Terms of use
Access to and use of the World Wide Web site ("The Vontu Web Site") owned by Vontu, Inc. ("Vontu") is provided subject to these terms and conditions.
PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. VONTU RESERVES THE RIGHT TO UPDATE THE TERMS OF USE AT ANY TIME WITHOUT NOTICE TO YOU. THE MOST CURRENT VERSION OF THE TERMS OF USE CAN ALWAYS BE ACCESSED AT THE VONTU WEB SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Use of Material on the Vontu Web Site
The information, artwork, text, video, audio, or pictures (collectively, "Materials") contained on the Vontu Web Site are protected by copyright and other laws. You may only access and use the Materials for personal, informational or educational purposes. You may not access or use the Materials for any other purpose without Vontu's express written consent. Except as provided below, you may not modify, reproduce, republish, post, transmit or distribute any Materials on the Vontu Web Site.
You may print Materials on the Vontu Web Site for personal, informational or educational purposes only, or for such other purpose expressly authorized by Vontu in writing, and you must include any copyright notice originally included with the Materials in all copies. The Materials included on the Vontu Web Site have been compiled by Vontu from a variety of sources, may contain technical inaccuracies or typographical errors and are subject to change without notice.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Vontu Web Site, you will not use the Vontu Web Site for any purpose that is unlawful or prohibited by these terms. You may not use the Vontu Web Site in any manner that could damage, disable, overburden, or impair any Vontu server, or the Vontu network, or interfere with any other party's use and enjoyment of the Vontu Web Site. You may not attempt to gain unauthorized access to Vontu Web Site, other accounts, computer systems or networks connected to any Vontu server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Vontu Web Site. You may not use or export or re-export any Materials or any copy or adaptation of such Materials, or any product or service offered on the Vontu Web Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
FOR ANY SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Vontu Web Site ("Software") is the copyrighted work of Vontu and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which is provided to You by Vontu, executed by the parties, or otherwise accompanied or included with the Software ("License Agreement"). An end user will be unable to install any Software without obtaining a license key from Vontu. The Software is made available for download solely for use by end users according to the License Agreement. If at any time no license agreement is provided prior to the download, the use of the Software is subject to the terms of Vontu's Risk Assessment Agreement, a copy of which may be obtained by sending an email to webmaster@vontu.com.
Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, VONTU, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, VONTU MAY MAKE AVAILABLE AS PART OF THE VONTU WEB SITE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. VONTU DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN VONTU SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND.
Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Vontu Inc, 475 Sansome Street, Suite 2000 San Francisco, CA 94111
MATERIALS PROVIDED TO VONTU OR POSTED AT ANY VONTU WEB SITE.
Vontu does not claim ownership of the materials you provide to Vontu (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Vontu, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, the Vontu Web Site and any other Vontu business or services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any Vontu third party contractors. No compensation will be paid with respect to the use of your Submission, as provided herein. Vontu is under no obligation to post or use any Submission you may provide and Vontu may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described herein including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting to the general public (for each such Images available anywhere on the Vontu Web Site), permission to use your Images in connection with the use, as permitted by these Terms of Use including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Vontu's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement regarding the collection and use of your personally identifiable information.
Sites Linked From the Vontu Web Site
The sites linked from the Vontu Web Site are not under Vontu's control, and Vontu does not assume any responsibility or liability for any communications or materials available at such linked sites.
Disclaimer of Warranties / Limitation of Liability
THE MATERIALS ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Without limitation, this means that Vontu makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Materials or that the Materials may be relied upon for any reason, that the Materials will be uninterrupted or error free, or that any defects can be or will be corrected.
IN NO CASE SHALL VONTU BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THE VONTU WEB SITE, ANY MATERIALS OR ANY OTHER WEBSITE OR THE INTERNET GENERALLY UNDER ANY CAUSE OF ACTION EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VONTU'S AGGREGATE LIABILITY TO YOU EXCEED $100.
For purposes of this section, ' Vontu ' shall include Vontu, Inc., its affiliates subsidiaries and their shareholders, officers, employees, agents and representatives, as well as any third-party licensors, providers or sources of information or data." Your use of the Vontu Web Site may also be governed by the terms of an express written agreement between you and/or your organization and Vontu.
Product Data
All specifications are subject to change and any expected future products, features or functionality will be provided on an if and when available basis.
Trademarks of Vontu
Vontu, the Vontu logo, Vontu Protect, the V Vontu logo, and Secure Data Profile are trademarks or registered trademarks of Vontu, Inc. or its subsidiaries in the United States and other countries. The following are protected trademarks and logos of Vontu:
VONTU®
VONTU NETWORK MONITORTM
VONTU DISCOVERTM
VONTU PROTECTTM
VONTU NETWORK PREVENTTM
VONTU ENDPIONT MONITORTM
VONTU ENFORCETM
DLP PLATFORMTM
VONTU PREVENTIONTM
The Vontu Logo®
The V Logo®
No license to use any marks or logos of Vontu is granted hereunder. All Vontu marks must be accompanied by a reference Vontu's ownership thereof.
This list is not intended to be an exhaustive or comprehensive list of all Vontu trademarks.
Vontu's trademarks may be used publicly with permission only from Vontu.
Fair use of Vontu's trademarks in advertising and promotion of Vontu products requires proper acknowledgement.
If you have the right to use any of these protected trademarks, you must include the following attribution with such use, with the appropriate information used where "[ ]" are indicated:
"[List of Vontu trademarks you are using] [is] [are] either [a] registered trademark[s] or trademark[s] of Vontu in the United States and/or other countries."
Copyright Notice
Copyright© 1996-2007 Vontu, All rights reserved.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Vontu Web Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in San Francisco, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Vontu and You arising out of or in connection with your use of the Vontu Web Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Vontu with regard to your use of the Vontu Web Site, and any and all other written or oral agreements or understandings previously existing between You and Vontu with respect to such use are hereby superseded and cancelled. Vontu will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Vontu's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Vontu of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Vontu and You or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.