Standard Terms of Trade
Standard EndaceProbe Support Terms
Standard DAG Support Terms
Standard Hardware Warranty
Software End User License Agreement (EULA)
OSm Open Source Licenses
DockOS Open Source Licenses
DAG Open Source Licenses
Splunk Connector Open Source Licenses
Cisco Firepower Connector Open Source Licenses
Cisco Stealthwatch Connector Open Source Licenses
IBM QRadar Connector Open Source Licenses
Fortinet FortiSIEM Connector Open Source Licenses

Standard Terms of Trade
Standard EndaceProbe Support Terms
Standard DAG Support Terms
Standard Hardware Warranty
Software End User License Agreement (EULA)
OSm Open Source Licenses
DockOS Open Source Licenses
DAG Open Source Licenses
Splunk Connector Open Source Licenses
Cisco Firepower Connector Open Source Licenses
Cisco Stealthwatch Connector Open Source Licenses
IBM QRadar Connector Open Source Licenses
Fortinet FortiSIEM Connector Open Source Licenses

Standard Terms of Trade
Standard EndaceProbe Support Terms
Standard DAG Support Terms
Standard Hardware Warranty
Software End User License Agreement (EULA)
OSm Open Source Licenses
DockOS Open Source Licenses
DAG Open Source Licenses
Splunk Connector Open Source Licenses
Cisco Firepower Connector Open Source Licenses
Cisco Stealthwatch Connector Open Source Licenses
IBM QRadar Connector Open Source Licenses
Fortinet FortiSIEM Connector Open Source Licenses

Standard Terms of Trade
Standard EndaceProbe Support Terms
Standard DAG Support Terms
Standard Hardware Warranty
Software End User License Agreement (EULA)
OSm Open Source Licenses
DockOS Open Source Licenses
DAG Open Source Licenses
Splunk Connector Open Source Licenses
Cisco Firepower Connector Open Source Licenses
Cisco Stealthwatch Connector Open Source Licenses
IBM QRadar Connector Open Source Licenses
Fortinet FortiSIEM Connector Open Source Licenses

Introduction

We aim to maintain the best level of privacy protection for all customers and suppliers regardless of where they are located in the world. This policy sets out how we will collect, use, disclose and protect your personal information when you access and use our websites (such as www.endace.com and blog.endace.com) to find out about or purchase products or services from us or have other dealings with us. It does not limit or exclude any of your rights under any specific privacy related legislation operating in your local geography.

Changes to this policy

We may change this policy by uploading a revised policy onto the website. The change will apply from the date that we upload the revised policy.

This policy was last updated on 10 March 2021.

Who do we collect your personal information from?

We collect personal information about you from:

• you, when you provide that personal information to us, including via the website and any related service, through employment, through any registration or subscription process, through any contact with us (e.g. telephone call or email), or when you buy or use our services and products
• third parties where you have authorized this or the information is publicly available
• Where possible, we will collect personal information from you directly.

When you visit or use our website or any related service, we may collect information about you:

• by recording clickstream data, which is non-personal information that is recorded when you click anywhere on a webpage and is used for the purposes of collecting, analysing and reporting data about how you use our website and related services; and
• through the use of cookies, web beacons and similar storage technologies. Please refer to our Cookie policy for further information, including information on how you can disable these technologies.

The provision of some personal information is optional. However, if you do not provide us with certain personal information, you may be unable to enjoy the full functionality of our website or related services.

What personal information do we collect

When you visit the website, or use our services we collect the following information:

• when you ask to receive information about us or our products or services, including signing up to our newsletter or other emails, your email address and any other contact information you provide to us
• when you login to your account, your name and email address
• information contained in your correspondence with us, for example, when you send us an email, submit an enquiry through our websites, engage with us at tradeshows or conferences or meet with us
• if you participate in customer feedback surveys, information contained in your survey responses
• if you purchase products or services through the website, your purchase history, your credit card and other information you submit to us for billing purposes and other information relating to transactions made through the website
• any other information required to provide useful information to you on our websites or provide our products or services
• as noted above, clickstream data, including your IP address, geographical location, browser type, etc.
• if you purchase products or services via the Endace Support Portal, we use Stripe to process credit card transactions. We do not have access to your credit card information. You can view Stripe's privacy policy at https://stripe.com/nz/privacy

