Acceptance of Terms
The following are terms of a legal agreement between you and Denali. By accessing, browsing and/or using this web site located at www.DenaliSecurity.com and/or web sites of any Denali subsidiary or affiliate (collectively the "Denali Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Denali Site. In using the Denali Site, you represent and warrant that you are at least 18 years of age and have any and all permissions necessary to enter into and be bound by this agreement.
The material provided on this Denali Site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in all material provided on this Denali Site is held by Denali or by its respective manufacturers, authors, developers and vendors (the "Third Party Providers"). Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, 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 Denali or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Denali Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Denali permission, "mirror" any material contained on this Denali Site on any other server. You acknowledge that nothing on this Denali Site shall be construed as conferring any license to you from Denali, its subsidiaries, or affiliates or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise, and agree that you have sole responsibility for obtaining such licenses by separate written agreement. Any unauthorized use of any material contained on this Denali Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Software Use Restrictions
You acknowledge that any software and related documentation that may be available to download from the Denali Site (the "Software") is the copyrighted work of Denali, its subsidiaries, affiliates, or suppliers. You agree that use of the Software is governed by the terms of the license agreement which accompanies or is included with the Software (the "License Agreement"). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN "AS-IS" AND "WHERE-IS" BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.
Submission of Unsolicited Ideas
It is Denali standard corporate practice that confidential or proprietary information from you not be submitted through this Denali Site or by email. If you transmit such information in contravention of Denali standard corporate practice, any material, information or idea you transmit to Denali by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Denali or its affiliates without compensation to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, unless otherwise agreed in writing by an authorized Denali representative.
Submission of Personal Information
Access from Outside the U.S.
This Denali Site is controlled and operated by Denali from its offices within the United States. Denali makes no representation that materials in the Denali Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Denali Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use this Denali Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. You acknowledge and agree that the content of the Denali Site or other materials available through this Denali Site (the "Materials") may be subject to the U.S. Export Administration Laws and Regulations, as well as export laws of other countries, and that diversion of such Materials contrary to U.S. law or the law of other applicable countries is prohibited. You agree that none of the Materials, nor any direct product, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the U.S. Government (or other relevant government) for such purposes. You agree to comply strictly with all export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Links to Third-Party Sites and Co-Branded Sites
The Denali Site may contain links to third-party sites, however, please be aware that Denali is not responsible for and cannot control these other sites. The Denali Site may also contain links to co-branded web sites that are maintained by third parties by agreement with Denali. Denali makes no representations whatsoever about any other web site which you may access through the Denali Site. When you access a non- Denali web site, even one that may contain the Denali logo, please understand that it is independent from Denali, and that Denali may have no control over the content on that Web site. In addition, a link to a non- Denali web site does not mean that Denali endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DENALI SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL DENALI BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF DENALI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST DENALI FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD DENALI ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE DENALI, OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS, FOR, ANY CLAIMS RELATED TO THE DENALI SITE.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ALL INFORMATION IS PROVIDED BY DENALI ON AN "AS IS" AND "AS AVAILABLE" BASIS ONLY. DENALI PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
Denali respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Denali's Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. A description of where the material that you claim is infringing is located on the Denali Site, including the URL;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
U.S. Government Restricted Rights
The materials on this Denali Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of Denali's proprietary rights in them.
Choice of Law
Any claim relating to, and the use of, this Denali Site and the materials contained herein is governed by the laws of the state of California without regard to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Ana County, California, for the resolution any and all disputes arising out of or relating to your use of the Denali Site. You further agree and covenant not to bring suit in any other jurisdiction.