Terms of Service

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Terms of Service

FireMon develops and offers a software-based cloud security solution, for data protection and access management, for all kind of enterprises. “FireMon” means FireMon Acquisition Company Ltd. and its subsidiaries or affiliates involved in providing the Services (as defined below).

The services (currently branded as ‘40Cloud’) offered by FireMon include a website – www.40Cloud.com (“Website”) and a set of software components provided by FireMon in a software-as-service (SaaS) model (“Application”). The Application includes a software agent installed on the Users’ (virtual or physical) cloud servers, by FireMon or the Users themselves (on a third party Cloud or hosting infrastructure, or on the users’ own servers), FireMon ’s software gateways allocated to the Users by FireMon or installed by FireMon or the Users themselves, and a web management console provided by FireMon to its Users via the Website, for the purpose of service configuration and monitoring. The Website and Application as well as widgets and other features or content and/or any support, maintenance and other professional services, as now offered and/or may be offered in the future, in connection with the Website or the Application, are collectively referred herein as the “Services”. These Terms of Services (“Terms”) set the legally binding terms for using the Services.

IF YOU HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH FIREMON FOR THE PROVISION AND USE OF THE SERVICES (“SEPARATE AGREEMENT”), THE TERMS AND CONDITIONS OF SUCH SEPERATE AGREEMENT SHALL PREVAIL OVER ANY CONFLICTING TERMS OR CONDITIONS IN THESE TERMS.

1. General

1.1. Acceptance of Terms
By accessing and using the Services, whether as a visitor browsing the Website without registration (“Visitor”), or as a user, that have been registered to the Services (“User”) (Visitor and User collectively referred as “You”), You agree to be bound by these Terms. If You do not agree to any of the provisions as set forth in these Terms, You have no right to use the Services or any part thereof. If You are acting on behalf of an organization and/or a company and/or any registered or unregistered entity (together, “Organization”), You represent that you are authorized to act on behalf of such Organization and that Your acceptance of these Terms creates a legally enforceable obligation of the Organization. As used herein, “You” and “Your” refer to you and any Organization on behalf of which you are acting.

1.2. Eligibility to Use the Services
By using the Services, You represent that: (a) You are the age of majority in Your jurisdiction; (b) Your use of the Services does not violate any applicable law or regulation; (c) all information that You submit or post in order to use the Services is accurate (including without limitation, any registration information pursuant to Section 3 below), and You will maintain the accuracy of such information at all times. If FireMon is informed or has reason to believe that You are not eligible to use the Services or that You become ineligible or that the information you provided to FireMon is not accurate, Your use may suspended or terminated without prior notice, and Your account may be suspended, blocked and/or deleted, at FireMon ’s sole discretion.

1.3. Modifications of Terms
FireMon reserves the right to change, add to, delete portion of or otherwise modify, from time to time, at its sole discretion, these Terms and/or the terms of its Privacy Policy (as defined below). Posting the modified Terms and/or Privacy Policy on the Website will give effect to its revised terms within 10 days as of such posting, unless earlier accepted by You. Thereafter any continuing use of the Services by You will constitute Your expressed agreement to abide by the revised terms.

1.4. Changes in the Services
Notwithstanding anything to the contrary, FireMon reserves the right to suspend, discontinue, modify, or remove any Services offered from time to time, without prior notice, without reason or liability, and/or to offer certain services only in various versions or in selected times, based on FireMon ’s sole discretion.
In addition, FireMon expressly reserves the rights to charge You, in the future, for services which are currently available for free. FireMon will not charge You for using the Services, before receiving Your consent, however FireMon reserves the right to terminate Your account with FireMon and cancel Your registration for the Services, in whole or in part, should You refuse to provide such consent and payment if and when so required.

2. The Services

2.1. Provision of the Services
FireMon shall choose, in its sole discretion, the equipment, tools, system, software and hardware to be used in order to provide You with the Services. The Services shall be provided through FireMon ’s servers and/or third party’s external servers or cloud services used by FireMon , to be determined by FireMon in its sole discretion.
Support services in connection with the Services may be provided to You by FireMon via email/forum/chat/telephone, from time to time, at FireMon ’s sole discretion and subject to the terms set forth herein. Without derogating from any provision herein, any support services provided to You by FireMon are provided “as is” and on an “as available basis” and any implementation thereof by You shall be made at your own risk and responsibility.

2.2 Fees for the Services; Terms of Payment
Certain Services (“Chargeable Services”) may be subject to Your payment to FireMon of applicable charges, fees and other amounts due under these Terms (collectively – “Charges”), when due.

