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janusNET Website Terms of Use - Registered User

Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing This Website.

BY CHECKING THE "ACCEPT" BOX AND PUSHING THE "CONFIRM" BUTTON YOU ARE AGREEING TO THESE TERMS OF USE AS THE CONTRACTUAL CONDITIONS GOVERNING YOUR ACCESS TO AND USE OF THIS WEBSITE AND THE INFORMATION ON IT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A BUSINESS OR GOVERNMENT ENTITY, BY ACCEPTING THESE TERMS YOU ARE WARRANTING TO JANUSNET PTY LIMITED THAT YOU ARE AUTHORIZED BY THE BUSINESS OR GOVERNMENT ENTITY TO DO SO AND TO BIND THE BUSINESS OR GOVERNMENT ENTITY BY YOUR ACCEPTANCE OF THESE TERMS. IN THAT CASE, "YOU" BELOW REFERS TO THAT BUSINESS OR GOVERNMENT ENTITY (AND ANY SUCCESSOR ENTITY OR ASSIGNEE OF A BUSINESS).

Effective Date: This Terms of Use Agreement was last updated on 4 June, 2013.

Your acceptance of these terms entitles you to access and use the janusnet.com and the janus.net.au websites ("the Websites"). janusNET Pty Limited ("janusNET") reserves the right, at any time, to modify, alter, or update this agreement by placing the modified terms on the Websites. Your continued use of either or both of the Websites after amendments are posted constitutes an acknowledgement and acceptance of this agreement as modified, so it is important that you regularly check this Terms of Use Agreement for changes.

1. Description of Service

The Websites provide:

1. for those interested in or already licensing any of the janusNET products:
   • information and updates concerning janusNET products and other useful information;
   • for those licensed to use or evaluate janusNET products, downloads of the products;
   • the opportunity to participate in online fora, search our knowledge base and submit support issues to our help desk;
2. for janusNET resellers and other partners:
   • information regarding licences, including sample contracts, and prices;
   • latest product downloads and brochures;
   • deal registration; and
   • marketing materials.

janusNET may change the content (including adding to or withdrawing content, at its discretion) and/or manner of operation of the Websites, and differentiate them, at any time. The Websites are resources which janusNET will endeavour to keep relevant and up-to-date, but no promise is made regarding the Websites and what will be on them from time to time.

2. Privacy

The use of some features of the Websites may involve the provision of your personal information or the personal information concerning your customers. janusNET takes very seriously its obligations under privacy laws to protect all such personal information obtained, prevent its misuse and allow you access to it to correct it. Please see janusNET’s Privacy Policy which is available on the Websites.

3. Your Responsibilities

You must provide

1. all equipment necessary for your own Internet connection, including computer and network connection and
2. provide for your access to the Internet, and
3. pay any fees relating to such connection.

janusNET does not assume any responsibility for any content, including but not limited to ideas, the expression of ideas, information and advice, not posted, sent or authored by it. The responsibility for content you provide and all consequences flowing from such content lies with you. You must use any forum or other facility for communication provided by the Websites not only in a lawful manner but also ethically and in accordance with accepted community standards. For example, you must not use any forum or other facility for communication provided by the Websites to

1. disclose the personal information about any person or any information confidential to another person without his or her express consent,
2. post any intellectual property belonging to another without a licence to do so,
3. defame or insult anyone or post unfair or insulting material regarding any goods or services of any person,
4. post threatening, obscene or offensive material, including anything which is discriminatory or offensive on racial, sexual or other grounds such as a person’s disability,
5. solicit any business for yourself or
6. do anything to interfere with the operation of the Websites.

You must comply with any guidelines or procedures posted by janusNET, and any request of janusNET, regarding use by you of any facility on the Websites.

You are responsible for any use by any person of your username and password, whether authorised by you or not. For this reason you must take care of your username and password to prevent them being misused. You will inform janusNET immediately if your username and password has become known by any person not authorised by you to use them.

Your right to use the Websites is personal to you. You may not assign your right to use the Websites to any other person without janusNET’s express, written permission and will not resell access to or make any commercial use of the Websites without the express written consent of janusNET.

