Terms of Use

By using the website of Dasera, Inc. (“ we ” or “ us ”), you agree to these Terms of Use and our Privacy Policy.  If you do not agree to these Terms of Use and our Privacy Policy, do not use our website.  Our website is owned by Dasera, Inc. and its licensors.

Through our website, you may have access to a variety of resources made available by us.  These may from time to time include (a) software and software as a service offerings (“ Products ”); (b) interfaces, web pages, text, images, graphics, audio, sounds, music and video such as webcasts, and documents such as white papers and product data sheets (“ Materials ”); and (c) forums, discussion groups, bulletin boards, blogs and other services in connection with which you can access Content (as defined below) (“ Website Information ” and with the Products and Materials, the “ Content ”).

We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms of Use at any time.  It is your responsibility to check these Terms of Use periodically for changes. Your continued use of our website following the posting of changes will mean that you accept and agree to the changes.  These Terms of Use may only be waived by a written document signed by us.

Your Use

As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable privilege to enter and use our website.  Any future release, update, or other addition to features or functionalities of our website shall be subject to these Terms of Use. You may use information on Products (such as product user guides, product data sheets and similar materials) purposely made available by Dasera for downloading from our website, provided that you shall not remove any proprietary notice in such documents, shall not copy or post such information on any networked computer or broadcast it in any media, and shall not make any modifications to any such information.

Your use of the Products is subject to all license agreements pursuant to which the Products are provided by Dasera.  Dasera’s obligations with regard to the Products are governed solely by the license agreements, and nothing on our website should be construed to alter such license agreements.

The privilege to enter and use our website is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit our website, whether in whole or in part, or any Content displayed on our website; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of our website; (c) you shall not access our website in order to build a similar or competitive website, product, or service; (d) except as expressly provided in these Terms of Use, no part of our website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise; (e) you shall not use any robot, spider, scraper or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of our website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of our website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through our website; (f) you shall not attempt to gain unauthorized access to any portion of our website, or any other systems or networks connected to our website, or to any of the Products offered on or through our website, by hacking, password mining or any other illegitimate means; (g) you shall not probe, scan or test the vulnerability of our website or any network connected to our website, nor breach the security or authentication measures on our website or any network connected to our website; (h) you shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to our website, or any other customer of Dasera to its source, or exploit our website or any service or information made available or offered by or through our website, in any way where the purpose is to reveal any information, including personal information, other than your own information, as provided for by our website; (i) you shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our website or Dasera’s systems or networks, or any systems or networks connected to our website or to Dasera; and (j) you shall not use any device, software or routine to interfere or attempt to interfere with the proper working of our website or any transaction being conducted on our website, or with any other person’s use of our website.

You agree not to use our website or the Content for any purpose that is unlawful or prohibited by these Terms of Use.

Your Content

You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“ share ”) on or through our website your content that you have the right and authority to share and for which you have the right and authority to grant to us all of the licenses and rights set forth herein. By sharing your content, you grant us a worldwide, perpetual, royalty-free, fully paid up, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute your content for any purpose and in any form, medium, or technology now known or later developed. You warrant that (a) you have the right and authority to grant this license; (b) our exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in your content have been waived to the full extent allowed by law.

You agree that you will neither use our website in a manner, nor share any content, that (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (g) you do not have the right and authority to share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, trojan horses, or other components designed to limit or harm the functionality of a computer. We may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.

We do not want to receive confidential information from you through or in connection with our website. Notwithstanding anything that you may state in connection with sharing your content, it shall not be considered confidential information and shall be received and treated by us on a non-confidential and unrestricted basis and we shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you share, other than as specified in our Privacy Policy.

Each of our website users is solely responsible for any and all of its own content.  Because we do not control content of the users of our website, you agree that we are not responsible for any content of our website users, whether provided by you or by others.  We make no guarantees regarding the accuracy, currency, suitability or quality of any content of our website users. Your interactions with other website users are solely between you and such users.  You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any of our website users, we are under no obligation to become involved in such dispute or to resolve such dispute.

Password and Access

If our website requires you to open an account, you agree to complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of our website are restricted to authorized users only. You agree not to share your password, account information, or access to our website with any other person. You are responsible for maintaining the confidentiality of your password and account information, and you are responsible for all activities that occur through the use of your password or account or as a result of your access to our website.  You agree to notify Dasera immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Dasera or any other user of or visitor to our website due to someone else using your Dasera password or account as a result of your failure to keep your password and other account information secure and confidential.

