1. General Applicability.
2. Limited License and Ownership.
Kaseya hereby authorizes you to copy information published by Kaseya on the Websites (“Website Content”) solely for non-commercial use within your organization (or if you are a Kaseya channel partner, your customer’s organization) in support of Kaseya products and services (“Kaseya Products”). No other use of the information is authorized. You agree that any copy of Website Content which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any intellectual property right (including any patent, trademark or copyright) of Kaseya or any third party.
You acknowledge and agree that Kaseya owns all legal rights, title and interest in and to the Websites and Website Content, including any Kaseya trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (whether those rights happen to be registered or not, and wherever in the world those rights may exist) (“Kaseya Trademarks”). Any use of Kaseya Trademarks allowed by these TOU must also comply with the Kaseya Trademark Guidelines. All other brand and product names listed on the Websites are, or may be, the intellectual property of their respective owners, and are used to identify products or services of those owners.
WEBSITE CONTENT IS PROTECTED BY WORLDWIDE INTELLECTUAL PROPERTY LAWS AND TREATIES, INCLUDING COPYRIGHT AND TRADEMARK LAW. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO WEBSITE CONTENT MAY BE COPIED, REPRODUCED, MODIFIED, PUBLISHED, UPLOADED, POSTED, TRANSMITTED OR DISTRIBUTED IN ANY MANNER WITHOUT PRIOR WRITTEN PERMISSION FROM KASEYA. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF WEBSITE COUNTENT FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
3. Privacy And Protection Of Information.
For information regarding the collection and use of your information through Websites, please see Kaseya’s Privacy Statement.
4. Compliance With Applicable Laws.
User access to the Websites is governed by all applicable laws, rules and regulations (“Applicable Law”). Website Content is subject to export control laws. You agree to use the Websites and post, publish or disseminate information related to the Websites in strict compliance with Applicable Law. All Kaseya products and publications are commercial in nature. Use duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.
5. Disclaimers and Limitations.
Although Kaseya attempts to provide correct information on the Websites, Kaseya assumes no responsibility for the accuracy of Website Content. For example, Kaseya shall have no liability for Website Content that may be out of date, or that includes technical inaccuracies or typographical errors. Kaseya may modify or delete Website Content at any time without notice. Mention of non-Kaseya products or services on a Website is for information purposes only and does not constitute an endorsement or recommendation of such third party products or services.
Temporary interruptions in the availability of the Websites may occur from time to time. Kaseya is not responsible for any such interruptions, or for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of the Websites. The Websites are made available internationally and may contain references to products, programs and services of Kaseya and/or its suppliers that are not available in your location. Such references do not imply that Kaseya or its suppliers intend to make such products, programs or services available in your location.
ALL WEBSITE CONTENT IS PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. KASEYA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
KASEYA AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITES OR THE WEBSITE CONTENT EVEN IF KASEYA OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Upon Kaseya’s request, you agree to defend, indemnify and hold harmless Kaseya and its affiliates, suppliers and licensors, and all of their representatives, owners, shareholders, officers, directors, agents, and employees from and against all liabilities, claims, costs and expenses, including attorney fees, that arise out of or in relation to your accessing or use of the Websites.
6. Links to Third Party Sites.
The Websites may contain links to third party sites (“Linked Sites”). Access to Linked Sites is at the user’s own risk and Kaseya is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on the Linked Sites. Kaseya provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation to use such Linked Sites, or any products or services described on the Linked Sites.
7. Access to Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the Websites is restricted to customers who are authorized users, and is subject to the Kaseya Master Agreement. Unauthorized individuals are prohibited from accessing these areas of the Websites, and any attempt to do so may be subject to prosecution. You are responsible for the security of any account names, identification numbers or passwords associated with your access to and use of the Websites. Kaseya is not liable for any unauthorized use of any accounts established through the Websites, as further described in the Kaseya Master Agreement.
With the exception of purchase information required for the purchase of Kaseya Products (“Purchase Information”), Kaseya does not want to receive confidential or proprietary information through its Websites.
Except for Purchase Information, any information sent to Kaseya through its Websites (“Submissions”) will NOT be treated as confidential or proprietary. You grant Kaseya a perpetual, royalty free, paid up, unrestricted, irrevocable license to display, use, modify, perform, publish, create derivative works, sublicense, reproduce, transmit, and distribute Submissions for any and all commercial and non-commercial purposes including, but not limited to, developing, manufacturing, and marketing products that incorporate information in the Submissions.
You are prohibited from Submitting any libelous, obscene, defamatory, pornographic, or other materials that would violate Applicable Law. However, if such Submissions do occur, Kaseya will have no liability related to the content of any such Submission.
It is neither the policy nor a practice of Kaseya to review or monitor Submissions to its Websites (such as, for example, any bulletin boards, chat rooms, and user forums) to determine that such communications comply with this TOU, Applicable Laws or for any other purpose; however, Kaseya reserves the right to review Submissions and to remove Submissions from its Website in its discretion. Kaseya shall have no responsibility or liability for the content of any Submissions or their removal.
9. Copyright Policy.
You may not post, modify, distribute, or reproduce in any way copyrighted or other protected materials without obtaining the prior written consent of the copyright owner of such materials. We may terminate an account or deny access to a Website of any user who is alleged to have infringed the copyright or intellectual property rights of another.
Without limiting the foregoing, if you believe that intellectual property rights have been infringed by a Submission or other Website Content, please provide us written notice at [email protected] with the following information: (1) a description of the copyrighted work or other work that you claim has been infringed; (2) a description of where the allegedly infringed material is located on our Website, networks or other repositories; and (3) your name, address, telephone number, and email address. If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of your claim. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
10. Governing Law, Class Action Waiver and Miscellaneous.
Kaseya makes no representation that Website Content is appropriate or available for use in any particular territory; access to a Website from a territory where the Website Content is illegal is prohibited. If you choose to access a Website, you do so on their own initiative and are responsible for compliance with Applicable Law. This TOU governs your use of the Websites and is written in, and will be interpreted in, the English language. This TOU and all disputes, actions or proceedings relating to or arising out of your use any Website (collectively “Claims”), shall be governed, construed and enforced exclusively in accordance with the laws of the State of Delaware, USA, without reference to conflicts of law principles. Claims may be brought only in the state or federal courts located in Miami-Dade County, Florida, and must be filed within two (2) years after the Claim accrued. You shall not have the right to participate in a representative capacity, or as a member of any class of claimants pertaining to any Claim. Claims must be brought on an individual basis, and you hereby waive your right to, and agree not to, bring (or join) a Claim as a plaintiff or a class member in a class, consolidated, or representative arbitration, litigation or other proceeding. Each party hereby waives all respective rights to a trial by jury regarding any Claims. If any provision of this TOU is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to Kaseya’s intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. If these TOUs are violated, Kaseya reserves the right to seek all remedies available by law and in equity for such violations. If Kaseya commences litigation of a Claim, Kaseya shall be entitled to recover reasonable attorneys’ fees, costs and other expenses. Kaseya may revise this TOU at any time by updating this posting. You should visit this page from time to time to review the then-current TOU because they are binding on you.