Terms and Conditions

Updated: 8 Dec 2011

Dome 9 Security Ltd.

Terms and Conditions

Thank you for visiting Dome 9 Security’s website (respectively, “Dome9” and the “Site”). The Site makes available to you certain content for informational purposes as well as different softwares available for download from the Site and other services.

IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE, OR ORDERING OR ACCESSING THE LISTED SERVICES AND/OR SOFTWARE FROM Dome9. These terms and conditions (“Terms”) govern the use of the Site, the use and licensing of the Dome9 service(s), related software and any other related software or services) (the “Service”) and the Network Console™ software (the “Software” and together with the Service, the “Products”). BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, CLICKING THE “SUBMIT” OR “ACCEPT” BUTTONS, SIGNING, USING THE SITE OR ANY OF THE PRODUCTS OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS, YOU (HEREAFTER, “YOU” OR “YOUR”) REPRESENT AND WARRANT THAT YOU: (I) ARE AUTHORIZED TO SIGN FOR AND BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU USE THE SERVICE AND/OR SOFTWARE (THE “CONTRACTING PARTY”) AND (II) AGREE FOR YOURSELF AND THE CONTRACTING PARTY TO BE BOUND BY ALL OF THESE TERMS (INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW) TO THE EXCLUSION OF ANY OTHER RIGHTS AND OBLIGATIONS, SUCH AS ANY RIGHTS, OBLIGATIONS OR OTHER TERMS LISTED ON A PURCHASER ORDER OR THE LIKE YOU OR THE CONTRACTING PARTY MAY PROVIDE Dome9 AND YOU AGREE THAT ANY SUCH RIGHTS, OBLIGATIONS OR OTHER TERMS LISTED ON SUCH PURCHASE ORDER OR THE LIKE ARE HEREBY NULL AND VOID. IF YOU DO NOT AGREE TO THE TERMS, YOU SHOULD EXIT OUR SITE AND NOT USE OR REVIEW ANY OF THE INFORMATION THAT IS POSTED ON THE SITE NOR ANY OF THE PRODUCTS. Dome9 reserves the right, exercised in its sole discretion, to change, modify, add, or delete portions of these Terms at any time in accordance with the procedures set forth below in the section labeled “Modifications”.

  1. Use of Non-Personally Identifying Information.

    Subject to the provisions below in respect of personal identifying information, any communication or material that you transmit to Dome9 through the Site, by electronic mail or otherwise, including any data, questions, comments, suggestions and the like, is, and will be treated as, non-confidential and non-proprietary information. Please do not transmit any confidential information to or through this Site. Dome9 may use such communication or material for any purpose whatsoever including, without limitation, for disclosure, reproduction and publication. Dome9 will be free, without any compensation to you, to use any concepts or know-how contained in any communication or material that you send to our Site for any purpose whatsoever.

  2. Use of Personally Identifying Information and Privacy Policy.

    Dome9 will use your personally identifying information only for the purposes specified in its Privacy Policy. Please see Dome9’s Privacy Policy for further details on how information may be gathered by Dome9 and used on the Site. By accessing or using the Site, and or the Products you agree to the terms of the Dome9 Privacy Policy.

  3. Links.

    Our Site may be linked to third party websites. Dome9 has no control over the content or information posted on such third party websites and we do not assume any responsibility or liability therefore. Third party websites may have terms of use and privacy policies that are different from those that apply to the Site. You should refer to these third party websites’ respective privacy notices and terms of use.

  4. Registration

    To use the Products, You and/or the Contracting Party may be required to complete and submit a registration form (“Registration Form“). As part of this registration process, You and the Contracting Party agree to: (i) provide certain limited information about Yourself and the Contracting Party as prompted to do so during the registration process or thereafter (such information to be current, complete and accurate) and (ii) maintain and update this information as required to keep it current, complete and accurate. The information requested at the time of the original signup shall be referred to as registration data (“Registration Data“). You may not register for any Service if You are under 18 years of age. By registering, You and the Contracting Party represent to Dome9 that You are 18 years of age or older. If Dome9 discovers that any of Your Registration Data is inaccurate, incomplete or not current, or if Dome9 determines, in its sole discretion, that You or the Contracting Party are not an appropriate subscriber or user of the Products, Dome9 may terminate all rights to access, receive, use and license the Products, Service and Software immediately upon notice.

