Terms and Conditions:
2. NetFoundry Services are available for use of businesses only and is not targeted at or available for individual consumers. You may use the Free Trial once.
3. NetFoundry Services are defined by and restricted to the functionality made available to you by NetFoundry. The functionality may change from time to time at NetFoundry's sole discretion.
4. NetFoundry or authorized NetFoundry partners may contact you at any time to upgrade your services, a decision you will make at your sole discretion. If you elect to consume another NetFoundry service, you will need to agree to the terms and conditions associated with that service, which may be different than these terms and conditions, including but not limited to the payment terms and functionality. NetFoundry's Terms for Business and Enterprise Services are here.
5. We reserve the right, in our absolute discretion, to withdraw or to modify NetFoundry Services and/or these terms and conditions at any time without prior notice and with no liability. Upon expiry of the Free Trial Period or extended period, unless sooner terminated or suspended by us, your use or access to NetFoundry Services may come to an end. If you want an extension to your Free Trial, please contact us +1(855) 284-2007. Any such extension shall be for the duration or extended period as is permitted by NetFoundry which may be revoked at any time by NetFoundry in its sole discretion.
6. NetFoundry Services, associated documentation, Intellectual Property and proprietary rights are the sole and exclusive property of NetFoundry and/or its licensors. NetFoundry reserves all rights not expressly granted under these terms and conditions, including without limitation, all rights to derivative works of the products and services included in the services. You will have no title to or ownership in the any portion of the NetFoundry Services. You agree not to attempt to reverse engineer, disassemble, decompile or modify NetFoundry Services, nor permit or enable any third party to do so.
7. You acknowledge that NetFoundry Services may contain proprietary trade secrets of NetFoundry or its suppliers and licensors and you hereby agree to maintain the confidentiality of the products, services, information and documents included in NetFoundry Services using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. The customer feedback either provided orally or in writing including any copies thereof shall be considered as NetFoundry confidential information and would be subject to confidentiality provisions as set out in this clause. You agree that you shall not, at any time, disclose any information in connection with NetFoundry Services or the affairs of NetFoundry business or method of carrying on the business of NetFoundry without NetFoundry’s written consent.
8. NetFoundry Services, associated terms and confidential information are provided “AS IS”. To the maximum extent permitted by law, NetFoundry and its licensors expressly disclaim any warranties of any kind, whether statutory, express or implied including, without limitation, any warranties of merchantability, fitness for a particular purpose or non-infringement.
9. In no event shall NetFoundry be liable for NetFoundry Services performance and the aggregate liability of NetFoundry for any disputes or claims arising due to your use of the NetFoundry Services, shall, in no event exceed an amount of USD $100. Further, NetFoundry or its suppliers or licensors shall not be liable hereby for any indirect, incidental, consequential, punitive, special or other similar damages, whether or not due to the fault or negligence of a party, and regardless of whether NetFoundry has been advised of the possibility of such damages or losses.
10. You agree that by using the NetFoundry Services, you are not relying on any oral or written representation or statements made by NetFoundry or its representatives.
11. These Trial Terms and Conditions are between you and (“NetFoundry”/”us” / “We”), a subsidiary of Tata Communications Netherlands BV. This arrangement shall be governed by and interpreted in accordance with the laws of New York, without giving effect to any principles of conflict of laws and the courts of New York shall have jurisdictions over matters arising out of your use of NetFoundry Services.
12. Use of NetFoundry’s Services is permitted only in compliance with US trade sanctions. By accepting these terms and conditions, you certify that you and your business are (i) not located in or a resident of Cuba, Iran, North Korea, Syria or the Crimea region of Ukraine; (ii) not the government of, or an entity that is owned or controlled by the government of, Cuba, Iran, North Korea, Syria or Venezuela; (iii) not a national of Cuba; (iv) not a Specially Designated National and Blocked Person (SDN) and (iv) not owned 50% or more by one or more SDNs. By accepting these terms and conditions, you agree to not use the software for any end use prohibited pursuant to the US Export Administration Regulations.