Terms of Use

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

The materials on this website (the "Site") and other websites owned by Phoenix Technologies Ltd. ("Phoenix") that may be accessible through this Site (collectively, “Sites”) are provided by Phoenix as a service to its customers and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below. By accessing, using or downloading any materials or information from the Sites, you agree to these Terms of Use. If you are using the Sites on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer’s behalf. If you do not agree to these Terms of Use, do not use the Sites or download any materials from them.

1. USE OF MATERIALS ON THE SITES:

The information, software, documentation, data, services, logos, trademarks, artwork, text, video, audio, pictures and other materials (collectively, "Materials") contained on the Sites are owned by Phoenix and/or its suppliers and are protected by law, including copyright and trademark laws and international treaties. Phoenix and/or its suppliers reserve all rights in the Materials.

Nothing on the Sites shall be construed as conferring any license to Phoenix's or its suppliers' intellectual property rights, whether by implication, estoppel or otherwise. Except as provided below, or as specifically permitted in other sections of the Sites, you may not copy, reproduce, modify, republish, upload, post, transmit or distribute in any way any Materials on the Sites.

You may print one copy of, or download on a single computer, the Materials from the Sites for your own personal, informational, educational and other non-commercial and internal purposes only, provided that you include all copyright and proprietary notices originally included with or contained in the Materials in all copies you create. You may not attempt to "pass-off" any of the Materials as your own. You may not post the Materials on any other Web site, or display or distribute the Materials on the Sites without the express prior written consent of Phoenix.

You may not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the pages on the Sites or the content contained therein without Phoenix’s prior written permission. You may not spam or send unsolicited e-mail to any other user of the Sites for any reason. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Phoenix’s IT infrastructure.

This is a personal license, and under no circumstances shall this license be construed as a transfer of title to any Materials found on these Sites. The license granted by Phoenix herein is subject to the following additional restrictions and other restrictions set forth in these Terms of Use; you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law or specific written license; (c) remove any copyright or other proprietary notices from the Materials; or (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials. Phoenix may terminate this license at any time if you are in breach of the terms of this Agreement. Upon termination, you will immediately destroy the Materials.

2. USER SUBMISSIONS:

By emailing or otherwise transmitting any content, material, data, information or other communication (collectively, “Information”) to Phoenix, you automatically grant (or warrant that the owner of such rights has expressly granted) Phoenix a worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit, distribute, and make derivative works based on such Information in any form, medium, or technology now known or later developed, without liability to any person or entity. In addition, you warrant that all moral rights in the Information have been waived. Any such Information will be considered a voluntary submission to the public domain and shall be deemed non-confidential and non-proprietary Information, and Phoenix will have no obligations whatsoever, either express or implied, with respect to the Information. You are prohibited from posting or transmitting to or from the Sites any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material, information or data that could violate any civil or criminal laws. Phoenix will cooperate to the fullest extent possible to assist authorities in prosecuting those persons responsible for such postings.

3. PASSWORDS AND SECURITY:

If you are required to complete a registration process to enter a portion of any Site, you will provide us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Phoenix immediately of any unauthorized use of your account or any other breach of security. Phoenix will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Phoenix or another party due to someone else using your account or password. You may not use anyone else's account at any time, without Phoenix’s prior written permission.

4. PHOENIX TRADEMARKS:

Phoenix, Phoenix Technologies, the Phoenix Technologies logo, and the other trademarks listed on the trademark list set forth on www.phoenix.com (as may be updated from time to time) are trademarks and/or registered trademarks of Phoenix Technologies Ltd. All other trademarks are the property of their respective owners. Phoenix's trademarks may be used publicly with written permission only from Phoenix. Fair use of Phoenix's trademarks in advertising and promotion of Phoenix products requires proper written acknowledgement from Phoenix. Phoenix reserves the right to revise these Terms of Use at any time by updating this posting. Remember to visit this page from time to time to review any amendments to these Terms of Use and their effect on your use of the Sites and the Material contained therein. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Sites.

5. TERMINATION OF USE:

You agree that Phoenix may, in its sole discretion, at any time terminate your access to any of the Sites and any account(s) you may have in connection with the Sites. Access to the Sites may be monitored by Phoenix.