Unless otherwise is explicitly agreed between You and FireMon , the Charges for the Chargeable Services shall be as stated in FireMon ’s then in effect price list, as appears in the Website. Without derogating from the provisions of Section 1.4 above, Forty Cloud may change the Charges in effect, the terms of payment, the Payment Methods (as defined below) and the nature of Chargeable Services, at any time and from time to time, at its sole discretion. Such change will come into effect as of the next date due to such Charge.

IF YOUR ACCOUNT IS SET TO AUTO RENEWAL, OR IS IN A TRIAL PERIOD, FIREMON MAY AUTOMATICALLY CHARGE AT THE END OF THE TRIAL, OR FOR THE RENEWAL, UNLESS FIREMON RECEIVES A WRITTEN REQUEST FROM YOU ACCORDING TO WHICH YOU WISH TO CANCEL OR DISABLE SUCH AUTO RENEWAL.

Unless otherwise is explicitly agreed between You and FireMon , Charges for the Chargeable Services may be paid by credit card or other payment method then accepted by FireMon (“Payment Method”). FireMon shall apply any due Charges according to the Payment Method provided by You (upon registration to the Services as further described below, or otherwise). By providing a Payment Method for the Chargeable Services, You expressly agree and authorize FireMon to charge You any with Charge when it becomes due.

IT IS CLARIFIED THAT NOTHING IN THESE TERMS SHALL OBLIGATE FIREMON TO EXTEND CREDIT TO ANY PARTY.
SUBJECT TO THE TERMS SET FORTH HEREIN, AND TO ANY APPLICABLE LAW, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIAL-MONTH PERIODS OR NON-PARTICIPATON OR UNUSED SERVICES.

Unless otherwise is explicitly agreed between You and FireMon , FireMon will charge You the Charges through the Payment Method on a monthly basis or annual basis, at the beginning of any calendar month or at the beginning of any given year, as applicable, with respect to the Services to be rendered to you during such month or such given year, as the case may be. Late payments shall bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are inclusive of all taxes. You shall be responsible for paying all reasonable expenses (including attorney’s fees) incurred by FireMon in collecting late amounts. FireMon reserve the right to take all steps necessary to collect amounts due from you, including but not limited to taking any legal action and/or using third party collection agencies. Without derogating from the aforesaid, FireMon reserve the right to suspend, discontinue or terminate the provision of any Services to You for any late payments. If you dispute a billing Charge, to avoid interruption of the Services you must (a) pay the entire amount invoiced to You by its due date and (b) notify FireMon about the disputed billing Charge within thirty (30) days. If FireMon , at its discretion, validates Your Claim, Your account will be credited with the validated amount. Any dispute received by FireMon following the said thirty (30) days shall be deemed as irrevocably waived.

2.3 Refunds
In the event that FireMon receives from You a notification of any failure in the Services, pursuant to which You are completely or substantially unable to use the Services, and, in which case, FireMon believes (in its sole and absolute discretion) that such failure was not caused by, or is not related to any third party service provider and/or to You (“Severe Malfunction”), FireMon will use commercially efforts to repair such Severe Malfunction within reasonable time as of Your first request. In the event that FireMon fails to repair such Severe Malfunction, FireMon may suspend or terminate Your use of the Services and provide you with a pro-rata refund of pre-paid fees for the Services as the sole and absolute remedy by FireMon to You with respect thereto.

3. Registration to the Services; User Account

3.1. Registered Users
Certain Services require registration in order to be able to use certain functionalities. FireMon reserves the right to decide which functionalities require registration or will require registration in the future.

3.2. Registered User’s Information
The registration process may require You to provide information regarding, but not limited to, Your full name, e-mail address, phone number, as well as the name, number and other basic information of the Organization on behalf of which You are acting, and/or any other information FireMon deems as necessary. By registration to the Services as a registered User, You represent and warrant that all registration information You submit is accurate and truthful, and that You agree to update and maintain the accuracy of such information at all times. You further represent and warrant that Your use of the Services under the registered account shall not violate any applicable law or regulation. FireMon reserves the right to suspend or terminate the account or refuse any or all use of the Services of a registered User, if registration information submitted seems (in FireMon ’s sole discretion) proves to be false, inaccurate or incomplete. The registration process also requires You to enter user name and password. FireMon will, in accordance with its Privacy Policy, keep Your user name and password confidential, however, You are responsible for maintaining the confidentiality of Your user name and password and for logging out of Your account at the end of each session. You are solely responsible for any and all activities that occur under your account.

