Terms of Use
Micro Focus
International plc and its group companies including
Attachmate, Borland, NetIQ, Novell, and SUSE ("Micro Focus",
"we" or "our") makes available information, materials, and
products on this website and other Micro Focus websites ("website" or
"site"), 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 Micro Focus 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 Micro Focus. 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. Micro Focus reserves the right to change these terms from time
to time at its sole discretion and without notice. You are expected to check
this page from time to time to take notice of any changes made, as they are
binding on you. Some of the provisions contained in these terms of use may also
be superseded by provisions or notices published elsewhere on this website.
Use of Software
Any software and
accompanying documentation that is made available to download from this website
is the proprietary and copyright work of Micro Focus and/or its suppliers. Use
of the software is governed by the terms of the end user license agreement
which accompanies or is included with such software. You are not granted any
rights to download, install, or use any software that is accompanied by or
includes an end user license agreement unless you agree to the terms of such
end user license agreement, whether presented to you before or after download.
In the event software
is provided without an end user license agreement, you may use the software
solely for your personal, informational, non-commercial purposes. Such software
may not be modified or redistributed.
If the software is a
patch, service pack, module, adapter, or other update applicable to prior
software you have licensed from Micro Focus ("Prior Software") and is
not accompanied by its own end user licence
agreement, then you may only use it with the Prior Software subject to the end
user licence agreement that accompanied the Prior
Software and provided that Micro Focus has authorized you to use it pursuant to
a maintenance, subscription or other offering.
You are not authorized
to download the Software if such download would violate any of the government
export regulations described below. Any Software download on behalf of any
agency or department of the United States Government is subject to "U.S.
Government Rights" terms, as described below.
Links to Third-Party Websites
This website contains
links to third-party websites, which are not under the control of Micro Focus.
Micro Focus makes no representations whatsoever about any websites to which you
may have access through this website. When you access a non-Micro Focus
website, you do so at your own risk and Micro Focus is not responsible for the
nature, quality, accuracy or reliability of any information, data, opinions,
advice or statements made on these sites. Micro Focus expressly disclaims any
potential liability associated with any such information and such information
is not incorporated by reference into this website. Micro Focus provides these
links merely as a convenience, and the inclusion of such links does not imply
that Micro Focus or its management endorses or accepts any responsibility for
the content or uses of such websites. By clicking on any of the hyperlinks to
third-party websites on this website, you acknowledge and agree to the
foregoing limitations.
You agree that you
will not arrange for any third-party website to be connected to any part of
this site by way of hyperlink or otherwise without our prior written consent,
and if we grant such consent, then we reserve the right to withdraw such
consent at any time in our discretion. You may not use any of our proprietary
logos, trademarks, or other distinctive graphics, video, or audio material in
your links, and you may not link in any manner reasonably likely to (i) imply affiliation with us or endorsement or sponsorship
by us without our express written consent, (ii) cause confusion, mistake, or
deception, (iii) dilute our trademarks, service marks, or trade names, or (iv)
otherwise breach applicable law.
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 (any
or all of the foregoing being "Materials") are protected by copyright
trade dress and other laws. Except as specifically permitted herein, no
Materials on this website may be reproduced in any form or by any means without
express prior written permission from Micro Focus.
All rights, title and
interest not expressly granted are reserved. Use for any purpose other than as
expressly authorised by us is expressly prohibited by
law.
Micro Focus 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.
Micro Focus 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 including but not limited to link failures, power difficulties,
telephone outages, network overload, default or failure of a third party
(including a public telecommunications operator), government actions, failure
in the supply of a third party's access line, or any event of force majeure.
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 Micro Focus
site, the server on which our site is stored, or any server, computer, or
database connected to our site. You must not attack our site via a
denial-of-service attack or a distributed denial-of-service attack. By
breaching this provision, you would commit a criminal offence under applicable
laws, and we will report any such breach to the relevant law enforcement
authorities and we will cooperate with those authorities by disclosing your
identity to them. In the event of such a breach, your right to use our site
will cease immediately.
