ManagementTERMS OF USE
These Terms of Use set forth the terms and restrictions regarding the use of the Secure Data in Motion, Inc. d/b/a Sigaba web site (www.sigaba.com), by you, a user of Sigaba.com, and the entity you represent (hereinafter collectively "you" or "your"). By using Sigaba.com in any manner, you agree to all terms and conditions contained or referenced in these Terms of Use. These Terms of Use apply only to your use of Sigaba.com and do not change or alter any other agreement between you and Sigaba.Sigaba reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. You should visit this page periodically to review the current Terms of Use. Your continued use of Sigaba.com following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
If at any time you do not agree with these Terms of Use, your sole recourse is to not use, or stop using Sigaba.com.
Privacy Policy
Sigaba is concerned about your privacy and has developed a policy to address privacy concerns. Please see our Privacy Policy regarding the collection and use of your information. By using Sigaba.com, you are consenting to the processing of your data by Sigaba and consenting to the terms of our Privacy Policy.
Copyrights and Trademarks
Copyright 2005, Secure Data In Motion, Inc. d/b/a Sigaba. All rights reserved. Sigaba and the Sigaba logo are registered trademarks of Secure Data In Motion, Inc. All other logos and product names are trademarks of Secure Data In Motion, Inc. Marks and trade names not owned by Secure Data In Motion, Inc. and mentioned on Sigaba.com are the property of their owners.
Ownership and Use of Web Site Information
All information, materials and software on Sigaba.com, except noted third party materials, are the copyrighted work of Sigaba and are protected under United States and worldwide copyright laws and treaty provisions. You may download, view, copy and print documents (such as, white papers, press releases, product descriptions and FAQs) from Sigaba.com subject
- any such use is solely for informational, non-commercial use
- you may not modify or revise documents in any manner
- you must keep and plainly display all copyright and other proprietary notices, in the same form and manner as on the original
- you must display a statement that the materials are used solely with permission of Sigaba
Use of Sigaba Software
Any use of the Sigaba software and accompanying documentation is subject to the terms of a license agreement. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.THE SIGABA SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Prohibited Use and Communications
Sigaba prohibits any unsolicited or bulk e-mail transmission to be sent, or caused to be sent, over the Internet, to any Sigaba.com e-mail address. You may not harvest or collect e-mail addresses from Sigaba.com for the purpose of sending unsolicited or bulk e-mail.
Sigaba prohibits any e-mail transmission to be sent, or caused to be sent, to any Sigaba.com e-mail address if the e-mail is intended to, or appears intended to, harass, embarrass, threaten, defame or impersonate any person, or if the e-mail is pornographic, offensive, indecent, discriminatory or offensive on the basis of sex, color, national origin, race, age, religion, sexual orientation or disability. Sigaba prohibits any e-mail transmission to be sent, or caused to be sent, to any Sigaba.com e-mail address that makes use of a forged header or deceptive addressing, or which attempts in any manner to disguise the source of the e-mail.
You may not use Sigaba.com or its contents in any way that could overburden, impair, disable or damage any Sigaba server, or the networks connected to any Sigaba server. You are prohibited from using Sigaba.com or its contents to interfere with any other party's use of Sigaba.com or any of Sigaba’s products and services. You may not attempt to gain unauthorized access (through hacking, brute force, password mining or any other means) to any services, accounts, computer systems, or networks connected to any Sigaba server or to any of Sigaba’s products or services. You may not obtain or attempt to obtain any materials or information that has not been made intentionally available by Sigaba on Sigaba.com. You agree that Sigaba may, in its sole discretion and at any time, terminate your access to Sigaba.com and any account(s) you may have in connection with Sigaba.com. Sigaba may monitor access to Sigaba.com.
Links to Sigaba.com
Sigaba appreciates your interest in linking your web site to Sigaba.com. If you link your web site to Sigaba.com you agree to the following terms:
- Links. You may include active links on web sites you control to direct a browser to Sigaba’s current "home page" at http://www.Sigaba.com. However, you may not include web site links to any other page maintained on Sigaba.com unless you have received prior written permission of an officer of Sigaba
- Framing. You may not "frame" or otherwise impose editorial comment, commercial material or any type of identification on (or in proximity to) content displayed on Sigaba.com
- Modify/Replicate. You may not alter or modify Sigaba.com content or "cut and paste" or otherwise reproduce Sigaba.com content on the web site that links to Sigaba.com
- Misrepresentation. You must not misrepresent your relationship with Sigaba or imply that Sigaba is endorsing or sponsoring you or your web site.
