FalconStor
®

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. FalconStor Software, Inc. ("FalconStor") reserves the right to amend, remove, or add to these terms and conditions at any time without notice. Such modifications shall be effective immediately. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by FalconStor and shall be of no force or effect.

1. Ownership

The websites located at http://www.FalconStor.com (the “Site”) and any subdomain, e.g., http://community.FalconStor.com are owned by FalconStor.

2. Restrictions on Use

(a) FalconStor may change or discontinue any feature of the Site, including the content, hours of availability and equipment required for access, at any time without notice.

(b) You may not copy, reproduce, republish, frame, post, upload, distribute, transmit or modify in any way all or any part of the material contained on this Site, unless expressly provided for on the Site or expressly authorized in writing by FalconStor.

(c) You may use White Papers, Case Studies, Application Notes, Tech Notes, Press Releases, Datasheets and other documents ("Documents"), provided that (1) you include the below copyright notice in all copies, (2) your use of the Documents is for personal, informational or non-commercial use only, and (3) you make no modifications to the Documents. Any other use is expressly prohibited by law.

(d) You will not do anything to damage, disable, or impair any FalconStor server. You must not transmit or attempt to transmit any data, code or other material of any kind to this Site which contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information. You may not use the Site for any unlawful purpose.

4. Copyright

Copyright © 2001-2014 FalconStor Software. All Rights Reserved.

5. Trademarks

(a) All registered and unregistered trademarks, names and logos used on the Site are used with the permission of FalconStor or the relevant third party owners.

(b) Nothing contained in or displayed on the Site should be interpreted or construed as granting any license or rights to use or distribute any names, logos or trademarks, without the express written agreement of FalconStor or the relevant contributor.

6. No Representations or Warranties; Limitation of Liability

FALCONSTOR PROVIDES THE SITE AND ALL DOCUMENTS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED. YOU AGREE THAT USE OF THE SITE AND/OR ANY DOCUMENTS OR INFORMATION CONTAINED IN THE SITE IS AT YOUR SOLE RISK. FALCONSTOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (II) THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR FREE, AND (III) THAT THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL CODE OR DATA.

THE DOCUMENTS MIGHT INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

IN NO EVENT SHALL FALCONSTOR SOFTWARE, INC., BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUE OR DATA OR INFORMATION LOSS, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY DOCUMENTS OR INFORMATION AVAILABLE ON THE SITE.

7. Hyperlinks and Third Party Material on this Site

(a) The Site contains:

(i) hyperlinks and other pointers to internet web sites controlled and operated by third parties ("Linked Sites"); and

(ii) material provided by third parties, including stock price quotes ("Third Party Material").

(b) FalconStor is not responsible for the contents of, or any hyperlink contained in, a Linked Site or the Third Party Material, and is under no obligation to monitor or filter such material.

(c) You should not rely on the Third Party Material or the information at a Linked Site without making your own independent assessment of the information, and verifying its accuracy. FalconStor is not liable for loss of any kind (whether direct or consequential) arising from the information at this Site (including Third Party Material), or a Linked Site, being inaccurate, incomplete or misleading, and is not responsible for any interpretation, opinion or conclusion you form from the information.

(d) You acknowledge that the inclusion of Third Party Material and any links from the Site does not imply any endorsement or recommendation of the Third Party Material or the Linked Site by FalconStor. If you link to, or purchase any products or services from, any such Linked Site, you do so entirely at your own risk and FalconStor is not a party to any such transaction.

(e) FalconStor exercises no control over the quality, safety or legality of the items advertised or sold and statements made through any Linked Sites. The material on any Linked Site, including product information and prices, are the responsibility of the operator of the Linked Site. Any information contained on a Linked Site is subject to change without notice by the operator of that website.

(f) Your use of a Linked Site is subject to the terms and conditions of that site in addition to these Terms and Conditions. To the extent that there is any inconsistency between them, these Terms and Conditions prevail.

(g) If you have a dispute with one or more Linked Sites, to the fullest extent permitted by law, FalconStor, its officers, directors, agents and employees are released from liability for any claims, demands and damages (actual and consequential) arising out of or in any way connected with such disputes.

8. Termination

(a) The Terms and Conditions are effective until terminated by FalconStor. FalconStor may terminate this agreement and your access to the Site at any time without notice. If this happens, you are no longer authorized to access the Site.

(b) All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms and Conditions will survive termination.

9. Governing Law

The Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without regard to its provisions on conflict of laws. You and FalconStor agree that any controversy or claim arising out of these Terms and Conditions shall be submitted to a state or federal court located in Suffolk County, New York, and you consent to the personal and exclusive jurisdiction of such courts.

10. Use of Site from outside the United States

The information on this Site and these Terms and Conditions have been prepared in accordance with the laws of the United States of America, but may not satisfy the laws of other countries. If you reside in, or access this Site from, a country other than the United States ("User Country"), you acknowledge that:

(a) if the information and these Terms and Conditions satisfy the laws of the User Country, then you are entitled to use and access the Site;

(b) if the information and these Terms and Conditions do not satisfy the laws of the User Country, then this Site is not intended for your use and you are not entitled to rely on the information contained on this Site. If you do so, you agree to indemnify FalconStor for any loss or damage which FalconStor may incur as a result.


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