Terms and conditions of use for Testify
SERVICES SOLD THROUGH THE PORTAL
Testify offers a variety of online services (collectively referred to as “Services”) for testing and purchase through this portal. These TOU do not apply to the sale, purchase or other use of the Services. The Services, including any updates, enhancements or new features, are governed by the applicable agreements to which the purchase or use of the Services is subject.
As a condition of use of the Portal, you are not allowed
to use the portal in a way that violates applicable law,
to use the Portal to harm other persons or to interfere with their use of the Portal
to attempt to gain unauthorized access to the Portal or services sold there, or deny other persons access to the Portal or services sold there,
to give false information about your identity.
If Testify believes that the Portal is being used in an unauthorized or improper manner, Testify may take appropriate action, including blocking messages from certain Internet domains, mail servers or IP addresses, without notice and in its sole discretion. Violations may result in termination of your account.
ACCOUNT, PASSWORD AND SECURITY
If it is necessary to open an account in parts of the portal, you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You will also choose a password and a user name. You are fully responsible for maintaining the confidentiality of your password and account. In addition, you are entirely responsible for all activities that occur under your account. You agree to notify Testify immediately of any unauthorized use of your account or any other breach of security. Testify will not be liable for any loss that you may incur if someone else uses your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Testify or another party due to someone else using your account or password. You may not use anyone else’s account at any time without permission from the account holder.
USE OF THE PORTAL
In no event shall Testify or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Portal. Testify does not warrant that the website and its servers are free of computer viruses or other harmful mechanisms.
SOFTWARE AVAILABLE THROUGH THE PORTAL
Any software made available to download from the Portal (“Software”) is the copyrighted work of Testify or its suppliers. Use of the Software is governed by the terms of the license agreement, if any, which accompanies or is included in the Software. Any use, reproduction, or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil and criminal penalties.
The Software is warranted, if at all, only in accordance with the license terms. Except for the warranty(s) in the License Terms, Testify hereby disclaims all warranties and conditions with respect to the Software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
To assist you, Testify may make tools or utilities available for use or download on this portal. Testify makes no representations as to the accuracy of the results or output resulting from such use of these tools or utilities.
DOCUMENTS AVAILABLE THROUGH THE PORTAL
Permission is granted to use documents made available on the Portal, such as help topics, white papers, datasheets and FAQs (collectively referred to as “Documents”), provided that
the copyright notice below appears in all copies and both the copyright notice and this permission notice appear,
the use of the Documents is for informational, non-commercial or personal use only and the Documents will not be copied or posted on any network computer or broadcast in any media; and
no changes are made to the documents. Use for any other purpose is expressly prohibited by law and may result in civil or criminal penalties.
Testify and its suppliers make no representations about the suitability of the information contained in the documents for any purpose. The documents are provided “as is” and without warranty of any kind. Testify and its suppliers hereby disclaim all warranties and conditions with respect to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
INDUSTRIAL PROPERTY RIGHTS AND COPYRIGHT
All rights, title and interest in the Portal, including copyrights, patents, trade secrets, trademarks or other proprietary rights, are retained by Testify. Testify reserves all rights not expressly granted. These TOU do not grant, directly or indirectly, any rights to Testify’s trademarks, trade names or logos.
All text, graphics and images are copyrighted and may not be used without the express written permission of Testify. The Testify and Testify logos are registered trademarks of Testify.
All company, product or brand names mentioned in Testify’s pages may be trademarks of their respective owners.
If you provide feedback to Testify about the Portal, you grant Testify the right, free of charge, to use, share and use your feedback with third parties for commercial purposes and in any manner and for any purpose. In addition, you assign, without charge, any patent rights to third parties for their products, technologies and services that are intended for use with or interface to specific parts of any Testify software or service for which your feedback is used. You may not provide feedback that is covered by a license agreement that requires Testify to license software or documentation to third parties because we use your feedback for them. These rights are valid beyond this TOU.
Links to this website, even to pages in depth, are welcome. A transfer of the main window into a frame set of the link setter is not allowed.
Own links to external sites are only signposts to these sites; they are therefore regularly displayed in a separate browser window by means of an external link. Testify does not identify with the content of the linked sites and assumes no liability for them. If any of the linked pages contain questionable or illegal content, please notify Testify; in such a case, the link will be deleted immediately.
The legal relationship established between you and Testify through the use of the Site is governed by the laws of the Republic of Austria. In the event of disputes with companies resulting from the use of these Internet pages, the place of jurisdiction is the registered office of Testify in Linz (Austria).
If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.