    Your and the Contracting Party’s assent to these Terms constitutes your express understanding and agreement that when personal data is provided to Dome9, such data will be processed in the United States. Any personal data collected from or about users or licensees in connection with the Service or Products, through the Dome9 website, or otherwise under these Terms, will be maintained and processed in the United States by Dome9 or a party acting on its behalf, as Dome9’s Services, Products and website are provided via equipment and other resources located in the United States.

  5. Passwords and Security

    5.1 As part of the registration process described above to Dome9’s Services, You and the Contracting Party must use Your email address as Your user name and choose a password for access to Your account and to Your designated computers (You should choose a password for the Service that is different from the username and password to Your computer). You and the Contracting Party agree to carefully safeguard all of Your passwords. You and the Contracting Party are solely responsible if You or the Contracting Party do not maintain the confidentiality of Your passwords and account information. Furthermore, You and the Contracting Party are solely responsible for any and all activity that occurs under Your account. You and the Contracting Party agree immediately to notify Dome9 of any unauthorized use of Your account or any other breach of security known to You or the Contracting Party, including if You or the Contracting Party believe that Your password or account information has been stolen or otherwise compromised. Access to, and use of, password-protected and/or secure aspects of the Service are restricted to authorized users only. Unauthorized individuals attempting to use the Service may be subject to prosecution.

    5.2 Dome9 is not liable for any loss incurred by You or the Contracting Party, resulting from another’s use of Your password, account, or public / private key, as may be applicable, either with or without Your knowledge. However, You and the Contracting Party may be held liable for losses incurred by Dome9 or another party due to another’s use of Your password, account, or public / private key, as may be applicable, either with or without Your knowledge. You and the Contracting Party shall not access or use someone else’s account at any time, without the permission of the account holder.

    5.3 Dome9 does not send emails asking for a user’s username and password or its Windows username and password or any other username or password. To keep the Products secure, You and the Contracting Party should keep all usernames and passwords confidential.

  6. Conduct

    You and the Contracting Party are solely responsible for the content of Your computer(s) and Your Dome9 account and any transmissions when using the Products. Dome9 does, however, reserve the right to take any action with respect to the same that Dome9 in its sole discretion deems necessary or appropriate. The use of the Products by You and the Contracting Party is subject to the Terms set forth herein and all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You and the Contracting Party agree: (i) to comply with all applicable laws, rules and regulations, including local, state, national and international laws (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising); (ii) not to post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horse, worm or other harmful or destructive component; (iii) not to use the Products for any illegal purposes; (iv) not to delete from the Products, Software, documentation or any web site used in connection with the Products, any legal notices, disclaimers, or proprietary notices such as copyright or trademark notices, or modify any logos that You or the Contracting Party do not own or have express permission to modify; (v) not to interfere or disrupt networks connected to the Service; (vi) not to use the Products to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (vii) not to transmit any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature. You and the Contracting Party will not attempt to gain unauthorized access to other computer systems or interfere with another user’s use and enjoyment of the Products. The Contracting Party agrees it is responsible for all actions and inactions of its employees and consultants and will use commercially reasonable efforts to monitor its employees and consultants.

  7. Disclaimer of Warranties

    7.1 Dome9 has attempted to provide accurate information with regard to the Site and the Products. However, Dome9 cannot guarantee that the information posted on the Site is accurate, complete or suitable for any purpose. In addition, Dome9 cannot guarantee that the content posted on this Site has not been affected by technical malfunctions or unauthorized tampering. Dome9 assumes no responsibility for the accuracy or inaccuracy of any information provided nor does it guarantee that material on the Site will be free from infection, viruses, worms, Trojan horses and/or other code that has contaminating or destructive properties. It is Your responsibility to take protective steps such as virus checking. Dome9 may alter or remove materials from the Site and may change the Products at any time without notice. Mention of non- Dome9 products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Use of the Site and/or the Products is at the Your and the Contracting Party’s risk.