We may use your personal information:

• to verify your identity
• to provide our websites and our products and services to you
• to market our products and services to you, including contacting you electronically (e.g. by email for this purpose). You can stop receiving all or some of our marketing emails by following the unsubscribe instructions included in those emails
• to improve the products and services that we provide to you
• to undertake credit checks of you (if necessary)
• to bill you and to collect money that you owe us
• to respond to communications from you, including inquiries and complaints
• to conduct research and statistical analysis (on an anonymized basis)
• to make automated decisions for marketing and to tailor content or advertisements to your interests
• enforce our legal rights and interests, including defending any claim
• for any other purpose authorized by you or by applicable privacy law
• to respond to lawful requests by public authorities, including to meet law enforcement requirements

We may transfer your information in the case of a sale, merger, consolidation, liquidation, reorganization or acquisition.

Disclosing your personal information

We may disclose your personal information to:

• another company within our group
• any business that supports us in providing our product or service
• a credit reference agency for the purpose of credit checking
• other third parties (for anonymised statistical information)
• a person who can require us to supply your personal information (e.g. a regulatory authority)
• any other person authorised by applicable privacy legislation or other applicable law (e.g. a law enforcement agency)
• professional advisers e.g. accountants, lawyers, auditors
• any other person authorised by you
• another company in the case of a sale, merger, consolidation, liquidation, reorganisation or acquisition.

We share information about your use of the website with our trusted social media, advertising and analytics partners through the use of cookies, web beacons and similar storage technologies. Please refer to the Cookies Policy for further information.

Transfers of Personal Information

Some of the personal data we collect is processed in New Zealand (where our operations are located). New Zealand is recognised by the European Commission as a country that ensures an adequate level of data protection and we rely on this decision in transferring personal data to New Zealand. Other businesses that support our services and products may hold and process your information in other jurisdictions or the personal data we collect through our website and/or the provision of services may be transferred to, and stored in, other countries.

We use third party data processors in other countries, including Japan, Australia and the United States. Where personal data is transferred it will only be transferred to countries or specified sectors within a country that have been identified as providing adequate protection aligned to EEA data standards (e.g. organisations in the United States under the EU-U.S. Privacy Shield framework), or to a third party where we have approved transfer mechanisms in place to protect your personal data (e.g. by entering into the European Commission's Standard Contractual Clauses). For further information, please contact us using the details set out in this policy.

Protecting your Personal Information

We will take reasonable steps to keep your personal information safe from loss, unauthorised activity, or other misuse. We implement appropriate technical and organisational measures to ensure a level of security appropriate to risks inherent in processing personal information.

You can play an important role in keeping your personal information secure by maintaining the confidentiality of any passwords and accounts used in relation to our products and services. Please do not disclose your password to third parties. Please notify us immediately if there is any unauthorised use of your account or any other breach of security.

Your Rights

Your rights in relation to your personal data include:

• right of access - if you ask us, we will confirm whether we are processing your personal data and provide you with a copy of that personal data.
• right to rectification - if the personal data we hold about you is inaccurate or incomplete, you have the right to have it rectified or completed. We will take every reasonable step to ensure personal data which is inaccurate is rectified. If we have shared your personal data with any third parties, we will tell them about the rectification where possible.
• right to erasure - we delete your personal data when it is no longer needed for the purposes for which you provided it. You may request that we delete your personal data and we will do so if deletion does not contravene any applicable laws. If we have shared your personal data with any third parties, we will take reasonable steps to inform those third parties to delete such personal data.
• right to withdraw consent - if the basis of our processing of your personal data is consent, you can withdraw that consent at any time.
• right to restrict processing - you may request that we restrict or block the processing of your personal data in certain circumstances. If we have shared your personal data with third parties, we will tell them about this request where possible.
• right to object to processing - you may request that we stop processing your personal data at any time and we will do so to the extent required by the GDPR.
• rights related to autonomous decision making, including profiling – you have a right to not be subject to a decision based solely on automated processing including processing, which produces legal effects concerning you or similarly significantly affects you, except where such automated decision making is necessary for entering into, or the performance of, a contract with you, is authorised by applicable laws or is based on your explicit consent.
• right to data portability - you may obtain your personal data from us that you have consented to give us or that is necessary to perform a contract with you. We will provide this personal data in a commonly used, machine-readable and interoperable format to enable data portability to another data controller. Where technically feasible, and at your request, we will transmit your personal data directly to another data controller.
• the right to complain to a supervisory authority - you can report any concerns you have about our privacy practices to the relevant data protection supervisory authority.