If You become aware of any unauthorized use of Your user name and/or password and/or of Your account, or any other breach of security, You will notify FireMon immediately.
Registration of more than one account for the purpose of avoiding additional fees and/or any other unauthorized purpose is prohibited.

4. Proprietary Rights

4.1. FireMon ’s Proprietary Rights
FireMon owns and retains the entire title, rights and/or interest in and to its technology, Website, Application and/or any of the Services (and/or or any part thereof) and any and all intellectual property rights related and associated therewith, including any improvements, specifications, work products, updates, upgrades, error-corrections or other modifications thereof. FireMon ’s Website, Application and/or other Services, contain technology, data, ideas, know-how, trademarks, trade secrets, inventions, copyrights and other proprietary information of FireMon and its licensors. You are not granted with any rights in or to the Website, the Application and/or any of the Services. You shall have no right in the intellectual property associated or related to the Website, the Application or any other part of the Services and nothing herein should be inferred as granting such rights to You.
Without derogating from the generality of the above, it is hereby clarified that all content, codes and/or other work products generated through, produced by or otherwise related to or associated with FireMon ’s Website, the Application and/or any of the Services, including without limitation, any scripts, codes, formulas, reports, notes, records, charts, analyses, lists and any other documents, material or work products (in any media whatsoever), shall be the sole property of FireMon and You shall not have any right in connection therewith.

4.2. Third-Party’s Software and Services
In order to provide You with the Services, FireMon may utilize, include in the Services, install in your machine, distribute to You and/or otherwise make available to You certain third-party software, components, cookies and/or libraries which are subject to open source license and/or to other third-parties license terms (“Third Party Software”). Without derogating from the generality of the above, (i) as You navigate in FireMon ’s Website and while using the Services, certain Third Party Software required for the provision of the Services by FireMon , may be automatically downloaded to Your machine; and (ii) You acknowledge and agree to the use by FireMon of such Third Party Software in the Application, when being installed on the third party’s servers being used by You.

You acknowledge and agree that Your right to use such Third Party Software in connection with the Services is subject to and governed by the terms and conditions of the open source or third-party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or Third Party Software license, the terms of the applicable Third Party Software license shall prevail with regard to Your use of the relevant Third Party Software. Other than the applicable Third Party Software, in no event, shall the Website, Application and/or any of the Services be deemed to be “open source” or “publicly available” software.

5. Right of Use the Services; Unauthorized Uses

5.1. Limited License, Permitted Uses
You are hereby granted with a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Website, the Application and/or any other Services provided to You by FireMon , strictly in accordance with these Terms, the Privacy Policy and/or any other agreement between you and FireMon , and solely for internal, personal, non-commercial purposes.
This license does not include any right to perform collection, aggregation, copying, duplication, display or derivative use of the Website, the Application and/or any other Services, nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose. You are not allowed to use any software, scripts or automated agents and bots in a manner intended to mine data from the Website, the Application and/or any other Services and/or to generate multiple accounts.

You will not, and You will not allow any third party to: (i) copy, modify, adapt, translate or otherwise create derivative works of FireMon ’s technology, Website, Application and any of the Services and/or the work products thereof; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of FireMon ’s technology, Website and/or Application and/or the work products of the Services; (iii) rent, lease, sell, assign or otherwise transfer rights in or to FireMon ’s technology, Website, Application and/or any of the Services; (iv) remove any proprietary notices or labels on FireMon ’s technology Website, Application and/or the work products thereof; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of FireMon ’s technology, Website, Application and/or any of the Services; (vi) access (or attempt to access) the administrative interface of the Services by any means other than through the interface that is specifically provided to You by FireMon in connection with the Services, unless You have been explicitly allowed to do so in the Separate Agreement; or (v) engage in any activity that interferes with or disrupts any of the Services (or the servers and networks which are connected to the Services).

You may not access the Website, Application and/or any other Services for the purpose of bringing an intellectual property infringement claim against FireMon or for the purpose of creating a product or service which may be, directly or indirectly, competitive with the Website, Application and/or any other Services.
You will comply with all applicable laws and regulations in Your use of and access to FireMon ’s Website, Application and/or any other Services.

