Terms of Use

Please read VyOS terms of use (“Terms”) carefully. Access to, and use of the VyOS Inc. (“VyOS”, “we,” “us,” or “our”) website https://vyos.io/, any VyOS related sites and its solutions, communications, products or services provided through it or for it (“the Services”, “our Services”, “these Services”), including any of its content, is conditional on your agreement to these Terms. For some of our Services additional or separate terms may apply. You must read, agree with, and accept all of the terms and conditions contained in these Terms. By creating an account, or by visiting or using our Services, or accessing, installing or downloading our Services you agree to be bound by these Terms and you indicate your continued acceptance of these Terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy.

For the avoidance of doubt, “You” means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.

1.Your use of our Services

VyOS is committed to providing a safe and positive experience to all users on our Services. To help us do that, we need You to follow a few basic rules when You’re here. When using our Services, You must comply with all applicable laws, with these Terms, and any other applicable agreement.

You also agree not to:

Threaten, harass, stalk, defame, or defraud any person or entity

Violate copyright, trademark, or other intellectual property laws

Access or use any application, system, service, tool, data, account, network, or content without authorization or for unintended purposes

Disable, disrupt, circumvent, interfere with, or otherwise violate the security of the Services

Attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in these Terms, including but not limited to monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware)

Use the Services in any way that would constitute or contribute to the engagement, commission or promotion any illegal, unlawful or criminal activity

Authorize, permit, enable, induce, or encourage any third party to do any of the above.

If You violate these Terms, Your access to the Services may be terminated immediately and without notice.

2. User accounts and profiles

In order to access certain products and services or features of our Services, You may be required to create an account, profile, or download our products. We may also offer access to certain products or services or features of our Services for a fee. In those situations, additional terms and conditions, end user licenses or requirements may apply and those additional terms become part of Your agreement with us (for example, term, fees, payment, termination, etc). In the event of any conflict between such additional terms and these Terms, the additional terms shall control.

If any of the Services requires You to open an account or create a user profile, the information You provide must be truthful and accurate, including Your contact information for notices and other communications from us and Your payment information if required. You may not use false or misleading information in connection to Your account, or trade on the name or reputation of others, and VyOS may change or remove any information that it considers inappropriate or unlawful, or otherwise likely to expose VyOSto claims of third parties. You agree that we may take steps to verify the accuracy of information You have provided to us. User accounts, profiles, usernames, and passwords are associated with one individual only and You agree that You will never allow access by another person or entity at any time and to never access the account, profile, username, or password of another person or entity at any time. You must notify VyOS immediately of any unauthorized use of Your account or of any other breach in security that You are aware of.

3. Our Services Content

Our Services may contain content owned, operated, licensed, and/or controlled by VyOS or other third parties that is protected by copyright, trademark, trade secret, or other proprietary rights (“Services Content”). VyOS or its licensors retain all rights in such Services Content. VyOS grants You a limited, revocable, non sublicensable, non-exclusive and non-transferable right to view the Services Content solely for Your internal use of our Services. Additionally, certain Services Content may include, but is not limited to, icons, photographs, white papers, product documentation, technology overviews, and implementation guides.

The trademarks, logos, and service marks (“Marks”) displayed on or used in connection with our Services are the property of VyOS or other third parties. Your use of our Services grants You no right or license to reproduce or otherwise use any VyOS or third party Marks. Likewise, You grant no right or license to reproduce or otherwise use any of Your trademarks, service marks, graphics and/or logos, unless expressly authorized by You.

3.1 Software Content. Software, in both source and binary forms, sample code, APIs, SDKs, associated documentation, and other related materials (collectively, “Software Content”) may be available for download on certain parts of the Services. VyOS or its licensors own and retain all rights in such Software Content, including all applicable intellectual property rights, unless other is directly specified.

Nothing in these Terms grants any right or license to Software Content. Software Content is governed by its own separate terms and conditions and all use of Software Content must be in accordance with the specified license(s) and end user license agreements.

3.2 Your Content. We do not claim any ownership rights in any text, files, images, photos, video, sounds, software, works of authorship, or other materials that You upload or otherwise provide to our Services (collectively, “User Content”). However, You grant to VyOS a worldwide, royalty-free, sublicensable, perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce, and distribute Your User Content for the limited purpose of providing our Services. You also agree that any other user of these Services may access, view, store, and reproduce Your User Content for such user’s personal use or otherwise in connection with use of the Services.

You may intend for some of Your User Content to be generally available as Software Content on our Services. In those cases, in addition to the permissions that You grant above, You must also specify a license that provides other users with sufficient rights to use Your work as intended, such as an open source or Creative Commons license

You cannot post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. We may terminate an account and/or deny access to any user who is alleged to have infringed the copyright or proprietary rights of another

All User Content is considered non confidential and public. Please do not submit any confidential or private information

If You provide us with any feedback or ideas, You authorize VyOS to use Your feedback for any purpose, without any restriction or limitation.