    7.2 TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, THE CONTENTS OF THE SITE, AS WELL AS, ALL INFORMATION, DOCUMENTATION AND PRODUCTS PROVIDED BY DOME9 ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOME9 EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE USE OF THE SITE, THE PRODUCTS, ANY SERVICES OBTAINED THROUGH THE SITE OR ANY INFORMATION POSTED ON THE SITE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE. DOME9 MAKES NO WARRANTY THAT THE SITE AND/OR THE PRODUCTS WILL MEET YOUR OR THE CONTRACTING PARTY’S REQUIREMENTS OR THAT THE PRODUCTS AND OTHER SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE OR THAT ANY INFORMATION OR DATA RECEIVED ON OR THROUGH THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, NOR DOES DOME9 MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SITE AND/OR THE PRODUCTS. YOU AND THE CONTRACTING PARTY UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND/OR THE PRODUCTS IS DONE AT YOUR OWN RISK AND THAT YOU AND THE CONTRACTING PARTY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. BY USING THIS SITE, YOU AND THE CONTRACTING PARTY EXPRESSLY ASSUME ALL RISK THAT THE INFORMATION AND MATERIALS ON THIS SITE MAY BE INCOMPLETE, INACCURATE, OUT-OF-DATE, OR MAY NOT MEET YOUR NEEDS OR REQUIREMENTS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SITE AND/OR PRODUCTS, WHETHER MADE BY EMPLOYEES OF DOME9 OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY DOME9 FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF DOME9 WHATSOEVER.

    7.3 You will indemnify and hold harmless Dome9, its affiliates, and any of their respective officers, directors, and employees, from and against any and all damages, judgments, settlements, penalties, costs and expenses (including attorneys’ fees) paid or incurred in connection with claims due to, resulting from or arising in connection with your use of the Site, Products or other services or breach of this Agreement.

  8. Modifications

    Dome9 may amend these Terms at any time by (i) posting a revised Terms document on or accessible through https://secure.dome9.com and/or (ii) sending information regarding the Terms amendment to the email address You may be required to provide to Dome9. You and the Contracting Party are responsible for regularly reviewing the https://secure.dome9.com site to obtain timely notice of such amendments. You and the Contracting Party manifest intent to accept these amended terms if You or the Contracting Party continues to use the Site and/or any of the Products after such amended terms have been posted or sent to You or the Contracting Party. If You or the Contracting Party do not agree with any such amended terms You shall notify Dome9 during the 30 day period after such amended terms have been posted and at the end of such 30 day period these Terms shall be deemed terminated unless Dome9 agrees to waive such amended terms to which You object. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, Dome9 reserves the right to modify or discontinue any Product for any reason or no reason with or without notice to You or the Contracting Party. Dome9 shall not be liable to You or the Contracting Party or any third party should Dome9 exercise its right to revise these Terms or modify or discontinue a Product.

  9. End User License Agreement

    These end user license terms grant a right and license allowing You and the Contracting Party to use the Dome9 Software and other software associated with the Service (together, the “Licensed Programs“) under certain restrictions, terms and conditions (the “License Agreement“). You and the Contracting Party are consenting to be bound by this License Agreement by your use of the Products.

    9.1 The Licensed Programs are made available for download solely for use by You and the Contracting Party and only according to this License Agreement. Any reproduction, resale or redistribution of the Licensed Programs that is not in accordance with this License Agreement is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Dome9 is not transferring title to the Licensed Programs to You or the Contracting Party. This license may not be transferred by You or the Contracting Party to any third party and is non-exclusive.

    9.2 You and the Contracting Party acknowledge that the Licensed Programs are proprietary to Dome9 or its suppliers and are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Therefore, You and the Contracting Party agree that You and the Contracting Party are only permitted to use the Licensed Programs as expressly authorized by Dome9 and this License Agreement. No copyright notices, proprietary notices or labels, other intellectual property or legal notices or other identifying information may be removed from downloaded materials and/or the Licensed Products. You may copy the Licensed Programs for archival purposes only, provided any copy must contain all original proprietary notices. You and the Contracting Party may not alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Licensed Programs to a human-readable form. You and the Contracting Party may not reproduce (except for archival purposes), distribute or create derivative works based on the Licensed Programs without expressly being authorized in writing to do so by Dome9. Further, You and the Contracting Party may not rent, lease, grant a security interest in or otherwise transfer rights to the Licensed Programs. All rights not expressly granted in this License Agreement are reserved to Dome9 and its suppliers.

