Last Updated May 10, 2013
By viewing, downloading, or otherwise using any of the materials published on or made available for download from this web site, you agree to the terms of this Legal Notice ("Legal Notice") and to the Attachmate Privacy & Cookies Statement which is incorporated herein by this reference. If you do not agree, you should not view, download or use these materials. Attachmate reserves the right to modify the terms of this Legal Notice at any time without notice. Any rights not expressly granted herein are reserved by Attachmate. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
SOFTWARE DOWNLOAD
Any software and accompanying documentation that is made available to download from this site ("Software") is the copyrighted work of Attachmate and/or its suppliers. Attachmate hereby authorizes you to download Software subject to the following conditions:
- You are not authorized to copy, distribute, install or use the downloaded Software in any way until you have read and accepted the software license agreement (SLA) that accompanies the Software.
- If the Software is a patch, service pack, module, adapter, or other update applicable to prior software you have licensed from Attachmate (“Prior Software”) and is not accompanied by its own SLA, then you may only use it with the Prior Software, subject to the SLA that accompanied the Prior Software.
- You are not authorized to download the Software if such download would violate U.S. Government Export regulations as discussed below.
- Any Software download on behalf of any agency or department of the United States Government is subject to "Commercial Computer Software - Restricted Rights" terms, as discussed below.
All other terms and conditions contained in this Legal Notice also apply, to the extent that they do not conflict with the applicable SLA. Legal notices specific to Attachmate software products are incorporated into the applicable SLA.
GENERAL USE OF MATERIALS ON THIS WEB SITE
Materials other than Software: Attachmate hereby authorizes you to view, download, print, copy, distribute, and use the materials published by Attachmate on this web site, provided that:
- Materials are used solely for informational, personal or non-commercial use within your organization and are not copied or posted on any network computer or broadcast in any media without the written permission of Attachmate.
- No modifications are made to materials without the prior written permission of Attachmate.
- Images from this site, including Attachmate logos, are not reproduced or posted to your website without the prior written permission of Attachmate.
- A copyright notice, the following text as an example, appears on all materials: "Copyright ©2011 Attachmate Corporation. All Rights Reserved".
- The existing copyright, trademark, and other proprietary notices are not removed from the materials.
- This permission does not include the right to use the design or layout of the Attachmate.com web site or any other Attachmate owned, operated, licensed or controlled site. Elements of those web sites are protected by copyright, trade dress and other laws, and they may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Attachmate web site may be copied or retransmitted unless expressly permitted by Attachmate.
Copyright. All content, data, ideas, comments, feedback, suggestions, expression of ideas or other materials on this web site including software, code and accompanying documentation (in total, "Materials") are protected by copyright. Ownership is retained by the copyright holder. Except as specified above, nothing is to be construed as conferring any license or right under any patent, trademark or copyright of Attachmate or any third party. Use of Software from this site is subject to the software license provided with the product. You may not copy the Software onto any publicly available bulletin board or network or broadcast the Software in any media.
Penalties. Any reproduction, redistribution or use of the Materials on this web site not in accordance with the permissions described above is prohibited by law and may result in severe civil and criminal penalties.
Applicable law and international considerations. Attachmate owns and operates this site from its corporate headquarters in Seattle, Washington, and these terms will be interpreted under the laws of the State of Washington, excluding its conflict of law rules. All information on this site is subject to export control laws, and may also be subject to the laws of the country where you reside. If you access this site from outside the United States, you are responsible for compliance with applicable local laws. This site may refer to products, programs or services that are not available in your country. For information regarding Attachmate products, programs and services that may be available to you, contact your local Attachmate business representative. Venue. The parties agree that all legal proceedings in connection with the enforcement, construction, interpretation, breach or violation of this agreement shall be submitted to the exclusive jurisdiction of the state or federal courts in King County, Washington and that jurisdiction and venue are proper in such courts.