Where personal data is processed for the purposes of direct marketing, you have the right to object to such processing, including profiling related to direct marketing.

Subject to certain grounds for refusal set out in privacy or other applicable law, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information. Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates. In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.

If you would like to exercise any of your above rights, please contact us at legal@endace.com. Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information, or the correction, that you are requesting).

If you are not satisfied by the way your query is dealt with by our data protection officer, you may refer your query to your local data protection supervisory authority e.g. in the United Kingdom, this is the Information Commissioner's Office.

Processing Personal Data

The personal data we may process and the purposes for processing this personal information is outlined below.

We conduct automated decision-making, including profiling to help us better understand your interests in our products and services and to provide you with information that more closely aligns to your interests and needs. The legal basis for our processing is that processing is necessary for the purposes of our legitimate interests (except where such interests are overridden by your fundamental rights and freedoms which require protection of personal data).

You do not have to provide us with your name, email address, phone number and position or information about your health to access and use the Endace websites. However, you must provide us with your name, email address, phone number and position when using some of our services such as requesting download of white papers, webinar attendance, support services and Endace Portals. The consequence of not providing your name, email address, phone number and position is that we will not be able to provide all of our services to you.

Despite the above, we may process any of your personal data where such processing is necessary for compliance with applicable laws.

If you are a member of our team we may process special categories of personal data. This data may include racial or ethnic origins or data concerning health. The source of this data is directly from you. This data may be processed for required statistical reporting, or keeping you safe and healthy at work. The legal basis for this processing is carrying out our obligations and exercising our or your rights in the field of employment, social security and social protection.

Internet Use

While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk. If you post your personal information on our customer portals, for example, you acknowledge and agree that the information you post is available to members of our user community.

If you follow a link on our website to another site, the owner of that site will have its own privacy policy relating to your personal information. We suggest you review that site's privacy policy before you provide personal information.

Cookies

Our website may use cookies. Cookies are small files which are stored on a user's computer. They are designed to hold a modest amount of data specific to a particular client and website, and can be accessed either by the web server or the client computer. These cookies are used to monitor your use of our websites so we can improve your experience of those websites.

Detailed information about our use of cookies is available in our Cookie Policy (below on this page). You can manage your cookie settings and see a list of the cookies used by Endace sites on the Cookie Preferences page.

Data Retention Policy

Personal data that we collect and process will not be kept longer than necessary for the purposes for which it is collected, or for the duration required for compliance with applicable law, whichever is longer.

General Data Protection Regulation (GDPR)

The General Data Protection Regulation (GDPR) regulates the collection, processing and transfer of EU individuals' personal data (as defined in the GDPR).

The personal information described in our privacy policy includes personal data as specified under the GDPR and we apply the same high standards across the world and our privacy policy reflects our commitment to the privacy and our global approach when dealing with personal data related to our website visitors, service users and team.

For the purposes of GDPR we are the data controller (as defined in the GDPR) when processing personal data collected by us through the website and/or when you use our services.

Contacting Us

The name of our Data Protection Officer is Sasha Blair. If you have any questions about this privacy policy, our privacy practices, or if you would like to request access to, or correction of, your personal information, you can contact us at legal@endace.com.

