Last Revised: August 9, 2018
Indegy Ltd. (“Indegy“, “we“, “our“, “Company”) welcomes you (the “User(s)”, or “you”) to our website at https://www.indegy.com/ (the “Site”). Our Site offers basic information on our company and technology as well as the possibility to request a demo, as further described below. Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder. It is hereby clarified that all references to the “Site” in these Terms shall include without limitation, the Content and Materials (all as defined herein).
1. Acceptance of the Terms
2. Indegy and the Site
Indegy is in the field of industrial cyber security. Indegy is developing advanced industrial cyber security monitoring and security technologies to provide visibility, protection and operational continuity for industrial cyber security/process networks. The Site provides you with comprehensive information and resources about Indegy’s products, systems, services and technology and any other content related thereto (including contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, and related graphics and other features (collectively, the “Content”). In addition, the Site allows Users to subscribe for our newsletters to receive information about Indegy’s updates and developments and to request a demo of Indegy’s products, services and technology.
3. Use Restrictions
There are certain conducts which are strictly prohibited on the Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result (at Indegy’s sole discretion) in the termination of your access to the Site and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf: (i) copy, scrape, modify, create derivative works of, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content at this Site, in any way or publicly display, perform, or distribute the Content, without the Indegy’s prior written consent;; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Indegy’s prior written consent; (iii) create a browser or border environment around Indegy’s Content, link, including in-line linking, to elements on the Site, such as images, posters and videos, and/or frame or mirror any part of the Site, unless as expressly permitted hereunder; (iv) transmit, distribute, display or otherwise make available through or in connection with the Site any content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content;(V) interfere with or violate any other Site visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of this Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (vi) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vii) transmit or otherwise make available in connection with this Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (viii) interfere with or disrupt the operation of this Site, or the servers or networks that host this Site or make this Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (ix) use this Site or the Content for any illegal, immoral or unauthorized purpose.
Indegy is granting you with a limited, personal, not exclusive, non-transferable, non-sub-licensable, fully and immediately revocable at Indegy’s discretion, license, to use the Site and any part thereof made available for download, and downloaded by you from the Site (the “Materials”), all subject to the terms and conditions in thee Terms. These Terms do not entitle you with any right in the Site or any part thereof, rather than a limited right to use it in accordance herewith.
You hereby agree that upon Indegy’s request you will immediately return all Materials, purge your systems from any Materials and ensure that no copies, extracts or other reproductions are retained by you.
In the event that you provide Indegy with any suggestions, comments or other feedback relating to Site (including any part thereof) and/or Indegy products and/or services (collectively, “Feedback”), such Feedback is deemed as the sole and exclusive property of Indegy and you hereby irrevocably assign to Indegy all of its rights, title and interest in and to all Feedback, if any, and waives any moral rights to it (or anyone on its behalf) may have in such Feedback. Without derogating from the foregoing, you hereby represent and warrant that you shall not provide any Feedback which is subject to any third-party rights or any limitations, and, without derogating from the foregoing, shall promptly inform Indegy as soon as it becomes aware of any third party right or limitation which may apply to Feedback already provided.
7. Intellectual Property Rights
The Site, the Content and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Site), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property“), are owned and/or licensed to Indegy and subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions.
“Indegy” and all logos and other proprietary identifiers used by Indegy in connection with the Site, (the “Indegy’s Trademarks”) are all trademarks and/or trade names of Indegy, whether or not registered. All other trademarks, Site marks, trade names and logos which may appear on or with respect to the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to Indegy’s Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Indegy’s Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Indegy or its licensors, including copyright mark [©] or trademark [™] contained in or accompanying the Content included on the Site, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Indegy’s marks and logos, whether registered or not. No right, license or interest in any of Indegy’s logos, trademarks, trade names or brands is granted to you by your entering the Site.
8. Third Party Components
The Site may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Site is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Site and Indegy disclaims all liability related thereto. You acknowledge that Indegy is not the author, owner or licensor of any Third Party Components, and that Indegy makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Site or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.
The Site’s availability and functionality depends on various factors, such as communication networks, software, hardware, and Indegy’s Site providers and contractors.. Indegy does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be error-free.
10. Changes to The Site
Indegy reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content available through this Site may be changed, modified, edited or extended in terms of content and form or removed at any time without any notice to you. You agree that Indegy shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included in this Site.
11. Disclaimer and Warranties
INDEGY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON THE SITE (OR ANY PART THEREOF).
INDEGY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IT WAS CAUSED CONSEQUENTLY OR IN CONNECTION WITH THE USE OF THE SITE, WHETHER OR NOT INDEGYHAD INFORMED THE USER OF SUCH POSSIBLE DAMAGE.
THE SITE, (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. INDEGY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE SITE,( NAD ANY PART THEROF) .
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE (AND ANY PART THEREOF), IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
12. Limitation of Liability
IN NO EVENT SHALL INDEGY, AND/OR ANY OF INDEGY’S AFFILIATES AND/OR SUBSIDIARIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SITE, OR THE USE OR INABILITY TO USE THE SITE, , FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED,THE CONTENT, LOSS OF GOODWILL, DATA OR PROFITS, THE PERFORMANCE OR FAILURE OF INDEGY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF INDEGY BY ANY OTHER CAUSE WHATSOEVER;, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY SITES.
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH STATES.
SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR INDEGY’S SITE TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF INDEGY’SAND/OR ANY INDEGY’S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL INDEGY’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID BY YOU TO INDEGY FOR USE OF THE SITE. IF YOU HAVE NOT MADE ANY PAYMENTS TO INDEGY FOR THE USE OF THE SITE, THEN INDEGY SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
14. Amendments to the Terms
Indegy may change the Terms from time to time, at its sole discretion and without any notice. We will notify regarding substantial changes of these Terms on the homepage of the Site and/or we will send you an e-mail regarding such changes to the e-mail address that you may have provided to Indegy. Such substantial changes will take effect seven (7) days after such notice was provided on our Site or sent via email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to this Site or use of this Site will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the District of Tel Aviv, Israel. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Indegy’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and Indegy relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Indegy. Notices to you may be made via email or regular mail. This Site may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17. For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an email to the following address and Indegy will make an effort to reply within a reasonable time frame: firstname.lastname@example.org.