US Registered Office:
Corporate Trust Center, 1209 Orange Street, Wilmington,
County of Newcastle, Delaware
UK Registered Office:
Vantage, Victoria Street, Basingstoke RG21 3BT.
Registered in England & Wales No.3778354
VAT No.GB 733455632
1. Content and Services.
Exony provides users of the Site with access to certain content concerning Exony and its products and services, including descriptions, contact information, links, and other specialized content (collectively, the "Content"), as well as opportunities to contact Exony or third parties, and other features and services (all of the foregoing, collectively with the Content, the "Services").
2. Exony Intellectual Property
You acknowledge and agree that the information and materials presented to you on or through the Site (including without limitation, the Content, Services, Site design, text, graphics, pictures, logos, button icons, and audio and video clips, and the selection and arrangement thereof, and all software relating thereto) are the property of Exony and its licensors, and are protected by applicable copyright, trademark, patent, and/or other proprietary rights and laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works (whether in whole or in part) of, any materials that are made available on or through the Site, except that you are permitted to download a copy of pages of our Site, provided that (1) your use of such information from our Site is for your informational, personal and non-commercial use only, (2) you will not copy, transfer or transmit such information to another person or entity, post it on any network computer or broadcast it in any media, (3) any copy of the information that you make will retain all legal notices, copyright and other proprietary notices contained therein, and (4) you make no modifications of such information. Nothing contained herein will be construed as conferring by implication, estoppel or otherwise, any license or right under any patent or trademark of Exony or any third party. Except as expressly provided above, nothing contained herein will be construed as conferring any license or right under any Exony copyright. All rights not expressly granted herein are reserved by Exony. You agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any material or data from our Site.
The trademarks, logos, and service marks ("Marks") displayed on our Site are the property of Exony or third parties. You are not permitted to use the Marks without the prior written consent of Exony or such third party that may own the Marks. Exony™, Exony VIM™, VIM™, VIM Performance™, VIM Standard™, VIM DataMart™, VIM Connect™, VIM Resource Management™ and VIM Service Management™ are the trademarks or registered trademarks of Exony Limited in the United Kingdom, European Economic Community, United States, Canada and/or other countries. Other registered and unregistered trademarks, related words, domain names and logos which are the property of Exony may appear from time to time on the Site. All other trademarks, product names and company names or logos cited herein which are not the property of Exony are the property of their respective owners. Exony's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
Use of any software made available on the Site is subject to the software license terms set forth in Exony’s then-current software license agreement for such software. The software license agreement will be available for review whenever software is downloaded at our Site.
3. Third Party Products and Services; Links to Other Websites
Any mention of third party products, companies and web sites on our Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. Exony assumes no responsibility with regard to the selection, performance or use of such third party products/services or vendors.
Our Site may, from time to time, contain links to third party websites or resources or third party advertisements and your access and use of those third party websites, resources, products or services will be governed by the terms and policies imposed by such third parties. You acknowledge and agree that Exony is not responsible or liable for: (i) the availability or accuracy of such third party websites, resources or advertisements; or (ii) the content, advertising, services or products on or available from such third party websites or resources. The inclusion of any link on our Site does not imply that we endorse the linked site. Furthermore, the inclusion of any third party advertisements on our Site does not imply that we endorse such third party or its products, services, offers, opinions or claims. You use the links, any third party’s websites, resources, products and services at your own risk.
Every effort has been made to ensure the accuracy of the information presented on our Site; however, Exony assumes no responsibility for the accuracy of the information. Any information, including information about our products or services, is subject to change without notice. Exony may make improvements and/or changes in the products and/or services described in our Site at any time without notice. The Site also contains press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
IF YOU USE OUR SITE, YOU DO SO AT YOUR SOLE RISK. OUR SITE, SERVICES, CONTENT, INFORMATION OR OTHER MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT (A) OUR SITE, PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY INFORMATION OR MATERIAL OBTAINED BY YOU THROUGH OUR SITE OR SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. IF YOU ACCESS OR TRANSMIT ANY INFORMATION THROUGH THE USE OF OUR SITE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
6. Limits on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EXONY BE LIABLE FOR DAMAGES OF ANY KIND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO: (A) THE USE OF, OR RELIANCE ON, THE INFORMATION PRESENTED ON OUR SITE; (B) LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT OF ANY GOODS; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MATERIALS; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS OR SERVICE INTERRUPTIONS; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY THIRD PARTY; (F) YOURS’ OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SITE; OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SITE, OR THESE TERMS. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
You agree to defend, indemnify and hold harmless Exony (and each of our owners, officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out of, or relating to, your use of our Site or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings, between you and Exony governing your use of our Site. Our failure or delay in exercising any right, power or privilege under these Terms will operate as a waiver thereof. The invalidity or unenforceability of any of these Terms will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect. You may not assign or delegate any rights or obligations under these Terms and any purported assignment and delegation will be ineffective. We may freely assign or delegate all rights and obligations under these Terms, fully or partially. The information on this Site is provided solely for illustrative purposes and does not create any business, contractual, or employment relationship.
If you have any questions about these Terms, please contact us via our Contact Information form located at http://www.exony.com/content/contact-information.