Introduction

Our websites use cookies. Cookies are small files which are stored on a user's computer. They are designed to hold a modest amount of data specific to a particular client and website, and can be accessed either by the web server or the client computer. These cookies are used to monitor your use of our websites so we can improve your experience of those websites.

We may use cookies as follows:

• to collect information on where you have been on our website, including what pages you landed on, viewed and what links you have followed
• to analyse use of the website, assist with navigation and improve functionality
• to measure the effectiveness of our advertising and to assist with our promotion and marketing efforts
• In the course of using Google Analytics

We use a combination of session (which last for the duration of your browser session) and permanent cookies (which are written to your machine. A full list of the cookies we use is available below so you can decide which cookies you are happy to accept and which you do not want to accept.

You can set your cookie preferences when you are on our websites and once you opt in you can opt out at any time by withdrawing consent in the cookie settings management box on the website (which is accessible from Cookie Settings link in the website footer).

Google Cookies

We use a number of Google cookies to track aggregated statistics about what pages people visit on our websites, where they came from and where they leave our sites.

We also use some Google cookies to allow us to provide relevant advertising to you on other sites. For a list of Google cookies, and what they are for see the detailed list below. Here is an overview of Google cookies.

Information about Google's cookies is available from: https://www.google.com.au/policies/technologies/types/.

Google's privacy policy relating to its cookies is available at https://www.google.com/policies/privacy/partners/.

If you would like to customise or opt out of these settings please visit: https://tools.google.com/dlpage/gaoptout.

Advertising-related Cookies

Our advertising partners, including Google, may present advertising relevant to your interests generated from data relating to your access and use of our websites or our services.

For example, Google places cookies on your browser to collect information about your past use of our website and then allows us to place ads relating to our products and services on sites across the internet. If you would like to customise or opt out of behavioural advertising, you can elect not to receive these Marketing cookies (see list below).

You can learn more about interest-based advertising and opt out of interest-based advertising from participating online advertising companies at the following links:

Network Advertising Initiative (NAI) – http://optout.networkadvertising.org

Digital Advertising Alliance (DAA) – http://optout.aboutads.info

Digital Advertising Alliance EU (EDAA) – http://www.youronlinechoices.com

DAA AppChoices page – http://www.aboutads.info/appchoices

Please note that opting out of interest-based advertising does not mean you will no longer be served advertising. You will continue to receive generic ads.

Controlling and Deleting Cookies

Controlling what cookies are placed on your computer as a result of visiting Endace websites, can be done from the Cookie Preferences page. That page also has a list of the cookies that may be placed on your machine when you visit Endace websites.

You can also manually delete any cookies that are already on your computer and you can set most browsers to prevent them from being placed.

If you do this, however, you may have to manually adjust some preferences every time you visit our website and attempt use our services, you may not be able to access certain parts of our website or services, and some functions - such as Livechat - may not work. You can find out more information about how to change your browser cookie settings at http://www.aboutcookies.org.uk.

Introduction

As a leader in network visibility and network recording, Endace is committed to complying with export control laws and regulations globally. We work closely with our partners to prevent the transfer of products, goods, hardware, software or materials (collectively, products) and technology to prohibited countries or end-users.

All Endace employees, resellers, distributors and channel partners (collectively, partners) are required to comply with this policy. Endace may also require its resellers, distributors, channel partners and/or end-users to sign Endace’s export compliance certificate at any time and/or in connection with any proposed transaction.

Our commitment

Endace is committed to preventing illegal export and re-export of its products and technology, and to adhering to global export control laws and regulations. In addition to this export compliance policy, Endace’s export compliance programme includes:

• dedicated resources to manage export control awareness and compliance in the business
• the incorporation of export control compliance requirements into all aspects of our business procedures
• training staff on export control requirements
• the Office of Foreign Assets Control (OFAC) sanctions (see https://www.treasury.gov/resource-center/sanctions/Pages/default.aspx);
• the Export Administration Regulations (EAR) (see http://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear); and
• the International Traffic in Arms Regulations (ITAR) (see https://www.pmddtc.state.gov/regulations_laws?id=ddtc_public_portal_itar_landing)

Because of the fundamental importance of complying with all applicable export control laws, Endace employees or partners who violate export control laws or this policy will be subject to appropriate disciplinary action.

