Legal

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
BEFORE USING THE LUMENSION SECURITY™, INC. WEBSITE.

Website Usage & Limitation of Liability

WEBSITE TERMS OF USE- www.lumension.com and linked sites

INTENDED AUDIENCE/USE

This Site and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on this Site (collectively "Content"), is intended for the lawful use of Lumension Security’s customers, employees and members of the general public who are over the age of 13. Lumension Security operates and controls this Site from its offices within the United States of America. Lumension Security makes no representation that the Content is appropriate or available for use in other locations, and access to the Site from territories where the Content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Some Content from this Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (1) into, or to a national or resident of, any country to which the U.S. has placed an embargo; (2) to anyone on the U.S. Treasury Department's Specially Designated Nationals list; or (3) the U.S. Commerce Department's Table of Denial Orders. Lumension Security is not and cannot be liable for any third party use of its Content from this Site, in violation of any applicable law.

You acknowledge that Lumension Security reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.

GOVERNING LAWS / EXCLUSIVE JURISDICTION

Any claim relating to use of this Site and/or its Content, unless otherwise expressly stated by Lumension Security (e.g. Lumension Security’s Terms and Conditions of Sale), shall be governed by the laws of the State of Arizona without regard to any conflicts of laws provisions. The federal and state courts of the state of Arizona shall have exclusive jurisdiction to adjudicate any dispute arising out of use of this, or in any way relating to this Site and its Content Site (unless otherwise expressly stated by Lumension Security (e.g. in Microchip’s Terms and Conditions of Sale)). By using this Site, you expressly consent to (i) the personal jurisdiction and venue of the courts of Arizona and (ii) service of process being effected upon you by registered mail or electronic communication if we do not have a postal address for you.

ACCEPTANCE OF TERMS

Lumension Security, Inc., a Delaware, U.S.A. company (“Lumension”) welcomes you to its web-site ("Site") and hopes that you find it informative and useful. You acknowledge you have read, and agree to be bound by these Terms of Use as well as our Privacy Policy, posted on this Site. Lumension Security reserves the right to make changes to our website, Privacy Policy and their Terms of Use at any time. To the extent that any term is deemed invalid or unenforceable by a court of law with jurisdiction over the matter, that term shall be severable and not affect the validity of remaining terms. You agree to comply with all applicable laws and regulations, including without limitation, limitation of liability, jurisdiction, and U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO OUR TERMS OF USE AND PRIVACY POLICY, DO NOT USE THE SITE.

You are using this Site and any Software or Services obtained from this Site at your own risk unless a separate written agreement with Lumension Security provides otherwise.

ELECTRONIC COMMUNICATIONS

Visiting our Site or sending us an e-mail is an electronic communication. You consent to receive electronic communications from us through e-mail and website postings. You agree that such electronic communications satisfy any legal requirement that agreements, notices, disclosures, or other communications be in writing.

COPYRIGHT & TRADEMARK & OWNERSHIP OF INFORMATION

The Content of the Site and translated versions are copyrighted © 2000-2007, Lumension Security, Inc. USA. All rights reserved .In addition, the Content is the property of Lumension Security, its partners or other third parties. No licenses are conveyed under any intellectual property rights, unless expressly stated by Lumension Security. Your use of this Site is restricted to personal use, and the information contained on this Site, including images hereon, is copyrighted (by Lumension Security or others as stated) and may not be distributed, modified, reproduced in whole or in part, without the prior written permission of Lumension Security, except as listed below:

Content: Any person is authorized to print out or store Content on a single computer for personal use with Lumension Security products or to make copies of Content on this web page for personal use with Lumension Security. products, provided that the Content contains Lumension Security’s copyright notice, and that they are not otherwise prohibited from using the Content found on this Site by any law or regulation of the United States or other territories where such use is prohibited. This license does not include permission to sell Content; collection or use of product listings or descriptions; derivative use of this Site or its Contents; or use of data mining, robots or similar data gathering and extraction tools. You may not frame or use framing techniques to enclose any Trademark or other proprietary information images, text, layout) of Lumension Security without our express written consent. You may not use meta tags or hidden text including our company name or Trademarks without our express written consent. Any unauthorized use terminates the license granted hereunder. A limited, revocable, nonexclusive right to create a hyperlink to any page or our Site is given so long as you do not show Lumension Security or our products in a derogatory, offensive, misleading or false manner which shall be determined solely by Lumension Security. You may not use our trademarks as part of the link without our express written permission.

Trademarks and Logos: Lumension Security and the Lumension Security logo™, Sanctuary®, SecureWave Sanctuary®, Sanctuary® Device Control, Sanctuary® Application Control, SecureWave®, STAT™, Security Threat Avoidance Technology™, STAT Guardian™, STAT Neutralizer™, PatchLink™, The Patch Management Experts™, WebConsole®. PatchLink Update™, PatchLink ReportConsole™, PatchLink BorderConsole™, PatchLink Gravitix™, PatchLink Alert™, PatchLink HelpDesk™, PatchLink DS Doctor™, PatchLink Monitor™, PatchLink Security Configuration Management™, PatchLink Developers Kit™, PatchLink Enterprise Reporting™, PatchLink Security Management Console™, PatchLink Scan™, PatchLink NAC Integrator™ and all other Lumension Security product names and product logos are trademarks of Lumension Security. The absence of a Trademark from this list does not constitute a waiver of trademark or other intellectual property rights concerning that trademark. Fair use of Lumension Security’s Trademarks to refer to Lumension Security’s products and services requires obvious acknowledgement of Lumension Security’s ownership of the Trademarks in the document or publication. Any other use of a Trademark publicly may only be undertaken with advance written permission from Lumension Security. Nothing on this Site should be construed as granting any license or right to use any Trademark without the written permission of Lumension Security.

SOFTWARE

Use of software from the Site is subject to the license terms set forth at the install of each program. If no license terms are posted upon installation, then the terms set forth above governing use of Content shall apply.

PATENTS

The products sold by Lumension Security are covered by intellectual property rights, including patents. Lumension Security defends its intellectual property rights.

DISCLAIMER

THIS SITE, ITS CONTENTS AND INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. LUMENSION SECUIRTY DOES NOT WARRANT THAT THIS SITE, ITS CONTENTS AND INFORMATION WILL BE PROVIDED AT ANY TIME COMPLETE, UNINTERRUPTED, SECURE OR ERROR FREE OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LUMENSION SECURITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE, AND LUMENSION SECURITY SHALL NOT BE DEEMED TO BE A PARTY, DIRECTLY OR INDIRECTLY, TO ANY SUCH TRANSACTION. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT PATCHLINK AND ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Lumension Security may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

PRIVACY RIGHTS/ PRIVACY OF INFORMATION

Please see our Privacy Policy at www.lumension.com/privacyPolicy.jsp

LINKS TO OTHER WEBSITES

Lumension Security makes no representation whatsoever regarding the content of any other websites that you may access from the Site. When you access a non-Lumension Security website, please understand that it is independent from Lumension Security and that Lumension Security has no control over the content of that website. A link to a non-Lumension Security website does not mean that Lumension Security endorses or accepts any responsibility for the content or use of such website.

LIMITATION OF LIABLITY

IN NO EVENT WILL LUMENSION SECURITY BE LIABLE TO ANY PARTY FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER CONSEQUENTIAL OR INDIRECT DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER TRANSMISSIONS

You are prohibited from posting or transmitting to or from this Site any unlawful, proprietary, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, any other material that would violate any law or constitute infringement of intellectual property rights, or contain software viruses. You may not use a false e-mail address, impersonate another or mislead us as to your identity or the origin of any transmission.