Terms of Use

 

Welcome to the web site of SafeNet, Inc. (the “Company”).

All users of the web site (the “Web Site”) are subject to the following terms and conditions of use (these “Terms of Use”).

 

Please read these Terms of Use carefully before accessing or using any part of the Web Site.  By accessing or using the Web Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Company Privacy Policy [hyperlink], which is hereby incorporated into these Terms of Use.  If you do not wish to agree to these Terms of Use, do not access or use any part of the Web Site.

 

The Company may revise and update these Terms of Use at any time without notice by posting the amended terms on the Web Site.  Your continued use of the Web Site means that you accept and agree to the revised Terms of Use.  If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with the Web Site, your sole and exclusive remedy is to discontinue using the Web Site. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE WEB SITE.

 

 

1. USE OF THE WEB SITE

 

The Web Site may contain forums, bulletin board services, live chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group.

You agree to use the Web Site only for lawful purposes:

 

(a) Specifically you agree not to do any of the following:  (1) upload to or transmit on the Web Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation or individual with any person or organization; (5) upload to or transmit on the Web Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Web Site by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via the Web Site; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Site); (10) post “spam,” transmit chain letters or engage in other similar activities; (11) advocate illegal activity or discuss an intent to commit an illegal act; (12) seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (13) disobey any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Web Site or any networks connected to the Web Site; (14) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded; or (15) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Web Site, or which, as determined by the Company, may harm the Company or users of the Web Site or expose them to liability.

 

(b) Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chat room or any other publicly available section of the Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. You understand and acknowledge that you are responsible for whatever content you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Web Site, you warrant that the material is your own, is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Web Site. You grant to the Company the right to use all content you upload or otherwise transmit to the Web Site in any manner the Company chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

 

(c)  To access the Web Site or some of the resources it offers, you may log-in using an already existing account through Google, Google Applications, Yahoo! or Facebook.  Alternatively, you may create an account through the Web Site.  It is a condition of your use of the Web Site that all the information you provide on the Web Site will be correct, current and complete.

 

(d) The Company reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Web Site which the Company, in its sole discretion, deems inconsistent with the foregoing commitments, including any material the Company has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Web Site. However, the Company can neither review all material before it is posted on the Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. The Company reserves the right to take any action it deems necessary to protect the personal safety of users of the Web Site and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

 

(e) Your failure to comply with the provisions of (a), (b) or (c) above may result in the termination of your access to the Web Site and may expose you to civil and/or criminal liability.

 

2. COPYRIGHT RESTRICTIONS/USE OF CONTENT

 

The entire content of the Web Site (including all information, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to the Company or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Web Site for personal use or legitimate business purposes related to your role as a current or prospective customer of the Company. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on the Web Site without the prior written consent of the Company, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in the Web Site are transferred to you, but remain with the Company or the applicable owner of such content. Except as expressly authorized by the Company in writing, you may not reproduce, sell or exploit for any commercial purposes (x) any part of the Web Site, (y) access to the Web Site, or (z) use of the Web Site or of any services or materials available through the Web Site.

 

You may not (and may not authorize any party to) (i) co-brand the Web Site, (ii) frame the Web Site, or (iii) hyperlink to the Web Site, without the express prior written permission of an authorized representative of the Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish or distribute the Web Site or content accessible within the Web Site. You agree to cooperate with the Company in causing any unauthorized co-branding, framing or hyperlinking immediately to cease. In addition, you may not use the Web Site in any manner which could disable, overburden, damage or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials, content or information through any means not intentionally made available or provided for through the Web Site.

 

3. TRADEMARKS AND PROPRIETARY INFORMATION

 

The Company name, the terms SafeNet and Sentinel, the Company logo, and copyrighted works on the Web Site, and all related names, logos, product and service names, designs and slogans are trademarks of the Company and/or its affiliates.  You may not use such marks without the prior written permission of the Company.  All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The Company and any party that provided trademarks, service marks, logos and copyrighted works to the Company retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in the Web Site.

 

The material and content accessible from the Web Site, and any other web site owned, operated, licensed or otherwise controlled by the Company (the “Content”) is the proprietary information of the Company or the party that provided or licensed the Content to the Company, whereby such providing party retains all right, title and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of the Company, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates the Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Web Site.