Endace encourages its employees and partners to report any actions that may be in violation of applicable law or any of Endace’s policies.

Endace does not retaliate against individuals for asking questions, raising concerns about compliance issues, or reporting possible misconduct. Sound export control practices underscore Endace’s commitment to ethical business behaviour and compliance with applicable laws and regulations.

Export control basics

Many countries and intergovernmental organizations, including the United States, the United Kingdom, the European Union and the United Nations, have implemented export control laws that are designed to protect national security interests, prevent terrorism, and stem the proliferation of weapons of mass destruction. In general, these laws determine what can be exported, to whom it can be exported, for what use it can be exported and whether prior approval from the host-country government (in the form of an export license) is required before the export or re-export takes place.

Export includes more than just physical shipments. Export includes electronic transmission, for example email, of software or technology, and transfer or release of technology to foreign nationals within a country. No sale is required for an export to occur.

Sanctions under law can be broad and geographically focused, or targeted on specific individuals, entities or end-uses.

Laws that govern the export and re-export of Endace products and technology include:

• the Office of Foreign Assets Control (OFAC) sanctions (see https://www.treasury.gov/resource-center/sanctions/Pages/default.aspx);
• the Export Administration Regulations (EAR) (see http://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear); and
• the International Traffic in Arms Regulations (ITAR) (see https://www.pmddtc.state.gov/ddtc_public?id=ddtc_public_portal_itar_landing

Export control considerations

Whether or not an Endace product can be sold to a particular purchaser requires consideration of a variety of factors, including the destination, the end-use, the end-user and any risk of diversion. Endace personnel, resellers, distributors and channel partners must satisfy themselves as to the following:

• Where is the product or technology going?
• Who will receive or have access to the product or technology?
• What is the intended end-use for the product or technology?
• Are there any red flags otherwise indicating a risk of diversion to a prohibited country, person or end-use?

Prohibited countries

We take several different sources into account in our assessment of which countries to put on our export blacklist. The countries currently on Endace’s export blacklist are:

Afghanistan Belarus Burundi Central African Republic Cuba Congo Eritrea Haiti Iran Iraq Lebanon

Libya Myanmar (Burma) North Korea Pakistan Somalia Sudan Syria Ukraine Venezuela Yemen Zimbabwe

No Endace products will be exported or re-exported to any of the prohibited countries listed above or where we, or our employees or partners, suspect that the ultimate destination is a prohibited country.

Restricted persons/entities

Governments also maintain various lists of certain restricted persons and entities throughout the world with whom export and re-export are generally prohibited. Restricted parties/entities include those listed in the lists available at the following links (note these are updated often so it is important to check the relevant website regularly):

• State Department non-proliferation list: https://www.state.gov/documents/organization/273924.pdf
• OFAC specially designated nationals and blocked parties list: https://www.treasury.gov/ofac/downloads/sdnlist.pdf
• OFAC foreign sanctions evaders list: https://www.treasury.gov/ofac/downloads/fse/fselist.pdf
• OFAC sectoral sanctions identification list: https://www.treasury.gov/ofac/downloads/ssi/ssilist.pdf
• nuclear devices and components of such devices
• missiles
• chemical and biological weapons
• technology relating to maritime nuclear propulsion plants
• exploration or production for deepwater Arctic offshore or shale projects that have the potential to produce oil or gas in the Russian Federation.

No Endace products or technology will be exported or re-exported to any restricted parties or where we, or our employees or partners, suspect that the ultimate recipient is a restricted party.

Prohibited end-uses

Endace products and technology may not be used, directly or indirectly, for prohibited end uses. This includes, but is not limited to, the design, development, manufacture, construction, operation, production, use or other activities related to the following:

• nuclear devices and components of such devices
• missiles
• chemical and biological weapons
• technology relating to maritime nuclear propulsion plants
• exploration or production for deepwater Arctic offshore or shale projects that have the potential to produce oil or gas in the Russian Federation.

