Welcome to VMRay. These Terms of Use outline how you can access and interact with our website and cybersecurity resources. Please take a moment to review these Terms of Use.
These Terms of Use, along with any referenced materials, apply to the VMRay website located at www.vmray.com, as well as any subdomains or related website operated by VMRay, its subsidiaries, or affiliates (collectively, “VMRay”), including VMRay website worldwide (together, the “website”). The website is owned by VMRay and its licensors, and these Terms of Use outline the conditions for accessing, browsing, registering, using, or downloading from the website.
By accessing or using the website, you agree to comply with these Terms of Use. If you do not accept these terms, please refrain from using the Website.
These Terms of Use include our Privacy Policy, which explains how we handle your personal data. The Privacy Policy can be updated occasionally, and any changes will take effect as soon as they are posted on the Website.
We can update these Terms of Use and related policies at any time, at our discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. It’s your responsibility to check this page for updates, as all changes will apply to you. By continuing to use the Website, you accept these updates. We won’t provide separate notices for changes.
From time to time, we may modify, update, suspend, or discontinue the Website or parts of it without prior notice. This includes updating content as needed. We may also temporarily interrupt access to the Website or specific parts of it for maintenance, error fixes, or other updates.
You may not use any automated tools (like “deep-link”, “page-scrape”, “robot”, “spider”) or similar manual methods to access, copy, or monitor any part of the Website or its content. You also cannot try to get any materials or information through means not provided by the Website.
You may not attempt to gain unauthorized access to any part of the Website, its systems, or networks connected to it, including VMRay servers, by hacking, password mining, or other illegal methods.
You may not test the vulnerability of the Website or its networks, nor breach any security or authentication measures. You cannot trace or seek to trace any information about other users or visitors of the Website, or any VMRay customer, to its source. You also cannot exploit the Website or its services to reveal any information, including personal identification, other than your own.
You agree not to use any device, software, or routine to interfere with the proper functioning of the Website, or with any other person’s use of the Website.
You may not forge headers or manipulate identifiers to disguise the origin of any message you send to VMRay through the Website. You cannot pretend to be someone else or impersonate any other individual or entity. You may not remove, obscure, or modify any copyright, trademark or other proprietary rights, notices, marks or labels contained on or within the Website.
You may not prepare derivate works based on the Website or any content thereon. You may not violate, infringe, or misappropriate the publicity, privacy, or other proprietary rights of VMRay, its licensors, or other person or entity related to the Website.
You may not use the Website or its content for any unlawful purpose or to solicit illegal activities that infringe on the rights of VMRay or others.
You also agree not to:
Some features or services on this Website may require you to create an account. This involves registering with a user ID, password, and possibly additional information for security, community, purchasing, or downloading purposes. You agree that all information you provide to register with this Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If so, you are responsible for keeping your account information, including your password, secure and confidential. Any activity under your account due to your failure to maintain its security is your responsibility. You agree to notify VMRay immediately of any unauthorized use of your account, password, or any other security breach. You may be held liable for any losses suffered by VMRay or other users of the Website due to someone else accessing your account because you did not protect your login credentials. We shall not be liable for any loss or damage arising from your failure to comply with these obligations.
We reserve the right to disable any user ID or password, whether chosen by you or assigned by us, at any time and without prior notice if, in our sole discretion, including, if, in our opinion, you have violated any provision of these Terms of Use.
If you become aware or suspect that someone else knows your user ID or password, you should change your password immediately.
All content, software, data, and intellectual property rights related to the Website, including know-how, concepts, and underlying logic, are owned by VMRay or its licensors. You cannot copy, republish, distribute, post, sell, transfer, or modify any software, data, or content from the Website without our prior written consent. All intellectual property, including trademarks, logos, and service marks on the Website, is registered by VMRay and protected globally. You do not have any license, rights, or interests in VMRay’s intellectual property.
You may use information about VMRay products and services (like data sheets, knowledge base articles, white papers) that VMRay has made available for download from the Website, provided that you:
You are allowed to quote short excerpts from the Website, provided that:
If you wish to use any content from the Website beyond what is explicitly permitted above, please contact legal@vmray.com for prior authorization.
The publicly available information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this publicly available information. Any reliance you place on such publicly available information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. The foregoing does not apply to any information that is received pursuant to a commercial agreement for non-publicly available products and services.
The views expressed by VMRay employees in blogs or forums are their own and do not necessarily reflect VMRay’s opinions. VMRay is not responsible for any direct or indirect damages or losses resulting from your use of or reliance on such information.