RSS Feeds
Micro Focus provides
any RSS feeds as a free service and for personal, non-commercial use only, and
subject to these website terms. Micro Focus reserves the right to discontinue any
such service at any time and further reserves the right to request the
immediate cessation of any specific use of its RSS service.
Blogs, Bulletin Boards, Forums, Feedback,
and other Content
Micro Focus does not
monitor, pre-screen, verify, or edit the contents of its blogs, bulletin
boards, forums or similar areas on this website through which any content may
be uploaded, posted, or otherwise provided to the website (collectively,
"Forums") and is not responsible for any messages or other content
posted therein. Micro Focus makes no representation or warranty as to the
nature, quality, reliability, accuracy, completeness, or usefulness of the
content of any Forum. Each message expresses the view of its author, and not
necessarily the views of any entity associated with Micro Focus and is not
adopted, approved, or endorsed by Micro Focus. Any user who finds a posted
message to be objectionable is encouraged to contact Micro Focus as directed
below. Micro Focus reserves the right, but does not undertake the obligation,
to delete, modify, or otherwise restrict access to or restrict the availability
of content which Micro Focus, in its sole discretion, considers to violate
these terms or which is otherwise inappropriate, harmful, objectionable, or
inaccurate.
If you post, upload or
otherwise provide Materials to, in, or through a Forum, you grant to Micro
Focus and, its affiliated entities, employees, directors, officers, licensees
and assigns, and each of their respective designees ("Micro Focus Entities")
a perpetual, worldwide, irrevocable, non-exclusive, unlimited, fully-paid up
and royalty-free license under all intellectual property rights now or
hereafter existing to use reproduce, prepare derivative works, combine with
other works, alter, translate, distribute copies, display, perform, modify,
license, and further sublicense the Materials, and all rights therein, in the
name of Micro Focus Entities or their designees in any and all media now or
hereafter known.
Save to the extent
that any Materials may include personal data (which will be processed in
accordance with our Privacy and Cookie Policy) any non-personal information or
material sent to Micro Focus will not be deemed to be confidential. We will not
release your name or otherwise publicize the fact that you submitted Materials
to us unless: (a) you grant us permission to do so; (b) we first notify you
that the relevant Materials will be published or otherwise used with your name
on it; or (c) we are required to do so by law.
This licence shall also permit Micro Focus Entities to use
portions of the Materials you submit, to rerecord or modify any audio tracks or
visual images you provide, to rewrite any Materials you submit, and/or to
combine other materials, either created by Micro Focus Entities or third
parties, with the Materials you submit. Any such works shall be deemed
Materials owned by Micro Focus and shall not be subject to your approval or
payment by Micro Focus of any compensation to you. You agree that the Materials
you submit: (a) are original to you and accurate, and (b) do not violate and
will not violate the rights of any third party or any local, state, national or
foreign law, including any right of publicity, right of privacy, or any other
proprietary right. By making a submission of Materials, you acknowledge and
agree that Micro Focus Entities may create on their own or obtain many
submissions that may be similar or identical to the Materials you submit
through a Forum or other channels and means. You hereby waive any and all claims
you may have had, may have, and/or may have in the future, that the Materials
submitted to a Forum or otherwise accepted, reviewed, and/or used by Micro
Focus Entities may be similar to your Materials or constitute and infringement
or misappropriation of your intellectual property rights.
Rules of Conduct for Forums
By participating in a
Forum, including the posting of Materials and sending of private messages, you
agree that you will not upload, post, or otherwise transmit any Materials
(including, without limitation, text, links, communications, software, images,
sounds, data, or other information) that:
1.
Is not consistent with
the permissible uses set out in these website terms, including, but not limited
to, content that is unlawful, harmful, threatening, abusive, harassing,
defamatory, libellous, invasive of another's privacy,
vulgar, profane, sexually explicit, obscene, racially or ethnically offensive,
or otherwise objectionable;
2.