No Endace products will be exported or re-exported where we, or our partners, suspect that our products, software or technology may be intended for use in any prohibited end-uses.

Export control compliance procedures

Endace employees and partners must undertake comprehensive due diligence and screening of customers and end-users, and potential customers and end-users, of Endaces products and technology. Endace employees and partners must follow the following procedure to determine compliance with export control requirements.

Step 1: Classification of products and technology

• All Endace products and technology must have an Export Control Classification Number (ECCN)

Step 2: Screening for prohibited countries/restricted parties or end-uses

• Endace employees and partners must conduct due diligence of the potential customer and end-users and any intermediary parties
• Any suspicious outcomes will be directed to Endace’s export compliance department at [insert email address] and the order must be immediately placed on hold

Step 3: Check for any additional red flags prior to shipment

• Endace employees and partners must check for any red flags (examples below) at the time the order is received and also again prior to shipment
• No shipments will occur unless and until any red flags are investigated and cleared

Step 4: Record keeping

• Endace employees and partners must ensure records concerning export and re-export transactions are kept for the minimum amount of time required by law.
• Endace also maintains and updates its approved customer, end-user and prohibited country lists on a regular basis
• the buyer’s or end user’s name or address is similar to that of one of the parties found on a restricted parties list
• when questioned, the buyer is evasive or unclear about whether the product is for domestic use, for export, or for reexport
• the technical capability or end-use is incompatible with the nature of the end-user’s business
• the buyer is unfamiliar with the product's performance characteristics but still wants the product
• routine installation, training, or maintenance services are declined
• delivery dates are vague, or deliveries are planned for out of the way destinations
• a freight forwarding firm is listed as the product's final destination
• the shipping route is abnormal for the product and destination
• packaging is inconsistent with the stated method of shipment or destination.
• the buyer’s or end user’s website appears suspicious
• the end-user has little to no business background
• the buyer wants to pay cash for a very expensive item which would usually be purchased on credit

Red flags

Endace employees and partners must be alert for any abnormal circumstances in a transaction that indicate that the export may be destined for an inappropriate end-use, end-user, or destination (red flags). Red flags includes:

Any transaction involving Endace products that raises red flags must be placed on hold immediately. Questions regarding the legitimacy of any transaction should be referred to legal@endace.com.

Contact

If you have any questions in relation to this policy, please contact us at legal@endace.com.

The materials on this Web site are provided by Endace Limited (and/or its subsidiaries, together referred to as "Endace") as a service to its customers and may be used for informational purposes only. By viewing the pages of this website, you acknowledge that you have read and accepted these disclaimers.

Single copies may be downloaded subject to the provisions below. By downloading any materials from this site, you agree to these terms.

The information provided in this site is based on information supplied by Endace (unless otherwise specified), and is intended only as an introduction and guide to Endace and its range of available products and services.

While every endeavour has been made to supply accurate information, errors and omissions may occur. Accordingly, Endace does not accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on this site.

Changes or updates to the content of this site may occur without notice. No content on this site, shall add to or change any contract for products or services you may have with Endace.

Terms of Use

By using this Endace website (the Website) you will be deemed to agree to the following terms of use (the Terms). Endace Limited and its subsidiaries (the Endace Group) reserve the right to change the Terms at any time. Any changes to the Terms will be available on the Website and by continuing to use the Website after any changes you will be deemed to agree to those changes.

Ownership of Materials

Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Endace's prior written permission. Except as expressly provided herein, Endace and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

Intellectual Property

The Website is owned and operated by the Endace Group. The trademarks, copyright and other intellectual property rights in the materials in the Website are owned by the Endace Group.

No material on the Website may be reproduced, republished, uploaded, posted, transmitted, stored (including in any other website or other electronic form) or distributed in any way, without the prior written consent of the Endace Group, except that you may take one copy (print or download) of extracts from the Website for your own personal or domestic use, provided you keep all accompanying copyright and other proprietary notices intact. Modification of any of the materials or use of the materials for any other purpose will be in violation of the Endace Group's copyright and other intellectual proprietary rights.