5.2. Restrictions on Offensive or Illegal Use
FireMon strictly prohibits the use of the Services or any of its functionalities for offensive, illegal or harming purposes. You agree not to use the Services to create, edit, post, upload, transmit or otherwise provide any content, information and/or data that is harmful, unlawful, obscene, libelous, racist, hateful, or criminal or that violates the privacy of others or any other illegal, offensive or inappropriate content. You agree to abide by all applicable local, state, national and international laws and regulations, including but not limited to, any laws regarding the export of data or software. You are and shall remain solely responsible for all acts or omissions that occur under Your account, including, without limitation, in connection with the content, information and/or data that you create, edit, post, upload, transmit or otherwise provide through the Services.
Without derogating from the above, in the course of Your use of the Services You are prohibited from performing any activity that FireMon determines, in its sole discretion, to constitute network abuse.

FireMon reserves the right to remove any content, information and/or data created, edited, posted, uploaded, transmitted or otherwise provided by You which deems to be in contrast with any of terms set forth herein, in FireMon ’s sole discretion, and/or to take action against User who uses the Website, the Application and/or any of the Services (or any of its functionalities) for offensive, illegal or harming purposes or otherwise not in full compliance with this Terms, including, but not limited to, suspending any or all use of the Services, in any way or manner, or terminating the User’s account.

6. Content

6.1. Source and Accuracy of Content
All data, information and/or content that You create, edit, post, upload, transmit or otherwise upload via or with the intervention of FireMon Services, and any information and/or content to which You choose to access via or with the intervention of FireMon Services (Collectively referred as “Content”), is at Your sole responsibility. FireMon does not control, and is not responsible for the Content. FireMon makes no representation or warranty as to the Content, including with respect to the accuracy, completeness or authenticity thereof. You acknowledge that FireMon does not pre-screen, monitor, endorse or approve the Content. You must evaluate, and bear all risks associated with the use and/or distribution and/or the provision of such Content. Without derogating from the above, FireMon may (but is not obligated to) review and remove and/or restrict any kind of use (including restriction from uploading and/or accessing) of any Content that, in its sole discretion, is illegal or inappropriate, or otherwise violates these Terms.

You agree and undertake that any and all Content shall be in full compliance with any applicable law or regulation and shall not violate any agreement or rights of third parties.

Under no circumstances will FireMon be liable in any way for any Content or for any loss or damage of any kind incurred to You or to any third party, as a result of the use and/or distribution and/or the provision of the Content.

6.2. User’s Rights in the Content
You hereby declare towards FireMon that You have legally acquired and/or owns all right, title and interest, including without limitation all patents, copyrights, trade secrets, trademarks, licenses and other intellectual property and proprietary rights in and to all copies of the Content and that You have the right to use such Content and any part thereof.

7. Disclaimer of Warranties; Limitation of Liability

7.1. General Disclaimer
YOU EXPRESSLY AGREE THAT ANY USE OF THE WEBSITE, THE APPLICATION AND/OR ANY PART OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE, THE APPLICATION AND ANY OF THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, AS WELL AS ANY WARRANTIES REGARDING SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE, THE APPLICATION AND THE SERVICES, ARE ALL EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. FIREMON ALSO DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, THE APPLICATION AND/OR ANY OF THE SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE, THE APPLICATION AND/OR ANY OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, FIREMON DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE, THE APPLICATION AND/OR ANY OF THE SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND/OR IN THE WEBSITE AND/OR IN ANY OTHER MEDIUM MADE AVAILABLE BY FIREMON , FIREMON MAKES NO WARRANTIES, REPRESENTATIONS OR OTHER AFFIRMATION REGARDING SUITABILITY OF THE WEBSITE, APPLICATION AND/OR ANY OF THE SERVICES FOR USE WITH THIRD PARTY PRODUCTS, OR REGARDING THE PERFORMANCE THEREOF. IN ADDITION, FIREMON DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, AND (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.

