Terms of Use

Last updated: August 15, 2015

THIS WEBSITE, www.Checkmarx.com (the “Site”), is owned and operated by Checkmarx Ltd. (“Checkmarx”, “we”, “us” or “our”). Any use of this Site or the services available on the site from time to time (“Services”), is subject to and conditioned upon your consent to and compliance with, all of the terms and conditions in this terms of use agreement (the “Agreement”) which also incorporates our privacy policy. By accessing and using the Site and/or any Services made available on it you hereby consent to be bound by this Agreement. If you do not agree with any of the terms and conditions of use, please cease any use or access to this Site and any use or access to the Services.

We may amend this Agreement at any time by posting the amended terms on the Site. Your continued use of the Site or Services shall constitute your consent to any changes made. If you do not agree to the new or different terms, you should not use the Site or the Service. This Agreement may not be otherwise amended.

THE SITE AND THE SERVICES

We provide comprehensive solutions for automated security code review and our site provides informative, educational and promotional information on our company, our products and our services. You may also view a demonstration and request a free trial of our product. We currently do not offer a direct download of our products from our site and provide our software directly to you subject to additional terms and conditions which are detailed in the end user license agreement accompanying each copy of our products.

ELIGIBILITY TO USE OUR SERVICES

This site is aimed for use by individuals who are natural persons, who are at least 13 years old and who are of sufficient legal age and capability to form a binding agreement under the laws of their domicile. You may not use the Site and the Services and may not accept this Agreement if (a) you are not of legal age to form a binding contract with Checkmarx (as determined in your domicile), or (b) you are a person barred from using the Site or the Services under the laws of the United States or other countries including the country in which you are domiciled or from which you access or use the Site and/or the Services. Subject to applicable law, Checkmarx may, in its sole discretion, refuse to offer the Site and the Services to any person or entity and change its eligibility criteria at any time.

ELECTRONIC COMMUNICATIONS

When you contact us by sending emails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email (if and to the extent you choose to provide with your e-mail address) or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

PROPRIETARY RIGHTS

The Site, the Services and the content therein are proprietary to us and/or our licensors. Any and all intellectual property rights related to the Services and the Site are and shall remain our exclusive property or our licensors. Nothing in this Site grants any license or right to use any marks displayed on this Site without the written permission of the owner of the mark. Your misuse of the marks displayed on this Site or any other content on this Site is strictly prohibited. Without derogating from any of the provisions herein, you agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the Site or the Services (or any part thereof, or any software underlying the Service), other than as expressly authorized by Checkmarx. Any and all trademarks, service marks, product names, and trade names of Checkmarx appearing on or through the Site and/or Service are exclusively owned by Checkmarx. All other trademarks, service marks, product names, and logos appearing on or through the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Service without the owner’s prior written consent. Furthermore, the site is intended for use by natural persons. Any access or use of the Site by any automated means including but not limited to spiders, bots, scrapers and the like is prohibited. Any use of any information collected by such automated means constitutes a violation of this Agreement. Any use of the Site or any parts thereof or information therein for any commercial purposes is prohibited.

COMPLIANCE WITH LAWS

Access or use of the Internet or of certain websites may be prohibited in certain territories and/or certain restrictions may apply to you in such territories. Don’t access this Site if such access is prohibited under law applicable to you. You agree that your use of the Site and Services shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law.

LINKS TO OTHER WEBSITES

This Site may contain links and references to websites of others. We may, from time to time, at our sole discretion, add or remove links to other websites. These links are provided solely for informative purposes and as a convenience to you, and access to any such websites is at your own risk. We recommend that you review the information provided by third parties (such as, but not limited to, the terms of service and privacy policy of the relevant website) before accessing such websites. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites. In no event will we be responsible for the information contained in such websites, their practices or for your use of or inability to use such websites, or transmissions received from such sites. You expressly relieve us from any and all liability arising from your use of any third-party website. We encourage you to be aware when you leave the Site, and to read the terms and conditions and privacy policy of such other website/s that you visit.

NO WARRANTY

THE SITE, AND ANY SERVICES OFFERED THROUGH IT IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER CHECKMARX, ITS SUBSIDIARIES, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
THE SITE OFFERS CERTAIN INFORMATION ABOUT THE COMPANY AND ITS PRODUCTS AND SERVICES, INCLUDING A KNOWLEDGE BASE IN WHICH THE COMPANY MAY UPLOAD CERTAIN DOCUMENTS OR PRESENTATIONS. SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO PROVIDE ANY REPRESENTATION OR WARRANTIES AS TO THE PRODUCTS, THEIR CAPABILITIES OR THEIR USE. ALL SUCH INFORMATION IS SPECIFICALLY PROVIDED IN THE DOCUMENTATION ACCOMPANYING THE COMPANY’S PRODUCTS AND SUCH DOCUMENTATION IS THE ONLY SOURCE OR REPRESENTATION AND WARRANTIES AS WITH RESPECT TO THE COMPANY’S PRODUCTS. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE THE COMPANY’S PRODUCTS’ DOCUMENTATION. CHECKMARX IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON YOUR PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE SITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT, HOWEVER ARISING. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES OR ANY MATERIALS THEREON, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES. WITHOUT DEROGATING FROM ANY OF THE FOREGOING, OUR TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT, IF ANY, IN CONNECTION WITH THE SITE, THE SERVICES OR THE AGREEMENT WILL NOT EXCEED USD $100. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN US AND YOU.

PRIVACY POLICY

Information that we collect and use about you is subject to our Privacy Policy located at http://www.Checkmarx.com/privacy. By accessing this Site you consent to the collection and use of information as described in our Privacy Policy, as may be amended by us from time to time.

GOVERNING LAW; DISPUTE RESOLUTION

The laws of New York will govern this Agreement, without regard to its conflict of law principles. Any and all legal claims, suits or actions that arise in connection with this Agreement and/or the Site or Services, claimed against us shall be brought exclusively in the courts located in New York, New York. You agree that this Site shall be deemed a passive website that does not give rise to personal jurisdiction over Checkmarx, either specific or general, in jurisdictions other than New York.

LIMITATION OF CLAIMS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

WAIVER AND SEVERABILITY

The failure of Checkmarx to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any of the provisions of this Agreement are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

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