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Terms & Conditions
FalconStor Software, Inc. ("FalconStor") provides a web site located at the url https://falconstorsoftware.force.com/customers (the "FalconStor Customer Support Community" site) that allows Customers with valid FalconStor maintenance and support agreements to perform various support-related tasks when using FalconStor products. These tasks include creating support tickets, viewing currently open tickets, and supplying additional information on issues already reported. The FalconStor Customer Support Community site also provides general FalconStor product-related technical information via the FalconStor Knowledge Base, and product patch information.
  1. Agreement Terms and Conditions
    This Agreement describes the Terms and Conditions applicable to the Customer's use of the FalconStor Customer Support Community site. By clicking the "Yes" checkbox below, the Customer accepts the terms and conditions of this Agreement.
  2. Registration/Users
    1. The FalconStor Customer Support Community site is available to employees of FalconStor end-users, Solution Providers/Authorized Resellers, Distributors and System Integrators (each a "Customer"). FalconStor reserves the right, in its sole discretion, to accept or reject an application for use of the FalconStor Customer Support Community site.
    2. To become a Registered User, you must fill out the required fields on this form.
    3. Once the initial Customer Account is authorized, that account becomes the administrator and has the ability to manage other users within the company (each an "Authorized User"). FalconStor retains the right to add Authorized Users of the Customer Account unless informed in writing by the Customer that no users should be added to the Customer Account except by the Customer's account administrator.
    4. By default a FalconStor Customer has the ability to manage its end-user accounts as an Authorized User. However, the end-user account administrator may remove or enable the FalconStor Customer's access rights.
    5. All Authorized Users of a Customer Account must have email accounts in the same domain.
    6. The Customer is responsible for all use of the FalconStor Customer Support Community site, including compliance with these Terms and Conditions, for all Authorized Users of the Customer Account. It is the Customer's responsibility to ensure that the Authorized User credentials are secured and protected. FalconStor will attempt to send alert notification emails to the Customer account administrator when significant activities are detected. Significant activities include but are not limited to account creation, persistent retry using incorrect credentials, etc. This notification is provided as a courtesy only. Customer agrees that it does not create any obligation on FalconStor's part to customer and that the failure of FalconStor to provide an alert notification e-mail shall not create any liability of FalconStor to Customer. Customer waives any claim or cause of action of any type it might have against FalconStor for FalconStor's failure to provide alert notification e-mails.
    7. FalconStor reserves the right to terminate access for any user at any time, with or without cause or explanation.
  3. Use of Information
    You may use all materials accessed via the FalconStor Customer Support Community site, including, without limitation, White Papers, Case Studies, Application Notes, Tech Notes, and other documents (collectively, "Documents"), provided that your use is solely for the support and maintenance of your FalconStor products.
  4. Trademarks
    1. All registered and unregistered trademarks, names, and logos used on the FalconStor Support Community site are used with the permission of FalconStor or the relevant third-party owners.
    2. Nothing contained in or displayed on the FalconStor Support Community site should be interpreted or construed as granting any license or rights to use or distribute any names, logos or trademarks, without the express written agreement of FalconStor or the relevant contributor.
  5. No Representations or Warranties; Limitation of Liability
    FALCONSTOR PROVIDES THE FALCONSTOR CUSTOMER SUPPORT COMMUNITY SITE AND ALL DOCUMENTS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED. YOU AGREE THAT USE OF THE FALCONSTOR CUSTOMER SUPPORT COMMUNITY SITE AND/OR ANY DOCUMENTS OR INFORMATION CONTAINED IN THE FALCONSTOR CUSTOMER SUPPORT COMMUNITY SITE IS AT YOUR SOLE RISK. FALCONSTOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (II) THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR FREE, AND (III) THAT THE FALCONSTOR CUSTOMER SUPPORT COMMUNITY SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL CODE OR DATA.
    THE DOCUMENTS MIGHT INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
    IN NO EVENT SHALL FALCONSTOR SOFTWARE, INC. BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUE OR DATA OR INFORMATION LOSS, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY DOCUMENTS OR INFORMATION AVAILABLE ON THE FALCONSTOR CUSTOMER SUPPORT COMMUNITY SITE.
  6. Termination of Access
    1. FalconStor reserves the right, in its sole discretion, to terminate your access to or use of the FalconStor Customer Support Community site or any portion thereof at any time for any reason whatsoever without obligation of notice.
    2. Notwithstanding the foregoing, your right to use the FalconStor Customer Support Community site shall automatically terminate when the Customer no longer has a current maintenance and support agreement with FalconStor.
  7. Governing Law
    The Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without regard to its provisions on conflict of laws. You and FalconStor agree that any controversy or claim arising out of these Terms and Conditions shall be submitted to a state or federal court located in New York County, New York, and you consent to the personal and exclusive jurisdiction of such courts.
  8. Use of the FalconStor Customer Support Community site from outside the United States
    The information on the FalconStor Customer Support Community site and these Terms and Conditions have been prepared in accordance with the laws of the United States of America, but may not satisfy the laws of other countries. If any Authorized User resides in, or access the FalconStor Customer Support Community site from, a country other than the United States ("User Country"), the Customer acknowledges that:
    1. if the information and these Terms and Conditions satisfy the laws of the User Country, then the Authorized User is entitled to use and access the FalconStor Customer Support Community site;
    2. if the information and these Terms and Conditions do not satisfy the laws of the User Country, then the FalconStor Customer Support Community site is not intended for the Authorized User's use and the Authorized User is not entitled to rely on the information contained on the FalconStor Customer Support Community site. If the Authorized User does so, the Customer agrees to indemnify FalconStor for any loss or damage that the Customer may incur as a result.
Yes, I have read and agree to the terms and conditions.