Export. All information on this web site is subject to U.S. export control laws. You agree that you will not export or re-export the Materials, any part thereof, or any process or service that is the direct product of the Materials, (i) to any prohibited country, person, entity, or end-user as specified by U.S. export controls or (ii) for use in the design, development or production of nuclear, chemical, or biological weapons, or missile technology, or any other prohibited use. You warrant and represent that neither the Bureau of Export Administration of the U.S. Commerce Department nor any other U.S. Government entity or agency has suspended, revoked or denied, in whole or in part, your export privileges. For current information on U.S. export requirements and restrictions visit www.bis.doc.gov/.
U.S. government restricted rights. All Attachmate Software provided to any agency or department of the United States Government is provided with restricted rights. By accepting delivery of or installing or using the Software, the U.S. Government or its prime contractor or subcontractor (at any tier) agrees that notwithstanding anything to the contrary, and to the maximum extent possible under federal law: (a) the acquisition of such Software is governed by FAR Part 12 or DFAR 227.7202-4, as applicable and to the extent such provisions are consistent with the SLA; (b) such Software qualifies as “commercial computer software” under the applicable procurement regulations; (c) any modifications provided by Attachmate in connection with such Software are either minor derivative modifications or are of a type generally available in the commercial marketplace; and (d) the U.S. Government will be bound by the commercial terms and conditions and restricted rights contained in the SLA, and no other license terms shall be incorporated into the SLA except by mutual written consent.
Links to other sites. Attachmate makes no representations whatsoever about the quality, nature or reliability of any other web sites you may access through this web site; Attachmate provides this access merely for your convenience. A link to a non-Attachmate site does not mean that Attachmate accepts any responsibility for or endorses the content of that web site.
RSS feeds. Attachmate provides RSS feeds as a free service to any individual for personal, non-commercial use only. The service in general, and any and all feeds, are provided subject to the general terms of use viewable through the Privacy & Legal link on this page. Attachmate reserves the right to discontinue this service at any time and further reserves the right to request the immediate cessation of any specific use of its RSS service. By accessing Attachmate's RSS feeds you are indicating your understanding and agreement with these terms and conditions.
Blogs, Bulletin Boards and Forums
Attachmate does not monitor, pre-screen, verify or edit the contents of its blogs, bulletin boards, forums or similar areas (collectively, “Forums”) and is not responsible for any messages posted therein. Also, Attachmate does not vouch for or warrant the accuracy, completeness or usefulness of the content of any Forum. Each message expresses the view of its author, and not necessarily the views of any entity associated with Attachmate. Any user who finds a posted message to be objectionable is encouraged to contact Attachmate as directed below. Attachmate reserves the right, but does not undertake the obligation, to delete, modify or otherwise restrict access to or restrict the availability of content which Attachmate, in its sole discretion, considers to violate these terms or which is otherwise inappropriate, harmful, objectionable, or inaccurate
In the event you post, upload or otherwise provide Materials to, in or through a Forum, you grant to Attachmate and, its affiliated entities, employees, directors, officers, licensees and assigns and each of their respective designees (“Attachmate Entities”) a perpetual, worldwide, irrevocable, non-exclusive, unlimited, fully-paid up and royalty-free license under all intellectual property rights now or hereafter existing to use reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, modify, license and further sublicense the Materials, and all rights therein, in the name of Attachmate Entities or their designees throughout the universe in perpetuity in any and all media now or hereafter known.
The license shall also permit Attachmate Entities to use portions of the Materials you submit, rerecord or modify any audio tracks or visual images you provide, rewrite any Materials you submit, and/or incorporate other materials, either created by Attachmate Entities or third parties, with the Materials you submit. Any such works shall be deemed Materials owned by Attachmate and shall not be subject to your approval or payment by Attachmate of any compensation to you. You agree that the Materials you submit: (a) are original with you and accurate, and (b) do not violate and will not violate the rights of any third party or any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right. By making a submission of Materials, you acknowledge and agree that Attachmate Entities may create on their own or obtain many submissions that may be similar or identical to the Materials you submit through a Forum or other channels and means. You hereby waive any and all claims you may have had, may have, and/or may have in the future, that the Materials submitted to a Forum or otherwise accepted, reviewed and/or used by Attachmate Entities may be similar to your Materials or constitute and infringement or misappropriation of your intellectual property rights.
