Terms of Use Print
Please read these Terms of Use carefully before using this Web site (this "Site"). By accessing or using this Site, you acknowledge and agree to follow and be bound by these Terms of Use. As used in these Terms of Use, "Visual Networks" means Visual Networks, Inc. and its subsidiary entities.
® 1995-2005 Visual Networks, Inc. All Rights Reserved.
Visual Networks, Visual UpTime, Visual UpTime Select, Visual UpTime Select Back in Time, Select Back in Time, Visual UpTime Select Real Time, Select Real Time, Visual UpTime Select Traffic Capture, Select Traffic Capture, Visual UpTime Select Class of Service, Select Class of Service, Visual Burst Advisor, Burst Advisor, Visual Service Advisor, eWatcher, Trinity, VPOP, Make It Visual, Visual IP Insight, bridge the network application integrity gap and network application integrity are trademarks or registered trademarks of Visual Networks in the United States and other countries. Visual Networks’ trademarks may be used publicly only with written permission from Visual Networks. Other names and brands may be claimed as the property of others.
This Privacy Policy applies only to personally identifiable information collected at this Site and does not apply to any other information collected by Visual Networks through any other means. Visual Networks collects personally identifiable information through this Site either (i) through your voluntary disclosure of such information through this Site or (ii) through technology to make this Site more interesting and useful to you, including the use of “cookies” which are computer-generated unique identifiers that our Site sends to your computer while you are viewing the Site that enables Visual Networks to recognize you and make use of your usage history. Personally identifiable information collected at this Site includes, without limitation, information such as your name, address, other contact information, user name, domain name, IP address and other similar information. Visual Networks uses your personally identifiable information in many ways including forwarding this information to its resellers and its affiliates for the purpose of conducting Visual Networks business operations, including sales and promotions. Visual Networks does not intend to rent or sell your personally identifiable information to third parties. If you no longer wish to receive e-mails from Visual Networks, please notify us at http://forms.visualnetworks.com/email_list/email_remove.cfm. If you have any questions or concerns, we invite you to contact us at info@flukenetworks.com.
The documents, graphics, information, software, presentations, audio and video demonstrations and other materials (collectively, the “Materials”) at this Site are copyrighted and are owned solely and exclusively by Visual Networks and its providers. Any unauthorized use of any of the Materials may violate copyright, trademark, and other laws. You may download one copy of the Materials found at this Site on a single computer for your personal, non-commercial internal use only unless expressly permitted by license terms which accompany or are provided with individual Materials. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use the Materials for any purpose other than in strict accordance with the license terms set forth in this paragraph; (b) decompile, reverse engineer, or disassemble software Materials; (c) remove any copyright, trademark or other proprietary notices from the Materials; (d) license, sell, or transfer the Materials to another person or entity. You agree to prevent any unauthorized copying of the Materials.
Other than the permitted use of the Materials described in this section, you may not make any other use of this Site. Without limiting the generality of the preceding sentence, you may not: (a) create a hyperlink to, frame or use framing techniques to enclose any information found anywhere on this Site; (b) impersonate any person or entity; (c) breach or attempt to breach the security of the Site or any network, server, data or computer or other hardware relating to or used in connection with this Site; (d) use or distribute through the Site software or other tools or devices designed to interfere with or compromise the privacy, security or use of the Site by others or the operations or assets of any person or entity; or (e) violate any applicable law including without limitation any state or federal law.
This Site may contain hyperlinks to Web sites controlled by parties other than Visual Networks. Visual Networks is not responsible for and does not endorse the contents or use of these Web sites. Visual Networks, therefore, does not represent or warrant that the contents of any third party Web site are accurate, compliant with state or federal law or compliant with copyright or other intellectual property laws. All opinions expressed on third party Web sites are not necessarily those of Visual Networks and Visual Networks does not endorse the contents of these third party Web sites in any way. Visual Networks is not responsible for webcasting or any other form of transmission received from any linked Web site. Any reliance on the contents of a third party Web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
Except where expressly provided otherwise by Visual Networks, all comments, feedback, information, and materials submitted to Visual Networks through or in association with this Web site shall be considered non-confidential and Visual Networks' property. By submitting such comments, feedback, information, or materials to Visual Networks, you assign to Visual Networks all worldwide rights, title, and interest in copyrights, and other intellectual property rights to the comments, feedback, information and materials. Visual Networks shall be free to use such comments, feedback, information and material on an unrestricted basis.
THIS SITE AND THE MATERIALS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. IN ADDITION, VISUAL NETWORKS AND ITS PROVIDERS DO NOT REPRESENT OR WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THIS SITE OR WITHIN THE MATERIALS AND VISUAL NETWORKS MAKES NO COMMITMENT TO UPDATE OR CORRECT THIS SITE OR THE MATERIALS.
IN NO EVENT SHALL VISUAL NETWORKS OR ITS PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE OR THE MATERIALS, EVEN IF VISUAL NETWORKS OR ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Site is controlled by Visual Networks from its offices within the United States of America. This Site and the Materials may not be appropriate or available for use in other locations and access to them from territories where their content is illegal is prohibited. If you choose to access this Site from other locations, you do so on your own initiative and risk and you are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claims relating to this Site or the Materials shall be governed by the laws of the State of Maryland of the United States of America without regards to its conflicts of laws principles.
In the event any part of these Terms of Use is found to be unenforceable, the remainder shall continue in full force and effect. You understand and agree that these Terms of Use represent the entire agreement governing your access to and use of this Site and the Materials.
Visual Networks may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use.
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