You also represent and warrant that:

• You represent that You are of legal age;

• The downloading, copying and use of the User Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

• If Your employer has rights to intellectual property You create, You have either (i) received written permission from Your employer to post or make available the User Content, including but not limited to any software, or (ii) secured from Your employer a written waiver as to all rights in or to the User Content;

• You have fully complied with any third party licenses relating to the User Content, and have done all things necessary to successfully pass through to end users any required terms;

• The User Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

• The User Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unethical or unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

• The User Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.

VyOS has the right (though not the obligation) to (i) refuse or remove any content that, in VyOS’s reasonable opinion, violates any VyOS policy or is in any way harmful or objectionable, or (ii) terminates or denies access to and use of our Services, to any person for any reason, in VyOS’s sole discretion, with or without prior notice, and without liability.

If You believe that Your copyright or other rights have been infringed, please provide us with written notice with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest

• A description of the copyrighted work or other work that You claim has been infringed

• A description of where the material that You claim is infringing is located on our sites, networks or other repositories

• Your address, telephone number, and email address

• A written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

4. Disclaimers and limitations of liability

Except as specifically set forth above, nothing in these Terms confers, by implication, estoppel, or otherwise, any license or right under any trade secret, patent, trademark, copyright, or other intellectual property right of VyOS or any third party. All rights not expressly licensed are reserved.

VyOS and its licensors make no warranties or representations whatsoever with respect to the Services, or any linked site or its content, including the content, information and materials on it or the accuracy, completeness, or timeliness of the content, information and materials. We also do not warrant or represent that Your access to or use of the Services, or any linked or third party linked site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the Services, or any linked or third party linked site is free of computer viruses or other harmful components. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them. We assume no responsibility, and shall not be liable for any damages to, or viruses that may infect, Your computer equipment or other property on account of Your use of the Services, or Your access to, use of, or browsing of the Services, or Your downloading or uploading of any content from or to the Services. If You are dissatisfied with the Services, Your sole remedy is to discontinue using the Services.

No advice, results or information, whether oral or written, obtained by You from VyOS, or through the Services, shall create any warranty not expressly made herein. VyOS does not necessarily endorse, support, sanction, encourage or agree with any content or any user content, or any opinion, recommendation, content, link, data or advice expressed or implied therein, and VyOS expressly disclaims any and all liability in connection with user content and any other content, materials or information available on or through the Services, created or provided by users or other third parties.

Our Services may contain links to third party sites. We provide these links merely as a convenience and the inclusion of such links does not imply any endorsement of their content. Access to any other site linked to our Services is at Your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such sites.

You are solely responsible for maintaining the confidentiality of Your account, registration, and password information. VyOS will not be liable for any harm caused by, or related to, the theft or misappropriation of Your user name or password, disclosure of Your user name or password, or Your authorization of anyone else to use Your user name or password.

We may change the Services mentioned at any time without notice. Mention of non-VyOS products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation. Because international information is provided on our Services, not all products or programs mentioned will be available in Your country. Please contact Your local sales representative for information as to products and services available in Your country.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. Check Your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, VYOS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR THAT ARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

VYOS INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, OR ANY RELATED CONTENT, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF VYOS INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

VYOS INC. DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES OR ANY RELATED SERVICES OR CONTENT.

ALL USE OF THE SERVICES IS AT YOUR OWN RISK.

5. Your representations and warranties

You represent and warrant that Your use of the Services will be in accordance with any additional applicable agreement, the Privacy Policy, these Terms, the Cookie Policy and with any applicable laws and regulations, including without limitation any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which You reside, and with any other applicable policy or terms and conditions.

6. Indemnification

Subject to the limitations set forth herein, the parties agree to defend, indemnify, and hold each other harmless, including its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with (i) a material violation of these Terms, or any agreement between the parties, or (ii) any allegation that any information or material (including any content) violates any rights of any third party.

You understand and agree that, by using the Services, You are solely responsible for any data, including personally identifiable information, collected or processed via our Services. You will defend, indemnify, and hold VyOS Inc. harmless, without any limitation, for all damages in connection to (alleged) violations of any privacy laws through the use of the Solutions and/or Services under Your account.

7. Privacy

VyOS Privacy Policy describes how we will protect Your privacy and handle Your personal information when using our Services. By using our Services, You agree that VyOS can use such information in accordance with this policy.

8. About our Terms

We reserve the right to change these Terms from time to time at our sole discretion. Please check this page periodically for any updates.

These Terms are governed by the laws of California, excluding any conflict of laws, rules or principles.

If there is any dispute relating to the Services or these Terms, You and VyOS agree to exclusive personal jurisdiction and venue in the state courts of California.

If any provision of these Terms is found to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full effect.

If You or others violate these Terms and we take no immediate action, this in no way limits or waives our rights, such as our right to take action in the future or in similar situations.