6. LINKS TO THIRD PARTY WEB SITES:

Links to third party Web sites on the Sites are provided as a convenience to you. Such third party sites are not under Phoenix’s control, and Phoenix does not assume any responsibility or liability for any communications, content or materials available at such linked sites. Phoenix reserves the right, at its sole discretion, to terminate any link or linking program at any time and for any reason it deems appropriate. In providing a link, Phoenix is not endorsing the companies or products to which it links, and shall have no responsibility for the actions or inaction of any such company, or the quality or design of any such product.If you decide to access any of the third party sites linked to any Site, you do this entirely at your own risk.

7. PRIVACY POLICY:

Phoenix is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at http://www.phoenix.com/en/Privacy+Policy/default.htm

8. NOTE ABOUT MINORS:

Minors are not eligible to use the Sites, and Phoenix asks that they do not submit any personal information to Phoenix. By using the Sites, you represent that you are at least 18 years old.

9. EXPORT RESTRICTIONS/LEGAL COMPLIANCE; INTERNATIONAL USE:

Services, content, and product derived or obtained from the Sites may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by U.S. or your local laws; (b) not use Materials or direct product from the Sites to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide services, content, or direct product from the Sites to prohibited countries and entities identified in the U.S. export regulations.

By choosing to access the Sites from any location other than the United States, you accept full responsibility for compliance with all applicable local laws. We make no representation that the Materials are appropriate or available for use in all locations outside of the United States. Information published at the Sites may refer to products, programs or services that are not available in your country. Consult your local Phoenix business contact for information regarding the products, programs and services that may be available to you.

10. DISCLAIMER OF WARRANTIES:

THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THE SITES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Phoenix's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on the Sites should be construed to alter such agreements. Phoenix and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links, products, services or prices, or other items contained or described within these Materials. Phoenix may make changes to these Materials, or to the products, services or prices described therein, at any time without notice. Phoenix makes no commitment to update the Materials and services. Where applicable law does not allow the exclusion of implied warranties, this exclusion applies to you to the fullest extent permitted by law.

11. LIMITATION OF LIABILITY:

IN NO EVENT WILL PHOENIX, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THE SITES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, ANY WEBSITES LINKED TO THE SITES, OR THE MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT PHOENIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR SERVICES FROM THE SITES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS OR EXCLUSIONS APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY LAW.

12. INDEMNIFICATION:

You agree to defend, indemnify and hold harmless Phoenix and its officers, directors, principals, employees, contractors, agents and affiliates harmless from and against any and all demands, claims, damages, losses, costs and expenses, including, without limitation, reasonable attorneys’ fees and costs of suit, arising or resulting from your use or misuse of the Sites or Materials.

13. GENERAL TERMS AND CONDITIONS:

13.1 These Terms of Use constitute the entire agreement between you and Phoenix relating to their subject matter, and cancel and supersede any prior versions of the Terms of Use. No modification of these Terms of Use will be binding, unless in writing and signed by an authorized Phoenix representative. You also may be subject to additional terms and conditions that may apply when you use Phoenix or third-party products or services.

13.2 California law and controlling U.S. federal law govern any action related to the Terms of Use, the Sites and/or your use of the Sites. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms of Use. The Uniform Computer Information Transactions Act, as adopted or amended from time to time, will not apply to any dispute under the Terms of Use. You and Phoenix agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, U.S.A.

13.3 Rights and obligations under the Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.

13.4 The Sites may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements may include statements regarding market expectations and opportunities, expectations about financials, research and development and strategies, statements concerning Phoenix's roadmaps, market share growth, and product and service development and introduction, and our continuous evaluation of the competitiveness of our product and service offerings. These forward-looking statements are just predictions and involve risks and uncertainties. Actual results may differ materially from results discussed in the forward-looking statements. Factors that may cause such a difference include risks related to adverse changes in general economic conditions, failure to reduce costs, lack of success in technical advancements, the timely development, production and acceptance of new products and services, and Phoenix's ability to compete in a highly competitive and rapidly changing marketplace. For a detailed listing of the potential factors affecting Phoenix's business and these forward-looking statements, please refer to Phoenix's periodic reports on Forms 10-Q and 10-K that are filed with the Securities and Exchange Commission.

13.5 Any express waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.

Updated: May 20, 2009

© 2009 Phoenix Technologies Ltd. All Rights Reserved.