Open iT

Open iT Terms of Use

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terms_of_use

Legal Statement

ATTENTION: PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING www.openit.com (THIS "WEB SITE").  YOUR USE OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS COPYRIGHT STATEMENT AND TERMS OF USE (COLLECTIVELY, "TERMS OF USE").  IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEB SITE.

Open iT reserves the right to modify these Terms of Use without notice and any modification are effective when they are posted here.  Open iT may, at any time, in its discretion terminate your access to this Web Site.  Access to Web Site may be monitored by Open iT.  If you are accessing this Web Site as a representative of an organization, these Terms of Use bind both you individually and the organization and references to "you" and "your" shall be construed to apply to you individually and the organization.

While Open iT maintains copyright protection in all materials, information and publications (collectively, "Web Site Information") it places on this Web Site, Open iT consents to normal downloading, copying and distribution of the information for non-commercial purposes by you or within your organization only.  In consideration of this consent, you agree that copies of the Web Site Information will retain all copyright and other proprietary notices and that you will not modify the Web Site Information in any way.  Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish or distribute any Web Site Information, in whole or in part, without the prior consent of Open iT.

As a condition of your use of this Web Site, you will not use the Web Site or the Web Site Information for any purpose that is unlawful or prohibited by these Terms of Use.  You will not use this Web Site in any manner that could damage, disable, overload or impair the operation of this Web Site or use by third parties.

Certain restricted product information is available on this Web Site only to registered customers or partners of Open iT that are registered to receive information via passwords issued by Open iT.  This restricted information is considered confidential and proprietary information of Open iT.  If you are a registered customer or a representative of a registered customer, Open iT authorizes you to download, copy, distribute and use the restricted information for yourself, or, if applicable, only within the customer organization, and only for the intended purposes authorized by Open iT.  Issuance of a registration password is conditioned to the customer's use of the information in accordance with the terms of their license, product or service agreement with Open iT.  You shall not transfer your password to unauthorized parties.  You will immediately notify Open iT of any unauthorized use of your password.  You are responsible for use of your password.  You will not attempt to gain unauthorized access to any Web Site Information or area within this Web Site.

You  may link to the Open iT home page, but are not authorized to link to any other page on the Open iT Web Site without the prior express written consent of Open iT provided that Open iT reserves the right to withdraw this consent at any time ion its discretion.  You may not use any of Open iT's proprietary logos, marks, or other distinctive graphics in your links.

Any software that is available for download from this Web Site is the property of Open iT.  Any use or reproduction of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software.  Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Web Site, if any, is governed by the terms of the agreement applicable to that product or service.

Open iT shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war or other like causes beyond the reasonable control of Open iT.  Open iT shall have no responsibility to provide access to this Web Site while the interruption of this Web Site due to any such cause shall continue.  Open iT may discontinue providing access to this Web Site at any time.

Disclaimer, Limatation of Liability; Indemnity

This Web Site and all Web Site Information is provided "AS IS" and "WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THOSE REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION, WARANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.  It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

IN NO EVENT WILL OPEN IT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULT OF USE OF, THIS SITE OR ANY SITE LINKED TO WWW.openit.com.  WITHOUT LIMITING THE FOREGOING, OPEN IT SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS WEB SITE OR ANY WEB SITE INFORMATION WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION.

You agree to release, defend, indemnify  and hold Open iT harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fee and costs, arising out of or in any way connected with your access to or use of this Web Site or any Web Site Information.

Submission

Any information, material or idea you submit to this Web Site by any means will be treated as non-confidential and non-proprietary and may be use by Open iT and its affiliates for any purpose whatsoever, including without limitation the development and/or provision of products and services except that all personal data submitted to this Web Site will be used by Open iT in accordance with its privacy policy.  You shall not post or otherwise transmit to or from this Web Site by any means any defamatory, libelous, obscene, unlawful, or pornographic material or any other material or information which could result in any civil or criminal liability.

Severability

If any provision of these Terms of Use are found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision).  As so reformed or modified, the court shall fully enforced these Terms of Use.