These terms of use (“Terms of Use”) impose conditions on your access to the Site, and any use you make of it, so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with AppGuard or its subsidiaries or affiliates for other products or services.
SPECIAL NOTE REGARDING NETWORKED APPGUARD SITES
In an effort to make on-line information about AppGuard and business transactions with AppGuard efficient, AppGuard uses AppGuard.us as an entry into some networked web pages and websites operated by AppGuard and its affiliates (together, the “AppGuard Sites”). Please note that individual AppGuard Sites may adopt terms of use particular to the purpose of the AppGuard Site or the transactions taking place on the AppGuard Site. For example, some of the AppGuard Sites affiliated with commercial transactions that you or your business may have with AppGuard, particularly those which are password-protected or subject to subscriptions, may have differing terms, or separate agreements which supplement or supersede these terms. If an AppGuard Site has imposed its own terms of use by posting on the AppGuard Site, separate agreement or otherwise, the provisions of those AppGuard Terms of Use shall control in the event of a conflict or ambiguity with these general terms of use for AppGuard.us. Except as supplemented or superseded as described herein, these general terms of use for AppGuard.us apply to the entire network of AppGuard Sites, and control your use thereof.
AppGuard reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time in its sole discretion. Any change or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of changes or modifications will constitute your acceptance of such changes or modifications. You should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW, OR INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
Incorporated Policies or Terms
Privacy Policy. AppGuard believes strongly in protecting individual user privacy and providing you notice of its use of data, including personally identifying information, collected from the Site. AppGuard has adopted a Privacy Policy that you should review in order to fully understand how AppGuard collects and uses information.
Terms of Sale
Transactions with AppGuard Sites offering products or services for purchase may be subject to Terms of Sale as a condition to completion of the transaction. The Terms of Sale may be posted on the AppGuard Site or set forth in a separate agreement. Your transactions will be governed by such Terms of Sale and you should review them carefully.
Site License and Access
AppGuard grants you a limited license to make personal use of the Site pursuant to the Terms of Use. Such grant does not include: (a) any resale or commercial use of the Site, information or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its information or contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not granted any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of AppGuard or any third party.
You may not use, frame or use framing techniques to enclose any AppGuard trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without AppGuard’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a AppGuard name, trademark, or product name without AppGuard’s express written consent. Any unauthorized use of this Site will terminate the permission or license granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
Copyright
All copyrighted and copyrightable materials on this Site, including, but not limited to, the design, text, graphics, pictures, sound files, software, and other files (“Materials”), and the selection and arrangement thereof are copyrighted, ALL RIGHTS RESERVED, by AppGuard and/or third-party licensors. Except as permitted herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of AppGuard or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only. You may not: (a) copy, publish, or post any Materials on any computer network or broadcast or publications media; (b) modify the Materials; or (c) remove or alter any copyright or other proprietary notices contained in the Materials, without the permission of AppGuard or the respective copyright owner.
Trademarks and Service Marks
AppGuard logos and product markings, and the products and services described in this Site (except those belonging to AppGuard suppliers or licensors), are among the trademarks, service marks or registered trademarks owned by AppGuard, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AppGuard. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress owned by AppGuard, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AppGuard. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners, and may not be copied, imitated or used, in whole or in part without the prior written permission of their owners.
Third-Party Content
This Site may include discussion forums and interactive areas, including bulletin board services. Any forums and interactive areas of the Site shall be used only for non-commercial purposes. By using the forums or interactive areas, you agree not to do any of the following: Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and Without AppGuard’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam. AppGuard takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, AppGuard is only a forum and is not liable for any statements, representations, or content provided by its users.
Enforcement
AppGuard has the right, but not the obligation, to monitor any activity and Content associated with its forums and interactive areas. AppGuard may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content or forwarding the results of the investigation to appropriate law enforcement personnel. AppGuard reserves the right and has absolute discretion to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect the AppGuard systems and customers, or to ensure the integrity and operation of the AppGuard business and systems, AppGuard may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site. You agree to indemnify and hold AppGuard harmless from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Terms of Use, or your violation of any rights of a third party.