    9.3 ALL CONTENT ON THE SITE AND ON OTHER WEB SITES AND COMPUTER PROGRAMS ASSOCIATED WITH THE SERVICE, INCLUDING ITS OVERALL APPEARANCE, GRAPHICS DESIGN AND UNDERLYING SOURCE FILES ARE PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. YOU AND THE CONTRACTING PARTY MAY DOWNLOAD OR COPY MATERIAL FROM OUR SITE, ONLY FOR YOUR OWN PERSONAL, NON-COMMERCIAL USE. ANY OTHER USE IS FORBIDDEN EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION OR CONTENT ON SUCH SITES MAY BE REPRODUCED (IN WHOLE OR IN PART) IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM DOME9. YOU, THE CONTRACTING PARTY AND ANY OTHER VISITOR OR USER ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON SUCH SITES FOR ANY PUBLIC OR COMMERCIAL PURPOSE.

  10. Limitations of Damages and Liability

    10.1 YOU AND THE CONTRACTING PARTY AGREE THAT THE CONSIDERATION WHICH DOME9 IS RECEIVING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY DOME9 OF THE RISK OF YOUR AND THE CONTRACTING PARTY’S INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES. DOME9 AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCT OR SERVICE, LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DOME9 ITS AFFILIATES, EMPLOYEES OR OFFICERS BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND WHATSOEVER TO YOU, THE CONTRACTING PARTY OR TO ANY THIRD PARTY DIRECTLY OR INDIRECTLY RESULTING FROM USE OF THE SITE OR THE PRODUCTS, AS WELL AS, ANY DEFECT IN THE SITE OR RELIANCE ON THE INFORMATION CONTAINED IN THE SITE OR PRESENTED IN CONNECTION WITH THE PRODUCTS OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE SITE, THE PRODUCTS OR OTHER SERVICES, EVEN IF DOME9 OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AND THE CONTRACTING PARTY AGREE NOT TO ASSERT ANY SUCH CLAIM AGAINST DOME9 OR ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OR EMPLOYEES.

    10.2 YOU AND THE CONTRACTING PARTY EXPRESLY AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR OWN RISK. IN NO EVENT SHALL DOME9’S TOTAL LIABILITY FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER, IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO DOME9, IF ANY, FOR THE PRODUCTS DURING THE 12 MONTHS IMMEDIATELY BEFORE THE CLAIM AROSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    10.3 ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES, AND CONFIDENTIAL COMMITMENTS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW (1) ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES, AND (2) SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.

  11. Title

    Title, ownership rights and intellectual property rights in the Products shall remain with Dome9 or its suppliers, as applicable. The Products are protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Products is the property of the applicable content owner and is protected by applicable law. The licenses granted under these Terms give You and the Contracting Party no rights to such content. “Dome9″ other Dome9’s product names, associated logos, and other names, logos, icons and marks identifying Dome9’s products and services or referenced in the Site are trademarks or service marks of Dome9 or its affiliates (collectively the “Trademarks“) and may not be used without the prior written permission of Dome9. All other product names mentioned are used for identification purposes only and may be trademarks or service marks of their respective holders. Nothing should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of Dome9 or such third party that may own the trademarks. Use by You and the Contracting Party of the Trademarks except as provided in these Terms is strictly prohibited.

  12. Termination

    Dome9 may in its sole discretion immediately terminate these Terms and this subscription, license and right to use any Product if (i) the Contracting Party declares bankruptcy, is involved in any bankruptcy proceedings or is otherwise insolvent, (ii) You or the Contracting Party breach these Terms; (iii) Dome9 is unable to verify or authenticate any information You provide to Dome9; (iv) such information is or becomes inaccurate; or (v) Dome9 decides, in its sole discretion, to discontinue offering the Product. Dome9 shall not be liable to You, the Contracting Party or any third party for termination of the Service or use of the Products. Upon expiration or termination for any reason, You and the Contracting Party are no longer authorized to use the Products. When these Terms are terminated and/or the subscription is canceled, You and the Contracting Party will no longer have access to data and other material You or the Contracting Party have stored in connection with any Service and that material may be deleted by Dome9. All disclaimers, limitations of warranties and damages, and confidential commitments set forth in these Terms or otherwise existing at law survive any termination, expiration or rescission of these Terms.

