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I. Terms of Service
1. ACCEPTANCE OF TERMS
The SophosLabs.com website ("SophosLabs.com", or "Website")
welcomes You and provides its service to You, subject to the
following Terms
of Service ("TOS"), which may be updated by us from
time to time without notice
to You.
2. DESCRIPTION OF SERVICE
SophosLabs.com provides You understand
and agree that the service
("Service) provided on this Website
is "AS-IS" and that
SophosLabs.com assumes no responsibility
for any claims of damage
and/or injury resulting from use of
this site.
3. PRIVACY POLICY
SophosLabs.com
will collect no personal information about You when
You
visit our Website unless You choose to provide that information
to us.
If You choose to provide us with personal information through an e-
mail, or
form, we will store the question and the e-mail address
information so that
we can respond electronically. SophosLabs.com
does
not give, sell, transfer nor disclose any personal information
about our visitors,
unless required for law enforcement or by statute.
You acknowledge, consent and agree that SophosLabs.com may
access, preserve,
and disclose Your personal information if required to
do so by law or in a
good faith belief that such access preservation or
disclosure is reasonably
necessary to: (a) comply with legal process;
(b) enforce the TOS; (c) respond
to claims that any content violates
the rights of third-parties; (d) respond
to Your requests for customer
service; or (e) protect the rights, property,
or personal safety of
sophoslabs.com, its users and the public.
4. CLIENT ACCOUNT, PASSWORD AND
SECURITY
If You are a client/potential
client You will receive a user login name
and password via email. You are responsible
for maintaining the
confidentiality of the user name, password
and account, and are fully
responsible for all activities that
occur under Your password or
account. You agree to (a) immediately
notify SophosLabs.com of any
unauthorized use of Your password
or account or any other breach of
security, and (b) ensure
that You exit from Your account at the end
of each session.
SophosLabs.com cannot and will not be liable for any
loss or
damage arising from Your failure to comply with this Section
4.
5. INDEMNITY
You agree to indemnify and hold SophosLabs.com, and its subsidiaries,
affiliates,
officers, agents, co-branders or other partners, and
employees, harmless from
any claim or demand, including reasonable
attorneys' fees, made by any third
party due to or arising out of Your
use of the Service, Your connection to
the Service, Your violation of
the TOS, or Your violation of any rights of
another.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit
for any commercial purposes, any portion of the Service
(including Your user
name and password), use of the Service, or
access to the Service.
7. MODIFICATIONS TO SERVICE
SophosLabs.com reserves the right at any time and from time to time
to modify
or discontinue, temporarily or permanently, the Service (or
any part thereof)
with or without notice. You agree that
SophosLabs.com shall not be liable to
You or to any third party for any
modification, suspension or discontinuance
of the Service.
8. TERMINATION
You agree that SophosLabs.com may, under certain circumstances
and without
prior notice, immediately terminate Your SophosLabs.com
account and access
to the Service.
Cause for such termination shall include, but
not be limited to, (a)
breaches or violations of the TOS or
other incorporated agreements or
guidelines, (b) requests by
law enforcement or other government
agencies, (c) a request
by You (self-initiated account deletions), (d)
discontinuance
or material modification to the Service (or any part
thereof),
(e) unexpected technical or security issues or problems, (f)
extended periods of inactivity, (g) You have engaged in fraudulent
or
illegal activities, and/or (h) nonpayment of any fees owed
by You in
connection with the Services and/or to any subsidiaries,
affiliates,
officers, agents, co-branders or other partners.
Termination of Your SophosLabs.com
account includes (a) removal of
access to all offerings within the
Service, (b) deletion of Your
password and all related information,
files and content associated
with or inside Your account (or
any part thereof), and (c) barring
further use of the Service.
Further, You agree that all terminations for
cause shall be
made in SophosLabs.com's sole discretion and that
SophosLabs.com
shall not be liable to You or any third-party for any
termination
of Your account, or access to the Service.
9. LINKS
The Service may provide, or third parties may provide, links to other
World
Wide Web sites or resources. Because SophosLabs.com has no
control over such
sites and resources, You acknowledge and agree
that SophosLabs.com is not responsible
for the availability of such
external sites or resources, and does not endorse
and is not
responsible or liable for any Content, advertising, products, or
other
materials on or available from such sites or resources. You further
acknowledge
and agree that SophosLabs.com shall not be responsible
or liable, directly
or indirectly, for any damage or loss caused or
alleged to be caused by or
in connection with use of or reliance on
any such Content, goods or services
available on or through any such
site or resource.
10. SOPHOSLABS.COM'S PROPRIETARY
RIGHTS
You acknowledge and agree that the Service and any necessary
software used
in connection with the Service ("Software") contain
proprietary and confidential
information that is protected by applicable
intellectual property and other
laws. You further acknowledge and
agree that Content contained in sponsor advertisements
or
information presented to You through the Service or advertisers is
protected
by copyrights, trademarks, service marks, patents or other
proprietary rights
and laws. Except as expressly authorized by
SophosLabs.com or advertisers,
You agree not to modify, rent, lease,
loan, sell, distribute or create derivative
works based on the Service
or the Software, in whole or in part.
SophosLabs.com grants You a personal,
non-transferable and non-
exclusive right and license to use the object code
of its Software on
a single computer; provided that You do
not (and do not allow any
third party to) copy, modify, create
a derivative work of, reverse
engineer, reverse assemble or
otherwise attempt to discover any
source code, sell, assign,
sublicense, grant a security interest in or
otherwise transfer
any right in the Software. You agree not to modify
the Software
in any manner or form, or to use modified versions of
the Software,
including (without limitation) for the purpose of
obtaining
unauthorized access to the Service. You agree not to
access
the Service by any means other than through the interface
that is provided by sophoslabs.com for use in accessing the
Service.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS.
SOPHOSLABS.COM EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
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SOPHOSLABS.COM MAKES NO WARRANTY THAT (i)
THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF
ANY SUCH MATERIAL.
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NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN,
OBTAINED BY YOU FROM SOPHOSLABS.COM OR THROUGH
OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY
STATED IN THE TOS.
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A SMALL PERCENTAGE OF USERS MAY EXPERIENCE
EPILEPTIC
SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS
OR
BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
SERVICE.
CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC
SYMPTOMS EVEN IN USERS WHO HAVE
NO HISTORY OF PRIOR SEIZURES
OR EPILEPSY. IF YOU, OR
ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC
CONDITION,
CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND
CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS
WHILE USING THE SERVICE --
DIZZINESS, ALTERED VISION, EYE
OR MUSCLE TWITCHES,
LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY
MOVEMENT, OR CONVULSIONS
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOPHOSLABS.COM
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
SOPHOSLABS.COM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY
THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING
TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME
OF
THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY
TO YOU.
14. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly
provided in this TOS,
there shall be no third party beneficiaries
to this Agreement.
15. NOTICE
SophosLabs.com may provide You with notices, including those
regarding changes
to the TOS, by either email, regular mail, or
postings on the Service.
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