Effective as of: April 3, 2017
Use of Web Site Information
You may download, view, copy and print documents and graphics incorporated in these documents (the “Documents”) from the Site, subject to the following: (a) the Documents may be used solely for informational purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from the Site, in whole or in part, without the express authorization of Pluribus Networks.
Restrictions on Use of Software
Any use of software and accompanying documentation you download from the Site is subject to the terms of a separate software license agreement between you and Pluribus Networks. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.
Passwords and Security
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network.
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s), whether or not you are aware of those activities. You agree to notify Pluribus Networks immediately of any unauthorized use of your account(s) or password(s).
Third Party Web Sites, Content, Products and Services
The Site may provide links to external Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site (collectively, “External Sites”). You agree that Pluribus Networks is not responsible for the availability of, or content provided on, any External Sites, nor does Pluribus Networks endorse any advertising, products, or other materials made available from any External Sites. You should refer to the policies posted by the External Sites regarding privacy and other topics before you use them. You agree that Pluribus Networks is not responsible for any third party content we may make accessible to you through the Site – including, without limitation, opinions, advice, statements and advertisements – and you understand that you bear all risks associated with the use of such third party content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Pluribus Networks is not responsible for: (a) the quality of any third party products or services; and (b) fulfilling any of the terms of your agreement with the third party, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Pluribus Networks is not responsible for any loss or damage of any sort you may incur from: (x) dealing with any third party, (y) the availability or unavailability of any External Sites, or (z) any reliance you place on the completeness, accuracy, or existence of any advertising, products, or other materials on, or made available from, any External Sites.
Errors, Corrections and Changes
We do not represent or warrant that the Site or the Documents will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site or any Documents will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site or the Documents at any time, without notice to you. We reserve the right in our sole discretion to edit or delete any Documents, information or other content appearing on the Site, without notice to you.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, DOCUMENTS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PLURIBUS NETWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PLURIBUS NETWORKS MAKES NO WARRANTY THAT: (A) THE SITE OR ANY DOCUMENTS WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY DOCUMENTS, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. PLURIBUS NETWORKS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
PLURIBUS NETWORKS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
Limitation of Liability
IN NO EVENT SHALL PLURIBUS NETWORKS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Pluribus Networks, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site.
Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Pluribus Networks in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
Governing Law and Venue
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of California, without regard to that State’s conflict of laws rules. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Santa Clara County, California. You and Pluribus Networks agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
All contents of this Site are Copyright © 2014-2017 Pluribus Networks, Inc., Pluribus Networks®, nvOS®, iTOR®, NetVisor®,vRender®, vManage® and PluribusCare® are trademarks of Pluribus Networks, Inc.