1. Acceptance of terms
("Website"). Your use of the Website constitutes acceptance of these Terms. The Terms are entered into by and between Network Mining NV/SA ("NetworkMining") and you. If you are using the Website on behalf of your employer, you represent that you are authorized to accept these Terms on your employer's behalf.
2. Your obligations
2.1. Certain portions of this Website are available only to registered users. If you choose to apply for registration, you agree to: (i) provide true, accurate, current, and complete information as prompted by the registration form (the "Registration Data"). NetworkMining can refuse your registration application at its sole discretion.
2.2. You are solely responsible for the security of your password. NetworkMining is not liable for any unauthorized use of the Website.
2.3. If you are a customer or partner of NetworkMining, you acknowledge and agree that certain portions of this Website may provide password-restricted access to information about you and your relationship with NetworkMining. By using this Website, you consent to NetworkMining's display of such information via the Website and accept all risks of unauthorized access to such information.
3. Confidential Information
3.1. You acknowledge that you may obtain access via the Website to certain confidential information of NetworkMining and its suppliers and partners, such as technical, contractual, pricing, marketing, and other valuable information ("Confidential Information"). You agree not to disclose Confidential Information to any person or entity other than employees or contractors in your organization who have a need to know and who are bound by contractual obligations of confidentiality sufficient to give effect to this section 3. Under no circumstances will you disclose Confidential Information to a competitor of NetworkMining.
3.2. You may use Confidential Information solely for the purpose of purchasing, maintaining, and supporting NetworkMining products, and/or for marketing purposes if you are a partner of NetworkMining. Title to Confidential Information remains with NetworkMining and its suppliers and partners. You agree, either as an individual or on behalf of your employer, to be bound by the provisions of this section 3. Furthermore, if you are acting on behalf of your employer, you represent that your employer agrees to indemnify NetworkMining for violations of this section 3.
3.3. You do not acquire any rights in Confidential Information, except the limited right to use Confidential Information as described above.
3.4. Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of your restricted access to the Website or NetworkMining's written request, you must cease use of Confidential Information and return or destroy all Confidential Information.
3.5. The following information shall not be considered Confidential Information regardless of its possible designation:
- Information, which at the time of the disclosure is in the public domain
- Information, which after disclosure is published or otherwise becomes part of the public domain through no fault or breach of these Terms by you
- Information, which you can establish by competent proof was in your possession at the time of disclosure by the Website and was not acquired directly or indirectly from the Website
- Information, which is received after the time of disclosure by you from a third party who did not acquire such information directly or indirectly from NetworkMining under obligations of confidentiality and who is in lawful possession of the said information
- Information, which you can establish has been independently developed by yourself without the use of Confidential Information received from NetworkMining
- Information, which is required or compelled by law to be disclosed, provided that you give reasonable prior notice to NetworkMining to allow it to object to the disclosure.
4. Intellectual Property Rights
4.1. The Website contains proprietary and confidential content that is protected by applicable patent, trademark, copyright, and other intellectual property rights and laws. Except as specified below, nothing contained herein shall be construed as conferring, by implication, estoppel, or otherwise, any license or right under any patent, trademark, or copyright of NetworkMining or any third party.
4.2. Any software, software updates, or patches downloaded from the Website may be used only: (i) as allowed under the accompanying license; or (ii) subject to the license governing the original product.
4.3. Services provided as an element of NetworkMining's support, training, or professional services are governed by the terms of the applicable support, training, or professional services agreement.
4.4. You must not modify, decompile, or reverse engineer any software obtained from the Website, and must not remove, overprint, or deface any notice of copyright, trademark, or other notice of ownership from any originals or copies of software or Confidential Information obtained from the Website.
4.5. NetworkMining hereby authorizes you to copy materials published by NetworkMining on this Website solely for non-commercial use within your organization (or if you are a partner of NetworkMining your customer's organization) in support of NetworkMining products or services. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original.
5.1. You agree to indemnify and hold NetworkMining, and its subsidiaries, affiliates, directors, officers, employees, agents, and partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, including any use by your employees or contractors, your violation of the Terms, or your violation of any rights of another.
6. Modification and termination of services
6.1. NetworkMining reserves the right to modify or discontinue, temporarily or permanently, products, services, or content offered on the Website (or any part thereof) at any time without notice. NetworkMining, in its sole discretion, may terminate your account or use of the Website for any reason, including, without limitation, for lack of use or if NetworkMining believes that you have violated the Terms. Further, NetworkMining will not be liable to you or any third-party for any termination, modification, or suspension of access to the Website (or any part thereof).
7. Warranty disclaimer
7.1. Your use of the website is at your own risk. The website is provided on an "as is" and "as available" basis. Unlees otherwise stated, the content on the website is provided "as is". NetworkMining disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, fitness for a particular purpose, or noninfringement. NetworkMining makes no representations, warranties, conditions or guaranties as to the quality, suitability, truth, accuracy, or completeness of any of the content contained on the website.
7.2. Any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, including and damages resulting from computer viruses.
8. Liability limitation
8.1. NetworkMining is not liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, without limitation, damages for loss of profits, revenue, goodwill, use, data, electronically transmitted orders, or other economic advantage (even if NetworkMining has been advised of the possibility of such damages), however caused and regardless of the theory of liability, whether in contract, tort, or otherwise, arising out of or related to (i) the use of or the inability to use the Website; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into, through or from the Website; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the website; or (v) any other matter relating to the website, including content you may download, use, modify, or distribute from the Website.
9.1. The Website may provide links to other Internet sites or resources as a convenience to you. Because NetworkMining has no control over such sites and resources, you acknowledge and agree that NetworkMining is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. NetworkMining will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
10.1. The Terms constitute the entire agreement between you and NetworkMining with respect to your use of the Website, superseding any prior agreements between you and NetworkMining (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when you use other NetworkMining products or services, third-party content, or third-party products or services. You must not assign or otherwise transfer the Terms or any right granted hereunder. Sections 3, 4, 7, 8, and 9 survive termination of the Terms.
10.2. The terms are governed by the laws of Belgium. The Courts of Brussels (Belgium) are competent.
10.3. This Website could include inaccuracies or typographical errors. NetworkMining tries to make the information on the Website accurate and current but does not guarantee it. Use of such information is at your own risk. NetworkMining may modify the content, products, services, and prices described in this Website at any time without notice. NetworkMining may amend these Terms at any time by posting the amended terms on the Website.
10.4. The failure of NetworkMining to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, 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 Terms remain in full force and effect.