Intellectual Property and Restrictions on Use of Content on the Web Site
The web site contains electronic bulletin boards, chat rooms and other communication facilities, which provide for feedback to CySight by users of the web site and CySight’s software. The web site also provides real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (“Communication Facilities”).
It is a condition of your use of these Communication Facilities and your access to the web site that you do not do any of the following:
- Restrict or inhibit any other user from using or enjoying the web site
- Post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law
- Post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder
- Post or transmit any material of any kind which contains a virus or other harmful component
- Post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded
- Download any file posted by any other user of the web site if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner
CySight reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
User License to CySight
By placing any information or other material on the web site (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to CySight a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:
- Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and
- Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favor of CySight and any other party authorized by CySight all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of CySight, you will execute and deliver to CySight such instruments and take such other actions as may be required to carry out this grant of license and waiver.
Advertising, Links to Third Party Web Sites and e-Commerce Offers
The web site contains hyperlinks and other pointers to Internet web sites operated by third parties. These linked web sites are not under the control of CySight, and CySight is not responsible for the contents of any linked web or any hyperlink contained in a linked web site. CySight provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked web site by CySight or its affiliates. You link to any such web site entirely at your own risk.
No third party advertising (including referral buttons and embedded hyperlinks) is a recommendation or endorsement by CySight or its affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
Disclaimer and Limitation of Liability
Legislation may confer rights and remedies on you in relation to the provision by CySight of goods or services on the web site, which cannot be excluded, restricted or modified (“Non-excludable Rights”). CySight does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:
- all Content is provided “as is” and without warranties of any kind, either express or implied;
- CySight and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
- CySight does not warrant that the functions contained in any Content or any Communications Facility or your access to the web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits Content to you are free of viruses or any other harmful components;
- CySight does not warrant or make any representation regarding your access to, or the results of your access to, the web site (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; and
- you (and not CySight) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of CySight) will CySight or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the web site or any Content. You expressly acknowledge and agree that CySight does not exert control over users of the web site (including individuals referred to on the web site as guests and experts) and is not liable either for their opinions or their behavior including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, CySight’s liability for breach of any implied warranty or condition, which cannot be excluded, is limited at the option of CySight to the following:
- In the case of services supplied or offered by CySight;
- the supply of the services again; or
- the payment of the cost of having services supplied again; and
- In the case of goods supplied or offered by CySight;
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
Trademarks of CySight and Its Affiliates
The trademarks listed below are trademarks of CySight or its affiliates (as indicated). All other trademarks displayed on the web site are trademarks of their respective owners. Nothing contained on the web site should be construed as granting any license or right of use of any trademark displayed on the Site without the express written permission of CySight, the relevant CySight affiliate or third-party owner.
Some of the logos listed below may be available to you to place on your own web site as a hyperlink to the relevant CySight web site, but such use requires the express written authorization of CySight or the relevant Affiliate, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.
CySight Limited: CySight, the CySight, DigiToll, ProxyMate and CySight logos, CySight, DigiToll.
This agreement will be governed by and construed in accordance with the laws of NSW, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of NSW, Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or un enforceability will not affect the remainder of the agreement, which will continue in full force and effect.
All rights not expressly granted herein are reserved.
Any software that is made available for download from this web site (“Software”) is the copyrighted work of CySight and/or its suppliers. Any use of Software and accompanying documentation, which you download from the web site, is subject to the terms of the Software License Agreement between you and CySight and which accompanies or is included with the Software. You must read the Software License Agreement and indicate your agreement to its terms prior to installing or using the Software. All rights, title and interest not expressly granted are reserved.
The Software is made available for downloading solely for use by end users according to the Software License Agreement. Any reproduction or redistribution of the Software not in accordance with the Software License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
CySight Global Support is a web site containing facilities for placing work orders, frequently asked questions and the posting of error corrections to CySight’s software products.
All information in the CySight Global Support web site is provided as a convenience to you and for your information. Neither CySight nor its licensors or suppliers (nor their respective directors, affiliates or employees), accept any liability, direct or indirect, for any injury, loss, claim, damage or any incidental or consequential damages, including but not limited to lost profits or savings, arising out of or in any way connected with the use of any information, or the supply of any error correction through the CySight Global Support web site.
CySight and its licensors reserve all rights including copyright in the information (including that information made available under license from third parties) provided by it. The information in the service is for your use only and may not be re-written, copied, re-sold or re-distributed, framed, linked or otherwise used whether for compensation of any kind or not without the prior written permission of CySight. Any unauthorized re-production of this information is prohibited.
CySight gives no warranty, guarantee or other representation about the accuracy of the information contained in this service. CySight is not liable for errors, omissions in, delays or interruptions to or cessation of the services through negligence or otherwise.