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Sophos Website Terms of Use

These Sophos Website Terms of Use, together with the documents referred to in it (collectively, the “Terms of Use”) apply to the Sophos website at www.sophos.com, and all associated sites existing as subdomains or linked to or from www.sophos.com by Sophos, its subsidiaries and affiliates, (collectively, “Sophos,” “we,” or “us”), including Sophos sites around the world (collectively, the “Site”). The Site is the property of Sophos and its licensors, and these Terms of Use govern your use of the Site, including accessing, browsing, registering, using and downloading.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

OTHER APPLICABLE TERMS

These Terms of Use incorporate by reference the following additional terms, which also apply to the use of the Site:

  • Our Privacy Notice available here, which sets out the terms upon which we may process any personal data we collect about you;
  • Our Cookie Information Page available here, which explains the use of cookies on our Site;

Each of the above may be changed from time to time and are effective immediately upon posting such changes on the Site.

If you obtain trial or evaluation products or services from our Site, or purchase or download products or services from our Site, then Sophos’ obligations, if any, with regard to such products and services are governed solely by the applicable EULA and/or agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

CHANGES TO THESE TERMS, THE SITE, AND OUR PRODUCTS AND SERVICES

We may revise these Terms of Use and any other applicable or associated policies in our sole discretion at any time. It is your responsibility to review this page for changes as such changes will be binding upon you and your continued use of the Site will mean that you accept and agree to the changes. No notice of any changes will be given.

We may modify, update, suspend or terminate operation of or access to the Site from time to time without notice, including for clarity changing the content at any time. We may interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Sophos may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Sophos makes no commitment to update the materials on the Site with respect to such products and services.

ACCESSING THE SITE AND RESTRICTED ACTIVITIES

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content, or in any way obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Sophos server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Sophos, including any Sophos account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Sophos on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Sophos or others.

You further agree (i) not to reproduce, duplicate, copy or re-sell any part of the Site and (ii) not to access without authority, interfere with, damage or disrupt any part of the Site, any software used in the provision of the Site or any equipment or network or software owned or used by any third party.

ACCOUNTS, PASSWORDS AND SECURITY

Certain features or services offered on or through the Site may require you to open an account, including registration with a user identification code, password and possibly other information as part of our security, community, purchasing or downloading procedures. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Sophos immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Sophos or any other user of or visitor to the Site due to someone else using your user identification, password or account as a result of your failing to keep your account information secure and confidential.

We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time and without prior notice, if in our sole discretion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your user identification code and password you should immediately change your password.

INTELLECTUAL PROPERTY RIGHTS

All content, software, data and intellectual property rights, including but not limited to all know how, concepts and logic contained on or relating to the Site is the property of Sophos or its licensors. None of the software, data or content found on the Site may be reproduced, republished, distributed, posted, sold, transferred or modified in any way without our prior express written permission. All intellectual property including but not limited to trademarks, logos and service marks displayed on the Site is registered by Sophos and protected throughout the world. No license, right or interest in any Sophos intellectual property is granted to you.

You may use information on Sophos products and services (such as data sheets, knowledge base articles, white papers and similar materials) purposefully made available by Sophos for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial purpose, (3) make no modifications to any such information and (4) do not make any additional representations or warranties relating to such documents. You may print off reasonable copies of any page(s) from the Site for your own personal use and you may draw the attention of other users within your organization to content posted on the Site.

You may quote short portions of content on the Site, but not copy substantial portions of the content of an article or webpage on the Site or copy same in their entirety, provided that (i) you credit Sophos at the end of such quote, and (ii) if you publish the quote on a website, you include an attribution link to www.sophos.com from within such article.

Should you wish to make use of any of the content on the Site other than as expressly permitted above, please contact legalnotices@sophos.com for permission prior to any such use.

NO RELIANCE ON INFORMATION

The opinions expressed by Sophos employees on any blogs or forums are the individual's own and do not represent or necessarily correspond to the opinions of Sophos. We will not be responsible for any direct or indirect damages or losses caused or alleged to have been caused as a result of your use or reliance on such information.

Any use or reliance on any User Postings (defined below) is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Postings. You understand that by accessing the Site, you may be exposed to User Postings that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, User Postings that have been mislabeled or are otherwise deceptive. All User Postings are the sole responsibility of the respective persons who originated such User Postings. We may not necessarily monitor or control User Postings, and in any case we cannot take responsibility for such content.

LIMITATION OF LIABILITY

SOPHOS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOPHOS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING OUT OF YOUR USE OF OR ACCESS TO THE SITE.

SOPHOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.SOPHOS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES (INCLUDING ANY INFORMATION OR USER POSTINGS PROVIDED BY ANY SUCH THIRD PARTIES VIA THE SITE) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SOPHOS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SOPHOS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.TO THE MAXIMUM EXTENT PERMITTED BY LAW WE PROVIDE THE SITE WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS. NO ADVICE OR INFORMATION FROM THE SITE WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.

For clarity, we will not be liable to any user of the Site for any loss or damage, whether in contract, tort (including but not limited to negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with including (but not limited to) the following;

  1. any use of this Site or content found therein;
  2. any failure or delay in the use of or inability to use the Site and whether the Site is available on an uninterrupted, secure, or error-free basis;
  3. an act or omission by Sophos;
  4. the completeness, accuracy, availability, timeliness, security or reliability of the Site or any content found therein inadequacy of the Site to meet your requirements;
  5. incompatibility of the Site with any of your equipment, software or telecommunications links;
  6. the provision of or failure to provide services;
  7. any information, software, products, services and related graphics obtained through the Site.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL SOPHOS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SOPHOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, notwithstanding the other provisions of these Terms of Use, Sophos is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any content, Sophos’ liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Sophos, if any, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Different limitations and exclusions of liability shall apply arising out of the supply of any product or services purchased, trialed or downloaded by you, which will be set out in the terms and conditions applicable to the particular purchase, trial or download.

USER POSTINGS & UPLOADING CONTENT TO THE SITE; COMMUNITY STANDARDS

Whenever you make use of a feature that allows you to upload or post content to the Site (such uploads or posts, “User Postings,” or to make contact with other users of the Site, you agree that your use and the content you upload or post shall not:

  1. breach any applicable local, national or international law or regulation;
  2. be unlawful, misleading, false, deceptive or fraudulent, or have any unlawful, misleading, harmful, deceptive or fraudulent purpose;
  3. be for the purpose of harming or attempting to harm minors in any way;
  4. transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation;
  5. knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  6. disseminate any unlawful, offensive, profane, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material;
  7. attempt to gain access to other computer systems;
  8. interfere with anyone else’s enjoyment of the Site;
  9. interfere with or disrupt networks or websites connected to the Site;
  10. include confidential information about Sophos and/or its products and services.

All of your User Postings shall be considered non-confidential and non-proprietary. You retain all ownership rights in your User Postings, but you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Postings in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). Any exercise of rights under the foregoing license by Sophos is made with no compensation paid to you with respect to your User Postings, as the use of the Site by you is hereby agreed as being sufficient compensation for the User Postings and grant of rights herein.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Postings that you submit, post or display on or through the Site. You agree that such User Postings will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Sophos the license described above.

We accept no responsibility, or liability to any third party, for the content or accuracy of any content posted by you or any other user of the Site. The views expressed by other users on the Site do not represent Sophos’ views, opinions or values. We reserve the right to remove any posting you make on the Site if, in our sole opinion, your post does not comply with these terms of use.

VIOLATIONS OF THESE TERMS OF USE

Sophos may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Sophos’ rights or property, or the rights or property of visitors to or users of the Site, including Sophos’ customers. Sophos reserves the right at all times to disclose any information that Sophos deems necessary to comply with any applicable law, regulation, legal process or governmental request.

You acknowledge and agree that Sophos may preserve any transmittal or communication by you with Sophos through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Sophos determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Sophos, its employees, users of or visitors to the Site, and the public.

You agree that Sophos may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site for any or no reason, including if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Sophos, for which monetary damages would be inadequate, and you consent to Sophos obtaining any injunctive or equitable relief that Sophos deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Sophos may have at law or in equity.

You agree that Sophos may, in its sole discretion and without prior notice, terminate your access to the Site, for any or no reason, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

WARRANTIES

You warrant that your access to and use of the site is and will remain in accordance with all applicable laws and regulations.

You shall hold harmless, defend and fully indemnify us against any claims, proceedings, damages, costs, expenses or liabilities whatsoever arising out of or relating to your use of the Site.

LINKING TO THE SITE

You may link to our home page, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in any such way that suggests a form of association, approval or endorsement with or by Sophos where none exists.

The Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

Sophos reserve the right to withdraw linking permissions at any time and without notice.

Should you wish to make use of any of the content on the Site other than set out above, please contact legalnotices@sophos.com

THIRD PARTY LINKS AND RESOURCES ON THE SITE

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. You acknowledge that we have no control over the content of those sites or resources.

APPLICABLE LAW

These Terms of Use, their subject matter and construction (and any non-contractual disputes or claims) are governed by the Laws of England and Wales and you agree to the non-exclusive jurisdiction of the courts of England and Wales.

We reserve the right to seek injunctive, or any other equitable relief, in any courts of competent jurisdiction should we, in our sole opinion, consider this to be necessary.

These Terms of Use were last modified and are made effective as of October 5, 2020.