 

4. DISCLAIMER

 

You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for any reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the Internet.

 

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by the Company.

 

YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEB SITE OR ITS CONTENT. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

 

All of the information in the Web Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Web Site, and the Company does not undertake any obligation to update such information after it is posted or to remove such information from the Web Site if it is not, or is no longer accurate or complete.

 

5. LIABILITY OF THE COMPANY AND ITS LICENSORS

 

The Company does not assume any liability for the Content.  Reliance on the Content is solely at your own risk.  The Company disclaims any liability for injury or damages resulting from the use of any Content.

 

IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE, THE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

 

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

 

6. INDEMNIFICATION

 

You agree to indemnify and hold harmless the Company and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the Web Site or the delivery of products, services or information over the Web Site, from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting losses, damages, judgments, awards, costs, expenses and attorneys’ fees of the indemnified parties in connection therewith. You will also indemnify and hold the indemnified parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Web Site.

 

7. PRIVACY, PROTECTION OF PERSONAL INFORMATION AND SECURITY

 

The Company’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Company Privacy Policy [hyperlink], which is incorporated by reference into these Terms of Use.

 

You are prohibited from using any services or facilities provided in connection with the Web Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Company reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents. The Company reserves the right to investigate suspected violations of these Terms of Use.

 

The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

 

8. DEALINGS WITH OTHER MERCHANTS

 

If you choose to correspond, participate in a promotion or engage in transactions with any merchant or employer found on or through the Web Site, you acknowledge and agree that the Company is not a party to, and will not be responsible for, your interaction with such merchant or employer, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant or employer. The terms of your interaction with any merchant or employer are solely between you and such merchant or employer. You agree that the Company will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants or employers on the Web Site. The Company makes no representations or warranties with relation to correspondences with merchants or employers and shall not be responsible for failure of the merchant, employer or you to receive materials communicated in this fashion for any reason whatsoever.

 

9. COMMENTS AND SUBMISSIONS

 

The Company welcomes your comments.  All comments, suggestions or other information sent by you to the Web Site for internal use by the Company or its advertisers or business partners in response to solicitations on the Web Site will become the Company’s property and you agree that all intellectual property rights therein are transferred to the Company.  You understand that any postings, or content submitted for posting, to publicly available portions of the Web Site are nonconfidential for all purposes.

 

You hereby grant to the Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all content, remarks, suggestions, ideas, graphics or other information communicated to the Company through the Web Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. The Company will treat any personal information that you submit through the Web Site in accordance with its Privacy Policy [insert hyperlink].

 

10. HYPERLINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES

 

The Web Site may be hyperlinked to other sites which are not maintained by, or related to, the Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with the Web Site or the Company. The Company has not reviewed any or all of such sites and is not responsible for the content of those sites. The Company is not responsible for webcasting or any other form of transmission received from any hyperlinked site. The Company is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, sites framed within the Web Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.

 

11. COPYRIGHT INFRINGEMENT

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent with written notice specified below.  Please note that this procedure is exclusively for notifying the Company and its affiliates that your copyrighted material has been infringed.
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
* A description of the copyrighted work that you claim has been infringed upon;
* A description of where the material that you claim is infringing is located on the Web Site;
* Your address, telephone number, and e-mail address;
* A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Company’s Copyright Agent for notice of claims of copyright infringement on the Web Site can be reached at:
Kevin Hicks
SafeNet, Inc.
4690 Millennium Drive
Belcamp, MD  21017
443 327 1200
kevin.hicks@safenet-inc.com

 

12. MISCELLANEOUS

 

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Maryland, USA, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Web Site shall be in the state or federal courts located in or near Belcamp, Maryland. You agree to submit to the jurisdiction of such courts.
The owner of the Web Site is based in the State of Maryland, USA. The Company makes no representation that materials in the Web Site are appropriate or available for use in other locations.  If you access the Web Site from other locations, you are responsible for complying with local laws.

 

These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and the Company with respect to the Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

 

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties.  The other provisions of these Terms of Use shall remain in full force and effect.
The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms of Use.

 

You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this agreement or use of the Web Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on the Web Site will govern the items to which they pertain.

 

The Company may revise these Terms of Use at any time by updating this posting. These Terms were last updated on 03/31/2011.