All content available on the Website including, without limitation, text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to EnterpriseDB, and is protected by laws relating to trade dress, copyright, patent, unfair competition, trademark, and/or other forms of intellectual property rights and by other applicable law and EnterpriseDB reserves and retains all rights in and to such Content.
The name and mark "EnterpriseDB" and any other names, marks, logos, graphics, designs, webpage designs, and icons of EnterpriseDB used in connection with the Website are registered or unregistered trademarks, service marks, or trade dress of EnterpriseDB (the "Marks"). You may not use the Marks other than in connection with any incidental use as necessary to view and access the Website. Without limiting the foregoing, you shall not be permitted to use any of the Marks or any other names or marks that are similar to, or likely to cause confusion with, any of the Marks.
You may use information on EnterpriseDB products and services (such as data sheets, knowledge base articles, and similar materials) purposely and explicitly made available, with written permission, by EnterpriseDB for downloading from the Website, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
EnterpriseDB is not responsible for the conduct, whether online or offline, of any user of the Website.
Your Use of the Website
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automated device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely and explicitly made available, with written permission, through the Website.
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any EnterpriseDB server, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or EnterpriseDB's systems or networks, or any systems or networks connected to the Website or to EnterpriseDB.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to EnterpriseDB on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Changes to Service and Suspension of Service
EnterpriseDB reserves the right, in its sole discretion, to change, suspend, discontinue, or terminate the Website or any and all content, applications, materials, and other items used or contained in the Website at any time and from time to time and without notice or explanation, for any or no reason, and without any liability to you. EnterpriseDB reserves the right in its sole discretion, to deny, restrict, suspend, discontinue, or terminate your access to the Website or any portion thereof at any time, with or without prior notice or explanation, for any or no reason, and without any liability to you.
EnterpriseDB's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.
EnterpriseDB may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and EnterpriseDB makes no commitment to update the materials on the Website with respect to such products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Website may require you to open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify EnterpriseDB immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by EnterpriseDB or any other user of or visitor to the Website due to someone else using your ID, password or account.
You may not use anyone else's ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. EnterpriseDB cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Third Party Websites
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ANY CONTENT, APPLICATIONS OR MATERIALS PROVIDED BY OR ON THE WEBSITE, ARE PROVIDED ON AN .AS IS. BASIS AND ENTERPRISEDB HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ENTERPRISEDB CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE. ENTERPRISEDB SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE SERVICES OR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE. ENTERPRISEDB DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, CONTENT, DATA, OR MATERIALS ON THE WEBSITE OR DOWNLOADED THROUGH THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THE WEBSITE OR ANY APPLICATIONS OR CONTENT PROVIDED BY ENTERPRISEDB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCORDINGLY, YOU SHOULD ALWAYS EXERCISE CAUTION IN THE USE AND/OR DOWNLOADING OF ANY SUCH APPLICATIONS, CONTENT, DATA, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISABLE OR BLOCK VIRUSES, MALWARE, AND OTHER MALICIOUS CODE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY OF THE FOREGOING AND ANY DAMAGES TO YOUR MOBILE DEVICE, COMPUTER, DATABASE, OR COMPUTER SYSTEM, ANY LOSS OF DATA, AND ANY OTHER DAMAGE OR HARM OF ANY KIND THAT MAY RESULT FROM ANY OF THE FOREGOING. ENTERPRISEDB CANNOT AND DOES NOT GUARANTEE THAT ANY DEFECTS, ERRORS OR OMISSIONS WILL BE CORRECTED, REGARDLESS OF WHETHER ENTERPRISEDB IS AWARE OF THESE DEFECTS, ERRORS OR OMISSIONS.
Limitation of Liability
IN NO EVENT SHALL ENTERPRISEDB, ITS AFFILIATES, OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND/OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF, OR RESULTING FROM, YOUR USE OF THE WEBSITE, EVEN IF ENTERPRISEDB IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EnterpriseDB may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) EnterpriseDB's rights or property, or the rights or property of visitors to or users of the Website, including EnterpriseDB's customers. EnterpriseDB reserves the right at all times to disclose any information that EnterpriseDB deems necessary to comply with any applicable law, regulation, legal process or governmental request. EnterpriseDB also may disclose your information when EnterpriseDB determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that EnterpriseDB may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.
DMCA Notice of Infringement
If you believe that the use or display of any content on the Website infringes any copyright that you own or control, please contact EnterpriseDB.s designated agent for copyright claims at:
34 Crosby Drive Suite 100
Bedford, MA 01730
When providing notification of alleged infringement of a copyright that you own or control, please provide EnterpriseDB.s designated agent the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website; (b) identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, including information reasonably sufficient to permit EnterpriseDB to locate the material; (c) information reasonably sufficient to permit EnterpriseDB to contact you, including an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you have the authority to enforce the copyrights that are claimed to be infringed; and (f) your physical or electronic signature.
Governing Law; Disputes