PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE & SOFTWARE
In these Terms, “you”, “your” and “yours” refer to a user and PingSense is referred to as “we”, “us” and “our”. If we refer to our “Site” we mean our website from which you can download our Software, accessible via the URL https://pingsense.com
These Terms form a legally binding agreement between you and us. If you are acting in your capacity as a representative of a company, you warrant that you are authorized to enter into this Agreement on behalf of your company and to bind your company.
When you download our Software, you express your acknowledgement and acceptance of our Terms and EULA. If you do not agree to any of the provisions of these Terms, please do not use our Software. You can always refer back to the most recent version of these Terms by visiting our Site.
We may amend our Terms from time to time, for example to improve user functionality, add new features or to reflect changes in the law. Therefore, please make sure you check the Terms regularly so that you are aware of any variations made. You can always find the most recent version of our Terms at https://pingsense.com/terms
If the changes we make to our Terms materially affect your rights or obligations, we will notify you of such changes on our Site. Such changes will come into effect 30 days after the notification date. Should you not agree to the changes, you should not continue to use our Software. Your continued use of our Software after a variation has come into effect, is deemed your acceptance of our revised Terms and you will be bound by the revised Terms.
We may transfer our rights and obligations under these Terms to a third party, for example as part of a sale of all or part of our assets. We will try to give you reasonable notice of such transfer via our Site and we will ensure that such transfer will not prejudice your rights and obligations under these Terms.
You may not transfer your rights and obligations under these Terms under any circumstances without our prior consent. Any such transfer shall be deemed null and void.
Right to use our Software and restrictions
You must not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivate works of our Software.
You must not sell, resell, lend, rent, lease or redistribute our Software.
You agree not to misuse our Software or help anyone else to do so by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Software, the servers on which our Software is stored or any server, computer or database connected to our Software. You must not test the vulnerability of our Software or breach or otherwise circumvent any security or authentication measures put in place. By breaching this paragraph, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities, including by disclosing your identity to them.
Intellectual property rights
Our Software Product (including but not limited to any images, photographs, text, incorporated into the Software Product) is a property of PingSense and is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. All such rights are reserved by us.
Linking to our Site
You are granted the right to publish a hyperlink to our Site.
We provide our Software on an ‘as is’ basis, without warranties of any kind, whether express or implied. The use of our Software is at your own risk.
We do not assume liability for any errors, omissions and inaccuracies in the Software, the underlying software, and in any content and information available through the Software. We do not warrant that our Software will meet your requirements or that it is fully compatible with the operating system you use.
We do not guarantee that our Software will at all times be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Software for business and operational reasons. For example, we may need to make changes to reflect our users’ needs and our business priorities. We will try to give you reasonable prior notice of any suspension or withdrawal, unless extenuating circumstances prevent us from doing so.
We do not guarantee that our Software will always be secure and free from bugs or viruses. You should use your own virus protection software at all times.
You are solely responsible for configuring your information technology, computer programmes and computer settings to access our Software in the best and safest possible way.
LIMITATION OF LIABILITY
Insofar as permitted by applicable law, we do not assume liability for any losses or damages — including for loss of data, loss of profits, loss of business opportunities, loss of goodwill, damages for personal or bodily injury or emotional distress — arising out of or resulting from the use of (or inability to use) our Software, the conduct or content of other users or third parties using our Software, or otherwise in connection with these Terms. You are solely liable for your use of our Software.
It does not matter whether such claims are based on warranties, contract or tort, and whether we are informed of the possibility of such damages before they are incurred.
Notwithstanding the above limitations of our liability, in any event our aggregate liability shall not exceed the amount of license fees paid, if any.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees and for fraud or fraudulent misrepresentation.
You agree to indemnify, keep indemnified and hold us and our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages (direct, indirect and consequential damages), losses and expenses (including reasonable legal fees), arising out of or in connection with (a) your breach of these Terms; (b) your improper use of our Software; (c) your communication and interaction with other users, and; (d) your breach of any laws, regulations or third-party rights.
We have the right to immediately terminate this Agreement without prior notice and at our sole discretion if you breach any provision of these Terms, any terms incorporated in them by reference, or any other laws or regulations applicable to you. If this Agreement is terminated, you have to stop using our Software immediately and delete all copies of our Software from your computer promptly. Our right to terminate this Agreement in such an event is cumulative to and does not affect our other rights and remedies.
This Agreement forms the entire understanding between you and us in regards to the subject matter of this Agreement and supersedes any former understandings, documents or agreements.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Should any provision of these Terms be held invalid or unenforceable for any reason or to any extent in any jurisdiction, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions, and the application of that provision shall be enforced to the fullest extent permitted by law.