ONLINE SERVICES SOLD THROUGH PORTAL
Testify offers a variety of online services for trial or purchase through this Portal (collectively, “Services”). These TOU do not govern the sale, purchase or other use of the Services. The Services, including any updates, enhancements or new features, are governed by the agreement(s) under which you purchase or use them.
As a condition of your use of the Portal, you may not:
- Use of the Portal in violation of applicable law,
- Use the Portal to harm anyone or impair their use of the Portal,
- Attempt to gain unauthorized access to the Portal or any Service sold through the Portal, or act to deny others access to the Portal or any Service sold through the Portal,
- Misrepresent your identity.
If Testify believes that unauthorized or improper use is being made of the Portal, it may, without notice and in its sole discretion, take such action as it deems appropriate, including blocking messages from a particular Internet domain, mail server or IP address. Violation can lead to termination of your account.
ACCOUNT, PASSWORD AND SECURITY
If any part of the Portal 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 Testify immediately of any unauthorized use of your account or any other breach of security. Testify 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 Testify 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.
Please read the Privacy Statement for information about Testify collection and use of your personal information.
USAGE OF THE PORTAL
In no event will Testify 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 of the portal including without limitation any software or documents available via the portal. Testify does not guarantee that her website or servers are free from viruses or other harmful mechanisms.
SOFTWARE AVAILABLE FROM THE PORTAL
Any software that is made available to download from the Portal ("Software") is the copyrighted work of Testify and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). Any use, reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil or criminal penalties.
The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Testify disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
For your convenience, Testify may make available through the portal tools or utilities for use and/ or download. Testify does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools or utilities.
DOCUMENTS AVAILABLE FROM THE PORTAL
Permission to use documents, such as help topics, white papers, datasheets and FAQs (collectively, "Documents"), that are made available on the Portal is granted, provided that
- the copyright notice appears in all copies and that both the copyright notice and this permission notice appear,
- use of the Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and
- no modifications of the Documents are made. Use for any other purpose is expressly prohibited by law, and may result in civil or criminal penalties.
Testify and or/ or its suppliers a make no representations about the suitability of the infromation contained in the documents for any purpose. The documents are provided “as is” without warranty of any kind. Testify and/ or its suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory fitness for a particular purpose, title and non-infringement.
INTELLECTUAL PROPERTY RIGHTS
Testify or its suppliers retain all right, title and interest in and to the Portal, including all copyrights, patents, trade secrets, trademarks and other intellectual property rights. Testify reserves all rights not expressly granted. These TOU do not grant or imply any rights to any Testify or supplier trademarks, trade names or logos.
All pictures, graphics and texts are copyrighted; the content may not be used for public or commercial purposes, reproduced or otherwise recovered without written permission of Testify. The logos from Testify and Testify are registered trademarks by Testify.
All names of companies, products or trademakrs mentioned on the websites from Testify may be trademarks of their respective holders.
If you give feedback about the Portal to Testify, you give to Testify, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Testify software or service that includes the feedback. You will not give feedback that is subject to a license that requires Testify to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
We appreciate links or deeplinks to this Portal. Displaying the main window in a frame set of the link setter is not allowed.
Links to other pages represent merely references to these pages; that is why they are regularly shown by means of an external link in a special browser window. Testify does not endorse the contents of these linked web sites and is not responsible for them. Should a page which is connected to a link contain questionable contents, we ask to be notified; in such a case the link will be immediately deleted.
If any parts or individual formulations of this text should fail to conform to the valid legal situation, or be no longer or not fully in conformity therewith, this shall not affect the content or validity of the remaining parts of the document.