Last Update: August 3, 2023
Thank you for your interest in Proofpoint. Proofpoint offers a wide range of cybersecurity products and services, including data loss prevention products. Proofpoint has created a virtual testing desktop to permit customers to evaluate Proofpoint products that sit on the Proofpoint Information and Cloud Security Platform (respectively, “Desktop” and “Permitted Use”).
We reserve the right to terminate access to the Desktop without notice. We will not be liable if, for any reason, access to the Desktop is unavailable at any time or for any period. From time to time, we may restrict access to the Desktop to a subset of permitted users. You are solely responsible for making all arrangements necessary for you to access the Desktop.
3. Prohibited Uses.
4. Notification of Violation.
5. Intellectual Property.
6. Feedback & Suggestions.
If you have any direct feedback, comments, suggestions, requests for support and other communications relating to the Desktop, please contact your Proofpoint Sales Engineer. Proofpoint shall have a royaltyfree, worldwide, nonexclusive, transferable, sublicensable, irrevocable, perpetual right and license to make, use, sell, offer for sale, import or otherwise incorporate for any purpose, any feedback, and suggestions for improvements or enhancements to the Desktop and the Proofpoint products.
7. Disclaimer of Warranties.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIALOFSERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DESKTOP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DESKTOP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE DESKTOP, INCLUDING ANY WEBSITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DESKTOP, IS AT YOUR OWN RISK AND PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PROOFPOINT NOR ANY PERSON ASSOCIATED WITH PROOFPOINT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE DESKTOP. WITHOUT LIMITING THE FOREGOING, NEITHER PROOFPOINT NOR ANYONE ASSOCIATED WITH PROOFPOINT REPRESENTS OR WARRANTS THAT THE DESKTOP WILL BE ACCURATE, RELIABLE, ERRORFREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE DESKTOP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DESKTOP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
PROOFPOINT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE DESKTOP AND THE WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Limitation of Liability.
EXCEPT TO THE EXTENT THAT A DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL PROOFPOINT, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DESKTOP, INCLUDING ANY WEBSITE CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
9. Export Restrictions.
You may not access, download, use or export materials posted to the Desktop in violation of U.S. export laws or regulations, including the Export Administration Regulations (EAR), or in violation of any other applicable export or import laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority.
10. No Commitment to do Business.
You understand and agree that nothing requires either party to proceed with any proposed transaction or relationship in connection with, which any confidential information may be disclosed.
11. Waiver and Severability.
Access to the Desktop and the license granted hereunder shall remain in effect for a period of ninety (90) days. Notwithstanding, Proofpoint reserves the right to terminate access to the Desktop at any time for any reason without notice, and all licenses, permissions and other rights granted to you hereunder shall immediately terminate. In the event of termination for any reason, Sections 5, 8 and 9 herein shall survive.
13. Applicable Law.
14. Entire Agreement.
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Last updated August 10, 2023.