Foundstone, Inc. - Terms of Use

1. Acceptance of Terms

1.1 Read these Foundstone, Inc. ("Foundstone") Terms of Use ("Terms") carefully before you ("You") accept these Terms by: (a) selecting the "Download" button at the end of the Terms, and (b) downloading any of the Foundstone Tools ("Tools") located on this web site. If You do not agree to all of these Terms do not download any of the Tools.

1.2 The Terms are entered into by and between Foundstone and You. Foundstone provides Tools to You strictly subject to the Terms.

2. Permitted Use

2.1 The Tools may be downloaded for personal and/or non-commercial use.

2.2 You may not modify, reverse engineer, make derivative works of, distribute, transmit or sell any of the Tools without the express written consent of Foundstone.

2.3 The Tools may not be used by You or any other party for any purpose that violates any local, state, federal or foreign law. You understand that breaking into any network or computer system not owned by You may be illegal.

3. Technical Support
Foundstone does not offer any technical or customer support for the Tools.

4. No Express or Implied Warranty
THE TOOLS ARE PROVIDED TO YOU "AS IS." FOUNDSTONE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT THE EFFECTIVENESS, COMPLETENESS OR FITNESS OF THE TOOLS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

5. Limitation of Liability

5.1 YOU AGREE THAT FOUNDSTONE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE TOOLS, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO, OR VIRUSES OR "TROJAN HORSES" THAT MAY INFECT OR INVADE, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, EVEN IF FOUNDSTONE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

5.2 YOU AGREE TO HOLD FOUNDSTONE HARMLESS FROM, AND YOU COVENANT NOT TO SUE FOUNDSTONE FOR, ANY CLAIMS BASED ON YOUR USE OF, OR YOUR INABILITY TO USE, THE TOOLS.

6. Indemnification
You agree to indemnify and hold Foundstone and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim or demand, including attorney's fees, made by any third party due to or arising out of Your use of the Tools, breach of the Terms, or violation of the rights of another.

7. Intellectual Property Rights
The Tools and all names, marks, brands, logos, designs, trade dress and other designations Foundstone uses in connection with the Tools are proprietary to Foundstone and are protected by applicable intellectual property laws, including, but not limited to copyrights and trademarks. Accordingly, You may not modify, reverse engineer, make derivative works of, distribute, transmit or sell any of the Tools, nor may You remove or alter any of Foundstone's trademarks from the Tools or co-brand any of the Tools, without the express written consent of Foundstone.

8. Miscellaneous

8.1 California law and controlling United States federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. You and Foundstone agree to submit to the personal and exclusive jurisdiction of the California state court located in Santa Ana, California and the United States District Court for the Central District of California.

8.2 The Terms constitute the entire agreement between You and Foundstone and govern Your use of the Tools, superseding any prior agreements between You and Foundstone (including, but not limited to, prior versions of the Terms).

8.3 Foundstone controls and operates this website from various locations in the United States of America and makes no representation that these Tools are appropriate or available for use in other locations. If You use this website from locations outside the United States of America, You are responsible for compliance with applicable local laws, including, but not limited to, the export and import regulations of other countries.

8.4 These Terms and this website could include inaccuracies or typographical errors. Foundstone may make improvements and/or changes to the Terms or the website at any time without notice.

8.5 The failure of Foundstone to enforce or exercise any right or provision of the Terms does not constitute a waiver of such right or provision.

8.6 In the event any provision of this Agreement is held to be unenforceable in any respect, such unenforceability shall not affect any other provision of this Agreement, provided that the expected economic benefits of this Agreement are not denied to either party.

8.7 You acknowledge and agree that the Tools, which are the subject of this Agreement, may be controlled for export purposes. You agree to comply strictly with all United States export laws and regulations, including, but not limited to the United States Export Administration Regulations, International Traffic in Arms Regulations, Office of Foreign Asset Control, treaties, Executive Orders, laws, statutes, amendments, or supplement thereto, and You assume sole responsibility for any required export approval and/or licenses and all related costs. You acknowledge that export of the Tools contrary to United States law is prohibited. You agree that the Tools is not being nor will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed, embargoed, or prohibited countries or their nationals, denied destinations, nor be used for nuclear activities, chemical biological weapons or missile projects. Proscribed countries, destinations, and people are set forth in the United States Export Administration Regulations, and the Office of Foreign Asset Control’s Specially Designated Nationals list, and are subject to change without further notice from Foundstone.

You agree not to resell, re-export, or ship, directly or indirectly, the Tools in any form without obtaining appropriate export or re-export licenses from the United States government. The fees and costs to obtain such approvals and consents shall be paid by You.

Click "Download Now" to accept the above Terms of Use

All questions, comments, and inquiries regarding this software will only be answered by emailing .

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