Terms and Conditions of Use of the NetIQ Web Site
NetIQ Corporation makes information available on this web site ("Site") subject to the following terms and conditions. By accessing this Site, you agree to these terms and conditions. NetIQ reserves the right to change these terms and conditions at any time without notice. Any rights not expressly granted herein are reserved by NetIQ. These terms represent the entire understanding relating to the use of this Site and supercede any prior or contemporaneous, conflicting, or additional communications.
This site is owned and operated by NetIQ Corporation ("NetIQ").
By viewing, downloading, or otherwise using any of the materials published on or made available for download from this web site, you agree to the terms of this legal notice ("Legal Notice"). If you do not agree, you should not view, download or use these materials. NetIQ reserves the right to change these terms and conditions at any time without notice. Any rights not expressly granted herein are reserved by NetIQ. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
SOFTWARE DOWNLOAD
Any software and accompanying documentation that is made available to download from this site ("Software") is the copyrighted work of NetIQ and/or its suppliers. NetIQ hereby authorizes you to download Software subject to the following conditions:
- You are not authorized to copy, distribute, install or use the downloaded Software in any way until you have read and accepted the software license agreement ("SLA") that accompanies the Software.
- If the Software is a patch, service pack, or other update applicable to prior software you have licensed from NetIQ ("Prior Software") and is not accompanied by its own SLA, then you may only use it with the Prior Software, subject to the SLA that accompanied the Prior Software.
- You are not authorized to download the Software if such download would violate U.S. Government Export regulations as discussed below.
- Any Software download on behalf of any agency or department of the United States Government is subject to "Commercial Computer Software - Restricted Rights" terms, as discussed below.
All other terms and conditions contained in this Legal Notice also apply, to the extent that they do not conflict with the applicable SLA.
GENERAL USE OF MATERIALS ON THIS WEB SITE
Materials other than Software: NetIQ hereby authorizes you to view, download, print, copy, distribute, and use the materials published by NetIQ on this web site, provided that:
- Materials are used solely for informational, personal or non-commercial use within your organization and are not copied or posted on any network computer or broadcast in any media without the written permission of NetIQ.
- No modifications are made to materials without the prior written permission of NetIQ.
- Images from this site, including NetIQ logos, are not reproduced or posted to your website without the prior written permission of NetIQ.
- A copyright notice, the following text as an example, appears on all materials: "Copyright ©2009 NetIQ Corporation. All Rights Reserved".
- The existing copyright, trademark, and other proprietary notices are not removed from the materials.
- This permission does not include the right to use the design or layout of the NetIQ.com web site or any other NetIQ owned, operated, licensed or controlled site. Elements of those web sites are protected by copyright, trade dress and other laws, and they may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any NetIQ web site may be copied or retransmitted unless expressly permitted by NetIQ.
Copyright. All materials on this web site including software and accompanying documentation (in total, "Materials") are protected by copyright. Ownership is retained by the copyright holder and is not transferred to you. Except as specified above, nothing is to be construed as conferring any license or right under any patent, trademark or copyright of NetIQ or any third party. Use of Software from this site is subject to the software license provided with the product. You may not copy the Software onto any publicly available bulletin board or network or broadcast the Software in any media.
Penalties. Any reproduction, redistribution or use of the Materials on this web site not in accordance with the permissions described above is prohibited by law and may result in severe civil and criminal penalties.
Applicable law and international considerations. NetIQ owns and operates this site from its corporate headquarters in Houston, Texas and these terms will be interpreted under the laws of the State of Texas, excluding its conflict of law rules. All information on this site is subject to export control laws, and may also be subject to the laws of the country where you reside. If you access this site from outside the United States, you are responsible for compliance with applicable local laws. This site may refer to products, programs or services that are not available in your country. For information regarding NetIQ products, programs and services that may be available to you, contact your local NetIQ business representative.
Warranties and limitation of liability
The information on this web site is presented "AS IS" WITHOUT WARRANTY OF ANY KIND. NETIQ HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR VIRUS FREE OPERATION. NETIQ AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
NetIQ makes reasonable efforts to assure that the materials on this web site are accurate but does not make any representations as to the accuracy or completeness of the materials. Information may be changed or updated without notice. NetIQ may also from time to time revise this Legal Notice by updating this posting. You should periodically visit this page to review the current Legal Notice so you are aware of any revisions by which you are bound.
