Updated March 8, 2021
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE. USE OF THIS SITE OR THE DOWNLOADING OF MATERIALS FROM THIS SITE CONSTITUTES AGREEMENT TO THE TERMS OF USE.
Arcturus Networks Inc. (“Arcturus”) provides this Web site to you, subject to these Terms of Use. The Terms of Use may be updated by Arcturus from time to time without notice to you. You can review the most current version of the Terms of Use at: www.arcturusnetworks.com/policies/terms-of-use. This Web site and other web sites that are operated and/or controlled by Arcturus that are linked to this site or affiliated with this site (collectively “the Site”) and all the information, communications, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively “Content”), is intended for the lawful use of Arcturus customers, employees and members of the general public who are over the age of 13, and citizens of the United States or Canada. The Site is controlled and operated in whole or in part by Arcturus from its offices within Canada. Arcturus makes no representation that these materials are appropriate or available for use in other locations. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. You acknowledge that Arcturus reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.
Through use of this Site or the download of materials from this Site, (1) you acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation Canadian export and re-export control laws and regulations regarding the transmission of technical data exported from Canada or the country in which you reside; (2) you further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content; and (3) you represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent.
®Copyright (2004-2007) Arcturus Networks Inc. All Rights Reserved. THE UNAUTHORIZED COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT FROM THIS SITE IS A VIOLATION OF THE LAW. You acknowledge having been advised by Arcturus that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively “Rights”). In addition to Arcturus’ Rights in individual elements of the Content, Arcturus or its licensors own a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Site or ordering products or services from the Site. This permission terminates automatically if you breach any of these Terms of Use. If pursuant to an authorization from Arcturus, you download software from the Site, the software, including all code, files, images, contained in or generated by the software, and accompanying data, are deemed to be licensed to you by Arcturus. Neither title nor intellectual property rights are transferred to you, but remain with Arcturus, who owns full and complete title. Arcturus does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, may not be made without Arcturus’ prior express written consent.
There are a number of proprietary logos, service marks, trademarks, slogans and product designations (“Marks”) found on this Site. By making the Marks available on this Site, Arcturus is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license to the Marks under any of Arcturus or any third party’s intellectual property rights. No Arcturus trademark or service mark may be used as a hyperlink without Arcturus’ prior written permission.
The following Marks are the property of Arcturus Networks Inc. This list is not comprehensive; the absence of a Mark from the list does not constitute a waiver of intellectual property rights established by Arcturus Networks Inc. in a Mark.
Arcturus, Arcturus Networks, the Arcturus logo, uClinux, Mbarx, Brinq, SIPxtream are trademarks of Arcturus Networks Inc. Other product or service names may be the property of third parties. Marks owned by third parties include those listed below. This list is not comprehensive; the absence of a Mark from the list does not constitute a waiver of intellectual property rights established by the owner of a Mark.
Arm is the registered trademark of Arm Limited.
Linux® is a trademark of Linus Torvalds.
Although Arcturus provides certain encryption in an effort to protect the electronic transmission of credit card numbers or social security numbers (“Financial Information”) that you submit to Arcturus through the Site, Arcturus does not guarantee the security of any information transmitted to or from the Site. You understand and agree to assume the security risk for any information you provide using the Site.
Other than the Financial Information, do not send any confidential or proprietary information to Arcturus through the Site. Except for the Financial Information or personally identifiable information relative to you, any information you do send to Arcturus through the Site will be deemed NOT to be confidential (“Non-Confidential Information”). For any Non-Confidential Information you do send, post or submit, you hereby grant Arcturus an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that Arcturus is free to use any ideas, concepts, know-how or techniques that you send Arcturus for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information, and you represent and warrant that you own or otherwise control all of the rights to the Non-Confidential Information and that public posting and use of your content by Arcturus will not infringe or violate the rights of any third party. If you submit personally identifiable information via the Site, Arcturus will treat it in accordance with our Privacy Policy.
