Terms and Conditions
Welcome to the Daemon Security, Inc. ("Daemon Security") web site. Please review the following terms and conditions concerning your use of the web site (the "Terms"). By accessing, using or downloading any materials from the web site, you agree to follow and be bound by these Terms.
All materials provided on this web site, including but not limited to information, documents, logos, text, graphics, sounds, images, software and all other content of any description available on this web site or included in any products or services we offer (collectively, "Materials"), are provided either by Daemon Security or by their respective third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of Daemon Security and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Daemon Security or the Third Party Providers, as applicable. You may not mirror any Materials contained on this web site or on any other server without Daemon Security's prior express written permission.
Except where expressly provided otherwise by Daemon Security, nothing on this web site shall be construed to confer any license under any of Daemon Security's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Daemon Security. Daemon Security does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Daemon Security.
Daemon Security hereby grants you permission to display, copy, distribute and download Daemon Security's Materials on this web site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use, and such Materials will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these Terms. Upon termination, you will immediately destroy any downloaded or printed Materials.
Any unauthorized use of any Materials contained on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
LINKS TO THIRD PARTY SITES
This web site may contain links to web sites controlled by parties other than Daemon Security. Daemon Security is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. Daemon Security is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Daemon Security of the linked web site. It is your responsibility to take precautions to ensure that whatever materials you copy or download from third party web sites are free of viruses or other items of a destructive nature.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY DAEMON SECURITY, THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR NON-COMMERCIAL USE ONLY, AND DAEMON SECURITY HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. DAEMON SECURITY MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
LIMITATION OF LIABILITY
DAEMON SECURITY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL DAEMON SECURITY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEB SITE OR OF ANY MATERIALS CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEB SITE, EVEN IF DAEMON SECURITY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST DAEMON SECURITY FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD DAEMON SECURITY HARMLESS FROM, AND YOU COVENANT NOT TO SUE DAEMON SECURITY FOR, ANY CLAIMS BASED ON OR RELATED TO YOUR USE OF THIS WEB SITE OR OF ANY MATERIALS CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEB SITE.
You agree to indemnify, defend and hold harmless Daemon Security and its officers, agents, employees, licensors and service providers from and against any and all claims, losses, liabilities and expenses (including attorney's fees and other legal costs), whether arising in contract, tort or otherwise, relating to or arising out of your breach of these Terms, applicable law or any right of Daemon Security and/or any Third Party Provider.
LOCAL LAWS; EXPORT CONTROL
Daemon Security controls and operates this web site from its headquarters in the United States of America and makes no representation that the Materials are appropriate or available for use in other locations. If you use this web site from other locations, you are responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this web site are solely directed to individuals, companies or other entities located in the United States of America. You acknowledge and agree that the Materials are subject to the U.S. Export Administration laws and regulations. Diversion of the Materials in breach of such laws and regulations, or any other federal, state, local or foreign law, is prohibited. You represent and agree that none of the Materials, nor any direct product derived from any Materials, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Daemon Security, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining any required licenses to export or re-export the Materials.
This web site may include inaccuracies or typographical errors. Daemon Security and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this web site at any time without notice. Daemon Security may periodically make changes to the web site. Any action related to these Terms will be governed by Maryland law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. You agree that any proceeding to enforce these Terms will be brought in a state or federal court located in Maryland. You agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding to enforce these Terms and waive any objections to venue in these courts. These Terms represent the entire understanding relating to the use of the web site and prevail over any prior or contemporaneous, conflicting or additional, communications. Daemon Security has the right to revise these Terms at any time without notice by updating this posting. Any subsequent use of this web site by you will be governed by the revised Terms. Any rights not expressly granted herein are reserved by Daemon Security. Headings are used in these Terms for reference purposes only and shall not be used to interpret or construe these Terms. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions enforced.
INTELLECTUAL PROPERTY NOTICES
Elements of the web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the web site may be copied or retransmitted unless expressly permitted by Daemon Security.
Daemon Security, the Daemon Security logo (Daemon Security Shield), and/or other Daemon Security products referenced herein are trademarks of Daemon Security, Inc., and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners, including the original BSD Daemon, which is copyrighted by Marshall Kirk McKusick
Copyright © 2012 Daemon Security, Inc. All rights reserved.
LEGAL CONTACT INFORMATION
If you have any questions about these Terms, or if you would like to request permission to use any Materials in any manner not expressly authorized in these Terms, please contact Daemon Security.
This policy discloses what information we gather about you when you visit www.daemon-security.com, daemon-security.com or buy product directly from us. It describes how we use that information.
INFORMATION Daemon Security GATHERS
Daemon Security, Inc. collects informations such as the IP address used to access our website and the HTTP request made with the URL information.