PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. FalconStor Software, Inc. ("FalconStor") reserves the right to amend, remove, or add to these terms and conditions at any time without notice. Such modifications shall be effective immediately. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by FalconStor and shall be of no force or effect.
The websites located at http://www.FalconStor.com (the “Site”) and any subdomain, e.g., http://community.FalconStor.com are owned by FalconStor.
2. Restrictions on Use
(a) FalconStor may change or discontinue any feature of the Site, including the content, hours of availability and equipment required for access, at any time without notice.
(b) You may not copy, reproduce, republish, frame, post, upload, distribute, transmit or modify in any way all or any part of the material contained on this Site, unless expressly provided for on the Site or expressly authorized in writing by FalconStor.
(c) You may use White Papers, Case Studies, Application Notes, Tech Notes, Press Releases, Datasheets and other documents ("Documents"), provided that (1) you include the below copyright notice in all copies, (2) your use of the Documents is for personal, informational or non-commercial use only, and (3) you make no modifications to the Documents. Any other use is expressly prohibited by law.
(d) You will not do anything to damage, disable, or impair any FalconStor server. You must not transmit or attempt to transmit any data, code or other material of any kind to this Site which contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information. You may not use the Site for any unlawful purpose.
Copyright © 2001-2013 FalconStor Software. All Rights Reserved.
(a) All registered and unregistered trademarks, names and logos used on the Site are used with the permission of FalconStor or the relevant third party owners.
(b) Nothing contained in or displayed on the Site should be interpreted or construed as granting any license or rights to use or distribute any names, logos or trademarks, without the express written agreement of FalconStor or the relevant contributor.
6. No Representations or Warranties; Limitation of Liability
FALCONSTOR PROVIDES THE SITE AND ALL DOCUMENTS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED. YOU AGREE THAT USE OF THE SITE AND/OR ANY DOCUMENTS OR INFORMATION CONTAINED IN THE SITE IS AT YOUR SOLE RISK. FALCONSTOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (II) THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR FREE, AND (III) THAT THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL CODE OR DATA.
THE DOCUMENTS MIGHT INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
IN NO EVENT SHALL FALCONSTOR SOFTWARE, INC., BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUE OR DATA OR INFORMATION LOSS, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY DOCUMENTS OR INFORMATION AVAILABLE ON THE SITE.
7. Hyperlinks and Third Party Material on this Site
(a) The Site contains:
(i) hyperlinks and other pointers to internet web sites controlled and operated by third parties ("Linked Sites"); and
(ii) material provided by third parties, including stock price quotes ("Third Party Material").
(b) FalconStor is not responsible for the contents of, or any hyperlink contained in, a Linked Site or the Third Party Material, and is under no obligation to monitor or filter such material.
(c) You should not rely on the Third Party Material or the information at a Linked Site without making your own independent assessment of the information, and verifying its accuracy. FalconStor is not liable for loss of any kind (whether direct or consequential) arising from the information at this Site (including Third Party Material), or a Linked Site, being inaccurate, incomplete or misleading, and is not responsible for any interpretation, opinion or conclusion you form from the information.
(d) You acknowledge that the inclusion of Third Party Material and any links from the Site does not imply any endorsement or recommendation of the Third Party Material or the Linked Site by FalconStor. If you link to, or purchase any products or services from, any such Linked Site, you do so entirely at your own risk and FalconStor is not a party to any such transaction.
(e) FalconStor exercises no control over the quality, safety or legality of the items advertised or sold and statements made through any Linked Sites. The material on any Linked Site, including product information and prices, are the responsibility of the operator of the Linked Site. Any information contained on a Linked Site is subject to change without notice by the operator of that website.
(f) Your use of a Linked Site is subject to the terms and conditions of that site in addition to these Terms and Conditions. To the extent that there is any inconsistency between them, these Terms and Conditions prevail.
(g) If you have a dispute with one or more Linked Sites, to the fullest extent permitted by law, FalconStor, its officers, directors, agents and employees are released from liability for any claims, demands and damages (actual and consequential) arising out of or in any way connected with such disputes.