Infringes on any
patent, trademark, trade secret, copyright, or other proprietary rights of any
party;
3.
Constitutes
advertising or promotion, junk mail, "spamming," chain letters, or
any other form of unauthorized solicitation, including solicitation of
lawsuits. Links that connect to commercial websites will not be considered
unauthorized solicitations unless the link or the website content appears to be
intended as a means of solicitation as determined by Micro Focus in its sole
discretion;
4.
Contains software
viruses, Trojan horses, worms, time bombs, cancelbots,
or any other computer code or files that are designed to disrupt, damage, or
limit the functioning of any software or hardware;
5.
Provides any
non-public information about Micro Focus or any other company or person without
the proper authorization to do so. This includes providing the names and
extension numbers of Micro Focus employees and Forum participants;
6.
Intentionally
interferes with the operation of the Forum or with a fellow user's message box,
without limitation, mail or "post" bombing, news bombing, other flooding
techniques, deliberate attempts to overload a system and broadcast attacks, or
attempts to avoid messaging blocking;
7.
Impersonates any
person or entity, including a Micro Focus employee, or forges any TCP-IP packet
header, e-mail header, or any part of a message header. This prohibition does
not include the use of aliases or anonymous remailers;
8.
Attacks or insults
another Forum user or administrator/moderator;
9.
Violates any law,
rule, or regulation.
Micro Focus expressly reserves
the right to terminate a user's access to a bulletin board at any time, for any
reason. You remain solely responsible for the content of your messages, and you
hereby indemnify, release, and hold harmless Micro Focus Entities with respect
to any claims, damages, costs, losses, liabilities, fines, penalties, and
expenses, including reasonable attorneys' fees, arising out of or in connection
with the Materials you submit, post, transmit, or make available on or through
a Forum (including any private messages), the use of such Materials for any
purpose, your use of a Form, your breach of these website terms, or the
violation by you or the Micro Focus Entities of yours or any third party’s
rights including, without limitation, intellectual property or other
proprietary rights, rights of privacy and publicity, rights of attribution, or
any other liability, direct or indirect, vicarious, contributory, or otherwise.
Warranties and Disclaimers
EXCEPT AS EXPRESSLY
PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND MICRO FOCUS, ALL
INFORMATION, MATERIALS AND SOFTWARE ON THIS WEBSITE IS PROVIDED "AS
IS" WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABLE QUALITY,
SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING.
MICRO FOCUS ASSUMES NO
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, MATERIALS, OR
SOFTWARE WHICH ARE REFERENCED BY OR LINKED TO THIS WEBSITE. REFERENCES TO ANY
OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IN NO EVENT SHALL
MICRO FOCUS OR ANY MICRO FOCUS ENTITIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND, OR ANY OTHER LOSSES
OR DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOSS OF USE, DATA, BUSINESS, OPPORTUNITY, OR PROFITS, WHETHER OR
NOT ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE, AND ON ANY THEORY OF
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS
INFORMATION. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
THIS WEBSITE COULD
INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION CONTAINED IN THIS WEBSITE, AND THESE
CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEBSITE. MICRO FOCUS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED IN THIS WEBSITE AT ANY TIME.
This website can be
accessed from other countries around the world and may contain references to
Micro Focus products, services, and programs that have not been announced in
your country. These references do not imply that Micro Focus intends to
announce such products, services, or programs in your country.
