12th January 2018

Terms of Use

These general terms and conditions govern the use of and access to the website of Evolveum s.r.o., Vendelinska 109, Lozorno 900 55, Slovakia, Central Europe (“Evolveum”), and the offer and acquisition of products and services of the Evolveum, made available to users at www.evolveum.com (“this website”).

Evolveum was constituted for indefinite duration upon the Articles of Incorporation, on 10th August 2011 and registered in the Register of Commercial Court Bratislava I, volume 74998/B, section: Sro. Its registered address is Vendelinska 109, Lozorno 900 55, Slovakia, ID: 46 296 859, tax code is 2023324358.

Use of this website and acquisition of any product or service by any user entails full acceptance of these terms and conditions and any specific terms published on the website. Accordingly, users are recommended to read carefully these terms and conditions and any instructions shown on the website each time they access the site.

Evolveum makes available information, materials, and products on this website subject to the following terms. By accessing or continuing to use this site or downloading or otherwise using any of the materials published on or made available for download from this website, you agree to these website terms and to the Evolveum Privacy and Cookie Policy which by these references are hereby expressly incorporated into these website terms. If you do not agree to these terms of use, please refrain from using this website.

Any rights not expressly granted herein are reserved by Evolveum. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, it shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Evolveum reserves the right to change these terms from time to time at its sole discretion and without notice.

USE OF SOFTWARE

Your use of any software obtained from this website is subject to the terms of a license or agreement provided with the software. Most of these agreements incorporate terms of open source licenses. Please read these licenses and agreements before installing and using the software; by installing and using the software, you will have accepted the terms of the licenses and agreements.

USE OF WEBSITE MATERIALS

All content, data, ideas, comments, feedback, suggestions, expression of ideas, or other materials on this website including software, code, and accompanying documentation are protected by copyright trade dress and other laws, except as specifically permitted by any open source, free software or creative common license.

All rights, title and interest not expressly granted are reserved. Use for any purpose other than as expressly authorized by us is expressly prohibited by law.

Evolveum does not guarantee continuous or secure access to this website and the operation of this website may be interfered with by numerous factors outside of its control. Evolveum is not responsible for any loss or damage caused by the temporary interruption of this website due to faults or circumstances outside of its control.

You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to any Evolveum site, the server on which our site is stored, or any server, computer, or database connected to our site.

RULES OF CONDUCT

Your use of this website is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage this website is a violation of criminal and civil laws. Evolveum reserves the right to seek damages from any person to the fullest extent permitted by law.

You may not engage in any activity on this website that restricts or inhibits any other user from using or enjoying this website or defacing any portions of this website.

You may not post or transmit through this website advertising or commercial solicitations; promotional materials relating to website or online services which are competitive with Evolveum and/or this website. You may not harvest or collect information about website visitors without their express written consent.

MONITORING

Evolveum has the right, but not the obligation, to monitor the content of this website, to determine compliance with these Terms of Use and any other operating rules established by Evolveum. Evolveum has the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on this website that we find to be in violation of these Terms of Use or is otherwise objectionable.

USER NAME

Access to and use of password protected or secured areas of this website is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this website. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this website as well as any activity that occurs under your username/password.

RIGHTS IN CONTENT

By displaying, publishing and making available for download and use by others any content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (“Content”) you give Evolveum a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through the website. You understand that Evolveum may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Evolveum to take these actions.

LINKS TO OTHER WEBSITES

Evolveum may provide links from this website to other sites as a convenience to you and in no way, should this be interpreted as an endorsement of any company, content or products to which it links. The linked sites are not under the control of Evolveum and Evolveum is not responsible for the content of any linked site or any link contained in a linked site. If you decide to access any of the third-party sites linked to this web site, you do this entirely at your own risk.

INTELLECTUAL PROPERTY

Independently of any free or open source software or content license that may apply to any works and except for works that are in the public domain, all the elements of this website – including each individual work and the structure, arrangement and selection of those works – are covered by intellectual or industrial property rights.

COPYRIGHT

Evolveum offers you a wide range of content, communication tools, and information about its products and services via this website. Evolveum either owns the intellectual property rights in the Materials on this website or has obtained the permission of the owner of the intellectual property to make it available on this website. You may, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. The use of any such Materials on any other website or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.

TRADEMARKS

The trademarks, logos, and service marks displayed on this website are the property of Evolveum or other third parties. You are not permitted to use the marks without the prior written consent of Evolveum or such third party which may own the marks. Evolveum logo and/or other distinctive signs of Evolveum are either registered trademarks or trademarks of Evolveum in USA, Slovakia and other countries. All other trademarks, trade names, or company names referenced herein are used for identification only and are the property of their respective owners.

INDEMNITY

You agree to indemnify, defend and hold Evolveum, its parent, subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, liabilities, damages, losses or expenses (including reasonable attorney’s fees and costs) arising out of, based on or in connection with your access and/or use of this website.

DISCLAIMER

Evolveum assumes no responsibility for accuracy, correctness, timeliness, or content of the materials provided on this website. You should not assume that the materials on this website are continuously updated or otherwise contain current information. Evolveum is not responsible for supplying content or materials from the website that have expired or have been removed. THE MATERIALS PROVIDED AT THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. EVOLVEUM DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, EVOLVEUM AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR ANY LINKED SITE.

PCI SECURITY STANDARDS COUNCIL

Some Evolveum products contain portions or all of the text of the PCI DSS v3.0 standards and content from the PCI Security Standards Council – Copyright © 2006 – 2015 PCI Security Standards Council, LLC. All rights reserved. https://www.pcisecuritystandards.org

PRIVACY POLICY

See the Evolveum Privacy Policy.

APPLICABLE LAWS

These Terms and all claims relating to the relationship between the parties are governed by the laws of Slovakia, without regard to choose of law provisions. If one or more of the provisions contained in these Terms is held invalid, illegal, or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.