Acceptance of the website terms of use

Welcome to the GFI Software blog and its affiliated companies (“GFI”, “we” or “us”). The following terms and conditions, together with any documents referred to in them, which are expressly incorporated herein (collectively “Terms”) apply to your use of GFI.com, including any content, downloads, functionality, products and services offered on or through GFI.com (“Website”), whether as a guest or a registered user. Please read the Terms of Use carefully before you access or otherwise start to use the Website.

By using the Website, you accept and agree to abide by these Terms of Use and our Privacy Policy, found at www.gfi.com/legal, incorporated here by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must exit the Website. Please note that any online sales of GFI products conducted through this Website are subject to our trusted third-party partner terms and conditions.

Changes to the Terms of Use

We may, in our sole discretion, revise and update these Terms from time to time. You must check this page from time to time to take notice of any changes we make, as they are binding on you. Your continued use of the Website following the posting of any revised Terms means that you accept and agree to the changes.

Accessing the Website

This Website is intended for use by individuals 13 years or older, if you are younger than 13 years, please leave this Website. If you allow your minor child or a child for whom you are a legal guardian (a “Minor”) to access this Website, you will be solely responsible for (i) the online conduct of such Minor, (ii) monitoring such minor’s access to and use of this Website, and (iii) the consequences of any use of the Website by such Minor.

We do not intend to solicit information or to market any products and services to children through this Website. Pursuant to the US law 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to Minors.

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend any product and / or services we provide on the Website at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.

Passwords; Security

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.

If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify GFI of any unauthorized use of your user name or password or any other breach of security, and ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time, for any reason, including, if in our opinion, you have failed to comply with any provision of these Terms.

Intellectual Property Rights

The entire contents of the Website (including all downloads, information, software, text, displays, images, video and audio) and the design, selection and arrangement thereof, are owned by GFI or its licensors and are protected by United States, European Union and other international laws regarding copyrights, patents, trademarks, trade secrets and other intellectual property, industrial or proprietary rights.

You are permitted to use the Website for your personal or legitimate business purposes. Except where explicitly authorized by GFI you must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on our Website, or the Website itself without the prior written consent of GFI in each instance.

You must not:

  • Modify the paper or digital copies of any materials available from this Website.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark and other proprietary notices appearing on such materials.

If you wish to make any use of any material on the Website, which is not specifically intended for public or marketing use or other than that set out above, please address your request to: legal@gfi.com.

If you print, copy, modify, download or otherwise use any part of the Website in breach of these Terms, in addition to any other legal rights and remedies available to Us, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No right, title or interest in or to the Website or any content on the Website are transferred to you, and all rights not expressly granted are reserved by GFI and/or its licensors. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

GFI’s Trademarks

GFI’s name, trademarks, GFI’s logo and all related names, logos, product and service names, designs and slogans are trademarks of GFI, its affiliates or licensors. You must not use such marks without the prior written permission of GFI. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms.

You agree not to use the Website (to):

  • In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US, EU or other countries).
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
  • To transmit, or procure the sending of, any non GFI advertising or promotional material, or any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, pornographic, hateful or unlawful, content, material or information.
  • To impersonate or attempt to impersonate GFI or a GFI employee, another user, or person or entity (including, without limitation, the use of email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm GFI or users of the Website or expose them to liability.
  • Harvest or otherwise collect information about others, including email addresses, without their consent.
  • Attempt to gain unauthorized access to, interfere with, damage, overburden or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; or attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • You may not use any “deep-link”, “page-scrape”,”robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

Failure to abide by these rules will result in GFI terminating your access to the Website and may be the basis of legal action against you.

User Contributions

The Website may contain message boards, chat services, forums, blogs, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display or transmit to other users content or materials including, without any limitation whatsoever, any feedback, chat logs, forum logs, emails, pictures, screenshots, or any communication whatsoever that you create from and / or insert, append, attach or otherwise upload to the Interactive Services (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contributions you post to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.

You represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant GFI and its affiliates the license granted above; and (ii) that all of your User Contributions do and will comply with these Terms, and you agree to defend, indemnify and hold harmless GFI and its affiliates and licensors for any breach of that representation and warranty.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not GFI, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by GFI, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of GFI. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

You agree to assign any rights that you may have in any User Contributions to GFI and to execute any and all documents required in order to assign any such rights to GFI. Alternatively, if such an assignment is found to contravene any local laws, you hereby grant to GFI a perpetual, royalty free, irrevocable and unlimited license to use the User Contributions in such manner, including without limitation, to sub-license and commercially use any User Contributions, that GFI in its sole discretion decides.