Privacy

Our Privacy Policy applies to your use of our website, and its terms are made a part of these Terms of Use by this reference.  In addition, by using our website, you acknowledge and agree that Internet transmissions are never completely private or secure.  You understand that any message or information you send to our website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Monitoring

We have no obligation to monitor our website or screen its content provided by you or others.  However, we reserve the right to review our website and its content and to monitor all activity on our website, and to remove or choose not to make available any content in our sole discretion without notice.

Modification of Use

We may, in our sole discretion, at any time modify, suspend or discontinue providing or limit access to, or use of, our website, any areas of our website or the Content.  You agree that we shall not be liable to you or any third party for any modification, suspension, discontinuance or limitation of your access to, or use of, our website or any of the Content, including content that you may have shared.

Third Party Websites, Content, Products and Services

Our website may contain links to third party websites, and may provide access to content, products and services of third parties not affiliated with us.  We are not responsible for third party content provided on or through our website or for any changes or updates to such third party websites, and you bear all risks associated with access to, and use of, such websites and third party content, products and services.

Ownership

Excluding any of your content that you may provide, you agree that all of the intellectual property and other proprietary rights in and to our website and the Content, including the design, structure, selection, coordination, expression, “look and feel” and arrangement of the Content, are owned by us and our licensors, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.  Neither these Terms of Use (nor your access to our website) transfers to you or any third party any right, title or interest in or to such intellectual property or other proprietary rights, except for the limited privilege to use our website as expressly set forth above. There are no implied licenses granted under these Terms of Use. All right, title and interest not expressly granted with respect to our website and the Content are reserved by us.

Disclaimers. OUR WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND WE, ON BEHALF OF OURSELVES, OUR AFFILIATES AND OUR LICENSORS, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE AND THE CONTENT. WE MAKE NO WARRANTY THAT (A) OUR WEBSITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS; (B) OUR WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE OR ANY OF THE CONTENT WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY OF THE CONTENT WILL MEET YOUR EXPECTATIONS.  ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF OUR WEBSITE IS USED AT YOUR OWN DISCRETION AND RISK AS WE CANNOT ENSURE THAT ANY DATA YOU DOWNLOAD FROM OUR WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES. WE, ON BEHALF OF OURSELVES, OUR AFFILIATES AND OUR LICENSORS, SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER NETWORK OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT. DASERA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF OUR WEBSITE AND/OR ANY DASERA PRODUCTS AND SERVICES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR WEBSITE. YOUR SOLE REMEDY AGAINST DASERA FOR DISSATISFACTION WITH OUR WEBSITE OR ANY CONTENT IS TO STOP USING OUR WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. You acknowledge and agree that we do not have any obligation to provide you with any support or maintenance in connection with our website.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND (INCLUDING FOR DATA LOSS OR BUSINESS INTERRUPTION), ARISING OUT OF OR RELATING TO YOUR ACCESS TO, OR USE OF, OUR WEBSITE OR ANY OF THE CONTENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  If, notwithstanding the other provisions of these Terms of Use, Dasera is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of our website or any Content, Dasera’s maximum liability shall in no event exceed US$100. THIS LIABILITY LIMITATION FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL SURVIVE AND APPLY EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED ITS PURPOSE.

Compliance with Laws

You agree to access, download, use and export our website and the Content in compliance with all applicable laws, including laws governing technology use and transfer (e.g., U.S. Export Administration Regulations), not to use or transfer any technology or data in violation of such laws, not to allow access or use by persons or entities restricted by the United States or any other government, and not to permit our website and the Content to be used in any way that violates any applicable law.

Copyright Policy

We respect the intellectual property rights of others and expect the users of our website to do the same. We will respond to notices of claimed copyright infringement that comply with applicable law and are properly provided to us.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) identification of the copyrighted work claimed to have been infringed, (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, (c) information reasonably sufficient to permit us to locate the material, (d) your contact information, including your full name, mailing address, telephone number and, if available, email address, (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, (f) a statement that the information in the notice is accurate, (g) a statement under penalty of perjury that you are authorized to act on behalf of the copyright owner and (h) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

We reserve the right to remove or disable access to content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances and at our sole discretion, we will also disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. Our designated copyright agent for notice of alleged copyright infringement is:

Dasera, Inc.