Any use of or reliance on User Postings (as defined below) is at your own risk. VMRay does not endorse, support, represent, or guarantee the accuracy, completeness, truthfulness, or reliability of any User Postings. By accessing the Website, you acknowledge that you may encounter User Postings that are offensive, misleading, inaccurate, harmful, or otherwise inappropriate. In some cases, User Postings may be mislabeled or deceptive.
All User Postings are the sole responsibility of the individuals who created them. VMRay does not necessarily monitor or control User Postings and assumes no responsibility for their content.
VMRay does not guarantee that the Website or any of its content, services, or features will be error-free, uninterrupted, or that any defects will be corrected. We do not GUARANTEE that using the Website will produce specific results. The Website and its content are provided “as-is” and “as-available,” and all information is subject to change without notice. VMRay cannot ensure that any files or data you download from the Website will be free from viruses or harmful components. We are not responsible for any damage or loss to your computer or other property resulting from your use of the Website.
To the fullest extent provided by law, VMRay disclaims all warranties, whether express or implied, including but not limited to warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. We are not responsible for the actions, omissions, or conduct of third parties, including any information or user-generated content they may post on the Website. You assume full responsibility for your use of the Website and any linked Websites. If you are dissatisfied with the Website or its content, your only remedy is to stop using it.
To the fullest extent permitted by law, we provide the Website without warranties, guarantees, or representations. No advice or information obtained from the Website creates any warranty unless explicitly stated.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
VMRay will not be liable for any loss or damage, regardless of the legal basis (contract, tort, negligence, breach of statutory duty, or otherwise), even if foreseeable, arising from:
TO THE FULLEST EXTENT PROVIDED BY LAW, VMRAY WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If VMRay is found liable for any damage or loss related to your use of the Website or its content, our liability will be limited to the greater of US$100. Some jurisdictions do not allow certain limitations of liability, so these restrictions may not apply to you.
Different liability limitations and exclusions may apply to products or services you purchase, trial, or download from VMRay, which will be detailed in the applicable terms and conditions.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
VMRay may disclose any information we hold about you, including your identity, if we determine that such disclosure is necessary in connection with an investigation or complaint related to your use of the Website. This may include actions to identify, contact, or take legal action against anyone causing harm, interference, or infringement on VMRay’s rights or property, or the rights and property of Website users, visitors, or customers. VMRay reserves the right to disclose any information as required to comply with applicable laws, regulations, legal processes, or government requests.
You acknowledge and agree that VMRay may retain any communications you transmit to us through the Website or its services and disclose such information if legally required or if we determine it is reasonably necessary to:
VMRay may, at its sole discretion and without prior notice, terminate or restrict your access to the Website if we determine that you have violated these Terms of Use, any related agreements, or guidelines. Additionally, you acknowledge that any violation of these Terms of Use constitutes an unlawful and unfair business practice, causing irreparable harm to VMRay. As a result, you agree that monetary damages may be insufficient, and VMRay may seek injunctive or equitable relief as necessary. These remedies are in addition to any other legal remedies available.
Furthermore, VMRay reserves the right to terminate or restrict your access to the Website at any time, with or without notice, for any reason, including but not limited to:
YOU WAIVE AND HOLD HARMLESS VMRAY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS SUCH CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You warrant that your access to and use of the Website complies with all applicable laws and regulations and will continue to do so.
You agree to hold harmless, defend, and fully indemnify VMRay, its affiliates, licensors, and services providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, legal proceedings, damages, costs (including reasonable attorneys’ fees), expenses, or liabilities arising from or related to your use of the Website.
You may link to our homepage, provided that your linking is fair, lawful, and does not harm or take unfair advantage of our reputation.
You must not create a link that implies any form of association, approval, or endorsement by VMRay where none exists.
Framing of the Website on any other website is not permitted, nor may you create links to any page of our Website other than the homepage.
VMRay reserves the right to revoke linking permissions at any time and without prior notice.
If you wish to use any content from the Website beyond what is expressly permitted above, please contact legal@vmray.com for authorization.
Where the Website includes links to third-party websites or resources, these links are provided for informational purposes only. You acknowledge that VMRay has no control over the content of such external websites or resources and is not responsible for their availability, accuracy, or any consequences resulting from their use. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
No waiver by VMRay of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of VMRay to asset a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the maximum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
These Terms of Use, including their subject matter and interpretation (as well as any non-contractual disputes or claims), are governed by the laws of Germany. You agree to submit to the non-exclusive jurisdiction of the courts of Germany.
VMRay reserves the right to seek injunctive or any other equitable relief in any court of competent jurisdiction if, in our sole discretion, we deem it necessary.
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