Terms of Use


Welcome to Kerio Technologies web site! The following terms govern your use of our web site, www.kerio.com (the “Site”). By using the Site, or related Kerio Technologies Sites, you are indicating your agreement to be bound by these Terms of Use. You understand and agree that we may modify this Site and the services available at it without notice, and may discontinue the Site and its services at any time. We encourage you to review these Terms of Use periodically as they may change. By continuing to use this Site after we modify these terms, you agree to be bound by such future revisions of these Terms of Use. Please read the following carefully.

We Respect Your Privacy
These Terms of Use incorporate the terms of Kerio’s Privacy Policy, found on the privacy policy page.

Guard Your Password
You must safeguard the user name and password you use to access this Site. You agree not to disclose or share your password with any third party. You authorize us to assume that any person using the Site with your user name and password either is you or is authorized to act for you.

Your Use of this Site
Except as otherwise expressly provided, Kerio Technologies authorizes you to view and download the material on this Site solely for your personal, noncommercial use.

Ownership of Web Site Content and Use Restrictions
This Site contains text, logos, images, illustrations, photographs, screenshots, icons and other materials furnished by Kerio Technologies and its partners (“Site Content”). Site Content is protected under copyright, trademark, trade secret, and other laws of both the United States and foreign countries. All Site Content, including the collection, arrangement and assemby of such content is the exclusive property of Kerio Technologies or its partners.
Kerio Technologies grants you a limited license to access and make personal use of our web site. You may not modify the web site without our prior written consent. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, copy, distribute, download or print in hard copy all or parts of our web site, repost or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Kerio Technologies or the rights holder. You may not copy or adapt the HTML code that Kerio Technologies uses to generate its pages. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. You may create a hyperlink to the home page of Kerio Technologies so long as the link does not portray us in a false, misleading or otherwise offensive manner. You may not use our logo as part of the link without our prior written consent. In any event, you shall reproduce all our proprietary notices.
You are prohibited from transmitting to our web site any unlawful, threatening, libelous, defamatory or pornographic material or any other material that could give rise to any civil or criminal liability.

Use of Kerio Technologies Software
Kerio Technologies makes certain software products available for download through the Site. Use of our software is governed by the terms of the applicable License Agreement. You cannot install any of our software unless you agree to the terms of its License Agreement. Each License Agreement is available for review on our web site.

Links
The Site may contain links to other web sites or resources. You acknowledge and agree that Kerio Technologies is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk.

Termination
If You violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Site.

We may terminate your registration at any time. We would consider terminating your membership if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated our rights or those of another party. The provisions entitled “Disclaimer of Warranties,” “Limitation of Liability,” “Controlling Law and Jurisdiction,” and “General Provisions” will survive termination of your registration.

Disclaimer of Warranty
KERIO TECHNOLOGIES IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ALTHOUGH WE BELIEVE THE CONTENT TO BE ACCURATE, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THE WEB SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Limitation of Liability
NEITHER KERIO TECHNOLOGIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA OR PROFITS, OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY FOR KERIO TECHNOLOGIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THIS SITE IS LIMITED TO $100.

Controlling Law and Jurisdiction
Kerio Technologies controls and operates this web site from its offices in California, United States of America. These Terms of Use and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of the State of California and the United States, without regard to conflicts of laws provisions. Each of the parties submits itself to the exclusive jurisdiction and venue of the state courts of the State of California for the County of Santa Clara or the United States District Court for the Northern District of California.
The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to these Terms of Use or the parties’ relationship.

General Provisions
You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. In the event any term or provision of these Terms of Use are in violation of or prohibited by any applicable law or regulation, such term or provision shall be deemed to be amended or deleted to conform to such law or regulation, without invalidating or amending or deleting any other terms or provisions of these Terms of Use. These Terms of Use comprise the entire agreement between you and Kerio Technologies with respect to the use of the Site.

We reserve the right to make changes to our web site, Privacy Policy and Terms of Use at any time. Those revisions will be posted on our web site. By using our web site you agree to be bound by any such revision. Please consult our web site periodically in order to review those revisions.

This document was last updated September 10th, 2002.