Performance Testing

Performance tests and ratings are measured using specific computer systems and/or components and reflect the approximate performance of Endace products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance. Buyers should consult other sources of information to evaluate the performance of systems or components they are considering purchasing.

Links

The sites linked to this site are not under the control of Endace.

Endace is not responsible for, and makes no representations, warranties or conditions concerning, the contents of any linked site or any link contained in a linked site. Endace provides links to you only as a convenience, and the inclusion of any link does not imply endorsement, investigation or verification by Endace of the linked site.

In accordance with Internet protocol, we require that you request the permission of Endace to link to this site. If you would like to link to the site please contact us.

Disclaimer and limitation of liability

The material contained on the Website is provided "as is". Whilst the Endace Group uses its reasonable efforts to ensure that the material on the Website is up to date and accurate, the Endace Group does not warrant or make any representations as to the accuracy, completeness or reliability of such materials in this Website.

To the fullest extent permitted by law, the Endace Group will not be liable for any damage (direct, incidental, special, consequential, indirect or punitive) that may result from your use of the materials on the Website. You agree that if the Endace Group is held responsible for any damage or loss, the Endace Group's total liability to you for all damages, losses and costs under whatever causes of action (whether in contract, tort or otherwise) will not exceed the amount paid by you, if any, for accessing the Website.

Law

These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the Courts of New Zealand.

Other

These Terms represent the entire agreement between the parties and shall not be modified except by an agreement in writing signed by Endace Limited.

Contact

If you have any questions or complaints in relation to the Website or the Terms please contact us at legal@endace.com

1. Application of Terms

1.1. These Terms apply to your use of the Client or Partner Portals. When you log in to the Portal:

a) you agree to these Terms; and

b) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

1.2. If you do not agree to these Terms, you are not authorised to access and use the Portal, and you must immediately stop doing so.

2. Changes

2.1. We may change these Terms at any time by updating them on the Portal. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Portal, you agree to be bound by the changed Terms.

2.2. We may change, suspend, discontinue, or restrict access to, the Portal without notice or liability.

2.3. These Terms were last updated on 1 August 2018.

3. Definitions

In these Terms:

Including and similar words do not imply any limit

Confidential Information means these Terms and any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, these Terms. Our Confidential Information includes the Intellectual Property owned by us (or our licensors) and any information made available through the Portal

Intellectual Property Rights includes copyright and all worldwide rights conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property

Supply, Licence, Support or Services Agreement means any agreement between you and us in writing under which we supply our products to you, licence you to use our software, provide maintenance and/or support services to you and/or provide other services to you

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

Personal information means information about an identifiable, natural living person

Terms means these terms and conditions titled Portal Terms of Use

Underlying System means any network, system, software, data or material that underlies or is connected to the Portal

User ID means a unique name and/or password allocated to you to allow you to access the Portal

We, us or our means Endace Limited and its affiliates.

Portal means support.endace.com or partner.endace.com

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting

4. Your Obligations

4.1. You must provide true, current and complete information when setting up an account to access the Portal, and must promptly update that information as required so that the information remains true, current and complete.

4.2. You must keep your User ID secure and:

a) not permit any other person to use your User ID, including not disclosing or providing it to any other person; and

b) immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to support@endace.com.

4.3. You must:

a) use the Portal in accordance with these Terms solely for:

i) your own internal business purposes; and

ii) lawful purposes; and

b) not make the Portal available to any third party other than your employees.

4.4. When accessing the Portal, you and your employees must:

a) not impersonate another person or misrepresent authorisation to act on behalf of others;

b) correctly identify the sender of all electronic transmissions;

c) not attempt to undermine the security or integrity of the Portal or the Underlying Systems;

d) not use, or misuse, the Portal in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Portal, including not using or introducing anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Portal or any Underlying System;

e) not attempt to view, access or copy any material or data other than that to which you are authorised to access; and

f) not use the Portal in a manner that breaches any third party right (including Intellectual Property Rights and privacy rights) or is objectionable, incorrect or misleading.

