User Account Terms & Conditions
FalconStor Software, Inc. ("FalconStor") provides a web site located at the url http://partners.falconstor.com that allows registered employees of FalconStor's partners ("Registered Users") to gain access to relevant information about FalconStor and its products (the "Partner Portal").
Agreement Terms and Conditions
This Agreement describes the Terms and Conditions applicable to your use of the Partner Portal. By clicking the "I AGREE" button below, you accept the terms and conditions of this Agreement.
- The Partner Portal is available to employees of FalconStor's Solution Providers/Authorized Resellers, Distributors and System Integrators("Partners"). FalconStor reserves the right, in its sole discretion, to accept or reject an application to become a Registered User.
- To become a Registered User, you must fill out the "Request Account" form located on the partner application page of http://partners.falconstor.com/?pg=request.account.
- You agree to provide true, accurate, current and complete materials or information regarding you and your use of the Partner Portal (including without limitation any account registration information or personalized settings) (collectively, "Account Information").
Use of Information
You may use White Papers, Case Studies, Application Notes, Tech Notes, Brochures, Multimedia (Videos, Flash, Podcasts, Webcasts), HTML and email templates, website listing kit, product descriptions, solutions positioning statements, competitive materials, customer presentations, and other documents on the Partner Portal (collectively, "Documents"), provided that (1) you include the copyright notice in all copies, (2) your use of the Documents is for the purpose of promoting, selling or supporting FalconStor and/or its products only, and (3) you make no modifications to the Documents unless in cooperation with and under written authorization from FalconStor marketing. Any other use is expressly prohibited by law.
- All registered and unregistered trademarks, names and logos used on the Partner Portal are used with the permission of FalconStor or the relevant third party owners.
- Nothing contained in or displayed on the Partner Portal 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.
No Representations or Warranties; Limitation of Liability
FALCONSTOR PROVIDES THE FALCONSTOR CUSTOMER SUPPORT PORTAL 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 FALCONSTOR CUSTOMER SUPPORT PORTAL AND/OR ANY DOCUMENTS OR INFORMATION CONTAINED IN THE FALCONSTOR CUSTOMER SUPPORT PORTAL 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 FALCONSTOR CUSTOMER SUPPORT PORTAL 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 FALCONSTOR CUSTOMER SUPORT PORTAL.
Termination of Access
- FalconStor reserves the right, in its sole discretion, to terminate your access to or use of the Partner Portal or any portion thereof at any time for any reason whatsoever without obligation of notice.
- Notwithstanding the foregoing, your right to use the Partner Portal shall automatically terminate when you cease to be employed by a Partner. Your right to use the Partner Portal shall also terminate automatically if your employer ceases to be a FalconStor Partner.
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.
Use of Partner Portal from outside the United States
The information on this Partner Portal 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 Partner Portal from, a country other than the United States ("User Country"), you acknowledge that:
- if the information and these Terms and Conditions satisfy the laws of the User Country, then you are entitled to use and access the Partner Portal;
- if the information and these Terms and Conditions do not satisfy the laws of the User Country, then this Partner Portal is not intended for your use and you are not entitled to rely on the information contained on this Partner Portal. If you do so, you agree to indemnify FalconStor for any loss or damage which FalconStor may incur as a result.