RESTRICTIONS ON USE OF SITE
You may not collect any product listings, descriptions, or prices for your commercial use. You may not download or copy account information for the benefit of another merchant. You may not engage in "deep-linking" or make use of data mining, robots, or similar data gathering and extraction tools on the Site. You may not reproduce or copy the Site or any portion of the Site for any commercial purpose without express written consent of Tenable. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tenable without express written consent. You may not use any meta tags or any other "hidden text" utilizing Tenable's name or trademarks without the express written consent of Tenable. You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Tenable's systems or networks, or any systems or networks connected to the Site. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach security or authentication measures used on the Site or any network connected to the Site.
USE OF MATERIALS
All materials provided on the Site, including but not limited to information, documents, logos, text, graphics, sounds, images, software and all other content of any description available on the Site or included in any products or services we offer (collectively, "Materials"), are provided either by Tenable or by its respective third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of Tenable and/or the Third Party Providers. Except as stated herein, none of the Materials 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 other means, without the prior express written permission of Tenable or the Third Party Providers, as applicable. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Tenable. Tenable does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Tenable.
Tenable hereby grants you permission to display, copy, distribute and download Tenable's Materials on the Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use, and such Materials will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way.
Tenable's Materials include white papers, videos, and information providing descriptions of specific vulnerabilities (the "Specified Materials") owned by Tenable and posted on the Site. Tenable grants you permission to post the unmodified Specified Materials on your site, provided that: (1) the appropriate copyright notice is included with each of the Specified Materials; (2) the use of the Specified Materials is for non-commercial and informational use only; (3) you properly attribute the Specified Materials to Tenable and provide a link back to the Site; (4) nothing on your site reflects negatively on Tenable or its products; and (5) you agree that Tenable may withdraw this permission at any time for any reason.
If you have any questions about the scope of your ability to use the Specified Materials or any other of Tenable's Materials, please contact Tenable as described in the "Legal Contact Information" section below. Any permission described in these Terms terminates automatically without notice if you breach any of these Terms. Upon termination, you will immediately destroy any downloaded or printed Materials.
Except where expressly provided otherwise by Tenable, nothing on the Site shall be construed to confer any license under any of Tenable's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Any unauthorized use of any Materials contained on the Site may violate intellectual property laws, the laws of privacy and publicity, communications regulations and statutes, or other applicable laws.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Tenable reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
LINKS TO THIRD PARTY SITES
The Site may contain links to web sites controlled by parties other than Tenable. Tenable is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. Tenable is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tenable of the linked web site. It is your responsibility to take precautions to ensure that whatever materials you copy or download from third party web sites are free of viruses or other items of a destructive nature.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
RESTRICTED RIGHTS LEGEND
Any software that is downloaded from the 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 Tenable Network Security, Inc., 7063 Columbia Gateway Drive, Suite 100, Columbia, MD 21046.
Except where expressly provided otherwise by Tenable, all comments, feedback, information or materials submitted to Tenable through or in association with the Site ("Submissions") shall be considered non-confidential and Tenable's property. By providing such Submissions to Tenable, you agree to assign to Tenable, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights in the Submissions. Tenable shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you, not Tenable, have full responsibility for the Submissions that you provide, including their legality, reliability, appropriateness, originality and copyright.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY TENABLE, THE MATERIALS ON THE SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR NON-COMMERCIAL USE ONLY, AND TENABLE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. TENABLE MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE SITE.
LIMITATION OF LIABILITY
TENABLE 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 TENABLE BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OF ANY MATERIALS CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, EVEN IF TENABLE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND YOU WILL NOT MAKE A CLAIM AGAINST TENABLE FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD TENABLE HARMLESS FROM, AND YOU COVENANT NOT TO SUE TENABLE FOR, ANY CLAIMS BASED ON OR RELATED TO YOUR USE OF THE SITE OR OF ANY MATERIALS CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE.
You agree to indemnify, defend and hold harmless Tenable and its officers, agents, employees, licensors and service providers from and against any and all claims, losses, liabilities and expenses (including attorney's fees and other legal costs), whether arising in contract, tort or otherwise, relating to or arising out of your breach of these Terms, applicable law or any right of Tenable and/or any Third Party Provider.
LOCAL LAWS; EXPORT CONTROL
Tenable controls and operates the Site from its headquarters in the United States of America and makes no representation that the Materials are appropriate or available for use in other locations. If you use the 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. Unless otherwise explicitly stated, all marketing or promotional materials found on the Site are solely directed to individuals, companies or other entities located in the United States of America. You acknowledge and agree that the Materials are subject to the U.S. Export Administration laws and regulations. Diversion of the Materials in breach of such laws and regulations, or any other federal, state, local or foreign law, is prohibited. You represent and agree that none of the Materials, nor any direct product derived from any Materials, 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 authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. This list is subject to change without further notice from Tenable, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining any required licenses to export or re-export the Materials.
The Site may include inaccuracies or typographical errors. Tenable and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described on the Site at any time without notice. Tenable may periodically make changes to the Site. Any action related to these Terms will be governed by Maryland law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. You agree that any proceeding to enforce these Terms will be brought in a state or federal court located in Maryland. You agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding to enforce these Terms and waive any objections to venue in these courts. These Terms represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Tenable has the right to revise these Terms at any time without notice by updating this posting. Any subsequent use of the Site by you will be governed by the revised Terms. Any rights not expressly granted herein are reserved by Tenable. Headings are used in these Terms for reference purposes only and shall not be used to interpret or construe these Terms. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions enforced.
INTELLECTUAL PROPERTY NOTICES
Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Tenable.
Tenable, the Tenable logo, Nessus, the Nessus logo, and/or other Tenable products referenced herein are trademarks of Tenable Network Security, Inc., and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
Copyright © 2002-2011 Tenable Network Security, Inc., 7063 Columbia Gateway Drive, Suite 100, Columbia, MD 20146. All rights reserved.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Tenable's copyright agent the following written information: (1) a 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 upon; (3) a description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good-faith belief that the disputed use has not been authorized; and (6) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Tenable's copyright agent for notice of claims of copyright infringement on the Site can be reached at the following address:
Tenable Network Security, Inc.
Attn: Legal Department
7063 Columbia Gateway Drive, Suite 100
Columbia, MD 21046
If you have any questions about these Terms, or if you would like to request permission to use any Materials in any manner not expressly authorized in these Terms, please contact the Tenable legal department at (877) 448-0489.
Effective Date: March 01, 2011
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