Terms of Use
BY ACCEPTING THESE TERMS OF USE (THE “TERMS”) OR ACCESSING OR USING THE SANDBOX, YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH RESPECT TO A FREE EVALUATION OF THE SIBROS EVALUATION SANDBOX (THE “SANDBOX”) UNLESS YOU AND SIBROS HAVE ENTERED INTO A SEPARATE AGREEMENT THAT PERMITS ACCESS TO THE SANDBOX, IN WHICH CASE YOUR EXISTING AGREEMENT WILL APPLY TO YOUR USE. THE DATE OF YOUR ACCEPTANCE OF THESE TERMS IS THE “EFFECTIVE DATE” OF THIS AGREEMENT. “YOU” REFERS TO ANY INDIVIDUAL OR ENTITY WHO AGREES TO THESE TERMS. IF YOU ARE USING THE SANDBOX FOR EVALUATION PURPOSES, THE SANDBOX IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND.
Account Users. The Sandbox features, functionalities and privileges available to You are determined by registration for such Account. Rights and permissions under these Terms are granted on an individual basis.
Evaluation. Sibros grants You a limited right to access and use the Sandbox (“Evaluation”) for the purposes of evaluating the features and functionalities of Sibros’ products on a non-exclusive, non-transferable, non-sublicensable, revocable basis during the Evaluation Period. Such Evaluation access is granted for a limited period of thirty (30) days unless Sibros agrees to an extension (“Evaluation Period”) and, in each case, solely for the purpose of evaluating and testing the Sandbox to determine whether to purchase a subscription. Sibros may terminate You’s access to and use of the Sandbox at any time.
Evaluation Materials Use and Restrictions. If Sibros makes samples, demonstrations, documentation, data, or other materials available to You in connection with an evaluation of the Sandbox (“Evaluation Materials”), You acknowledge and agree that: (i) Your access to Samples is at Your own risk, and (ii) You will not download or access any Samples on or through Your own production systems and networks and that doing so can infect and damage Your systems, networks, and data. You will use the Evaluation Materials solely for internal use and Evaluation and not for any other purpose, including malicious or unlawful purposes. Sibros will not be liable for any loss or damage caused by any Evaluation Materials that may infect Your computer equipment, computer programs, data, or other proprietary material due to Your Evaluation of the Sandbox. These Evaluation Materials are intended for Evaluation purposes only and should not be used in a production environment or with critical data. Support and maintenance for the Sandbox may be limited or unavailable. You are encouraged to report any issues or bugs You encounter, which will aid in further development and refinement. The Evaluation Materials are only available for designated use as stated herein. Sibros reserves the right to discontinue the Sandbox and any Evaluation Materials at any time without notice. In the event of discontinuation, You are advised to cease using and remove the Sandbox and Evaluation Materials. By proceeding with the use of the Sandbox, you acknowledge and accept the potential risks and limitations associated with unvalidated firmware.
Confidentiality. Any non-public information, know-how, or trade secrets disclosed in connection with the Sandbox or the Terms by Sibros to You, designated as confidential or is information that should be reasonably understood as confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”). Confidential Information includes Sibros’ Sandbox, Evaluation Materials, as well as any data, reports and materials Sibros provides to You in connection with Your use of the Sandbox. Confidential Information does not include information that (i) was lawfully known to You at the time of disclosure without an obligation of confidentiality, (ii) is or becomes publicly known through no wrongful act or omission of You, (iii) is rightfully received by You from a third party without obligation of confidentiality, (iv) is approved for release by Sibros’ prior written authorization, or (v) was independently developed by You without use or reference to Sibros’ Confidential Information. You may disclose Sibros’ Confidential Information if required by a valid subpoena or other legal requirement subject to an order of any court of competent jurisdiction or any regulatory, judicial, governmental, or similar body of competent jurisdiction. You will (i) promptly notify Sibros of such requirement, (ii) give Sibros an opportunity to challenge or limit the disclosure, and (iii) cooperate with Sibros to narrow the scope of such disclosure that is necessary to fulfill the requirement. You will maintain appropriate organizational and technical security measures and will protect Confidential Information using the same degree of care that You use to protect your own confidential information but, in any event, not less than reasonable care. You are permitted to use Confidential Information solely for the purpose of Evaluation.
No license or Warranty. Sibros retains all rights to its Confidential Information and derivations thereof. These Terms do not grant any express or implied license to any intellectual property or proprietary rights. All Confidential Information is provided “AS IS,” and Sibros disclaims any representations, warranties, or assurances concerning the Confidential Information, including as to accuracy, completeness, or against infringement of third-party rights. THE SANDBOX AND ANY EVALUATION MATERIALS ARE PROVIDED “AS IS” WITHOUT GUARANTEED SUPPORT LEVELS, INDEMNIFICATION, OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
Injunctive Relief. Sibros may seek injunctive relief from a court of competent jurisdiction for any irreparable harm for which monetary damages would not provide an adequate remedy or against any breach or threatened breach of these Terms.
Trade Control Laws. Each Party agrees to comply with relevant sanctions and export laws, regulations, and resolutions of the United States and any other applicable jurisdictions to assure that no software or technology shared under these Terms is exported in violation of or intended for any purpose prohibited by such laws.
Miscellaneous. These Terms constitute the sole agreement between You and Sibros regarding its subject matter. It supersedes all prior written or oral agreements or communications between the Parties. A Party’s waiver of any right hereunder does not imply waiver of any other rights. No waiver, alteration, modification, or amendment of these Terms will be effective unless in writing and signed by both Parties. Neither Party may assign, transfer, or otherwise convey or delegate any of its rights or duties under these Terms without Sibros’ prior written consent, which will not be unreasonably withheld. Any attempt to do so will be void.
