Zone Labs, L.L.C. (“ZoneAlarm”) makes information and products available on this Web site (the “Site”), subject to the following terms and conditions. By accessing the Site, you agree to these terms and conditions. ZoneAlarm reserves the right to change these terms and conditions, and the products, services, prices, and programs mentioned on the Site at any time, at its sole discretion, without notice and your continued use of the Site constitutes your acceptance of such revised terms. ZoneAlarm reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.
Use of Site Materials
All documents and other information provided on this Site, including trademarks, logos, graphics and images (the “Materials”) are provided to you by ZoneAlarm and are protected by copyright, trade dress, and other laws. This Site, and the materials and services offered herein, are intended for users 13 years of age or older. Individuals under the age of 13 are requested not to access the Site.
ZoneAlarm grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials on this Site, provided that: (1) both the ZoneAlarm copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded; (2) such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Materials. You agree not to “frame” or “mirror” any Materials contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of ZoneAlarm.
You acknowledge that, except as expressly stated herein, you have no right, title or interest in or to the Materials.
Check Point, Check Point logo, DefenseNet, IMsecure, OSFirewall, Safe@Office, SmartDefense, SmartDefense Advisor, TrueVector, ZoneAlarm, ZoneAlarm Anti-Spyware, Zonealarm PRO Antivirus + Firewall, ZoneAlarm DataLock, ZoneAlarm ForceField, ZoneAlarm Free Firewall, ZoneAlarm Internet Security Suite, ZoneAlarm Pro, ZoneAlarm Secure Wireless Router, Privacy & Security Toolbar, Zone Labs, and the Zone Labs logo are trademarks or registered trademarks of Check Point Software Technologies Ltd. or its affiliates. ZoneAlarm is a Check Point Software Technologies, Inc. Company. All other product names mentioned herein are trademarks or registered trademarks of their respective owners. The products described in this document are protected by U.S. Patent No. 5,606,668, 5,835,726, 5,987,611, 6,496,935, 6,873,988, 6,850,943, 7,165,076, 7,540,013, 7,725,737 and 7,788,726 and may be protected by other U.S. Patents, foreign patents, or pending applications.
Use of the Software
The software programs available to download from the Site (the “Software”) are the copyrighted work of ZoneAlarm (except as otherwise indicated on the Site). The Software is protected by the copyright and patent laws of the United States and international treaties. Use of the Software is governed by the terms of the applicable end user license agreement, which accompanies such Software. You will not be able to use, download, or install any Software unless you agree to the terms of such end user license agreement.
Password Restricted Areas of the Site
Certain areas of the Site (including but not limited to purchase history pages and certain technical support pages) are password restricted to authorized users (“Restricted Areas”). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and account, and agree to notify ZoneAlarm if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify ZoneAlarm of any unauthorized use of your account or any other breach of security in relation to the Site known to you.
ZoneAlarm does not collect personally identifiable information from, nor allow the creation of user accounts by, individuals under the age of 13. If we have specific knowledge that an individual under the age of 13 has submitted personally identifiable information to this Site, we will delete such information permanently and without notice.
If you have selected an autorenewal option, your subscription and these terms and conditions shall automatically renew for additional one (1) year periods (each a “Renewal Term”), unless you provide written notice of your intent not to renew your subscription forty-five (45) days before the expiration of the then-current term. You may be automatically billed thirty (30) days prior to the start of a Renewal Term.
Warranties and Disclaimers; Liability Limitations
DISCLAIMER OF WARRANTY: THE SITE AND SOFTWARE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. ZONEALARM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN RELATING TO THE SITE OR SOFTWARE. ZONEALARM DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE AND SOFTWARE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE MAY CONTAIN INFORMATION POSTED BY THIRD PARTIES. ZONEALARM DOES NOT GUARANTEE THE ACCURACY OF INFORMATION POSTED BY THIRD PARTIES AND DOES NOT WARRANT EXPRESSLY OR IMPLIEDLY ANY INFORMATION POSTED BY THIRD PARTIES.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZONEALARM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH THE SOFTWARE OR THE SITE. IN NO EVENT SHALL ZONEALARM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF ZONEALARM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ZONEALARM ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE INCLUDED WITHIN, REFERENCED BY, OR LINKED TO OR BY THE SITE.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, ZONEALARM MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.
Third-Party Web Sites
The Site contains links to third-party Web sites, which are not under the control of ZoneAlarm. Please note that when you click on these links you are moving to another Web site. ZoneAlarm makes no representations about third-party Web sites. When you access a third party Web site, you do so at your own risk. ZoneAlarm is not responsible for the reliability of any data, opinions, advice, or statements made on third-party Web sites. ZoneAlarm provides these links merely as a convenience. The inclusion of such links does not imply that ZoneAlarm endorses, recommends, or accepts any responsibility for the content of such sites.
Third-Party Products and Services
The Site may contain mention of third-party products and services for informational purposes. Third party products and services are the products and services of such third parties and ZoneAlarm does not warrant impliedly or expressly the quality and/or reliability of such third party products and services. ZoneAlarm makes no recommendations or endorsements about third-party products and services. References to third-party services and products are provided by ZoneAlarm “as is,” without warranty of any kind, either express or implied, or statutory, including, but without limitation, the implied warranties of noninfringement of third party rights, merchantability, and fitness for a particular purpose.
Governing Law and Jurisdiction
You agree that all matters relating to your access to, or use of, the Site shall be governed by the laws of the state of California. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of San Francisco County in California and the United States District Court for the Northern District of California, with respect to such matters.
ZoneAlarm makes no representation that information on the Site is appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access the Site do so on their own initiative and of their own risk and are responsible for compliance with all applicable laws.
Export Control Laws
You acknowledge that the Software is subject to the export control laws and regulations of the United States (“U.S.”) and agree to abide by those laws and regulations. Under U.S. law, the Software may not be downloaded or otherwise exported, reexported, or transferred to restricted countries, restricted end-users, or for restricted end-uses. The U.S. currently has embargo restrictions against Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. The lists of restricted end-users are maintained on the U.S. Commerce Department’s Denied Persons List, the Commerce Department’s Entity List, the Commerce Department’s List of Unverified Persons, and the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons. In addition, the Software may not be downloaded or otherwise exported, reexported, or transferred to an end-user engaged in activities related to weapons of mass destruction.
United States Government Rights
The Software available to download from this Site is commercial computer software as that term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFAR”) and its successors.