Cyber Security Solutions
Procysive Terms of Use and Disclaimers

All Software is the copyrighted work of Procysive Corp. and/or its suppliers and authors. Use of the Software is governed by the terms of the end user license agreement which is either signed by both you and Procysive Corp., or accompanies or is included with the Software ("License Agreement").

If Procysive Corp. makes Software available on this Web Site without a License Agreement, you may use such Software only to design, develop and test your programs to run on Procysive Corp. products and services. Unless you have a valid License Agreement with Procysive Corp. that entitles you to do so, you may not resell, sublicense, or redistribute any Software made available to you by Procysive Corp..

If Procysive Corp. makes any code marked as "sample" available on this Web Site without a License Agreement, then that code is available for you to use at your own risk and Procysive Corp. expressly disclaims any and all warranties, express or implied, regarding use of such sample code.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

FOR YOUR CONVENIENCE, PROCYSIVE CORP. MAY MAKE AVAILABLE ON THIS WEB SITE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. PROCYSIVE CORP DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS WEB SITE.

RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Web Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Procysive Corp. PO Box 2248 Chapel Hill, NC 27515 USA.

NOTICE SPECIFIC TO DOCUMENTATION AVAILABLE ON THIS WEB SITE

All Documentation is the copyrighted work of Procysive Corp. and/or its suppliers. Use of the Documentation is governed by the terms of the license agreement, if any, which accompanies or is included with the Documentation ("Documentation License Agreement").

If Documentation is made available to you on this Web Site without a Documentation License Agreement, then you may annotate, translate, and make a reasonable number of copies of the Documentation for your internal use in designing, developing, and testing your software, products and services, and you may distribute a reasonable amount of portions of the Documentation as necessary to document your software, products, and services. You may not publish any such annotations or translations. You must preserve the below copyright notice in all copies of the Documentation and ensure that both the copyright notice and this permission notice appear in those copies. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documentation for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited.

The Documentation does not include the design or layout of the Procysive Corp. Web Site or any other Procysive Corp. owned, operated, licensed or controlled site. Elements of Procysive Corp. Web Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Procysive Corp. Web Site may be copied or retransmitted unless expressly permitted by Procysive Corp.

THE DOCUMENTATION AND RELATED GRAPHICS PUBLISHED ON THE WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THIS WEB SITE. Procysive Corp. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEB SITE AT ANY TIME.

NOTICES REGARDING SOFTWARE, DOCUMENTATION, APIS AND SERVICES AVAILABLE ON THIS WEB SITE

EXCEPT AS MAY BE WARRANTED IN A SEPARATE AGREEMENT (IF ANY) BETWEEN YOU AND PROCYSIVE CORP., PROCYSIVE CORP. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, DOCUMENTATION, APIS, AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL PROCYSIVE CORP. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTATION, APIS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM ANY OF THE FOREGOING SOFTWARE, DOCUMENTATION, APIS OR SERVICES.

RESERVATION OF RIGHTS

Procysive Corp. reserves all rights not expressly granted under these TOU, and no other rights are granted under these TOU by implication or estoppel or otherwise.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Procysive Corp. immediately of any unauthorized use of your account or any other breach of security. Procysive Corp. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Procysive Corp. or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Procysive Corp. server, or the network(s) connected to any Procysive Corp. server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Procysive Corp. server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

USE OF SERVICES

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

Procysive Corp. has no obligation to monitor the Communication Services. However, Procysive Corp. reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Procysive Corp. reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Procysive Corp. reserves the right at all times to disclose any information Procysive Corp. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Procysive Corp.'s sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Procysive Corp. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Procysive Corp. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Procysive Corp. spokespersons, and their views do not necessarily reflect those of Procysive Corp..

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO PROCYSIVE CORP. OR POSTED AT ANY PROCYSIVE CORP. WEB SITE

By posting, uploading, inputting, providing or submitting any submission or feedback you are granting Procysive Corp., its affiliated companies, necessary sublicensees (including third parties whose products, technologies and services use and interface with any specific parts of a Procysive Corp. software or service that includes the submission), without charge, the right to use, share and commercialize your submission in any way and for any purpose. You will not give any submission that is subject to a license that requires Procysive Corp. to license its software or documentation to third parties because we include your submission in them.

By posting a submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in these TOU including, without limitation, all the rights necessary for you to post the submissions.

LINKS TO THIRD PARTY SITES

THIRD PARTY LINKS WILL LET YOU LEAVE Procysive Corp.'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Procysive Corp. AND Procysive Corp. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Procysive Corp. OF THE SITE.

EXPORT AND TRADE CONTROLS

You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Web Site or any Web Site Documentation, Services, Software or APIs provided on or pursuant to this Web Site except in full compliance with all United States, foreign and other applicable laws and regulations.

TRADEMARKS

"Procysive Corp. Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Procysive Corp. uses in connection with its products and services. You may not remove or alter any Procysive Corp. Trademarks, or co-brand your own products or material with Procysive Corp. Trademarks, without Procysive Corp.'s prior written consent. You acknowledge Procysive Corp.'s rights in Procysive Corp. Trademarks and agree that any use of Procysive Corp. Trademarks by you shall inure to Procysive Corp.'s sole benefit. You agree not to incorporate any Procysive Corp. Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.

For a current list of Procysive Corp. Trademarks, go to http://procysive.com/legal/terms

SEVERABILITY

If any provision of the TOU is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce the TOU.

GOVERNING LAW AND JURISDICTION

All matters relating to your access to, or use of any Procysive Corp. website shall be governed by U.S. federal law or the laws of Wilmington, Delaware. Any legal action or proceeding relating to your access to or use of any Procysive Corp. website shall be instituted in a state or federal court in Wilmington, Delaware. You and Procysive Corp. agree to submit to the jurisdiction of, and agree that venue is proper in, these courts.

Updated 2 July 2014