4.5. A breach of these Terms by your employees is deemed to be a breach of these Terms by you.

4.6. You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Portal by using your User ID.

5. Intellectual Property

5.1. Except as expressly agreed in any Supply, Licence, Support or Services Agreement, title to, and all Intellectual Property Rights in, the Portal (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel) and all Underlying Systems is and remains our property (or the property or our licensors). You must not dispute that ownership.

5.2. If you provide us with ideas, comments or suggestions relating to the Portal or Underlying Systems (together feedback):

a) all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by the Supplier; and

b) we may use or disclose the feedback for any purpose.

5.3. YOU ACKNOWLEDGE THAT THE PORTAL MAY LINK TO THIRD PARTY WEBSITES OR FEEDS THAT ARE CONNECTED OR RELEVANT TO THE PORTAL. ANY LINK FROM THE PORTAL DOES NOT IMPLY ANY ENDORSEMENT, APPROVAL OR RECOMMENDATION BY US, OR RESPONSIBILITY OF OURS, THOSE WEBSITES OR FEEDS OR THEIR CONTENT OR OPERATORS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL RESPONSIBILITY OR LIABILITY FOR THOSE WEBSITES OR FEEDS.

6. Disclaimers

6.1. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

a) the Portal being unavailable (in whole or in part) or performing slowly;

b) any error in, or omission from, any information made available through the Portal;

c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Portal. To avoid doubt, you are responsible for ensuring the process by which you access and use the Portal protects you from this; and

d) any site linked from the Portal. Any link on the Portal to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

6.2. We make no representation or warranty that the Portal is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Portal is not illegal or prohibited, and for your own compliance with applicable local laws.

7. Confidentiality

7.1. Each party must, unless it has the prior written consent of the other party:

a) keep confidential at all times the Confidential Information of the other party;

b) effect and maintain adequate security measures to safeguard the other party’s Confidential Information from unauthorised access or use; and

c) disclose the other party’s Confidential Information to its personnel or professional advisors in the course of legitimate business interests and, in that case, ensure that any personnel or professional advisor to whom it discloses the other party’s Confidential Information is aware of, and complies with, the provisions of clauses 7.1a and 7.1b.

7.2. The obligation of confidentiality in clause 7.1a does not apply to any disclosure or use of Confidential Information:

a) for the purpose of performing our agreements with you including but not limited to any Supply, Licence, Support or Services Agreement, exercising a party’s rights under any such agreement or as otherwise permitted under any such agreement;

b) required by law (including under the rules of any stock exchange);

c) which is publicly available through no fault of the recipient of the Confidential Information or its personnel;

d) which was rightfully received by a party from a third party without restriction and without breach of any obligation of confidentiality.

8. Liability

8.1. To the maximum extent permitted by law:

a) you access and use the Portal at your own risk; and

b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Portal, or your access and use of (or inability to access or use) the Portal. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

8.2. You agree and represent that you are accessing and using the Portal, and entering these Terms for the purpose of a business and that the Consumer Guarantees Act 1993 does not apply to the Portal or these Terms.

8.3. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD $ 100.

8.4. To the maximum extent permitted by law and only to the extent clauses 8.1 and 8.3 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Portal, or your access and use of (or inability to access or use) the Portal, must not exceed NZD $ 100.

9. Privacy Policy

9.1. Please review our Privacy Policy before signing up to the Endace Portal. You must agree to and accept this policy before gaining access to the Endace Portal.

10. Suspension and Termination

10.1. Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Portal (or any part of it).

10.2. On suspension or termination, you must immediately cease using the Portal and must not attempt to gain further access.

11. General

11.1. If we need to contact you, we may do so by email or by posting a notice on the Portal. You agree that this satisfies all legal requirements in relation to written communications.

11.2. These Terms, and any dispute relating to these Terms or the Portal, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Portal.

11.3. For us to waive a right under these Terms, the waiver must be in writing.

11.4. Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.6, 5, 6, 7, 10.1, continue in force.

11.5. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

11.6. These Terms set out everything agreed by the parties relating to your use of the Portal and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Portal that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.