These Terms of Service ("Terms") version 01 Jun 2018 govern your (“You” or “Your”) access to and use of OPSWAT, Inc. (“OPSWAT”) Portal ("Portal") A reference to “You” or “Your” means the natural person or entity acting by and through, its officers, employees, and third party consultants as a Portal user or users. A reference to “We”, “Us”, “Our” is to OPSWAT. By using and/or accessing the Portal, You agree to the Terms, and to be liable for any failure by Your employees or third party consultants to comply with the Terms.
Portal Access. OPSWAT grants You certain rights to use the Portal after You create a validated account at https://portal.opswat.com (“Account”) that uniquely identifies You by the information You provide in the registration process (“Registration Data”). Registration Data must be true, accurate, current, complete, updated. You are responsible for maintaining the confidentiality of account passwords, access designations, API keys, and liable for all activities occurring thereunder. OPSWAT will not be liable for loss or damage You incur. Unless OPSWAT otherwise agrees in writing, You cannot share or transfer, passwords and access designations. OPSWAT reserves the right, in its sole discretion to investigate and take legal action against anyone who, in OPSWAT’s sole discretion violates the Terms, and may suspend or terminate Account access if it suspects You have engaged in unlawful or prohibited activity.
Portal Features. Upon creation of Your Account, We will provide You with access to:
a. the MetaDefender Cloud API Key assigned to Your Account
b. the MetaAccess API Key assigned to Your Account
c. installers of MetaDefender on-premises products
d. Our support ticketing system and knowledge base
e. if you are an authorized OPSWAT channel partner, access to the channel partner resources
f. if you are an authorized customer (or authorized prospective customer) of OESIS Framework or AppRemover, access to these resources.
OPSWAT Reserved Rights. All rights, title, and interest in, and to, the Portal including databases, domain names, trademarks, logos, and other identification symbols are the exclusive property of OPSWAT or OPSWAT suppliers (excluding third party brand names the Portal identifies), and is protected by copyright, trademark, patent, and other intellectual property laws and treaties. Nothing in these Terms should be construed as conferring to You, by implication or otherwise, any additional rights to the property of OPSWAT or OPSWAT suppliers beyond the express, limited rights specified in these Terms.
Portal Usage Restrictions. You agree:
a. To use the Portal only for lawful purposes, in a manner which the Terms do not expressly prohibit, and in a manner that does not infringe the legal rights or interests of OPSWAT or third parties.
b. To abstain from activity designed to intentionally damage, overload, harm or impede the normal functioning of the Portal.
c. Not to use the Portal or resources we make available to You in a way intended to hinder the mission of the cybersecurity vendor industry to protect their customers from malware infection.
d. That You are either the original owner of content You submit to the Portal or You have the necessary rights and permissions to authorize Us to use Your submitted content. You agree to give Us evidence of such rights and permissions if We request.
New Features. The Portal may expose new features from time to time without prior notice. Unless otherwise specified, new features are subject to the Terms.
OPSWAT Responsibilities. We use commercially reasonable efforts to make the Portal available 24 hours a day, 7 days a week, except for: (a) planned downtime (which We give notice), and (b) unavailability caused by force majeure circumstances beyond Our reasonable control.
OPSWAT Disclaimers. Your access to, and use of, the Portal is at Your risk. You agree the Portal is provided to You "AS IS" and not guaranteed to be error free or without interruption or delay. Without limiting the foregoing, OPSWAT AND ITS AFFILIATES, AGENTS, PARTNERS, AND SUBSIDIARIES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You agree that We have no responsibility or liability for the deletion of, or the failure to store or to transmit, content and other communications maintained by the Portal.
Limitation of Liability. IN NO EVENT WILL A PARTY BE LIABLE TO THE OTHER FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, PUNITIVE, INDIRECT OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST SAVINGS, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE, EVEN IF A PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S TOTAL LIABILITY TO THE OTHER PARTY ARISING FROM OR IN RELATION TO THE TERMS, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNTS PAID BY YOU TO OPSWAT, UPON WHICH THE DAMAGES WERE BASED, DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ACCRUAL OF THE CAUSE OF ACTION. IN NO EVENT WILL A PARTY BE LIABLE FOR COSTS TO PROCURE SUBSTITUTE GOODS. THIS SECTION SURVIVES TERMINATION.
Termination. Any provision of these Terms that requires or contemplates execution after termination or expiration of the Terms shall survive, including, but not limited to Limitation of Liability, OPSWAT Disclaimers, General.
General. The Terms are the entire and exclusive agreement between OPSWAT and You regarding the Portal the Terms supersede prior and contemporaneous agreements between You and OPSWAT regarding the Portal. Our failure to enforce a right or provision of the Terms will not be deemed a waiver of such right or provision. In the event a provision of the Terms is held to be invalid or unenforceable, the remaining provisions of the Terms remain in full force and effect. The Terms are governed by and construed according to the laws of the State of California, excluding California’s choice of law principles. In the event of a dispute or claim arising out of the Terms, the parties submit to exclusive venue in, and the exclusive jurisdiction of, the federal and state courts, as applicable, located in San Francisco, California (except that a party may enforce a judgment in any court of competent jurisdiction). You agree to comply applicable laws, including export laws and regulations that restrict destinations, end users, and end use.
Attribution and Additional Rights. Portal may include files or data from OPSWAT’s suppliers which grant You additional rights specific to the files suppliers provide OPSWAT, when used separately from the Portal. Attribution of such suppliers and material terms of additional rights available to You may be found at 3rd Party EULA.
OPSWAT, the OPSWAT logo, Metadefender, MetaAccess and Metascan are trademarks or registered trademarks of OPSWAT, Inc. Trademarks not owned by OPSWAT are owned by their respective owners.
(C) 2002-2018 OPSWAT, Inc. All rights reserved.