WITHOUT DEROGATING FROM THE FORGOING YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALTHOUGH THE SERVICES INTEND TO INCREASE THE LEVEL OF SECURITY AND PROTECTION OF YOUR CLOUD DEPLOYMENT PROCESS, AND TO PROTECT YOUR INFORMATION AND DATA FROM POSSIBLE SECURITY THREATS THAT MAY ARISE DURING SUCH DEPLOYMENT PROCESS, AND ALTHOUGH FIREMON USES ITS BEST PRACTICES AND MAKE ITS BEST EFFORTS TO SECURE AND PROTECT YOUR INFORMATION AND DATA IN SUCH DEPLOYMENT PROCESS, FIREMON CANNOT GUARANTEE AN ABSOLUTE PROTECTION FROM AND AGAINST ANY AND ALL POSSIBLE SECURITY THREATS THAT MAY ARISE DURING THE DEPLOYMENT PROCESS AND/OR YOUR USAGE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, FROM SUCH SECURITY THREATS THAT MAY ARISE AS A RESULT FROM HUMAN ERROR (SUCH AS MISUSE OR MISCONFIGURATION OF THE SERVICES) AND/OR FROM ANY OTHER SECURITY THREAT, CAUSED BY ASPECTS THAT ARE NOT PROTECTED BY THE SERVICES (SUCH AS APPLICATION LEVEL THREATS, YOUR PUBLIC WEB SERVICE ETC.). IN ACCORDANCE WITH THE AFORESAID, FIREMON DOES NOT WARRANT THAT WEBSITE, THE APPLICATION AND/OR ANY OF THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR FREE.

7.2. Disclaimer regarding Information Accuracy
FIREMON DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY OR OPERABILITY OF INFORMATION, DATA OR CONTENT CREATED, EDITED, POSTED, UPLOADED, TRANSMITTED OR OTHERWISE PROVIDED BY YOU IN THE COURSE OF YOUR USE OF THE WEBSITE, THE APPLICATION AND/OR ANY OF THE SERVICES (AND/OR PORTION OF IT). FIREMON DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO TRANSFER, STORE, CREATING BACK-UPS, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR CONTENT OR MATERIAL. FIREMON DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT OR MATERIAL THROUGH THE SERVICES.

7.3. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FIREMON BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, THE APPLICATION AND/OR ANY OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISE FROM USE OR MISUSE OR RELIANCE OR INABILITY TO USE THE WEBSITE, THE APPLICATION AND/OR ANY OF THE SERVICES OR ARISE OF ANY ERROR OR BUG THEREIN, AND/OR DAMAGES ARISE FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE, THE APPLICATION AND/OR ANY OF THE SERVICES – WITH RESPECT TO ALL – WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, TORT OR OTHERWISE, AND WHETHER FIREMON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE, THE APPLICATION AND/OR ANY OF THE SERVICES OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF RELIANCE ON OR USE OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE, THE APPLICATION AND/OR ANY OF THE SERVICES OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

IN ADDITION, FIREMON WILL NOT BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, INTERNET FAILURE, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURE, OTHER EQUIPMENT FAILURE, ELECTRICAL POWER FAILURES, HOSTING SERVICES FAILURE, OTHER THIRD PARTIES’ PRODUCTS OR SERVICES FAILURE, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT OR AIR CONDITIONING.

7.4. Disclaimer of Advertisement or Sponsored Content
The Services may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted on the Services is accurate and complies with applicable laws. FIREMON IS NOT RESPONSIBLE FOR THE ILLEGALITY OR ANY ERROR, INACCURACY OR PROBLEM IN THE ADVERTISER’S OR SPONSOR’S MATERIALS. FIREMON DOES NOT ENDORSE OR PROMOTE OR REPRESENT ANY OF THE PRODUCTS OR SERVICES OFFERED AND WILL NOT BE LIABLE FOR THESE PRODUCTS OR SERVICES. THE PLACEMENT OF THE ADVERTISEMENT OR SPONSORED CONTENT, THE SELECTION OF THE ADVERTISEMENT OR SPONSORED CONTENT AND THE TAGGING OF SUCH ADVERTISEMENT OR SPONSORED CONTENT, MAY BE DONE IN AN AUTOMATED MANNER AND IN NO CASE FIREMON WILL BE RESPONSIBLE OR LIABLE FOR THE SELECTION, PLACEMENT OR TAGGING OF AN ADVERTISEMENT OR SPONSORED CONTENT.

7.5. Disclaimer of Third Parties Services and Resources
FireMon uses third party Cloud infrastructure services in order to provide the Services. Without derogating from any of the aforesaid, You acknowledge and agree that FireMon is not and shall not be responsible for the availability of any such external third party services or resources, and shall not be liable for any loss or damage which may be incurred by You as a result of the lack of availability of those external third party services or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any products available from such third party services or resources.

7.6. Indemnification
You agree to indemnify and hold harmless FireMon and its subsidiaries, its affiliates, officers, directors and employees, from and against any and all liability, losses, claims, damages and expenses, including but not limited to reasonable attorney’s fees and costs of litigation, related to Your breach of these Terms, or to any Content You use create, edit, post, upload, transmit or otherwise provide to FireMon through the Website, Application and any of the Services, or to Your use of the Website, Application and/or any of the Services not in accordance with these Terms, the Privacy Policy and/or any applicable law or to Your violation of any rights of a third party.

