Terms of Use


Welcome to Kerio Technologies web site! The following terms govern your use of our web site, www.kerio.com, or related Kerio Technologies web sites (collectively, the “Site”). By using the Site, you are indicating your agreement to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use the Site as violation of these Terms of Use can lead to legal liability.

You understand and agree that we may modify the Site and the services available at it without notice, and may discontinue the Site and its services at any time. We encourage you to review these Terms of Use periodically as they may change. By continuing to use the Site after we modify these terms, you agree to be bound by such future revisions of these Terms of Use. Please read the following carefully.

We Respect Your Privacy
These Terms of Use incorporate the terms of Kerio’s Privacy Policy, found on the privacy policy page.

Guard Your Password
You must safeguard the user name and password you use to access the Site, and you are solely responsible for all activities that occur under your user name and password. You agree not to disclose or share your password with any third party. You authorize us to assume that any person using the Site with your user name and password either is you or is authorized to act for you. We will not be liable for any loss or damage you suffer arising from your failure to adequately safeguard your user name and/or password.

Your Use of the Site and Site Content
All content appearing on the Site, including without limitation all text, logos, images, user interfaces, illustrations, photographs, screenshots, icons, trademarks, computer code and other materials that Kerio Technologies and its partners make available on or through the Site (collectively “Site Content”), and the collection, arrangement and assembly of such Site Content, is the exclusive property of Kerio Technologies or its partners. Site Content is protected under copyright, trademark, trade secret, and other laws of both the United States and foreign countries.

Kerio Technologies grants you a personal, non-exclusive, limited license to access and use the Site and Site Content solely for your personal, noncommercial use. You may not modify the Site or any of the Site Content without our prior written consent. You may not sell, sublicense, reproduce (in whole or in part), distribute, display, publicly perform, prepare derivative works based on, copy, distribute, download, print, re-post or otherwise use the Site or any of the Site Content in any way for any public or commercial purpose without prior written consent of Kerio Technologies or the rights holder. You may not copy or adapt the HTML code that Kerio Technologies uses to generate the Site’s pages.

You may not use any of the Site Content on any other web site or in a networked computer environment for any purpose. You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any equivalent manual process, to access, acquire, copy or monitor any portion of the Site or Site Content, or in any way circumvent the navigational structure or presentation of the Site or Site Content, to attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You may create a hyperlink to the home page of the Site so long as Kerio Technologies believes, in its sole discretion, the link does not portray Kerio Technologies or its products or services in a false, misleading or otherwise offensive manner. You may not use our logo as part of the link without our prior written consent. In any event, you shall reproduce all our proprietary notices.

Additional Use Restrictions
You agree not to use the Site to: (i) violate any local, state, national or international law or regulation; (ii) transmit any material that is abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; (iv) transmit any material that contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (v) stalk, harass or harm another individual; (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (vii) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.

Copyright Infringement
It is the policy of Kerio Technologies to respond expeditiously to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws, up to and including blocking or removing the offending content. Kerio Technologies will terminate access for Site users who are repeat infringers.

Please direct any notices of claimed copyright infringement to:

Martin Viktora
Kerio Technologies, Inc.
111 W. Saint John Street, Suite 1100
San Jose, CA 95113
Phone: (408) 496-4500
Fax: (408) 496-6902
E-mail: copyright@kerio.com

Use of Kerio Technologies Software
Kerio Technologies makes certain software products available for download through the Site. Use of our software is governed by the terms of the applicable License Agreement. You cannot install any of our software unless you agree to the terms of its License Agreement. Each License Agreement is available for review on the Site.

Links
The Site may contain links to other web sites or resources. You acknowledge and agree that Kerio Technologies is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked web site or resource. You use the links at your own risk.

Termination
You agree that Kerio Technologies may, in its sole discretion and without prior notice, terminate your access to the Site and Site Content at any time. We would consider terminating your access to the Site and Site Content if we believe, in our sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or have violated our rights or those of another party. The provisions in these Terms of Use entitled “Disclaimer of Warranties,” “Limitation of Liability,” “Exclusions and Limitations,” “Indemnification,” “Controlling Law and Jurisdiction,” and “General Provisions” will survive termination of your right to use the Site or Site Content.

Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR SOLE RISK. KERIO TECHNOLOGIES PROVIDES THE SITE AND SITE CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. KERIO TECHNOLOGIES MAKES NO, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SITE CONTENT INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR THROUGH THE SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KERIO TECHNOLOGIES OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL KERIO TECHNOLOGIES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR SITE CONTENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA, PROFITS OR GOODWILL) ARISING FROM OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR ANY SUCH OTHER PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY FOR KERIO TECHNOLOGIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT IS LIMITED TO $100.

Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Kerio Technologies may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Kerio Technologies’ liability shall be the minimum permitted under such applicable law.

Indemnification
You agree to indemnify, defend, and hold harmless Kerio Technologies, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from (i) any information you submit, post, or transmit through the Site, (ii) your violation of these Terms of Use, or (iii) your violation of any rights of any other person or entity.

Controlling Law and Jurisdiction
These Terms of Use and the relationship between you and Kerio Technologies shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms of Use or your use of the Site shall be brought in the Federal or State courts located in Santa Clara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. You agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to these Terms of Use or the parties’ relationship.

General Provisions
You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. In the event any term or provision of these Terms of Use are in violation of or prohibited by any applicable law or regulation, such term or provision shall be deemed to be amended or deleted to conform to such law or regulation, without invalidating or amending or deleting any other terms or provisions of these Terms of Use. These Terms of Use comprise the entire and exclusive agreement between you and Kerio Technologies with respect to your use of the Site, superseding any prior agreements or negotiations between you and Kerio Technologies with respect to your use of the Site. The failure of Kerio Technologies to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

We reserve the right to make changes to the Site, our Privacy Policy and these Terms of Use at any time. Those revisions will be posted on the Site. By using the Site you agree to be bound by any such revision. Please consult the Site periodically in order to review those revisions.

These Terms of Use were last updated November 20, 2007.