Forward-Looking Statements Disclaimer
Certain statements
contained on this website may now, or hereafter from time to time, constitute
"forward-looking statements". All statements other than statements of
historical facts included on this website, including, without limitation, those
regarding Micro Focus’ financial condition, business strategy, plans, and
objectives, are forward-looking statements. These forward-looking statements
can be identified by the use of forward-looking terminology, including the
terms "believes," "estimates," "anticipates,"
"expects," "intends," "may," "will," or
"should" or, in each case, their negative or other variations or
comparable terminology. Such forward-looking statements involve known and
unknown risks, uncertainties and other factors, which may cause the actual
results, performance, or achievements of Micro Focus, or industry results, to
be materially different from any future results, performance, or achievements
expressed or implied by such forward-looking statements. Such forward-looking
statements are based on numerous assumptions regarding Micro Focus’ present and
future business strategies and the environment in which it will operate in the
future. Such risks, uncertainties and other factors include, among others: the
level of expenditure committed to development and deployment applications by
information technology organizations; the degree to which information
technology organizations adopt Web-enabled services; the rate at which large
organizations migrate applications from the mainframe environment; the
continued use and necessity of the mainframe for business-critical
applications; the degree of competition faced by Micro Focus; growth in the
information technology services market, general economic and business
conditions in any country in or with which Micro Focus conducts business;
changes in technology, competition and ability to attract and retain personnel.
Except as required by law, Micro Focus does not undertake any obligation to
update or revise publicly any forward-looking statement, whether as a result of
new information, future events, or otherwise. Micro Focus expressly disclaims
any obligation or undertaking to release publicly any updates or revisions to
any forward-looking statement contained herein to reflect any change in its
expectations with regard thereto or any change in events, conditions, or
circumstances on which any such statement is based.
Export Control Laws
Software and Materials
available on this website are subject to statutes, orders, or regulations which
impose embargoes or control the export of goods, technology, software,
supplies, and services, including weapons of mass destruction and arms,
military, paramilitary and security equipment and dual-use items (items
designed for civil use but which can be used for military purposes), and
certain drugs and chemicals ("export controls"). No software or
Materials from this website may be downloaded or otherwise exported or
re-exported in breach of the export controls of the US Government or the UK
Government and, without prejudice to the generality of the foregoing, no
software or Materials from this website may be downloaded or otherwise exported
or re-exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya,
Sudan, North Korea, Iran, Syria, or any other country to which the United
States has embargoed or restricted goods or services; or (2) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Denial Orders; or (3) by or to anyone whose export
privileges has been suspended, revoked or denied, in whole or in part, by the
Bureau of Export Administration of the U.S. Commerce Department or any other
U.S. Government entity or agency; or (4) in breach of the UK's Export Control
Order 2008 (as amended); or (5) for use in the design, development, or
production of nuclear, chemical, or biological weapons, or missile technology,
or any other prohibited use.
By downloading or
using software from this site, you are agreeing to the foregoing and you are
warranting that you are not located in, under the control of, or a national or
resident of any such country or on any such list. You may not access, download,
use, or export the information, software, products, or services contained on
this website in violation of U.S. export laws or regulations, or in violation
of any applicable local laws or regulations.
U.S. Government Rights
With respect to any
acquisition of any product or publication (together referred to as
"Product") by or for any unit or agency of the United States
Government or its prime contractor or subcontractor at any tier (the
"Government"), the Product shall be classified as "commercial
computer software", as that term is defined in the applicable provisions of
the Federal Acquisition Regulation (the "FAR") and supplements
thereto, including the Department of Defense (DoD)
FAR Supplement (the "DFARS"). The Product was developed entirely at
private expense, and no part of the Product was first produced in the performance
of a Government contract. If the Product is supplied for use by the DoD, the Product is delivered subject to the terms of this
Agreement and either (i) in accordance with DFARS
227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance
with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as applicable. If the Product is
supplied for use by a Federal agency other than the DoD,
the Product is restricted computer software delivered subject to the terms of
this Agreement and (i) FAR 12.212(a); (ii) FAR
52.227-19; or (iii) FAR 52.227-14(ALT III), as applicable. The
contractor/manufacturer is MICRO FOCUS, One Irvington Centre, 700 King Farm Boulevard, Suite 400, Rockville, MD
20850-5736.
