My.Protegrity Portal Terms and Conditions
Overview:
Welcome to the My.Protegrity Portal (“Portal”). This Portal is operated by Protegrity USA, Inc., its parent and affiliates (“Protegrity”) for use by customers of Protegrity (“User” or “you”). By use of this Portal, you fully acknowledge that you have read, understood and agree to be bound by these terms and conditions, as may be modified from time to time (the “Agreement”). If User does not agree to be bound by the terms and conditions of this Agreement as it relates to the Portal, User will not receive access to and is not authorized to use the Portal.
Content and Use of the Portal:
Protegrity may provide you, or you may receive access to Protegrity-related tools, software, information and/or materials related to Protegrity products and services (the “Information”). Protegrity grants User a limited, non-exclusive, non-transferable, non-sublicensable right and license (the “License”), while this Agreement is in effect, to access and use the Portal in accordance with this Section and Agreement. All Information shall remain the property of Protegrity.
If you are utilizing this Portal to access and download software purchased from Protegrity (the “Software”), you agree to only download the Software to which you were granted a license and agree to use the Software in accordance with such rights, license metrics and usage metrics granted to you under such agreement for the respective Software (the “End-User Agreement”).
Should you receive access to any of Protegrity’s documentation, you agree to use such documentation only in connection with your use of the Software. Protegrity retains full ownership of all such documentation and all intellectual property therein.
You will not and will not permit any third party, as solely determined by Protegrity to: (a) use the Software in violation of other’s rights (including any intellectual property rights) and/or (b) reverse engineer, decompile, or otherwise attempt to derive source code from the Portal or products on the Portal.
Only authorized Users shall be allowed to use the Portal and you agree that you will not share your password or provide access to your account for the Portal to anyone, including but not limited to third parties or any other authorized User.
You represent and warrant that any and all information you provide to Protegrity through the Portal, including but not limited to information relating to support requests and contact information shall be true, complete and accurate and you acknowledge that failure to provide such true, complete and/or accurate information to Protegrity may result in Protegrity’s delay or inability to provide support or assistance to you.
This Portal is not intended to and does not extend the rights beyond those granted to you under the End-User Agreement.
The License and this Agreement shall automatically terminate in the event that you are no longer a customer of Protegrity, or your license term to use the Software provided under the Portal pursuant to the End-User Agreement is no longer valid or in effect.
Collection of Information:
Please refer to Protegrity’s Legal/Privacy Notice at https://www.protegrity.com/legal-privacy-notice/ for details relating to the information that Protegrity collects, how such information is secured, and the rights to which you are afforded. The full terms and conditions of Protegrity’s Legal/Privacy Notice hereby are incorporated and made a part of this Agreement.
Links to Third Party Sites:
The Portal may contain links to third-party websites, which are provided solely for your convenience and information. Accessing these links will cause you to leave the Portal. Protegrity does not endorse or make any representations about such third party websites, and Protegrity is not responsible for the accuracy, reliability and suitability of any information, data, opinions, advice or statements made on those websites. Protegrity does not control those websites and holds no responsibility over the contents of any third-party websites. Further, Protegrity shall not be held liable for any losses or damages incurred by users of these third-party websites and your use of these third-party websites are at your own risk, liability and discretion.
Cookies:
A “cookie” is a small piece of data stored on a user’s browser and contains non-personally identifiable information about the user. When you visit the Portal, Protegrity may place a “cookie” on your browser in order to improve your experience by recognizing when you visit the website in order to allow Protegrity to optimize the information presented based on your demonstrated areas of interest. Cookies may also be used to compile information about website usage. This information can be used to enhance the content of the website and make your experience more informative. If you subsequently provide us with Personal Information, we will associate any cookies on your browser with that information such that you will no longer be an anonymous visitor to the Portal, unless otherwise requested by you.
Feedback:
You acknowledge and agree that any comments, suggestions, modifications, improvements, ideas or similar feedback (collectively, “Feedback”) provided by you through any and all use of the Portal is provided voluntarily and Protegrity shall own all rights, title and interest in and to such Feedback.
Trademarks:
All trademark, service marks, copyrights, trade names, trade logos and images are registered and/or common law trademarks and service marks of Protegrity shall remain Protegrity’s property.
Disclaimers:
THE PORTAL AND INFORMATION THEREWITH IS PROVIDED “AS IS” AND, TO THE EXTENT PERMITTED BY LAW, PROTEGRITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROTEGRITY SHALL NOT BE LIABLE TO USER FOR ANY DAMAGES OR CLAIMS RELATED TO THE PORTAL, INCLUDING BUT NOT LIMITED TO DIRECT, INCIDENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF INABILITY TO USE THE PORTAL OR ANY MATERIALS, SOFTWARE, INFORMATION OR SERVICES ACCESSED ON OR THROUGH THE PORTAL, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF USER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF (OR SHOULD HAVE KNOWN) THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
Protegrity further disclaims and does not represent or warrant that the Portal will operate without interruption, errors, defects, bugs or viruses, or that any such defects on the Portal will be corrected.
You acknowledge that your use of the Portal is strictly voluntary and your participation has not been required by Protegrity.
Confidentiality:
In connection with this Agreement, a party may have access to or is exposed to information of the other party that is not generally known to the public and is Confidential Information. The receiving party will keep all Confidential Information strictly confidential, using at least the same degree of care as the receiving party would use to protect its own confidential information, but no less than reasonable care. The receiving party may use Confidential Information of the disclosing party only for the purposes identified in this Agreement and may disclose such Confidential Information only to its employees, agents or consultants on a “need to know” basis only, have been advised of and agree to abide by the confidentiality obligations related to the Confidential Information.
“Confidential Information” shall mean any information, whether written or verbal, which has been, or after the date hereof will be, furnished or disclosed by the disclosing party or its employees, consultants or agents, including any information pertaining to or regarding the business, financial condition, sales, strategies, plans, customers, suppliers, properties and operations of the disclosing party, including without limiting the generality of the foregoing, all technical information of any nature whatsoever and all techniques, marketing plans, market analyses, financing plans, time lines for implementation, inventions, trade secrets, know-how, discoveries, software, computer programs, processes, drawings, designs, research, plans or specifications relating thereto.
Confidential Information shall not include information that is: (a) already known by or available to the receiving party at the time of disclosure, except where such knowledge or availability is the result of unauthorized disclosure by a party obligated to nondisclosure; (b) independently generated by the receiving party and not derived from the Confidential Information supplied by the disclosing party; (c) generally known or available to the public, except where such knowledge or availability is the result of an unauthorized disclosure by the receiving party; (d) disclosed to the receiving party without a similar restriction by a third party who has the right to make such disclosure; or (e) required to be disclosed by the receiving party by law, regulation, court order or other legal process; provided, however, that in such event the receiving party shall to the extent legally permissible notify the disclosing party of such disclosure in writing in advance of any disclosure and legally resist disclosing the Confidential Information.
Indemnification:
User agrees to indemnify, defend and hold harmless Protegrity and its employees, agents, affiliates, officers and directors from and against any and all claims, demands, liabilities, damages, losses, costs of expenses arising out of or related to User’s improper access, use or violation by User of the terms and conditions of this Agreement.
Severability:
If any portion of these terms and conditions of this Agreement are held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect.
Terms of Use:
Protegrity may, at its sole discretion at any time and without notice to User, update, modify, or change the terms and conditions of this Agreement, as well as any aspect or feature of the Portal.
Applicable Law:
By accessing this Portal, User agrees that these terms and conditions and User’s use of the Portal is governed and interpreted solely pursuant to the laws of the state of Delaware, United States, without respect to conflict of law principles therewith.
