TERMS AND CONDITIONS OF USE FOR THE OPNET SOLUTIONS WEBSITE
The following terms and conditions of use apply to the use of this Website (the “Website”). Read these terms and conditions carefully before using the Website with or without logging in or downloading content from the site. These Terms and Conditions of use and all other legal notices on this website (e.g. specific Terms of Use of password protected zones and Privacy Policy) may change from time to time at the sole discretion of OPNET Solutions and will become binding immediately upon posting. By accessing or using the Website, you are accepting and agreeing to the terms below and to any changes thereto that may become applicable from to time as indicated above.
Terms Applicable to Specific Content and Areas of the Website
Some areas of the Website or content provided on or through the Website may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Website or content (including terms and conditions applicable to a corporation or other organization and its users). If there is a conflict or inconsistency between these Terms and Conditions of Use for the OPNET Solutions website, and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Website or for specific content, the latter shall have precedence and control with respect to your access and use of that area of the Website or content.
License
Subject to the terms and conditions herein, OPNET Solutions hereby grants you a limited, nontransferable and nonexclusive license, subject to the restrictions set forth below, to access and use the Website, solely for informational and non-commercial purposes, for internal use and/or for the purpose of using, managing and supporting OPNET Solutions devices (the “OPNET Solutions Devices”) owned or controlled by you (the “License”). OPNET Solutions reserves the right to amend the terms of this License from time to time without notice, by posting the revised terms on the Website.
Copying and Reverse Engineering
You agree that you will not: (i) copy, modify, create any derivative work of; or (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive source code (or the underlying ideas, algorithms, structure or organization); or (iii) remove any copyright notices, identification or any other proprietary notices from any of the software, copyrighted content and any proprietary information in this Website.
Intellectual Property Rights
You acknowledge and agree that this License is not intended to convey or transfer to you any intellectual property rights or to grant any licenses in or to any technology or intellectual property or content, other than as expressly provided herein. The content contained in this Website, including, but are not limited to, software, product information, technology information, user guides, white papers, analysis, trade names, graphics, designs, icons, audio or video clips and logos, is OPNET Solutions proprietary information, protected by copyright, trademark, patent and/or other intellectual property rights, under US and international law. Third-party trademarks and information are the property of their respective owners.
Disclaimer of Warranty
Although OPNET Solutions attempts to provide accurate and up-to-date information on this Website, OPNET Solutions makes no warranty with respect to the accuracy or completeness of the information on the Website. Information, software and documentation provided on this Website are provided “as is” and without warranty of any kind either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and non-infringement.
Limitation of Liability
OPNET Solutions shall not be liable to you or any other party for any indirect, special, incidental or consequential damages, including, but not limited to, any amounts representing loss of profits, loss of business, loss of information or punitive damages. In any event, the extent of liability shall not exceed the amount of 5 EUR or, in the event of software purchased by downloading from this Website, limited exclusively to replacement of the software purchased or refund of license fees, if any. The above limitations shall apply to the fullest extent permitted by law.
Links to Third-party Websites
This Website may contain links to third-party Websites. Such links are provided for convenience only and OPNET Solutions makes no warranty, nor does it assume any responsibility or liability in connection with the access and use of any other Website.
Access to Password-protected Zones
This Website could include restricted zones which are password-protected for employees, customers, partners and other registered users. If so, access to such restricted zones is limited to authorized users only, and unauthorized access may be considered a criminal offence. If you were provided a password, user ID or any other form of authentication by OPNET Solutions (the “Password”), you agree that the Password is considered confidential and proprietary information of OPNET Solutions and may not be disclosed or transferred to any other party. Some downloads require a OPNET Solutions device serial number. The serial number is considered a Password for the purpose of this section. Registering to, trafficking into, or otherwise using password-protected zones to profit in bad faith from the knowledge base made available in such password-protected zones, to gain an unfair business advantage or competition against OPNET Solutions or for business espionage, are against the law and are strictly prohibited.
Termination of Access and Use
OPNET Solutions reserves the right to modify, suspend or terminate the Website and/or your use or access to the Website for any or no reason with or without notice at its sole and absolute discretion. OPNET Solutions will not be liable to you or any third-party for any modification, suspension, or termination of the Website, and/or termination of your use thereof or access thereto.
Privacy
Information submitted by you or collected by us in connection with the use of this Website is subject to our Privacy Policy, the terms of which are incorporated herein by reference.
Export
The information, products or services available on this Website or any part thereof may be subject to export or import controls under the laws and regulations of the EU Comunity. You agree to comply with such laws and regulations and agree not to knowingly export, re-export, import or re import, or transfer products without first obtaining all required government authorizations or licenses.
Governing Law
This Agreement and any action related thereto shall be governed, controlled, interpreted and defined in accordance with the Italian laws, without regard to the conflicts of laws provisions thereof
(LAST UPDATE 01/09/2019)