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Arcturus may add message boards, community forums, chat rooms or similar communities (each a “Community”) to the Site from time to time. Arcturus does not monitor or provide regular support for any Community. Arcturus reserves the right to modify or discontinue any Community without notice in its sole discretion. Arcturus further reserves the right (but not the obligation) in its sole discretion to pre-screen, use, delete, refuse, support or move any content submitted to a Community, including but not limited to software code, text, images, photographs, or other graphics (“Posted Material”). You are solely responsible for evaluating Posted Material appearing in any Community. If you use Posted Material, you bear all risks associated with such use. You are solely responsible for any Posted Material you submit to a Community. Arcturus assumes no responsibility whatsoever with respect to Posted Material. All Posted Material will be treated as Non-Confidential Information. Reference in any Posted Material to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement or recommendation by Arcturus. The opinions of the authors expressed in Posted Content do not necessarily state or reflect those of Arcturus, and may not be used for advertising or product endorsement purposes.
By submitting Posted Material, you warrant and represent that (a) you are the copyright owner of such Posted Material, or that the copyright owner of such Posted Material has granted you permission to use such Posted Material consistent with the manner and purpose of your use on the Site and as otherwise permitted by these Terms of Use, (b) you have the rights necessary to grant the licenses described in these Terms of Use, and (c) that each person depicted in such Posted Material, if any, has provided consent to the use of the Posted Material as set forth in these Terms of Use. By submitting Posted Material, you are granting to all members of the Community and to the general public, subject to these Terms of Use, a non-exclusive, world-wide, royalty-free license to: use, distribute, transmit, publicly display, publicly perform, reproduce, edit, sublicense, modify, translate and reformat your Posted Material without having your name attached to such Posted Material. The licenses granted in these Terms of Use for Posted Material will terminate at the time you completely remove such Posted Material from the Community, provided that, such termination will not affect any licenses granted in connection with such Posted Material prior to the time you completely remove such Posted Material. No compensation will be paid with respect to the use of your Posted Material.
You agree to indemnify, defend, and hold Arcturus, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or related to any content you submit, post, transmit or make available through the Site, your violation of these Terms of Use, or your violation of any rights of another.
Arcturus’ collection and use of personally identifiable information about you is subject to our Privacy Policy. This site is intended for use by persons over the age of 13. Arcturus does not seek to collect information about children under the age of 13. No information should be submitted to or posted on this Web site by users under 13 years of age. Arcturus encourages parents to take an active role in their children’s use of the Internet, and to inform them of the potential dangers of providing information about themselves over the Internet.
If you choose to participate in a promotion or other Arcturus-sponsored activity (“Web site Activity”), you agree to comply with any rules or regulations governing such Web site Activity. Additionally, as a condition of your continued participation in the Web site Activity, you agree not to: 1) upload, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web site Activity; 5) upload, post, e-mail, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, e-mail, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; 8) upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) “stalk” or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing will result in your immediate disqualification from participant in the Web site Activity, and may result in additional legal actions being taken by Arcturus.
This Site may provide links to other third-party World Wide Web sites or resources. Arcturus makes no representations whatsoever about any other Web site which you may access through this Site. Because Arcturus has no control over such sites and resources, you acknowledge and agree that Arcturus is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Arcturus makes no representation or warranty as to any third party Content, products or services, and you agree that Arcturus will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.
Notices to you may be made via either e-mail or regular mail. Arcturus may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.
ARCTURUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, ARCTURUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARCTURUS WILL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
ARCTURUS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF ARCTURUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, ARCTURUS” TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, WILL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
Arcturus may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that Arcturus will not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. Arcturus may at any time revise these Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Terms of Use to which you are bound.
You agree that Arcturus, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that Arcturus believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.
The Terms of Use constitute the entire agreement between you and Arcturus and govern your use of the Site, superceding any prior agreements between you and Arcturus relating to your use of this site. You may also be subject to additional terms and conditions that may apply when you purchase products or services, participate in a sweepstakes, contest or other promotion, participate in a Arcturus-sponsored Developer Program or service, or use or download software. If any provision of these Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity will not affect the enforceability of any other provision of the Terms of Use. The failure of Arcturus to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. By accessing the Site you agree that the statutes and laws of Canada and the province of Ontario, Canada without regard to conflicts of laws principles, will apply to all matters relating to use of the Site, and you agree that any litigation will be subject to the exclusive jurisdiction of the provincial or federal courts in Ontario, Canada. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
Please use the Contact form to report any violations of these Terms of Use.
Talk to us,
we don’t bite
