IMPORTANT INFORMATION – PLEASE READ CAREFULLY
The herein contained Terms of Service ("TOS") shall be considered a legally binding agreement between You (as an individual or an entity, who then shall, within the constraints of this agreement, be referred to as "You" or "Your") and Fortra for the use of the Fortra’s public websites, including without limitation Fortra.com (“Website”),
BY WAY OF ACCESSING OR USING THE WEBSITE, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE HEREIN CONTAINED TERMS OF THIS TOS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS TOS, YOU MUST NOT ACCESS OR USE THE WEBSITE.
COPYRIGHT
The aforementioned Website is protected by copyright and other intellectual property laws and treaties, and as such all rights, title, and interest in and to the content offered, including but not limited to, any photographs, images, video animation, text, and music, that may be incorporated as part of the offered content. Such offered content is protected by copyright laws and international treaty provisions. Therefore, offered content must be treated as any other copyrighted material. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
RESTRICTIONS ON USE
As a user, You may not:
You may not share, distribute, lend, lease, sublicense or otherwise make available, in any manner whatsoever, to any third party the offered content;
Modify, adapt, create derivative works from or translate any part of the offered content other than what may be used within Your work in accordance with these terms;
Use the Website or its content in any way that violates any applicable federal, state, local, or international law or regulation, or promotes or assists in any unlawful act;
Attempt to alter or remove any trademark, copyright or other proprietary notice contained within the offered content; or
Make use of any offered content in any manner not stipulated within this TOS or the documentation accompanying the offered content.
Any use of the Website not expressly permitted by this TOS is a breach of these Terms and may violate copyright, trademark, or other laws.
UPDATES
Fortra, in its sole discretion, may find the need from time to time to make changes to the contained terms and conditions of this TOS. By your continued use of the Website, you are therefore agreeing to be subject to all applicable terms and conditions of this TOS and/or any other agreement.
DISCLAIMER OF WARRANTY
With regard and with relationship to the maximum extent permitted by applicable law, Fortra, and, if applicable, related suppliers, shall provide the Website, and hereunto disclaim all warranties and conditions, either express, implied or statutory, which may include, but are not limited to, any implied warranties or conditions of merchantability, of suitability for a specified purpose, that it contains absolute accuracy or completeness of responses, of results, and of any lack of negligence or lack of workmanlike effort, all with respect to the Website, The Website is provided on as “as-is” and “as available” basis. FURTHERMORE, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, PERFORMANCE, SERVICE LEVELS, QUIET POSSESSION, OR NON-INFRINGEMENT WITH REGARDS TO THE HEREIN CONTAINED WEBSITE. THE ENTIRE RISK AS TO THE QUALITY OF AND/OR PERFORMANCE OF THE WEBSITE, IF ANY, REST WITH YOU. FORTRA IS NOT RESPONSIBLE FOR INTERRUPTION, NON-AVAILABILTY OR ACCURACY OR ERRORS IN ANY DATA ON THE WEBSITE.
LIMITATION OF LIABILITY AND REMEDIES
FORTRA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, MULTIPLE, OR CONSEQUENTIAL DAMAGES FOR ANY REASON UNDER THIS TOS, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE.
IN NO EVENT WILL FORTA BE LIABILE TO YOU IN THE TOTAL AGGREGATE FOR MORE THAN ONE HUNDRED ($100) US DOLLARS.
PRIVACY POLICY
You hereby agree that any information collected by Fortra about You will be treated in accordance with Fortra’s Privacy Policy located at https://www.Fortra.com/privacy-policy.
EXPORT CONTROLS
You acknowledge that the Website and any products or services you procure through this Website, are subject to export control laws in the United States, the United Kingdom and elsewhere. You shall comply with all applicable export laws, obtain all applicable export licenses, and will not export or re-export any part of the Website or any products or services to any country in violation of such restrictions. You acknowledge that the Website or any products or services procured may also be subject to export controls applicable to cybersecurity items under the U.S. Export Administration Regulations (“EAR”). You represent and warrant that that you are not named on any U.S. government list of entities or persons prohibited from receiving exports. Without limiting the generality of the foregoing, You shall not permit any third party to access or use the Website or any products or services procured in, or export to, a country subject to a United States embargo or in violation of a United States sanction.
MISCELLANEOUS
This TOS, in its entirety, shall be legally binding upon and inure to the benefit of Fortra and You, our respective successors and permitted assigns. Should any of these provisions be deemed invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision contained herein. If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall not be deemed as a future waiver of said terms or a waiver of any other provision of this TOS. Any waiver, supplementation, modification or amendment to any provision of this TOS, shall only be effective when done so in writing and signed off by Fortra and you. This TOS shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to conflict of laws principles. Any action or proceeding seeking to enforce any provisions of, or based on any right or claim arising out of these Terms will be brought against the parties in Hennepin County Circuit Court of the State of Minnesota or, subject to applicable jurisdictional requirements in the United States District Court of the District of Minnesota, and the parties consent to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to such venue.