  13. Maintenance and Updates

    You understand that Dome9 may update the Products at any time, but is under no obligation to inform You or the Contracting Party of or furnish to You or the Contracting Party any such updates. These Terms do not grant You or the Contracting Party any right, license or interest in or to any support, maintenance, improvements, modifications, enhancements or updates to the Products or supporting documentation. To the extent that Dome9 supplies any updates to You or the Contracting Party, such updates will be deemed to be subject to the terms of these Terms unless Dome9 indicates otherwise. Dome9 reserves the right to charge fees for any future versions of, or updates to, the Products.

  14. Indemnification

    You and the Contracting Party are responsible for maintaining the confidentiality of Your account and password(s). You and the Contracting Party are also responsible for all activities that occur under Your account. You and the Contracting Party hereby agree to indemnify, defend and hold Dome9 and its affiliates, employees, officers, directors, owners, information providers, agents, licensees, licensors (the “Indemnified Parties“) harmless from and against any and all liabilities, claims, costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any demand, claims, action, suit, or loss arising as a result of (a) any breach by You or the Contracting Party of these terms of use or claims arising from Your or the Contracting Party’s account; (b) any fraud or manipulation by You or the Contracting Party; (c) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You or the Contracting Party; or (d) any claims of credit card fraud based on any information released by You or the Contracting Party. You and the Contracting Party agree to use best efforts to cooperate with Dome9 in the defense of any demand, claim, action or suit. Dome9 reserves the right to assume the exclusive defense of any matter subject to indemnification by You and the Contracting Party at Dome9’s own expense.

  15. Confidentiality

    You and the Contracting Party shall maintain the confidentiality of information that has been, and will continue to be, provided to You by Dome9 in connection with the use of the Products. You and the Contracting Party specifically agree as follows:

    15.1 Obligations. You and the Contracting Party shall (a) maintain in confidence all such information, including but not limited to the Software and Products, (b) not disclose any such information to anyone except Your employees, agents, and consultants on a need-to-know basis (and who have been informed of and acknowledge their obligation to be bound by the terms of these confidentiality terms), and (c) not use Dome9’s confidential information for any purpose other than that for which it is disclosed. All confidential information shall remain the sole property of Dome9. You and the Contracting Party shall have no right, title, or interest in or to the confidential information.

    15.2 Confidential Information. Information considered confidential by Dome9 includes, without limitation, information of Dome9 relating to (a) matters of a technical nature such as trade secret processes or devices, know-how, data, formulas, inventions (whether or not patentable or copyrighted), specifications and characteristics of products or services planned or being developed, and research subjects, methods and results, (b) matters of a business nature such as information about costs, profits, pricing, policies, markets, sales, suppliers, customers, product plans, and business concepts, plans or strategies, (c) matters of a human resources nature such as employment policies and practices, personnel, compensation and employee benefits, (d) other information of a similar nature not generally disclosed by Dome9 to the public or other information You or the Contracting Party should reasonably believe the be confidential given the circumstances, (e) information concerning Your use of the Products, and (f) the Products.

    15.3 Exclusions. The obligations imposed by these confidentiality terms shall not apply to any information that (a) is proven by You to have been rightfully received from a third party without accompanying use or disclosure restrictions; or (b) is or becomes generally publicly available through no wrongful act of You or the Contracting Party or any other person or entity with a confidentiality obligation; or (c) is already known to You prior to the date of disclosure as evidenced by documentation bearing a date prior to the date of disclosure; or (d) is approved for release in writing by an authorized representative of Dome9; or (e) is required to be disclosed pursuant to court order, duly authorized subpoena, or governmental authority (but You or the Contracting Party shall immediately give Dome9 written notice and an opportunity to contest such required disclosure).