(a) The Terms and Conditions are effective until terminated by FalconStor. FalconStor may terminate this agreement and your access to the Site at any time without notice. If this happens, you are no longer authorized to access the Site.
(b) All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms and Conditions will survive termination.
9. Governing Law
The Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without regard to its provisions on conflict of laws. You and FalconStor agree that any controversy or claim arising out of these Terms and Conditions shall be submitted to a state or federal court located in New York County, New York, and you consent to the personal and exclusive jurisdiction of such courts.
10. Use of Site from outside the United States
The information on this Site and these Terms and Conditions have been prepared in accordance with the laws of the United States of America, but may not satisfy the laws of other countries. If you reside in, or access this Site from, a country other than the United States ("User Country"), you acknowledge that:
(a) if the information and these Terms and Conditions satisfy the laws of the User Country, then you are entitled to use and access the Site;
(b) if the information and these Terms and Conditions do not satisfy the laws of the User Country, then this Site is not intended for your use and you are not entitled to rely on the information contained on this Site. If you do so, you agree to indemnify FalconStor for any loss or damage which FalconStor may incur as a result.
Why we collect personal information
We collect personal information because it helps us deliver a superior level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. In addition, your personal information helps us keep you posted on the latest product announcements, software updates, special offers, and events that you might like to hear about. We need this information to help us improve our services to you; we want to make it easier to tailor our products and services to your particular needs. We also want you to have the most enjoyable Internet experience possible. With that in mind, we collect personal information and other data in order to:
At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.
How we protect your personal information
FalconStor Software operates in many countries throughout the world. Information may be collected in the U.S. and transferred to outside the U.S. in certain instances.
We take precautions to protect your personal information, including our policy of allowing access to this personal information to only to those individuals and entities with a need to know. We also use available technology and encryption, when legally required or when appropriate for your protection, to provide a more secure environment and to reduce the chance of unauthorized access.
Personal information is stored in a secure environment protected by a combination of physical and technical measures. The information may be kept in separate locations or it may be aggregated into reports, lists or databanks. There is no general public access to this information. In some cases, the personal information may be encrypted before you conduct your transaction, using appropriate secure technology. If you send us correspondence such as email or postal mail, or contact us by phone, we may collect such information in a file specific to you. These files will also be stored in secure locations.
Always keep in mind, however, that the Internet is not a secure system and you should always be cautious about the information you disclose while you are online. Although we take steps to protect your personal information against loss, misuse and alteration, as is the case with all computer networks linked to the Internet, we cannot absolutely guarantee the security of your personal information provided over the Internet and we will not be responsible for loss, misuse or alteration of the Personal Information.
Cookies and other technologies
You can set your browser to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. The information we collect and analyze is used to improve our service to you and personalize your web-browsing experience.
As is true of most Web sites, we also gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. We will not use the information collected to market directly to that person.
What is the process for reviewing and correcting information?
You may request a copy of the personal information that we have collected. You may also correct any inaccuracies contained in this Personal Information. We do not charge for information requests, although we may charge you a fee to cover our reasonable costs of actually providing you with a copy of your personal information. We will require proof of your identity. Please address requests to Web Service Representative, FalconStor Software, Inc., 2 Huntington Quadrangle, Suite 2S01, Melville, NY 11747 or contact our website administrator. We will provide you with a readable copy of the personal information within a reasonable time period after your request (usually 30 days, although we will acknowledge your request within 14 days). You may challenge the data that we hold about you, and, where appropriate, you may have the data corrected or completed. In some instances recognized by law, we may refuse to provide you with a copy of the personal information or change the data, but we will give you reasons for our refusal.
All registered and unregistered trademarks, names and logos used on the Site are used with the permission of FalconStor or the relevant third party owners.
Use of FalconStor's logos is by permission only. To request approval and guidelines for logo usage, please contact FalconStor Corporate Marketing.