8. Privacy
You acknowledge that FireMon collects aggregated usage information with respect to the Users of the Services. You hereby consent to FireMon ’s collection and use of such information, and agree that such collection and use of this information will be governed by FireMon ’s privacy policy, as posted on the Website and as revised from time to time (the “Privacy Policy”) which terms are incorporated into, and considered part of, these Terms and must be accepted by You prior to Your use of the Services.

9. Termination
These Terms are and shall remain in full force and effect as long as You make any usage of the Services. You may stop using the Services at any time and in Your sole discretion, with no need for justification and with no extra-charge, by contacting FireMon and requesting to disable/delete Your account.
FireMon reserves the right to terminate, without prior notice, any User account or to suspend any or all of the Services, with or without the User’s consent, for violating these Terms. If Your account is terminated, Your rights to use the Services will cease immediately. Termination is without prejudice to all other remedies available to FireMon by law or under these Terms.

10. Miscellaneous

10.1 Feedback
FireMon may, from time to time, ask You to provide information regarding Your experience while using the Services, for the purpose of measuring and improving the quality of the services and the experience of its users. These feedbacks are very important to FireMon , and FireMon will appreciate any such feedback. Any and all information that you voluntarily choose to provide FireMon as feedback shall be used solely for the purpose of reviewing the feedback and improving FireMon ’s services.

All ideas, inventions and/or improvements (whether patentable or not) conceived or derived or result, directly or indirectly, from any feedback (written or oral) that you provide to FireMon , shall be owned exclusively by FireMon , and You shall not have any right in connection therewith. You hereby irrevocably assign to FireMon any rights that you may have or acquire in such ideas, inventions and/or improvements and You irrevocably waives any right You have or may have in the future to receive any payment, royalty or other consideration (of any kind) with respect to such ideas, inventions and/or improvements, including according to Section 134 of the Patents Law, 5727-1967 if applicable.

10.2. Use of User’s Trademarks
You agree that FireMon , in its sole discretion, may use Your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and web site listings (including links to Your website) for promotional and publicity purposes, subject to your prior approval.

10.3. Governing Law and Jurisdiction

The Terms shall be governed by and construed, interpreted, and enforced in accordance with the laws of the state of Kansas, without reference to its conflicts or choice of law principles. All disputes, claims or proceedings between the parties relating to the validity, construction or performance of these Terms shall be settled by arbitration in accordance with UNCITRAL Arbitration Rules as at present in force. The appointing authority shall be the International Chamber of Commerce (“ICC”) acting in accordance with the rules adopted by the ICC for this purpose, and the place of arbitration shall be Kansas City, Kansas (USA). There shall be only one arbitrator. The award shall be in law and not in equity and shall be final and binding on both parties. The parties hereto irrevocably agree to submit all such matters and disputes arising in connection with these Terms to arbitration in Kansas City, Kansas (USA). The language of arbitration shall be English. The decision of the arbitrator shall be final, binding and incontestable and may be used as a basis for judgment thereon in any country or region. In the event the foregoing arbitration provision does not apply, is found inapplicable or otherwise not given full force and effect, the parties agree that the sole and exclusive jurisdiction and venue for any and all unresolved disputes related to these Terms shall be in any trial or appellate court located in or serving Johnson County, Kansas. The Uniform Computer Information Transactions Act shall not apply to these Terms. These Terms shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.

10.4. Entire Agreement
These Terms, the Privacy Policy and, if applicable, the Separate Agreement, constitutes the entire legal agreement between You and FireMon and govern Your use of the Services and replace any prior agreement of understanding between You and FireMon in relation to the Services. Any waiver of any provision of the Terms will be effective only if in writing and signed by the waiving party.

10.5. Assignment
You may not assign any of Your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of FireMon (that shall not be unreasonably withheld). FireMon may assign, at its sole discretion, these Terms or any of its rights and/or obligations under these Terms, to any third party, without giving prior notice and without Your consent. In any event of assignment as aforesaid, all the provisions of These Terms shall apply to the assigned party, mutatis mutandis.

Copyright and Tradenames Notice
Copyright © FireMon Acquisition Company Ltd. 2016 . All Rights Reserved. The tradenames, logos and service marks displayed on the Services are FireMon ’s property of other third parties. You are not permitted to use these tradenames, logos and service marks without prior written consent from FireMon or such third party.

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