    15.4 Remedies. The parties agree that the remedy at law for any breach of any of the covenants and agreements set forth in these confidentiality terms may be inadequate and that, in the event of any such breach or threatened breach, Dome9 shall, in addition to all other remedies which may be available to it at law, be entitled to equitable relief in the form of preliminary and permanent injunctions without the necessity of proving damages. You and the Contracting Party further agree that the terms of these confidentiality terms shall in no way restrict or limit any other remedies Dome9 may have against You and the Contracting Party. Dome9 shall be entitled to recover the costs including reasonable attorney’s fees, to enforce its rights under these confidentiality terms.

    15.5 Return of Confidential Information. Upon the written request of Dome9, You and the Contracting Party shall return, or certify that it has destroyed, all information disclosed under these confidentiality terms and any memorandum, diagrams, or any other documents containing any information disclosed under these confidentiality terms.

    15.6 Enforceability. In the event any one or more of the provisions of these confidentiality terms shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

    15.7 Application. This Confidentiality Agreement shall control in lieu of and notwithstanding any proprietary or restrictive legends or statements inconsistent with these confidentiality terms that may be associated with any particular information disclosed hereunder.

    15.8 Surviving Obligations. The confidentiality obligations under these Terms shall survive any termination, expirations, or rescission of these Terms, as well as continue beyond any time in which You or the Contracting Party were using the Service.

  16. Miscellaneous

    16.1 These Terms represents the complete agreement concerning the subject matter of the Terms and license granted hereunder and, except as set forth herein, may be amended only by a writing executed by both parties. You and the Contracting Party understand and agree that You and the Contracting Party are solely responsible for periodically reviewing these Terms.

    16.2 These Terms shall be governed by and construed in accordance with the laws of the state of Israel, without giving effect to any principles of conflict of law. You and the Contracting Party agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or district courts located in Tel Aviv, Israel, and You and the Contracting Party hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The parties specifically disclaim applicability of (i) the United Nations Convention on the Sale of Goods and (ii) any Incoterms. If you or the Contracting Party access the Site from another jurisdiction, you are responsible for ensuring compliance with any local laws relating to access and use of the Site.

    16.3 If any of the provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

    16.4 Dome9 shall have the right to publish the identification of You and the Contracting Party as users of the Service. You and the Contracting Party agree that Dome9 may use any logo and/or name associated with You or the Contracting Party on Dome9’s web site and other marketing materials in order to identify You and the Contracting Party as Dome9’s customers.

    16.5 Notices by Dome9 to You or the Contracting Party may be sent to the email address You provide on the Registration Form or otherwise by any means that Dome9 determines in its sole discretion as likely to come to Your attention. All notices by You or the Contracting Party sent to Dome9 in connection with these Terms shall be in writing and sent by first class mail or certified mail (receipt being deemed 72 hours after postage and return receipt requested) or personally delivered at the address of Dome9 set forth herein.

    16.6 You and the Contracting Party agree not to bring or participate in any class action lawsuit against Dome9 or any of its employees or affiliates. You and the Contracting Party agree that you will not bring a claim under these Terms more than two years after the expiration of these Terms. The failure of Dome9 to partially or fully exercise any right shall not prevent the subsequent exercise of such right. The waiver by Dome9 of any breach shall not be deemed a waiver of any subsequent breach of the same or any other term of these Terms. No remedy made available to Dome9 by any of the provisions of these Terms is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and in addition to every other remedy available at law or in equity.

    16.7 You and the Contracting Party acknowledge and agree that Dome9 is in the business of providing remote access solutions and that Dome9 may provide services to third parties, including competitors of You and the Contracting Party, which are the same or similar to the services provided to You and the Contracting Party hereunder.

  17. Force Majeure

    No party shall be liable for any performance failure, delay in performance, or lost data under these Terms (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by (i) failures of Software or other computer programming, (ii) natural weather events, or (iii) any other causes beyond that party’s reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under these Terms, provided that in any such event, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.

  18. Contact Us

    If you have any questions or concerns about the Terms AS specified herein above you may contact us at contact@dome9.com

Copyright © 2011 Dome9 Security, LTD. All rights reserved.