From Fortian

Terms of Use

www.fortian-inc.com

(Effective February 5, 2009)

Please read these Terms of Use (the "Terms of Use" or "Terms") carefully because they apply to your use of the Fortian Inc. ("Fortian") website available at http://www.fortian-inc.com/ (the "Website"). These Terms do not apply to the websites of Fortian Inc.'s affiliates.

Fortian Inc. ("Fortian"), a Maryland corporation with a business office at 8618 Kiama Rd, Laurel, Maryland, 20708, United States, makes the Website available to you to use on the terms and conditions set forth in these Terms of Use.

YOUR USE OF THE WEBSITE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. By accessing or using the Website you also represent that you have the legal authority to accept these Terms of Use on behalf of yourself and any party you represent in connection with your use of the Website. If you do not agree to these terms, you are not authorized to use the Website.

The Website is controlled and offered by Fortian from its facilities in the United States of America. Fortian makes no representations that the Website is appropriate or available for use in other locations. If you are accessing or using the Website from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law.

Changes to these Terms of Use

From time to time, Fortian may change these Terms of Use, and reserves the right to do so in its sole discretion. In that case, we will post the updated Terms of Use to the Website and indicate the date of revision. Your continued use of the Website after the revised Terms of Use have been posted indicate that you have read, understood and agreed to the current version of these Terms of Use.

About the Website Generally

Fortian makes the Website available to you on these Terms. You may only use the Website in accordance with these Terms and, in particular but without limitation, you may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use or any other conditions or notices that are made available on the Website.

Privacy Policy

Fortian is committed to handling responsibly the information and data we collect through our Website and agrees to use your personal information in accordance with the Privacy Policy and these Terms of Use. The Privacy Policy is hereby incorporated into these Terms.

Termination

Your right to use the Website terminates automatically upon your breach of any of these Terms of Use.

In addition, Fortian may, at any time:

• modify, suspend or terminate the operation of or access to the Website, or any portion of the Website, for any reason;
• modify or change the Website, or any portion of the Website, and any applicable Terms of Use and policies governing the use of the Website, for any reason;
• interrupt the operation of the Website, or any portion of the Website, for any reason,

all as Fortian deems appropriate in its discretion.

The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable Fortian license. Your warranties and indemnification obligations shall survive any termination for one year.

Use of Content Posted to the Website

With the exception of these Terms of Use and the Privacy Policy, all content on the Website is owned and copyrighted by Fortian, ALL RIGHTS RESERVED. These Terms of Use and the Privacy Policy are owned and copyrighted by Fortian, and licensed under a Creative Commons Attribution 3.0 Unported License. You represent and warrant to Fortian that you will use any and all content, text, or images made available at the Website in accordance with the applicable license.

By using the Website, you agree that you are solely responsible for your use of any and all Content made available thereon. Under no circumstances is Fortian liable in any way for any Content, including, but not limited to: any errors or omissions in Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Website.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content.

You further agree that all content posted by Fortian on the Website is made available under the terms of the license specified on the Website, and that all rights not expressly granted under the terms of such license are reserved to Fortian and its licensors.

User Conduct

Users of the Website agree not to use the Website to:

• Post, use or transmit material or Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
• Post, use or transmit unsolicited or unauthorized materials or Content, including advertising or promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unsolicited or unwelcome solicitation or advertising;
• Post, use or transmit material or Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Website or servers or networks connected to the Website, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Website;
• Post or transmit material or Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise objectionable, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
• Intimidate or harass another;
• Use or attempt to use another's account, service, or personal information;
• Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website;
• Attempt to gain unauthorized access to the Website, other accounts, or computer systems or networks connected to the Website, through "hacking," "password mining," or any other means, or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website;
• Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of our Website; or
• Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• In addition, you may not (and may not authorize another party to):
  1. frame or otherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute this Website; or,
  2. use the Website in any manner that could disable, overburden, damage or impair the Website, or interfere with any other party's use and enjoyment of the Website.

Third Party Websites and Third Party Content

The Website may contain links to websites not controlled by Fortian ("Third Party Websites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information and other Stories or items belonging to or originating from persons or organizations other than Fortian ("Third Party Content"). You acknowledge that Fortian:

1. is not responsible or liable for any Third Party Websites, including without limitation, the Third Party Content, information or products made available at any Third Party Website;
2. has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness or completeness;
3. has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and
4. makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, FORTIAN OFFERS THE WEBSITE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FORTIAN DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FORTIAN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL FORTIAN, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS ("THE FORTIAN PARTIES") BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE FORTIAN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FORTIAN PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR YOUR USE OF THE WEBSITE OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITE OR OTHERWISE RELATING TO THE WEBSITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, THE LIABILITY OF THE FORTIAN PARTIES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU DIRECTLY TO FORTIAN FOR THE USE OR ENJOYMENT OF THE WEBSITE.

Indemnification for Breach of Terms of Use

You agree to indemnify and hold harmless the Fortian Parties (defined above) from and against any and all loss, expenses, damages and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of these Terms of Use. You also agree to indemnify and hold harmless the Fortian Parties from and against any and all claims brought by third parties arising out of your use of the Website.

Trademarks

The Website may contain trademarks, service marks, logos and other names ("Marks") that are the property of Fortian or such other party as indicated with respect to that name or icon. In the case of Fortian's Marks, all rights are reserved. You may not use Fortian's Marks without prior authorization, in writing, from an officer of Fortian. All other Marks that appear on the Website are property of their respective owners, and their presence of these Marks does not necessarily indicate an affiliation between Fortian and the owner of such Marks.

Other Terms of Use

These Terms of Use are governed by and construed by the laws of the State of Maryland, USA, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between Fortian and you concerning these Terms of Use and the Website shall be brought in a federal or state court of competent jurisdiction sitting in Maryland, US, and hereby consent to the personal jurisdiction and venue of such court. Either party's failure to insist on or enforce strict performance of any of these Terms of Use shall not be construed as a waiver of any provision or right. If any term or part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Fortian as a result of these Terms of Use or your use of the Website. These terms constitute the entire agreement between you and Fortian relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to these Terms of Use as made available by Fortian from time to time) between you and Fortian. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.

These Terms of Use are Effective as of February 5, 2009

Copyright © 2003-2013 Fortian. All rights reserved.
Use of this website is restricted by the Terms of Use.
The Fortian name is a registered trademark of Fortian Inc.
The Fortian logo and the phrase "Redefining Network Technology" are trademarks of Fortian Inc.