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Terms of Use

This Legal Notice applies to all of the Websites owned and operated by DataCore Software Corporation (collectively referred to as the “Website”).

Welcome to the Website, a service of DataCore Software Corporation. Please read this Legal Notice before you use the Website. Other than content uploaded by members of the DataCore Software Community Forum, all content of the Website (defined below), including software used in connection with the Website, and materials made available through the Website are owned or controlled by DataCore or its licensors and is protected by copyright laws. By using the Website, you agree to abide by the terms of this notice. If you don’t agree to these terms, then you are not authorized to and we request that you do not use the Website. We may change the terms of this agreement from time to time, which changes will be posted to the Website. Please check website periodically for updates to this agreement. By continuing to use the Website after we post any changes, you accept and agree to this agreement, as modified.

DataCore will use reasonable efforts to include up-to-date information in the Website, but makes no representations, warranties or assurances as to the accuracy, currency or completeness of the information provided. DataCore will not be liable for any damages or injury resulting from your access to, or inability to access, the Website, or from your reliance on any information provided at the Website.

The Website may provide links or references to other sites, which are not controlled by DataCore. Accordingly, DataCore assumes no responsibility for the content of such other sites and will not be liable for any damages or injury arising from your use or reliance upon such content or your access to, or inability to access, such sites. Any links to other sites are provided merely as a convenience to the users of the Website.

Privacy

DataCore respects the privacy of our visitors to the Website. Please take a few minutes to review our Privacy Statement.

Feedback

We invite you to send in your questions or comments about the Website, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, through one of the feedback forms you will find on the Website.

Contents and Linking

The material and information that appears on the Website is for general informational purposes only. While we try to ensure that any information we post to this site is both timely and accurate, errors may appear from time to time. The Website is not necessarily updated daily, and certain information may not be the most current information available. Though we may post follow-up information and documents, and may continue to provide access to the original information and documents, as in an archive of news stories, for example, we don’t go back and change the original document to reflect new developments. If you’re looking for the most recent information on a given subject be sure you’re not looking at an out of date report. Before you act on information you’ve found on our website, you should independently confirm any facts that are important to your decision.

DataCore is not responsible for, and cannot guarantee the performance of, any products and services provided by any partners or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by DataCore or its licensors. Accordingly, DataCore assumes no responsibility for the content of such other sites and will not be liable for any damages or injury arising from your use or reliance upon such content or your access to, or inability to access, such sites. Any links to other sites are provided merely as a convenience to the users of the Website.

Although we make the Website freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the information or materials appearing on the Website. The information and materials made available through the Website are the property of DataCore, its licensors, or the information or materials’ owners, and may be protected by copyright, trademark and other intellectual property laws. DataCore authorizes you to download, view, and print a single copy of any content on the Website, solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use.

You are free to display and print for your use the information and materials you receive through the Website, but you may not otherwise use, reproduce, publicly perform or display, modify, or distribute any of the materials without the prior written consent of their owner. You may not use the Website or any content on or in connection with any other website, for any purpose, except as expressly authorized by DataCore in writing. You are free to encourage others to access the information themselves on the Website and to tell them how to find it. Requests for permission to reproduce or distribute materials found on the Website should be sent to DataCore Software Corporation, 6300 NW 5th Way, Ft. Lauderdale, FL 33309, Attention: Web and Social Media Manager.

Trademarks

DataCore, the DataCore logo, Powered by DataCore, ROI Street Smarts, SANcentral, SANcollege, SANmaestro, SANmelody, SANsymphony, SANvantage, UpTempo, Traveller, SANmotion, DataCore Insight Services are trademarks or registered trademarks of DataCore Software Corporation. All other products, services and company names mentioned herein may be trademarks of their respective owners. You may not use any trademark or service mark appearing on the Website without the prior written consent of the owner of the mark.

Copyrights

All content on the Website is owned by DataCore or by the provider of the content. Except as stated herein, none of the Website’s content may be copied, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical photocopying, recording, or otherwise, without the prior written permission of DataCore and/or the provider. Any unauthorized use of any content contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes, and other state and federal laws.

Ordering Products and Services

You may order certain DataCore products and services through the Website. All orders you make through the Website are subject to the availability, terms, and other conditions that apply to the particular products and services at the time you place your order. All products and services, their contents, availability, and pricing are subject to change at any time with or without notice.

Submissions and Postings; Disclosure

By using the Website you agree not to:

  • Submit, post or transmit any defamatory, abusive, obscene, threatening or illegal material or information, or any other material of information that infringes on the rights of others, including, without limitation, any intellectual property rights of others;
  • Access, tamper with, or use non-public areas of the Website, DataCore’s computer systems, or the technical delivery systems of DataCore’s providers;
  • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  • Attempt to access or search the Website or website content with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by DataCore or other generally available third party web browsers (such as Microsoft Internet Explorer or Google Chrome);
  • Send unsolicited email, junk mail, “spam”, or chain letters, or promotions or advertisements for products or services;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website or website content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or website content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website; or
  • Impersonate or misrepresent your affiliation with any person or entity.

