Terms of Use

By accessing this web site (the Site) you agree to be bound by the terms and conditions set out below.

1. No Warranty or Representation. While TERADICI CORPORATION (The Corporation) uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk. Nothing in the Site, including product or service information, shall add to or change any contract for products or services you may have with The Corporation, its suppliers or affiliates. Neither The Corporation, its partners, suppliers, affiliates, nor any other party involved in creating, producing, or delivering the Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever, including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Site even if The Corporation has been advised of or foresees the possibility of any damages occurring. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTER-OPERABILITY OF PRODUCTS OR SERVICES. Changes or updates to the contents of this Site may occur without notice.



2. Use of Information. You hereby agree that you shall not use any information contained in this Site or the links to this Site in any claims, proceedings, suits or actions against The Corporation, its suppliers or affiliates. You may not post, publish, reproduce, transmit or otherwise distribute information or material on the Site: (a) constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (b) which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining permission of the copyright holder; (c) otherwise use this Site in a way that is contrary to law or which would adversely impact use of the Site or the Internet by other users including the posting or transmitting of other information or software containing viruses or other disruptive components.



3. Linkage. This Site may contain links to other websites that are not under the control of The Corporation and The Corporation is not responsible for and makes no representations or warranties concerning the contents of any linked website or any link contained in a linked website. It is your responsibility to verify any information contained within the links before relying on it. The information contained in the links may be changed or updated at any time without notice. The Corporation provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by The Corporation of the linked site. Your use of the linked websites may be subject to terms and conditions contained in these websites, which you should locate and review.



4. Monitoring. The Corporation is under no obligation to monitor the Site and assumes no responsibility or liability should its content be modified or altered in any way without The Corporation's consent.



5. Revisions. The Corporation may at any time revise these Terms of Use by updating this posting. You should therefore review these Terms of Use each time you access the Site.



6. Product Descriptions. The Corporation attempts to be as accurate as possible, however, The Corporation does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current or error-free. Price and availability information is subject to change without notice.



7. Copyright and Trademarks Policies. These materials are provided by The Corporation as a service to our customers and may be used for informational purposes only. Neither the whole nor any part of this work may be copied, scanned, reproduced or transmitted, in any form or by any means without the prior written permission of The Corporation.
   
   You should assume everything you see or read on this site is copyrighted unless otherwise noted. You are free to use the content for non-commercial purposes, provided you do not modify it and provided you retain all copyrights and other proprietary notices contained in the content. You require our written consent to copy or display any portion of the content for redistribution to third parties or for commercial purposes.
   
   The trademarks, logos, service marks and other names and icons identifying products and services on this site are owned by or licensed to The Corporation. Nothing contained on this site gives you or any other person the right or licence to use any trademark displayed on this site without the express permission of The Corporation.



8. Consent. You acknowledge that you have read the Corporation Privacy Policy (as it may be updated from time to time) (the " Privacy Policy") and hereby consent to the collection, use and disclosure by The Corporation and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the Privacy Policy.



9. Viruses, etc.. The Corporation assumes no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of or browsing in the Site or your downloading of any materials, data, text or images from the Site.



10. Right of Indemnification. You agree to defend, indemnify and hold The Corporation, its suppliers, partners, affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees related to any violation of these Terms and Use by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you.



11. Waiver. The Corporation's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or rights contained in these Terms of Use.



12. Governing Laws. By visiting the Site, you agree that these Terms of Use shall be governed by the laws of the province of British Columbia and the federal laws of Canada applicable therein and you agree to be bound by the laws of these jurisdictions.



13. Prices. All prices are quoted in Canadian dollars and do not include applicable taxes or shipping and handling.



14. No Solicitation. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.



15. Your Content. You are solely responsible for Your Content. We access and use Your Content only as necessary to provide the Service Offering to you (which we may do with the assistance of affiliates, service providers and contractors), perform or enforce contractual obligations, or comply with applicable law. For example, we may need to access or use Your Content (or provide it to one of our affiliates, service providers or contractors) to (a) prevent or address service or technical problems; (b) provide customer support; (c) detect, prevent or address fraud, technology or security issues; (d) protect against harm to the rights, property or safety of us, our users or the public; or (e) respond to a subpoena, warrant, audit or agency action.
    
