Legal
Arctera makes information and products available on this web site, subject to the following terms and conditions. By accessing this site, you agree to be bound by these terms and conditions. Arctera reserves the right to change these terms and conditions, and the products, services, prices, and programs mentioned in this site at any time, at its sole discretion, without notice. Arctera reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.
The information on this web site is protected by copyright. Except as specifically permitted, no portion of this web site may be distributed or reproduced by any means, or in any form, without Arctera's prior written permission. For more information about obtaining permission, please click here.
© 2024. All rights reserved.
Arctera, the Arctera Logo, Backup Exec, Enterprise Vault, InfoScale, and others are trademarks or registered trademarks of Arctera or its affiliates in the US and other countries. Other names may be trademarks of their respective owners. For a partial listing of frequently used Arctera trademarks, please click here.
The software and accompanying documentation available to download from this site are the copyrighted work of Arctera. Use of the software is governed by the terms of the end user license agreement, which accompanies such software. If no license accompanies the download, the terms of the license which accompanied the original product being updated will govern. You will not be able to use, download or install any software unless you agree to the terms of such end user license agreement.
Except as otherwise indicated on this site, you may view, print, copy or distribute documents on this site subject to the following terms and conditions:
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND ARCTERA, ALL INFORMATION AND SOFTWARE ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
ARCTERA ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.
IN NO EVENT SHALL ARCTERA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION) WHETHER OR NOT ARCTERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, ARCTERA MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.
This website can be accessed from countries around the world and may contain references to Arctera services, programs or products that have not been announced in your country. These references do not imply that Arctera intends to announce such services, programs or products in your country.
With the exception of credit card numbers for the purchase of products and services, Arctera does not want to receive confidential or proprietary information through its web site.
Any information sent to Arctera, with the exception of credit card numbers, will be deemed NOT CONFIDENTIAL. You grant Arctera an unrestricted, irrevocable license to display, use, modify, perform, reproduce, transmit and distribute any information you send Arctera, for any and all commercial and non-commercial purposes.
You also agree that Arctera is free to use any ideas, concepts or techniques that you send Arctera for any purpose including, but not limited to, developing, manufacturing and marketing products that incorporate such ideas, concepts or techniques.
Arctera may, but is not obligated to, review or monitor areas on its site where users may transmit or post communications, including bulletin boards, chat rooms, blogs and user forums. Arctera is not responsible for the accuracy of any information, data, opinions, advice or statements transmitted or posted on bulletin boards, chat rooms, blogs and user forums.
You are prohibited from posting or transmitting to or from this web site any libelous, obscene, defamatory, pornographic or other materials that would violate any laws. However, if such communications do occur, Arctera will have no liability related to the content of any such communications.
Please refer to Ask Arctera Terms and Conditions for further information on Arctera's policies regarding the use of public forums and the submission of information through Arctera's web site.
Arctera permits anyone to link to Arctera's web site subject to the linker's compliance with the following terms and conditions:
A site that links to Arctera's web site:
The Arctera site provides links to third-party websites which are not under the control of Arctera. Arctera makes no representations about third-party websites. When you access a non-Arctera website, you do so at your own risk. Arctera is not responsible for the reliability of any data, opinions, advice or statements made on third-party sites. Arctera provides these links merely as a convenience. The inclusion of such links does not imply that Arctera endorses, recommends or accepts any responsibility for the content of such sites.
The Arctera website contains mention of third-party products and services for information purposes only. Arctera makes no recommendations or endorsements about third-party products and services. References to third-party services and products are provided by Arctera "as is", without warranty of any kind, either express or implied.
You agree that all matters relating to your access to, or use of, this web site shall be governed by the laws of the state of California. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Clara County in California and the United States District Court for the Northern District of California, with respect to such matters. Any purchases made through any of Arctera’s online stores will be governed by the End User License/Services Agreement and Terms of Sale applicable to that purchase.
Arctera makes no representation that information on this web site are appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this site do so on their own initiative and are responsible for compliance with all applicable laws.
Arctera Products (Software, Hardware and Technology) and Services (collectively, “Arctera Solutions”) are subject to U.S. (including, but not limited to, the U.S. Department of Commerce Export Administration Regulations (“EAR”) and the U.S. Office of Foreign Assets Control (“OFAC”) regulations), European Union, Singapore and other government export controls and sanctions regimes, and to the import regulations of applicable jurisdictions. Diversion contrary to U.S. or other applicable law of Arctera Solutions is prohibited. You agree to comply with all such applicable export controls and economic sanctions laws and regulations.
You are prohibited from exporting or re-exporting Arctera Solutions: (i) to any embargoed or sanctioned country or region, including Cuba, Iran, North Korea, Syria, Russia, Belarus, the Crimea Region of Ukraine and the Donetsk and Luhansk Oblasts of Ukraine; (ii) to any party listed on the U.S. Commerce and Treasury Departments lists (e.g. Denied Persons List, Specially Designated Nationals) or other such lists published by the U.S., the European Union and applicable jurisdictions; (iii) to any country to which such export or re-export is restricted or prohibited, or to which an export license or other governmental approval is required, without first obtaining such licence or approval; (iv) to any military entity or to any other entity for any military purpose, nor for use in connection with chemical, biological or nuclear weapons or missiles capable of delivering such weapons, without first obtaining any required export licence or other governmental approval; or (v) otherwise in violation of any export or import restrictions, laws or regulations of U.S. or other applicable jurisdictions.
For physical products, you shall serve as Importer of Record for customs purposes in applicable jurisdictions and, in certain cases, Exporter of Record. You shall be responsible for paying all customs duties, import fees and other applicable charges upon importation of Arctera Solutions.
By downloading, purchasing or using any Arctera Products from this site, you acknowledge that you have read and understood this notice and agree to comply with all applicable export and import control laws and regulations.You further represent that you are not under the control of, located in, or a resident or national of any prohibited country, and are not a prohibited person or entity.This notice is not intended to be a comprehensive summary of the export and import laws and regulations that govern Arctera Products.You are responsible to consult with a legal advisor to ensure compliance with applicable laws and regulations.
More information can be found at: https://www.arctera.io/trade-compliance
All Arctera products and publications are commercial in nature. The software, publications and software documentation available on this web site are "Commercial Items", as that term is defined in 48 C.F.R.§2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are defined in 48 C.F.R. §252.227-7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, Arctera's publications, commercial computer software, and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation, and the terms and conditions herein.