You will compensate janusNET if janusNET suffers any loss, expense or liability as a consequence of your failure to comply with your responsibilities. To diminish any risk of any such any loss, expense or liability, janusNET is free at any time to remove any material you provide through the Websites and to terminate your password access if you fail to comply with your responsibilities.

4. Disclaimer of Warranties

The site is provided by janusNET on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law:

1. janusNET makes no, and hereby expressly excludes all, representations and warranties of any kind, express or implied, regarding the use, or the results of use, of the Websites in terms of their correctness, accuracy, reliability, or otherwise and you acknowledge that any reliance on anything in the Websites shall be at your own risk;
2. except as expressly provided in any contract entered into relating to the goods and services (including information) that may be acquired or accessed through or incidental to the use of the Websites, and then only subject to the terms of such contract, janusNET disclaims all warranties, conditions and guarantees with regard to such goods and services, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement;
3. janusNET shall have no liability for any interruptions in the use of this Website.

Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Important note: If any supply of goods or services that may be acquired or accessed through or incidental to the use of the Websites shall deemed to be supply to a consumer as defined in the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended) or relevant Australian State or Territory legislation ("the Acts") nothing contained in this Terms of Use Agreement excludes restricts or modifies any condition, warranty, guarantee or other obligation in relation to such goods or services which pursuant to the Acts or any of them is applicable or is conferred on you where to do so is unlawful, in which event janusNET’s sole liability for breach of any such condition, warranty, guarantee or other obligation shall be limited (except to the extent specifically set forth in any contract relating to such goods or services) to:

• in relation to goods: (A) the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or (B) the repair of the goods or payment of the cost of having the goods repaired;
• in relation to services: (A) the supplying of the services again; or (B) the payment of the cost of having the services supplied again

as in each case janusNET may select.

Mandatory statement under Regulation 90 of the Competition and Consumer Regulations: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. These rights may be lawfully limited in respect of goods or services not ordinarily acquired for personal, domestic or household use or consumption. To request a replacement or a refund, please send your written request to janusNET by letter or email to info@janusnet.com.

5. Limitation of Liability

Except as provided above, janusNET SHALL NOT be liable for any damages whatsoever, and in particular janusNET shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the Websites or the information contained in them, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if janusNET has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE THIS LIMITATION OF LIABILITY MAY NOT BE APPLICABLE TO YOU.

6. Third-Party Sites

The Websites may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all you to review said privacy policies of third-parties’ sites.

7. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is subject to copyright belonging to janusNET and/or third party suppliers, with all rights reserved. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorised officer of janusNET is strictly prohibited. You will not use any robot, spider, or other automatic device, or manual process to monitor or copy any part of the Websites or extract any information from them without prior written permission of an authorized officer of janusNET.

janusNET, janusSEAL, janusGATE and janusKEY are trademarks of janusNET. The janusNET logo is a registered trademark of janusNET in Australia. janusNET’s trademarks may not be used in connection with any product or service that is not provided by janusNET, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits janusNET.

All other trademarks displayed on janusNET’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of the products and or services of their owners. In addition, such use of trademarks or links to the web sites of other suppliers is not intended to imply, directly or indirectly, that those suppliers endorse or have any affiliation with janusNET.

8. Malicious Activity

You will not:

1. Interfere or attempt to interfere with the proper functioning of the Websites or connect to or use the Websites in any way not expressly permitted by these terms;
2. Use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the Websites or that is in transit from or to the Websites, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Website to store information about janusNET or its licensees;
3. Intercept, examine or otherwise observe any proprietary communications protocol used by the Websites, whether through the use of a network analyzer, packet sniffer or other device;
4. Use, facilitate, create, or maintain any unauthorized connection to the Websites, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Websites or (2) any connection using programs, tools, or software not expressly approved by janusNET;
5. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the app or any software underlying the Websites or other intellectual property used to provide the Websites or to obtain any information from the Websites using any method not expressly permitted by janusNET; or
6. upload or transmit or attempt to upload or transmit, without janusNET's express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").

9. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that the benefit of this and any other contract between janusNET and you may be assigned by janusNET, in our sole discretion, to a third party in the event of the acquisition of the business of janusNET by any third person or in the event of any corporate or group reconstruction.

10. Governing Law

These Terms of Use are governed by the laws of New South Wales, Australia.