- Mislead. You must not present false, misleading or defamatory information about Sigaba, its products or services
- Content. The content on your site must be lawful and must not contain libelous, defamatory, obscene or pornographic material
- Risk. Sigaba makes no representations or warranties regarding the Sigaba web site, which is provided "as is." You link to Sigaba.com at your own risk. Sigaba is under no obligation to maintain Sigaba.com, provide or update Sigaba.com content or otherwise support your link to the Sigaba web site
- Termination. Sigaba may revoke this authorization at any time for any reason
Sigaba.com contains links to other web sites solely as a convenience to persons who visit Sigaba.com. Sigaba makes no representations about web sites linked to Sigaba.com. The inclusion of any such link on Sigaba.com does not imply that Sigaba endorses, recommends or accepts any responsibility for such sites, their content, products, services or companies. In addition, Sigaba is not responsible for the practices of those sites, even though Sigaba’s name or logo may appear on those sites. We encourage you to read the terms of use and privacy policies of any web site that you visit, including those linked to Sigaba.com as their terms and policies may differ from ours.
No Endorsements
Sigaba.com may reference or mention other parties, their products or services. Any such reference or mention is not an endorsement, recommendation or sponsorship of that party, its product or services but is merely for informational purposes. Sigaba makes no representation or warranties of any kind, express or implied regarding any referenced or mentioned company, its products, services or information.
Submissions
Sigaba does not want to receive confidential or proprietary information from you through its web site. Please note that any information or material sent to Sigaba will NOT be treated as confidential. If you submit information or materials to us (including but not limited to, ideas, know-how, concepts, techniques, feedback, data, questions, comments, suggestions, strategies, artwork, statistics, graphs, processes, plans, freeware, scripts, code, or vulnerabilities), you grant Sigaba an unrestricted, perpetual, irrevocable, royalty free, worldwide, transferable and sublicensable license to use in any way for any commercial or non-commercial purpose, including without limitation the right to: reproduce, copy, display (publicly or otherwise), perform (publicly or otherwise), modify, transmit, distribute, edit, reformat, translate, and make derivative works from those materials or information. You also grant Sigaba the right to use your name in connection with the submitted materials and information as well as in connection with all advertising, marketing and promotional material related thereto. You understand that you will not be compensated for any such use. You agree that you shall have no recourse against Sigaba for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
No Warranty
THIS WEB SITE, ITS CONTENTS (COLLECTIVELY, THE “WEB SITE”) PROVIDED HEREIN IS PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY LAW, SIGABA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SIGABA DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE SIGABA WEB SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE WEB SITE WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, SIGABA DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION OF THIS WEB SITE (INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM INTERRUPTIONS OF SERVICE OR DELAYS IN OPERATION OR TRANSMISSION), EVEN IF SIGABA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Availability
Sigaba may change the products, services, prices, and programs mentioned on Sigaba.com at any time without notice. Additionally, all products and services referred to on Sigaba.com are subject to availability and qualifications. Terms, conditions, and exclusions not described on this web site may apply. Sigaba.com can be accessed from countries around the world and may contain references to products, services and programs that have not been announced in your country. These references do not imply that Sigaba intends to announce such products, services or programs in your country. Consult your local Sigaba representative for information regarding the products, services and programs that may be available to you.
Jurisdictional Statement
This web site is controlled, operated and intended for use only in the United States of America. We do not represent that materials on Sigaba.com are appropriate or made available for use outside of the United States of America.
Governing Law
The laws of the state of California shall govern these Terms of Use and all matters relating to your access to, or use of, Sigaba.com. You agree that any legal action or proceeding between Sigaba and you for any purpose concerning these Terms of Use or Sigaba.com shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Any cause of action or claim you may have with respect to these Terms of Use or Sigaba.com must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred.
U.S. Government Rights
Sigaba software and documentation is provided to the United States government and its agencies as restricted computer software with only limited rights. The Sigaba software and any documentation is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, the Sigaba software and documentation is made available to the United States of America, its agencies and/or instrumentalities, with only those rights set forth in the license agreement that accompanies the download of software. Use, duplication or disclosure of the Sigaba software and documentation by government licensees is subject to the restrictions as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 C.F.R. 52.227-19, as amended, or any successor regulations thereto. Any federal government licensee shall have the rights for restricted computer software as set forth in 48 C.F.R. 52.227-19. Contractor/Manufacturer is Secure Data In Motion, Inc. at 1875 S. Grant St., Suite 850, San Mateo, CA 94402, USA.
No Waiver
Sigaba reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for violation of these Terms of Use. Sigaba’s failure to enforce these Terms of Use in every instance in which it might have application does not amount to a waiver of Sigaba’s rights.
Severability
If any provision of these Terms of Use is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.
Last updated: 02/07