    We will maintain appropriate administrative, physical, and technical safeguards for protection of the physical facilities, and those servers and networking equipment over which we have administrator access or control and use to provide the Service Offering. You are responsible for protecting the security of Your Content, including any access you might provide to Your Content by your employees, customers or other third parties, and in transit to and from the Service Offering. The Service Offering provides you with certain software and functionality to help you protect Your Content from unauthorized access. You will properly configure and use the Service Offering so that it is suitable for your use. You will take and maintain appropriate security, protection and backup for Your Content, which may include the use of encryption technology to protect Your Content from unauthorized access. You are responsible for providing any necessary notices to your users and obtaining any legally-required consents from your users concerning your use of the Service Offering. You are solely responsible for complying with any laws or regulations that might apply to Your Content, and you understand that the Service Offering is not intended for data regulated by the Health Insurance Portability and Accountability Act (unless you have entered into a business associate agreement with Teradici). You are responsible for any losses or other consequences arising from your failure to encrypt or back up Your Content. If Teradici determines that there has been unauthorized access to, or use or disclosure of, Your Content, Teradici will use commercially reasonable efforts to notify You, taking into account any applicable law, regulation, or governmental request.
    
    You consent that we will store Your Content in the United States or, if you instruct us, in any other jurisdiction where we have a data center. By uploading Your Content into the Service Offering, you may transfer and access Your Content from around the world, including to and from the United States. To the extent you provide Your Content in connection with customer support, you consent that we may handle Your Content in any country in which we or our agents maintain facilities. It is your responsibility to ensure that you comply with applicable law with respect to transferring data across geographies.



16. Acceptable Use. You will not, and will not permit any third party, to, as solely determined by us: (a) use the Service Offering to violate or encourage the violation of the rights of others (including Intellectual Property Rights); (b) use the Service Offering to engage in, advertise or deliver gambling, pornographic, or illegal activities; (c) circumvent or violate the restrictions of the Service Offering as described in this Agreement or Service Description; (d) reverse engineer, or otherwise attempt to derive source code from the Service Offering, unless we make the source code publicly available; (e) disable, interfere with, disrupt, or circumvent any aspect of the Service Offering, including the integrity or performance of the Service Offering, or third-party content or data provided through the Service; (f) access or use the Service Offering in a way intended to avoid recurring fees or exceeding usage limits; or (g) resell or sublicense the Service Offering. You must ensure that your users comply with the terms of this Agreement, and you agree that if you become aware of any violation by one of your users, you will terminate that user’s access to Your Content immediately. If we have reason to believe that you or your users have breached this Agreement, we or our designated agent may review your use of the Service Offering, including your account, Your Content, and records, to verify your compliance with this Agreement.
    
    You will take steps to ensure that your authorized users and third party users who access any service you provide with the Service Offering do not post content that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to anyone; (b) may create a risk of any other loss or damage to any person or property; (c) may constitute or contribute to a crime or tort; (d) contains any information or content that is illegal, unlawful, harmful, abusive, pornographic, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; or (e) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You are solely responsible for any software, product or service that a third party licenses, sells or makes available to you that you install or use with the Service Offering. Your use of that software, product or service is governed by separate terms between you and that third party. We are not a party to and are not bound by any of those separate terms. You represent and warrant that Your Content does not and will not violate any third-party rights, including any Intellectual Property Rights, and rights of publicity and privacy. You will ensure that your use of the Service Offering complies at all times with your privacy policies and all applicable laws and regulations, including any encryption requirements. You will not include in Your Content any Classified Information, as that term is defined in the National Industrial Security Program Operating Manual.
    
    If you become aware that any of Your Content or your user’s use of Your Content violates Section 3.1 or 3.2, you will immediately suspend and remove the applicable part of Your Content or suspend the end user’s access. If you fail to do so, we may ask you to do so. If you fail to comply with our request within twenty-four hours, we may suspend your account or disable access to Your Content until you comply with our request.
    
    If you believe that your copyrighted work has been copied and is accessible on our Service Offering in a way that constitutes copyright infringement, please send a notice to us at legal@teradici.com



17. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE OF THE SERVICE OFFERING, LOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. IN ADDITION, OUR AND OUR LICENSORS’ AND SERVICE PROVIDERS’ LIABILITY UNDER THIS AGREEMENT WILL NOT, IN ANY EVENT, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE AGGREGATE FEES PAID TO US FOR YOUR ACCESS TO AND USE OF THE SERVICE OFFERING IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM REGARDLESS OF WHETHER WE OR OUR LICENSORS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY IN THIS SECTION 11.1 WILL NOT APPLY TO (A) TERADICI’S INDEMNIFICATION OBLIGATIONS UNDER THE AGREEMENT OR (B) ANY LIABILITY WHICH MAY NOT BE EXCLUDED BY APPLICABLE LAW.
    
    Our licensors and service providers will have no liability of any kind under this Agreement. You may not bring a claim under this Agreement more than eighteen (18) months after the cause of action arises.