IN NO EVENT SHALL NETIQ, ITS SUPPLIERS, OR OTHER THIRD PARTIES REFERENCED AT THIS SITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, MATERIALS, OR ANY INFORMATION AVAILABLE AT THIS SITE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT OR OTHER SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You use this web site at your own risk. NetIQ is not liable for any damages arising from use of this site.
Export. All information on this web site is subject to U.S. export control laws. You agree that you will not export or re-export the Materials, any part thereof, or any process or service that is the direct product of the Materials, (i) to any prohibited country, person, entity, or end-user as specified by U.S. export controls or (ii) for use in the design, development or production of nuclear, chemical, or biological weapons, or missile technology, or any other prohibited use. You warrant and represent that neither the Bureau of Export Administration of the U.S. Commerce Department nor any other U.S. Government entity or agency has suspended, revoked or denied, in whole or in part, your export privileges. For current information on U.S. export requirements and restrictions visit www.bis.doc.gov/.
U.S. government restricted rights. All NetIQ Software provided to any agency or department of the United States Government is provided with restricted rights. By accepting delivery of or installing or using the Software, the U.S. Government or its prime contractor or subcontractor (at any tier) agrees that notwithstanding anything to the contrary, and to the maximum extent possible under federal law: (a) the acquisition of such Software is governed by FAR Part 12 or DFAR 227.7202-4, as applicable and to the extent such provisions are consistent with the SLA; (b) such Software qualifies as "commercial computer software" under the applicable procurement regulations; (c) any modifications provided by NetIQ in connection with such Software are either minor derivative modifications or are of a type generally available in the commercial marketplace; and (d) the U.S. Government will be bound by the commercial terms and conditions and restricted rights contained in the SLA, and no other license terms shall be incorporated into the SLA except by mutual written consent.
Links to other sites. NetIQ makes no representations whatsoever about the quality, nature or reliability of any other web sites you may access through this web site; NetIQ provides this access merely for your convenience. A link to a non-NetIQ site does not mean that NetIQ accepts any responsibility for or endorses the content of that web site.
Qmunity; Blogs; Bulletin Boards
Your use of the NetIQ's Qmunity, or any of the blogs and discussion forums contained therein, is governed by the Qmnuty Terms of Service which is available at http://community.netiq.com/wikis/qmunity_terms_of_use/netiq-qmunity-terms-of-service.aspx or by the applicable partner program.
Trademarks
The following are trademarks or registered trademarks of NetIQ Corporation or its subsidiaries in the United States and other jurisdictions:
ActiveAgent, ActiveAnalytics, ActiveAudit, ActiveReporting, ADcheck, AppAnalyzer, AppManager, the cube logo design, Directory and Resource Administrator, Directory Security Administrator, Domain Migration Administrator, Exchange Administrator, File Security Administrator, IntelliPolicy, Knowing is Everything, Knowledge Scripts, Mission Critical Software for E-Business, MP3check, NetConnect, NetIQ, the NetIQ logo, NetIQ Change Administrator, NetIQ Change Guardian, NetIQ Compliance Suite, NetIQ Group Policy Administrator, NetIQ Group Policy Guardian, NetIQ Group Policy Suite, the NetIQ Partner Network design, NetIQ Patch Manager, NetIQ Risk and Compliance Center, NetIQ Secure Configuration Manager, NetIQ Security Administration Suite, NetIQ Security Analyzer, NetIQ Security Manager, NetIQ Vulnerability Manager, PSAudit, PSDetect, PSPasswordManager, PSSecure, Server Consolidator, VigilEnt, Vivinet, Work Smarter, and XMP are trademarks or registered trademarks of NetIQ Corporation or its subsidiaries in the United States and other jurisdictions. All other company and product names mentioned are used only for identification purposes and may be trademarks or registered trademarks of their respective companies.
The Cisco Systems, Inc. Cisco Compatible logo signifies that NetIQ's product has undergone interoperability testing by NetIQ together with Cisco and/or a third party test-house based on testing criteria set by Cisco. NetIQ is solely responsible for the support and warranty of its product. Cisco makes no warranties, express or implied, with respect to NetIQ's product or its interoperation with the listed Cisco product(s) and disclaims any implied warranties of merchantability, fitness for a particular use or against infringement.
Copyright © 2009 Attachmate Corporation. All Rights Reserved. Contact webmaster@NetIQ.com with questions or problems, as appropriate.
