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1. General
1.1 This Agreement governs your use of the EventTracker KB web site (the "Site")
which is operated by EventTracker Security LLC.
1.2 EventTracker reserves the right, in its discretion, to change or modify all or any
part of this Agreement at any time, effective immediately upon notice published
on the Site. Your continued use of the Site constitutes your binding acceptance
of these terms and conditions, including any changes or modifications made by EventTracker
as permitted above. If at any time the terms and conditions of this Agreement are
no longer acceptable to you, you should immediately cease use of the Site.
2. Use of Content
2.1 You acknowledge that the Site contains information, software, graphics, links
and other material (collectively, the "Content") that are protected by
copyright, trademark or other proprietary rights of EventTracker or third parties. All
Content on the Site is copyrighted as a collective work of EventTracker pursuant to applicable
copyright law. You agree to comply with any additional copyright notices, license
provisions and other restrictions contained in any Content available on or accessed
through the Site. Users of the Site may use the Content only for their personal,
noncommercial use.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative
works from, distribute, perform, display, or in any way exploit any of the Content,
in whole or in part, except as otherwise expressly permitted in this Agreement.
Content consisting of downloadable software may not be reverse engineered or decompiled
and may be subject to license terms provided with such software. Subject to the
provisions of this Agreement, you may post on the Site any Content owned by you
(such as your original statements), Content for which you have received express
permission from the owner, and Content in the public domain. You assume all right
and responsibility for determining whether any Content is in the public domain.
You grant to EventTracker the license and right to adapt, edit, copy, reproduce, publish,
distribute, translate and otherwise use in any medium and for any purpose any Content
that you place on the Site without
compensation to you. You represent and warrant that you are authorized to grant
all rights set forth in the preceding sentence.
2.3 You may view or print the Content only for your own personal use, provided that
you maintain and include all copyright and other notices contained in such Content.
You shall not store electronically any portion of any Content. Except as expressly
permitted by the copyright laws, no copying, storage, redistribution or publication
of any Content is permitted without the express permission of Altair or the owners
of such Content or their authorized persons if other than Altair. You agree that
you will not use your access to the Site and/or any Content stored therein (including
the compilation of links to externally hosted content) to develop or enhance a competitive
website or product offering.
3. Rules of Conduct
You shall not use the Site for any commercial purpose, to distribute any advertising
or solicitation of funds or goods and services or to solicit users to join competitive
online services. EventTracker prohibits caching, unauthorized hypertext links to the Site
and the framing of any Content available through the Site. EventTracker?s prior written
consent must be obtained prior to any linking being made to a page on this Site
other than the home page <kb.eventlogmanager.com>.
4. Managing Content
EventTracker reserves the right to delete, move or edit any Content that it may determine,
in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable.
EventTracker shall have the right but not the obligation, to correct any errors or omissions
in any Content, as it may determine in its sole discretion.
5. No Endorsement
5.1 EventTracker does not represent or endorse the accuracy or reliability of any Content
posted on any Forums and you acknowledge that any reliance upon such Content shall
be at your sole risk.
5.2 The Site may contain links to sites on the Internet which are owned and operated
by third parties (the "External Sites"). You acknowledge that EventTracker is
not responsible for the availability of, or the content located on or through any
External Site.
6. Indemnity
You agree to indemnify, defend and hold EventTracker and its affiliates, and their respective
officers, directors, owners, agents, information providers and licensors (collectively,
the "Indemnified Parties") harmless from and against any and all claims,
liability, losses, costs and expenses (including attorneys' fees) (?Losses?) incurred
by any Indemnified Party in connection with any use or alleged use of the service
under your user name by any person, whether or not authorized by you, or in connection
with any Losses incurred by the Indemnified Parties as a result of Content submitted
by you. Altair reserves the right, at your expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, and in such
case, you agree to cooperate with Altair's defense of such claim.
7. Termination of Site
EventTracker reserves the right, in its sole discretion, to restrict, suspend or terminate
your access to all or any part of the Site, including the Forums, at any time for
any reason without prior notice or liability. EventTracker may change, suspend or discontinue
all or any aspect of the Site at any time, including the availability of any feature,
database, or Content, without prior notice or liability.
8. Disclaimer of warranties; Limitation of liability
8.1 Neither EventTracker nor any provider of third party content or their respective agents
warrants that the Service will be uninterrupted or error free; nor does EventTracker, any
third party content provider, or their respective agents make any warranty as to
the results to be obtained from use of the Service or the Content. The Service and
the Content are distributed on an "as is, as available" basis. Neither
EventTracker, third party content providers, nor their respective agents make any warranties
of any kind, either express or implied including without limitation, warranties
of title or implied warranties or conditions of merchantability or fitness for a
particular purpose, with respect to the Service, any content or any products or
services sold through the service. Neither Prsm nor any third party content provider
warrants that any files available for downloading through the Service will be free
of viruses or similar contamination or destructive features. You expressly agree
that the entire risk as to the quality and performance of the service and the accuracy
or completeness of the content is assumed solely by you.
8.2 Neither EventTracker, any third party content provider nor their agents shall be liable
for any act, direct or indirect, incidental, special, indirect or consequential
damages arising out of the use of or inability to use the service, Content or otherwise
arising from this Agreement even if such party has been advised of the possibility
of such damages.
8.3 Some states, provinces or countries do not allow exclusion of implied warranties
or limitation of liability for incidental or consequential damages, so the above
limitations or exclusions may not apply to you. In such states, the liability of
EventTracker, third party content providers and their respective agents shall be limited
to the greatest extent permitted by law.
8.4 Without derogating from any of the following, in no event shall the aggregate
liability of EventTracker and all of the other Indemnified Parties for any and all claims,
damages or other liabilities arising or related to this Agreement, the Service or
the Content exceed the amount of fees received by EventTracker from You (if any) pursuant
to this Agreement.
9. Miscellaneous
9.1 This Agreement shall be construed in accordance with the laws of the State Of
Maryland, and the parties irrevocably consent to bring any action to enforce this
Agreement in the courts located in Maryland. This Agreement constitutes the entire
agreement between the parties with respect to the subject matter hereof, and supersedes
all previous written or oral agreements between the parties with respect to such
subject matter. All provisions hereof shall survive any termination of this Agreement
as well as any other revisions which by their terms or sense are intended to survive.
9.2 You agree that any login credentials (such as a username/password combination)
provided to you must be kept confidential and not shared with any other person.
9.3 You acknowledge that certain information contained in the Content may potentially
result in a loss of data. Prior to implementing any recommendations, you agree that
you will first (i) apply such recommendations on a test system and (ii) make a complete
backup of the relevant production system.
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