You are solely responsible for any information and material that you submit or post on the Website. DataCore retains the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. DataCore further reserves the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and website security issues, to the fullest extent of the law. DataCore may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.

We reserve the right (but assume no obligation) to delete, move, or edit any submissions or postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. You agree to waive any legal or equitable rights or remedies you have or may have against DataCore for the deletion, moving, editing, or removal of your submissions and postings.  We will comply with all requirements of the law regarding disclosure of any submissions or postings on the Website to others, including law enforcement agencies. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of the Website.

You may not post or submit any copyrighted materials or other proprietary materials without obtaining all necessary permissions and consent from the copyright holders.  DataCore’s policy is to terminate, in appropriate circumstances, the accounts of users that are repeatedly accused of violating the copyrights or other intellectual property rights of others.  If you believe any material or information posted on a DataCore website infringe your copyright or any other intellectual property rights, please contact DataCore at info@datacore.com and provide the following information in your email:

  • A description of the allegedly infringing information or material, including any available link(s) to such information or material;
  • A description of the allegedly infringed information or material that is protected by copyright or other intellectual property rights;
  • Contact information sufficient to contact you regarding the submitted notice;
  • A statement that you are or are acting on behalf of the copyright holder and have a good faith belief that the disputed use is not authorized by the copyright owner, it agent, or under applicable laws.

We reserve the right (but assume no obligation) to delete, move, or edit any submissions or postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure of any submissions or postings on the Website to others, including law enforcement agencies. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of the Website.

All information and material you submit or post on the Website may be used, reproduced, modified, and distributed by DataCore, at DataCore’s sole discretion.  You grant DataCore a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, publicly display and perform, reproduce, modify, and distribute all information and material that you submit or post to DataCore or on the Website. However, DataCore will not use, reproduce, modify, perform, modify or distribute information you submit or post to DataCore or the Website if it would violate the terms our Privacy Policy.

You acknowledge and understand that any information and material posted or submitted to a publicly accessible section of the Website, including, but not limited to the DataCore Software Community Forum, will be accessible to users of the Website.  DataCore does not assume and disclaims responsibility for the use by users or any other third parties of information or material that you post or submit to a publicly accessible section of the Website.

Links

The website may contain links to other websites or resources. You acknowledge and agree that DataCore 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 websites or resources. The inclusion of any link on the Website does not imply that we endorse the linked site. You use the links at your own risk.

Indemnification

You agree to indemnify, defend, and hold harmless DataCore (including all of its officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of this agreement, unauthorized use of the Website, or claims arising from your submission or posting of any information or materials on the Website. Your indemnification obligation shall survive the termination of this agreement.

Disclaimer of Warranties and Liability

YOU AGREE THAT YOUR USE OF THE WEBSITE AND ANY CONTENT OR MATERIALS CONTAINED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO MESSAGES AND SOFTWARE POSTED IN THE SOFTWARE COMMUNITY USER FORUM, IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE WEBSITE OR ANY MATERIAL AVAILABLE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE.

THE WEBSITE AND ALL CONTENT AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE IS PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” DATACORE AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL DATACORE OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OR MISUSE OF THE WEBSITE OR THE CONTENT OR MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT DATACORE’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS OF USE SHALL IN NO EVENT EXCEED $100. THE LIABILITY LIMITATIONS SET FORTH IN THESE TERMS OF USE SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THESE TERMS OF USE OR THE INVALIDITY OF ANY OTHER PROVISION.

Data Rights

DataCore may collect and track information about you and your use of the Website. To the extent that personal data within the meaning of the European Union’s General Data Protection Regulation (EU) 2016/679 (“GDPR”) is collected by the DataCore, the DataCore European Data Protection Provisions available through the following link [https://info.datacore.com/resources/legal/dpa.pdf] shall apply and hereby incorporated into these terms by reference shall apply.

Governing Law

These Terms of Use will be governed by and construed in accordance with the laws of the State of Florida U.S.A., excluding the United Nations Convention on Contracts for the International Sale of Goods, and without regard to principles of conflicts of law. You hereby consent to the exclusive jurisdiction of the state and federal courts of Broward County, Florida U.S.A.

Miscellaneous

To obtain access to certain services on our website, you may be required to register. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. DataCore reserves the right to reject or terminate any user name that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account. You authorize us to assume that any person using the Website with your user name and password either is you or is authorized to act for you. By using the Website, you agree to abide by the terms as discussed above. We hope you enjoy using the Website, and we welcome suggestions for improvements. Any rights not expressly granted herein are reserved.

Contact info@datacore.com for further information.

Effective: May 15, 2019