Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
This website located at www.zenprise.com (the "Site") is provided by Zenprise, Inc. ("Zenprise") for informational purposes only. By using the Site or downloading information or materials from the Site, you agree to abide by all of the terms set forth below (the "Terms of Use").
The content of the Site relates to products and services offered by Zenprise. This content is for your general educational information only and is not intended to provide investment or technical advice. This Site is not intended to provide instruction on the appropriate use of products that are being developed or produced by Zenprise or its affiliates, related companies, licensors or partners.
Changes to the Terms of Use
These Terms of Use were last updated on August 17, 2004. Zenprise reserves the right, at its sole discretion, to change, update, add or remove any portion of these Terms of Use at any time by posting the changes to the Terms of Use on the Site, which will be effective immediately. Please review the Terms of Use each time you visit the Site. Your continued use of the Site after any changes to the Terms of Use are posted will be considered acceptance of such changes.
Intellectual Property Rights - Limited License
Zenprise grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the information and materials provided on the Site (collectively referred to as "Information") for personal and non-commercial purposes only pursuant to the terms and conditions of the Terms of Use. Title to the Information remains with Zenprise or with the respective authors of such Information at all times.
Zenprise authorizes you to view and download the Information only for your personal, non-commercial use. This authorization is not a transfer of title in the Information or any copies of the Information and is subject to the following restrictions: 1) you must retain, on all copies of the Information downloaded, all copyright, trademark, logo and other proprietary notices contained in the Information; and 2) you may not modify the Information in any way or reproduce or publicly display, distribute or otherwise use the Information for any public or commercial purpose. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Site, including all Information, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Information. Except as expressly provided herein, Zenprise does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
"Zenprise" is a registered trademark of Zenprise, Inc. Zenprise owns the names used for the products and services on the Site, and these names are protected by United States and foreign trademark laws. An ® following a name on the Site indicates that the trademark has been registered in the United States. A ™ following a name on the Site indicates that it is an unregistered trademark. All other trademarks are the property of their respective owners. You agree not to display or use Zenprise's logos, trademarks or service marks in any manner without our prior written permission.
You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Under no circumstances may you "frame" the Site or any of its content or copy portions of the Site to a server. If you use the Information or the Zenprise logos, trademarks or service marks in a way that is not clearly allowed by these Terms of Use, you are violating these Terms of Use and may be violating copyright, trademark, and other laws. In that case, Zenprise automatically revokes your permission to use the Site. All rights not expressly granted herein are reserved by Zenprise.
Submission of Information
You agree not to send any confidential or proprietary information to Zenprise via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Zenprise will not be considered confidential or proprietary. By providing any such information or materials to Zenprise, you grant to Zenprise an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display, publish, transmit and distribute such information and materials, and you further agree that Zenprise is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Zenprise via the Site. You further understand and acknowledge that Zenprise does not want you to, and you warrant that you shall not, provide any information or materials to Zenprise that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary information or material of any other party. Any personally identifiable information you may provide to Zenprise via the Site is protected by the [NOTE: Insert link to Privacy Policy] associated with the Site.
Third Party Links
The Site may contain links to websites not operated by Zenprise. These links are provided for your convenience, but we do not review, control, or monitor the materials on any other websites. Zenprise makes no warranty or representation regarding, is not responsible for, and does not endorse, any linked websites or any information appearing on, products or services described on, or security or privacy practices employed by such linked websites. Links do not imply that Zenprise or the Site sponsors, endorses or is affiliated or associated with the entities operating the linked websites, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of Zenprise.
Disclaimer and Limitation of Liability
THE SITE AND THE INFORMATION MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL OR OTHER ERRORS. ZENPRISE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR ANYTHING ON THE SITE OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, DISTRIBUTED OR ACCESSED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. ZENPRISE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. ZENPRISE MAY MAKE ANY OTHER CHANGES TO THE SITE AND THE INFORMATION AT ANY TIME WITHOUT NOTICE.
ZENPRISE PROVIDES THE SITE AND ALL CONTENT, INFORMATION, AND DATA CONTAINED THEREIN ON AN "AS IS" BASIS, AND WE EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT IN NO EVENT SHALL ZENPRISE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO ANY PERSON OR ENTITY UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) RELATED TO YOUR USE OR INABILITY TO USE THE SITE OR THE INFORMATION, CONTENT OR FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF ZENPRISE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You may terminate your obligations under these Terms of Use at any time by terminating your access to and use of the Site. Your sole and exclusive remedy under these Terms of Use is to terminate these Terms of Use and to discontinue accessing and using the Site if we breach these Terms of Use or if you are dissatisfied with the Site or with any term or condition of these Terms of Use.
Indemnity
If you violate these Terms of Use or the Privacy Policy in a way that causes harm to others, you agree to indemnify, defend, and hold harmless Zenprise and its offices, directors, employees, agents and suppliers against any and all claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on, or in connection with your access and/or use of the Site or any link to or from the Site.
Site Availability and Changes
The Site may be unavailable from time to time due to mechanical, technical, software, hardware or third party vendor failures, updating or construction. Zenprise cannot predict or control when such downtime may occur and cannot control the duration of such downtime. Zenprise may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Zenprise may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Zenprise may terminate the authorization, rights and license given above at any time, and, upon such termination, you agree immediately to destroy all Information.
International Users and Choice of Law
The Site is controlled, operated and administered from offices within the United States of America. Zenprise makes no representation that any of the Information is appropriate or available for use at locations outside of the United States. Access to the Site or the Information from territories where the content of the Site is illegal is prohibited. You may not use the Site or export the Information in violation of U. S. export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws, rules and regulations.
These Terms and Conditions of Use and the Privacy Policy shall be governed by the laws of the State of California, U.S.A., without giving effect to its conflict of laws provisions. You agree and irrevocably consent to the exclusive and sole jurisdiction of and venue in the courts located in Santa Clara County, California. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Contact Information
If you have any questions about these Terms of Use, please use the Contact Us page. We welcome any questions and suggestions about our Terms of Use.
Zenprise, Zenprise MobileManager, and ZenPro are registered trademarks and Zencloud is a trademark of Zenprise Inc. All other trademarks are trademarks of their respective holders.