User Contributions – Enforcement; Termination

We have the right, at our sole discretion to:

  • Remove, edit or refuse to post any User Contributions for any reason.
  • Take any action with respect to any User Contribution that we deem necessary, if we believe that such User Contributions violates the Terms, including the Content Standards, infringes any intellectual property right, or could create liability for GFI.
  • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action for any illegal or unauthorized use of the Website.
  • Terminate your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS GFI FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GFI DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GFI OR LAW ENFORCEMENT AUTHORITIES.

However, we can neither review all material before it is posted on the Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, GFI assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Be likely to deceive any person. Cause annoyance, inconvenience or be likely to upset, embarrass, alarm or annoy any other person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities and/or sales without our prior written consent, such as contests, sweepstakes and other sales promotions, barter, advertising or pyramid schemes.
  • Give the impression that they emanate from us, if this is not the case.

Copyright Infringement

If you believe that any User Contributions or any content displayed on the Website violates your copyright,please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of GFI to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website.

Changes to the Website

We may update the Website from time to time, but its content is not necessarily complete or up-to-date. We may change the Website at any time with or without notice. We may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information about you and your visits to the website

We collect and use information about you in accordance with our Privacy Policy. By using the Website, you consent to such collection and use and you represent and warrant that all data provided by you is accurate.

Online Purchases; Other Agreements – EULA

We use a trusted third party partner to provide our online sales of products and services through the Website subject to their terms and conditions.

In addition, any use of software, services or hardware purchased via the Website are governed by separate agreements (“Separate Agreements“). Your use of and our obligations in respect of software, services and / or hardware are solely governed by the terms of these Separate Agreements and the terms of these Separate Agreements shall control and prevail over these Terms.

For example software offered through this Website (and via other means) by GFI are at times governed by an End User License Agreement (“EULA”). You must agree to all of the terms of the EULA before installing or using any software. If you do not agree to all of the terms of the EULA, you must not install or otherwise use the software.

GFI may make changes to any products or services offered on the Website, including without limitation pricing and / or availability for any such products or services, at any time, without notice.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you. The website from which you are linking must comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links from advertisers, including banner advertisements. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to or from this Website, you do so entirely at your own risk and subject to the terms and conditions of use of such websites.

Geographic Restrictions – Void Where Prohibited

Not all features, products or services discussed, referenced, provided or offered through this Website are available to all persons or in all geographic locations. Access to the Website may not be legal in certain countries. If you access the Website from outside the US or EU, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY PRODUCTS, SERVICES OR DOWNLOADS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GFI NOR ANY PERSON ASSOCIATED WITH GFI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER GFI NOR ANYONE ASSOCIATED WITH GFI REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

GFI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL GFI, ITS SUBSIDUARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

U.S. Government Restricted Rights

Any Materials that are downloaded by or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”) are subject to the provisions of FAR 12.211 – “Technical Data” and FAR 12.212 – “Computer Software” or to clauses providing GFI equivalent protections in DFARS or other agency specific regulations.

Indemnification

You agree to defend, indemnify and hold harmless GFI, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Website, including, without limitation, any use of the Website’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

Governing Law and Jurisdiction

If you access this Website from: (i) within North or South America, these Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provisions. You agree that the courts situated in New York County, New York shall have exclusive jurisdiction to hear any dispute or claim arising hereunder; (ii) outside of North or South American, these Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any choice or conflict of law provisions. You agree that the courts situated in London, England shall have exclusive jurisdiction to hear any dispute or claim arising hereunder.

However, GFI retains the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of these Terms by GFI shall be deemed a further or continuing waiver of such or any other term or condition, and any failure of GFI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, so that the remaining provisions of the Terms will continue in full force and effect.

Language

If We have provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language version of these Terms will govern your relationship with GFI. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

Entire Agreement

The Terms and our (i) Privacy Policy, (ii) Terms of Sale and (iii) Copyright Notice constitute the sole and entire agreement between you and GFI with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to privacy@gfi.com or write us at:

GFI Software
4309 Emperor Blvd
Suite 400
Durham, NC 27703
US

Copyright Infringement

All notices of copyright infringement claims should go to the copyright agent designated in our Copyright Policy.

Feedback

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: webfeedback@gfi.com

Thank you for visiting the GFI Blog.