350 Oakmead Parkway, Ste 200, Sunnyvale CA 94085

info@dasera.com

Term; Violation of These Terms of Use; Termination

These Terms of Use will remain in full force and effect while you use our website.  We may suspend or terminate your privilege to use our website (including your account) at any time for any reason at our sole discretion, including for any use of our website in violation of these Terms of Use.

Dasera reserves the right at all times to disclose any information that Dasera deems necessary to comply with any applicable law, regulation, legal process or governmental request.  Dasera may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of our website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Dasera’s rights or property, or the rights or property of visitors to or users of our website, including Dasera’s customers.  You acknowledge and agree that Dasera may preserve any transmittal or communication by you with Dasera through our website, and may also disclose such data if required to do so by law or Dasera determines that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, or protect the rights, property or personal safety of Dasera, its personnel, users of or visitors to our website, and the public.

You also agree that any violation by you of these Terms of Use will cause irreparable harm to Dasera, for which monetary damages would be inadequate, and you consent to Dasera obtaining any injunctive or equitable relief that Dasera deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Dasera may have at law or in equity.

Upon termination of these Terms of Use, your account and your access and use our website will terminate immediately.  You understand that any termination of your account may involve deletion of your content associated with your account from our databases.  We will not have any liability whatsoever to you or to any third party for any termination of these Terms of Use, including for termination of your account or deletion of your content.  All terms and conditions of these Terms of Use that by their nature are intended to survive any termination of these Terms of Use shall so survive.

Governing Law; Dispute Resolution

These Terms of Use shall be governed by the laws of California, United States, without regard to its conflict of law principles.  In the event of a dispute regarding these Terms of Use, upon written demand of a party, the dispute shall be resolved exclusively by final and binding arbitration.  Arbitration will be conducted exclusively in San Francisco, California, United States by the Judicial Arbitration and Mediation Service pursuant to the Comprehensive Arbitration Rules and Procedures of JAMS then in effect before a single neutral arbitrator with substantial experience in resolving commercial contract disputes.  Each party shall bear its own expenses, and the two parties will share equally the fees of the arbitrator. Judgment upon the award so rendered may be entered in any court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding anything in these Terms of Use to the contrary, we shall have the right to seek injunctive or other equitable relief in any court of competent jurisdiction, without first submitting such matter to arbitration. If any action is pursued to enforce these Terms of Use, the prevailing party shall be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which such party may be entitled.  EACH PARTY HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING REGARDING THESE TERMS OF USE.  ALL DISPUTES REGARDING THESE TERMS OF USE MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  Any claim under these Terms of Use must be brought within one year after the claim or cause of action arises, or such claim or cause of action shall be barred.

Our Policy Toward Children

Persons who are not of the age of majority are not eligible to use our website, and we ask that no information in relation to such persons be submitted to us.

Entire Agreement

These Terms of Use constitute the entire agreement between you and us regarding the use of our website.  Our failure to exercise or enforce any provision of these Terms of Use shall not operate as a waiver of such provision.  If any provision of these Terms of Use is declared or found to be unenforceable, then such provision will be stricken or modified to the extent necessary to make it enforceable while preserving the parties’ original intent to the maximum extent possible.  The remaining provisions of these Terms of Use will remain in full force and effect. These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract or transfer in violation of the foregoing will be null and void.  We may freely assign, subcontract or transfer these Terms of Use. The terms and conditions set forth in these Terms of Use shall be binding upon permitted assignees and successors.

Electronic Communications

The communications between you and us use electronic means, whether you use our website or send us emails, or whether we post notices on our website or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

Feedback and Information

Any suggestions, ideas, reports or other feedback you provide at our website shall be deemed to be non-confidential. We shall be free to use such feedback on an unrestricted basis without any obligation to you.

Contact

Please contact us at info@dasera.com or at 350 Oakmead Pkwy Suite 200, Sunnyvale, CA 94085 if you have any comments or questions about these Terms of Use.

The information contained in this web site is subject to change without notice. Copyright © 2020 Dasera, Inc. All rights reserved.

Last Updated:  February 21, 2020

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