Acceptance of Terms
Modifications of Terms
Morphisec reserves the right to modify these Terms from time to time. In any such event, Morphisec will let you know of such changes or modifications, and you shall be entitled to decide if you want to continue to use the Site and/or the Content under the revised terms. However, please note, that your continued use of the Site and/or the Content indicates your acceptance of any revised terms. If you do not agree to the revised terms, please refrain from using the Site and/or the Content. The last date these Terms were revised is set forth below.
Eligibility to Use the Site and/or the Content
By using the Site and/or the Content, you represent that (i) your use of the Site and/or the Content is solely for your internal, personal and non-commercial purposes, and in order to learn about Morphisec products and services, and (ii) your use of the Site and/or the Content does not (and will not) violate any applicable law or regulation and is (and will be) in strict compliance with these Terms. If Morphisec is informed or has reason to believe that you are not eligible or that you become ineligible to use the Site and/or the Content, your use may be terminated or suspended without notice, at Morphisec sole discretion.
Changes of the Site and/or the Content
Morphisec reserves the right to change the site and/or suspend, discontinue, delete, modify, or remove any Content or products and services offered via the Site, at any time without prior notice, at its sole discretion.
Limited Right to Use the Site and/or the Content
You are granted with a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to access and use the Site and the Content strictly in accordance with these Terms and any applicable law, and solely for internal, personal, non-commercial purposes.
Prohibited Use of the Site and/or the Content
By accessing and using the Site, you agree that you will not, and will not permit any third party, in any way, to:
– Use the Site and/or the Content in violation of these Terms and/or any applicable law or regulation;
– Use the Site and/or the Content for commercial use or otherwise in connection with any commercial activity;
– Copy, reproduce, modify, aggregate, create a derivative work from, reverse engineer or reverse assemble the Site and/or the Content, or otherwise attempt to discover any source code, or allow any third party to do so;
– Sell, rent, lease, loan, transfer, assign, sublicense, distribute, publish, transmit, upload, post, commercially exploit, grant a security interest in or otherwise dispose, or make available to a third party, in any way, the Site and/or the Content and any rights therein;
– Use or launch any automated system, including without limitation, any “robots”, “spiders”, or “offline readers”, that accesses the Site in a manner that sends more request messages to the Morphisec servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
– Use or launch any data mining or any similar data gathering and extraction tools, in connection with the Site and/or the Content (including by using software, scripts or automated agents and bots);
– Use the Site and/or the Content in any manner that damages, disables, overburdens, or impairs the Site, the Content or Morphisec systems or servers, and/or otherwise interferes with any other party’s use and enjoyment of the Site and/or the Content;
– Mirror or frame the Site and/or the Content or any part of it on any other website or web page.
– Attempt to gain unauthorized access to the Site and/or the Content;
– Access the Site and/or the Content by any means other than through the interface that is provided by Morphisec for use in accessing the Site;
– Use the Site and/or the Content for any purpose or in any manner that is unlawful or prohibited by these Terms.
Morphisec reserves the right to terminate or suspend your use of the Site, without prior notice and at its sole discretion, if it is informed or has reason to believe that you are not using the Site in strict compliance with these Terms, including without limitation with sections 5 and 6 above.
Registration on the Site
Content Available for Download to Registered Users
Among the functionalities made available on the Site to registered users as aforesaid, Morphisec may make available to its registered users certain Content for download. Such Content is made available to registered users solely for internal, personal, non-commercial purposes, and for use strictly in accordance with these Terms and any applicable law. Morphisec does not guarantee or warrant that Content available for download through the Site will be free of infection by viruses or other harmful code, components, files or programs.
Third Party Linked Websites, Information or Content
Morphisec owns all right, title and interest, including without limitation all patents, copyrights, trade secrets, trademarks, and other intellectual property and proprietary rights, in and to the Site and the Content (or any part thereof), including any improvements, updates, upgrades, corrections of errors or other modifications thereof, and any work products thereof. Except as specifically stated hereunder, you are granted with no right in the Site, the Content and/or the intellectual property associated or related thereto and nothing should be inferred as granting to you such rights.
The trademarks, logos and service marks displayed on the Services are Morphisec’s exclusive property or the property of other third parties. You are not permitted to use these trademarks, logos and service marks without prior written consent from exclusive or such other third party.
Disclaimers of Warranties and Liabilities
THE SITE AND THE CONTENT ARE PROVIDED BY MORPHISEC ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. MORPHISEC DOES NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION, BUGS OR ERROR FREE. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES IN CONNECTION WITH THE SITE AND/OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, AS WELL AS ANY WARRANTIES REGARDING SECURITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND/OR THE CONTENT, ARE ALL EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT DEROGATING FROM THE GENERALITY OF THE Preceding, MORPHISEC DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF ANY CONTENT (AS DEFINED ABOVE), INFORMATION OR MATERIAL DISPLAYED IN THE SITE OR LINKED TO THE SITE. MORPHISEC DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY CONTENT, INFORMATION OR MATERIAL IN OR THROUGH THE SITE.
NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MORPHISEC (OR ANYONE ON ITS BEHALF) IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY IF NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THESE TERMS.
Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, (I) IN NO EVENT SHALL MORPHISEC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER SIMILAR DAMAGES (EVEN IF MORPHISEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE AND/OR THE CONTENT AND/OR IN CONNECTION WITH THESE TERMS, WHETHER SUCH DAMAGES ARISE FROM THE USE, MISUSE, INABILITY TO USE, OR THE RELIANCE UPON THE SITE AND/OR THE CONTENT, AND WHETHER THEY ARISE FROM THE INTERRUPTION, DELAY, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE AND/OR THE CONTENT; AND (II) IN NO EVENT MORPHISEC’S AGGREGATE LIABILITY, IN CONNECTION WITH THE USE OF THE SITE AND/OR THE CONTENT AND/OR IN CONNECTION WITH THESE TERMS, SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO MORPHISEC DURING THE 12 MONTHS PERIOD PRECEDING THE CLAIM LEADING TO LIABILITY.
You agree to indemnify, defend and hold harmless Morphisec, its parent companies, subsidiaries, affiliated companies, officers, directors employees and agents from and against all liability, claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorney’s fees and costs of litigation), resulting from or arising out of your breach of these Terms and/or your use of the Site or the Content, or any violation by you of any rights of a third party.
In connection with the using the Site and/or the Content, you may provide Morphisec with information regarding your experience while using the using the Site and/or the Content. Any and all information that you voluntarily choose to provide Morphisec as feedback shall be used solely for the purpose of reviewing the feedback and improving the Site and/or the Content and/or Morphisec products and services. All ideas, inventions and/or improvements (whether patentable or not) conceived or derived or result, directly or indirectly, from any feedback (written or oral) that you provide to Morphisec, shall be owned exclusively by Morphisec, and you shall not have any right in connection therewith.
Morphisec shall be entitled, at its sole discretion, to assign these Terms or any rights hereunder to any third party, without giving prior notice. In any event of assignment as aforesaid, all the provisions of these Terms shall apply, mutatis mutandis.