o. statements or material that are “off-topic” for a designated Forum, and
p. files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Lancope Website.
Please also follow the following guidelines. Please use ‘netiquette.’ Please do not post any content or information of a personal nature, such as video or audio of friends and family. Please be succinct and stay on topic within a particular Forum. Please remember to respect others and their opinions. Lancope encourages open and sincere communication, but urges all Users to remember that Forums are intended to be a resource for all. You agree to report to Lancope any Forum activity of which you become aware that is reasonably considered to be a violation of the Forum rules.
8. FEEDBACK. By submitting to the Lancope Website any suggestions, comments, requests, or other information ("Feedback") related to Lancope products, services, or the Lancope Website: (a) you agree that Lancope is not subject to any confidentiality restrictions in the Feedback; (b) you represent and warrant that such Feedback is not confidential or proprietary information of you or any third party, that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights), and that you have all rights necessary to convey to Lancope and enable Lancope to use such Feedback as described herein; (c) you hereby assign and agree to assign to Lancope, without additional approval or compensation of any kind, all worldwide rights, title and interests in all copyright and other intellectual property rights in the Feedback; (d) to the extent that the foregoing assignment is found to be ineffective under applicable law, you hereby grant to Lancope a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Lancope to adopt, publish, reproduce, commercialize, license (including the right to redistribute or sublicense through multiple tiers), disseminate, transmit, distribute, copy, use, combine, create derivative works, and display (in whole or in part) worldwide, reduce to practice, use, improve upon any ideas or inventions described therein, or otherwise act on, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Feedback, and you hereby waive any claim to the contrary.
9. FEATURES; ADDITIONAL TERMS AND CONDITIONS. THE ACCESS TO OR USE, PURCHASE, OR RECEIPT OF CERTAIN ACCOUNTS, MEMBERSHIP, PRODUCTS, SERVICES, PROGRAMS, CONFERENCES, TRAINING, SEMINARS, MATERIALS, AND/OR TO OTHER SPECIFIC PORTIONS OR FEATURES OF THE LANCOPE WEBSITE (COLLECTIVELY, “Features”), MAY BE SUBJECT TO ADDITIONAL NOTICES, TERMS, AND CONDITIONS, ALL OF WHICH ARE MADE A PART OF THIS TOS BY THIS REFERENCE. As a condition to accessing or using such Features, You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a Feature, the terms of the Feature shall control with respect to your use of that portion of the Lancope Website.
10. USER ACCOUNTS. Users may be required to register for an account before accessing certain portions of the Lancope Website, such as the StealthWatch User Community. Users may request such accounts, which Lancope may approve or reject in its sole discretion. Certain accounts and access may be restricted to representatives of Lancope customers, business partners, or other groups of Users. Such accounts and access are subject to modification or termination should the User’s membership in such a group change. Each User is limited to one account, which must be identified by a unique User name and authenticated by an account password. You must maintain the confidentiality of your User name and password, and you may not use another User's User name and password. You must immediately notify Lancope should you become aware of any loss or theft of your password or any unauthorized use of your account or User name and password, and you alone are responsible for any loss or liability arising from theft, loss, or your failure to maintain the confidentiality of your account credentials. Lancope reserves the right to delete or change (with notice) a User name or password at any time and for any reason.
11. DISCLAIMER. THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE LANCOPE WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. LANCOPE IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU OR YOUR ACCOUNT THAT ARE AVAILABLE FROM OR THROUGH THE LANCOPE WEBSITE. MOREOVER, LANCOPE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE LANCOPE WEBSITE OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE LANCOPE WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ALONE ASSUME THE FULL RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON OR THROUGH THE LANCOPE WEBSITE. LANCOPE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON OR THROUGH THE LANCOPE WEBSITE FOR ANY PURPOSE. LANCOPE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. LANCOPE ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE LANCOPE WEBSITE OR ANY WEBSITE LINKED THERETO WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM OR THROUGH THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
12. LIMITATION OF LIABILITY. IN NO EVENT SHALL LANCOPE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS OR USE OF THE LANCOPE WEBSITE, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE LANCOPE WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE LANCOPE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LANCOPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF LANCOPE FOR ANY REASON WHATSOEVER RELATED TO ACCESS OR USE OF THE LANCOPE WEBSITE SHALL NOT EXCEED ONE-HUNDRED DOLLARS ($100.00 USD).
13. INDEMNITY. You agree to defend, indemnify, and hold harmless Lancope and all of its respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by you of this TOS.
14. NOTICE OF SECURITY BREACH. You must promptly notify Lancope of any breach or potential breach of security with respect to any confidential or other personally identifiable information provided or made available to you by Lancope, any you shall assist Lancope as reasonably necessary to enforce Lancope's rights and to enable Lancope to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
15. DMCA NOTICE. Pursuant to the Digital Millennium Copyright Act (“DMCA”), Lancope maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below:
Mailing address: Lancope, Inc.
3650 Brookside Parkway
Alpharetta, Georgia 30022
Attn. Lancope Designated Agent
E-mail Address: email@example.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (a) description of the copyrighted work that is the subject of claimed infringement; (b) description of the infringing material and information sufficient to permit us to locate the alleged material; (c) contact information for you, including your address, telephone number and/or e-mail address; (d) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (e) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (f) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
16. UNAUTHORIZED ACCESS OR USE. Actual or attempted unauthorized use of the Lancope Website may result in criminal and/or civil prosecution, including, without limitation, liability under the United States Computer Fraud and Abuse Act. Lancope reserves the right to take any appropriate actions in accordance with the Digital Millennium Copyright Act (DMCA), the USA PATRIOT Act, the United States copyright laws, or other applicable laws. Lancope reserves the right to view, monitor, and record activity on the Lancope Website without notice to or permission from you, including, without limitation, by archiving notices or communications sent by you through the Lancope Website. Lancope reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Lancope Website, or any portion of the Lancope Website, in order to protect the Lancope Website, Lancope, or other of Lancope's interests.
17. EFFECTIVITY AND REVISIONS. This TOS and your right to use the Lancope Website is effective at the moment you install, access, or use the Lancope Website. Lancope may amend this TOS from time to time by posting a revised TOS on the Lancope Website. Your continued access or use of the Lancope Website following any such revision constitutes your agreement to be bound by the revised TOS. Lancope reserves the right to terminate this TOS at any time and for any reason.
18. MISCELLANEOUS. This TOS shall be construed and enforced solely in accordance with the laws of the United States of America and the State of Georgia, U.S.A., as applied to agreements entered into and completely performed in the State of Georgia. You submit to the exclusive jurisdiction of the state or federal courts seated in the State of Georgia for any disputes in connection with this TOS. You acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to Lancope for which monetary damages would be inadequate, and therefore agree that Lancope shall be entitled, in addition to other available remedies, to seek equitable relief from a court of competent jurisdiction. The Uniform Computer Information Transactions Act, or any state implementation thereof, shall not apply to this TOS and is hereby disclaimed. You access the Lancope Website on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Lancope Website. If any provision (or part thereof) contained in this TOS is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable law or regulation, such determination shall not affect the remaining provisions (or portions thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. This TOS, together with any applicable additional terms and conditions as described in Section 10 (Features; Additional Terms and Conditions), represents the entire agreement between you and Lancope with respect to the subject matter of this TOS, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Lancope with respect to such subject matter. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Lancope if you wish to receive a printed copy of this TOS.