Rules of Conduct for Forums
By participating in a Forum, including the posting of Materials and sending of private messages, you agree that you will not upload, post, or otherwise transmit any Materials (including, without limitation, text, links, communications, software, images, sounds, data, or other information) that:
- Is not consistent with the permissible uses outlined by this Legal Notice, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable;
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Constitutes advertising or promotion, junk mail, "spamming," chain letters, or any other form of unauthorized solicitation, including solicitation of lawsuits. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by Attachmate in its sole discretion;
- Contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
- Provides any non-public information about Attachmate or any other company or person without the proper authorization to do so. This includes providing the names and extension numbers of Attachmate employees and Forum participants;
- Intentionally interferes with the operation of the Forum or with a fellow user's message box, without limitation, mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking;
- Impersonates any person or entity, including an Attachmate employee or forges any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers;
- Attacks or insults another Forum user or administrator / moderator;
- Violates any law, rule or regulation.
Attachmate expressly reserves the right to terminate a user's access to a bulletin board at any time, for any reason. You remain solely responsible for the content of your messages, and you hereby agree to indemnify, release and hold harmless Attachmate Entities with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys' fees, due to or arising out of the Materials you submit, post, transmit or make available on or through a Forum (including any private messages), the use of such Materials for any purpose, your use of a Form, your violation of this Legal Notice, or the violation by you or the Attachmate Entities of yours or any third party’s rights including, without limitation, intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability, direct or indirect, vicarious, contributory, or otherwise.
WARRANTIES AND LIMITATION OF LIABILITY
The information on this web site is presented "AS IS" WITHOUT WARRANTY OF ANY KIND. ATTACHMATE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR VIRUS FREE OPERATION. Applicable laws may not allow this broad disclaimer of certain implied warranties, and if so, the non-allowable disclaimers may not apply to you.
Attachmate does not make any representations as to the accuracy or completeness of the materials.
IN NO EVENT SHALL ATTACHMATE, ITS SUPPLIERS, OR OTHER THIRD PARTIES REFERENCED AT THIS SITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, THE SOFTWARE, MATERIALS, OR ANY INFORMATION AVAILABLE AT THIS SITE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT OR OTHER SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You use this web site at your own risk. Attachmate is not liable for any damages arising from use of this site.
TRADEMARKS
Attachmate marks. Attachmate, the Attachmate symbol, CryptoConnect, DATABridge, e-Vantage, EXTRA!, EXTRA! X-treme, FileShot, FileXpress, KEA!, Luminet, myEXTRA!, MobileNow, NetWizard, PEPgate, Reflection, Synapta, Verastream, and ViewMaster, and WRQ are trademarks or registered trademarks of Attachmate Corporation, in the United States and other jurisdictions.
Other attributions. INFOConnect and Unisys are registered trademarks of Unisys Corporation. IBM is a registered trademark of International Business Machines Corporation. NonStop is a registered trademark of Hewlett-Packard Company. RocketStream is a registered trademark of TIBCO Software Inc. or its subsidiaries in the United States and/or other countries. Some Attachmate products include software developed by the OpenSSL Project for use in the OpenSSL Toolkit (www.openssl.org).
Certification-related notices. Windows, the Windows logo, Windows Vista and the Windows Vista start button are trademarks of the Microsoft group of companies. FIPS 140-2 Validated and the FIPS 140-2 logo are the certification marks of NIST, which retains exclusive right to their use. Citrix is a registered trademark and the Citrix ready logo is a trademark of Citrix Systems, Inc. VMware and VMware Ready is a registered trademark or trademark of VMware, Inc. in the United States and/or other jurisdictions. RSA Secured and the RSA Secured logo are registered trademarks of RSA Security Inc. NOTICE: This site may reference certifications earned by Attachmate products as the result of formal testing procedures based on third party testing criteria, and may display associated certification logos. In no case shall any such certification claim or logo display be construed to confer any warranty of any kind from any third party.
All other trademarks, trade names, or company names referenced herein are used for identification only and are the property of their respective owners.
Questions or comments regarding this Legal Notice page should be directed by email to webmaster@Attachmate.com.