Governing Law; Jurisdiction
This website
(excluding linked sites) is controlled by Micro Focus from its offices within
the United Kingdom. You and Micro Focus agree that these website terms and all
matters relating to your access to or use of this website shall be governed by
and construed in accordance with English law, without regard to the conflicts
of laws principles thereof.
Micro Focus does not
restrict your access to this website based on your geographic location and
accordingly you access this website on your own initiative and you are
responsible for compliance with all applicable local laws.
You and Micro Focus
agree, for the sole benefit of Micro Focus, that all legal proceedings in
connection with the enforcement, construction, interpretation, breach, or
violation of these website terms shall be submitted to the exclusive
jurisdiction of the courts of England and Wales and that jurisdiction and venue
are proper in such courts, provided that nothing in this clause shall limit our
right to take proceedings against you in any other court of competent jurisdiction.
PCI Security Standards Council
Some Micro Focus
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
Trademark Information
The trademarks, logos,
and service marks ("Marks") displayed on this website are the
property of Micro Focus or other third parties. You are not permitted to use
the Marks without the prior written consent of Micro Focus or such third party
which may own the Marks. "Micro Focus" and the Micro Focus logo are
trademarks of Micro Focus IP Development Limited or its subsidiaries or
affiliates.
All other trademarks,
trade names, or company names referenced herein are used for identification
only and are the property of their respective owners.
Other Attributions
Apple, the Apple logo,
iPad, and iPhone are trademarks of Apple Inc., registered in the U.S. and other
countries. App Store is a service mark of Apple Inc. Android and Google Play
are trademarks of Google Inc. INFOConnect and Unisys
are registered trademarks of Unisys Corporation. IBM is a registered trademark
of International Business Machines Corporation. NonStop
is a registered trademark of Hewlett-Packard Company. RocketStream
is a registered trademark of TIBCO Software Inc. or its subsidiaries in the
United States and/or other countries. Check Point, FireWall-1, VPN-1,
Provider-1, and SiteManager-1 are trademarks or registered trademarks of Check
Point Software Technologies Ltd. Some products include software developed by
the OpenSSL Project for use in the OpenSSL Toolkit (www.openssl.org).
Windows, the Windows
logo, Windows Vista, and the Windows Vista start button are trademarks of the
Microsoft group of companies. FIPS 140-2 Validated and the FIPS 140-2 logo are
the certification marks of NIST, which retains exclusive right to their use.
Citrix is a registered trademark and the Citrix ready logo is a trademark of
Citrix Systems, Inc. VMware and VMware Ready is a registered trademark or
trademark of VMware, Inc. in the United States and/or other jurisdictions. RSA
Secured and the RSA Secured logo are registered trademarks of RSA Security Inc.
Certification-Related Notices
This website may
reference certifications earned by Micro Focus products as the result of formal
testing procedures based on third party testing criteria, and may display associated
certification logos. In no case shall any such certification claim or logo
display be construed to confer any warranty of any kind from any third party.
The Cisco Systems,
Inc. Cisco Compatible logo signifies that Micro Focus's product has undergone
interoperability testing by Micro Focus together with Cisco and/or a
third-party test-house based on testing criteria set by Cisco. Micro Focus is
solely responsible for the support and warranty of its product, and Cisco makes
no warranties, express or implied, with respect to that product or its
interoperation with the listed Cisco product(s) and disclaims any implied
warranties of merchantability, fitness for a particular use, or against
infringement.
Some Micro Focus
products claim compliance to Federal Information Processing Standard (FIPS)
140-2 by using one or more cryptographic components from vendors such as
Microsoft and the Open Source Software Institute. A complete list of
FIPS-validated components is located at http://csrc.nist.gov/groups/STM/cmvp/validation.html.
Windows FIPS-validated algorithms used in some products were tested when the
FIPS mode bit was set. While the cryptographic components have valid
certificates at the time of product release, it is the user's responsibility to
review the validated product list to confirm that the component is still on the
list.