Links to the Site
You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray AppGuard or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use an AppGuard logo or other proprietary graphic or trademark of AppGuard to link to this Site without the express written permission of AppGuard. This limited right may be revoked at any time.
Third Party Links
AppGuard makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party sites accessible by hyperlink from this Site, or third party sites linking to this Site. The third party linked sites are not under the control of AppGuard and AppGuard is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any review, changes or updates to such sites. AppGuard is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by AppGuard of the site or any information contained therein. When leaving the AppGuard Site, you should be aware that the AppGuard terms and policies do not govern the use of any linked site.
General Submissions
Do not use this Site as a means of submitting information you consider to be proprietary. Confidential and proprietary information should be submitted only in connection with those AppGuard Sites specifically allowing and providing for its receipt and protection and only where subject to a specific agreement by AppGuard to protect the confidentiality of the information. Except as otherwise expressly provided in the terms of use for your transactions with a AppGuard Site or in a written agreement with AppGuard applicable to your particular use of a AppGuard Site, any submission of materials by you will be considered a contribution to AppGuard for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to AppGuard, or postings on this Site, are non-confidential (subject to the AppGuard Privacy Policy) and shall become the sole property of AppGuard. AppGuard shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to AppGuard, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.
Export Restrictions
Any software and all underlying information and technology downloaded from this Site or any linked sites (collectively the “Software”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (“EAR”, 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
Financial Material Disclosure
Press Releases. The information contained within press releases issued by AppGuard should not be deemed accurate or current except as of the date the release was posted. AppGuard has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Third-Party Financial Information
AppGuard may provide links to third party websites or services that contain financial or investment information about AppGuard. Access to such websites and the information contained therein is provided as service to those interested in the information. AppGuard neither regularly monitors nor has control over the content of third parties’ statements or websites. Accordingly, AppGuard does not endorse or adopt these websites or any information contained therein, including, without limitation, analyst’s reports and stock quotes. AppGuard makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third party websites or other third party information that is identified on the Site. Users visit these websites and use the information contained therein at their own risk.
Disclaimers
“AS IS” BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WARRANTY DISCLAIMER. APPGUARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. APPGUARD DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. APPGUARD IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE APPGUARD ATTEMPTS TO ASSURE THAT YOUR ACCESS AND USE OF THE SITE IS SAFE, APPGUARD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
AppGuard reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by AppGuard.
Limitation of Liability
IN NO EVENT SHALL APPGUARD BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF APPGUARD (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE APPGUARD SITE EXCEED $5.00 OR THE AMOUNT YOU PAID APPGUARD, WHICHEVER IS LESS.
Certain jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
Applicable Law and Venue These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, applicable to agreements made and entirely to be performed within the State of Delaware, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Delaware, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Termination
Notwithstanding any of these terms and conditions, AppGuard reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.
Severability
If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
AppGuard Privacy Policy
The AppGuard Privacy Policy can be found here and is hereby incorporated as part of these Terms.
AppGuard LLC Trademarks
AppGuard®, TrustPhone™, and Trust But Verify™ are all registered trademarks or trademarks of AppGuard, LLC. Other trademarks and brands used on this website are the property of their respective owners.
Third Party Legal Notices
The open source license terms for the following Third Party software products may apply to AppGuard software products or storefronts:
AES: https://github.com/BrianGladman/AES
bzip 2: http://bzip.org/docs.html
Chromium: http://code.google.com/chromium/terms.html
LTools: www.gnu.org/licenses/gpl-2.0.html
Virtual Box: www.gnu.org/licenses/gpl-2.0.html
VMware View Open Client: http://www.gnu.org/licenses/lgpl.html http://code.google.com/p/vmware-view-open-client/
FastSpring Storefront: https://fastspring.com/terms-use/