Morphisec Information Security 2014 Ltd. (“Morphisec“) developed and operates the website Morphisec.com and the support portal at support.morphisec.com/portal (collectively, the “Site“).

  1. Acceptance of Terms

These terms (these “Terms“) set forth the legally binding terms for using the Site and/or the information, writings, images and/or other materials that you see, hear, receive or otherwise experience on the Site (collectively, the “Content“). Please read the terms and conditions of these Terms carefully before using the Site and/or the Content. Please be aware that any use of the Site and/or the Content constitutes acknowledgment and acceptance of the terms and conditions of these Terms, and your agreement to be bound thereby. If you do not agree to these Terms, please do not use the Site and/or the Content. 

These Terms should be read together with Morphisec Website Privacy Policy (the “Privacy Policy“), and together they constitute the entire agreement between you and Morphisec with respect to any matter relating to the Site and any Content.

  1. Modifications of Terms

Morphisec reserves the right to modify these Terms from time to time. Such modification shall be effective ten (10) days following the posting of the revised Terms on the Website, and your continued use of the Website thereafter means that you accept those changes. If you do not agree to the revised terms, please refrain from using the Site and/or the Content. The last date these Terms were revised is set forth below.

  1. Eligibility to Use the Site and/or the Content

By using the Site and/or the Content, you represent that (i) your use of the Site and/or the Content is solely for your internal, personal and non-commercial purposes, and in order to learn about Morphisec products and services, and (ii) your use of the Site and/or the Content does not (and will not) violate any applicable law or regulation and is (and will be) in strict compliance with these Terms. If Morphisec is informed or has reason to believe that you are not eligible or that you become ineligible to use the Site and/or the Content, your use may be terminated or suspended without notice, at Morphisec sole discretion.

  1. Changes of the Site and/or the Content

Morphisec reserves the right to change the site and/or suspend, discontinue, delete, modify, or remove any Content or products and services offered via the Site, at any time without prior notice, at its sole discretion.

  1. Limited Right to Use the Site and/or the Content

You are granted with a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to access and use the Site and the Content strictly in accordance with these Terms and any applicable law, and solely for internal, personal, non-commercial purposes.

  1. Prohibited Use of the Site and/or the Content

By accessing and using the Site, you agree that you will not, and will not permit any third party, in any way, to:

– Use the Site and/or the Content in violation of these Terms and/or any applicable law or regulation;

– Use the Site and/or the Content for commercial use or otherwise in connection with any commercial activity;

– Copy, reproduce, modify, aggregate, create a derivative work from, reverse engineer or reverse assemble the Site and/or the Content, or otherwise attempt to discover any source code, or allow any third party to do so;

– Sell, rent, lease, loan, transfer, assign, sublicense, distribute, publish, transmit, upload, post, commercially exploit, grant a security interest in or otherwise dispose, or make available to a third party, in any way, the Site and/or the Content and any rights therein;

– Use or launch any automated system, including without limitation, any “robots”, “spiders”, or “offline readers”, that accesses the Site in a manner that sends more request messages to the Morphisec servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;

– Use or launch any data mining or any similar data gathering and extraction tools, in connection with the Site and/or the Content (including by using software, scripts or automated agents and bots);

– Use the Site and/or the Content in any manner that damages, disables, overburdens, or impairs the Site, the Content or Morphisec systems or servers, and/or otherwise interferes with any other party’s use and enjoyment of the Site and/or the Content;

– Mirror or frame the Site and/or the Content or any part of it on any other website or web page;

– Attempt to gain unauthorized access to the Site and/or the Content;

– Access the Site and/or the Content by any means other than through the interface that is provided by Morphisec for use in accessing the Site; or

– Use the Site and/or the Content for any purpose or in any manner that is unlawful or prohibited by these Terms.

Morphisec reserves the right to terminate or suspend your use of the Site, without prior notice and at its sole discretion, if it is informed or has reason to believe that you are not using the Site in strict compliance with these Terms, including without limitation with sections 5 and 6 above.

  1. Registration on the Site

Certain functionalities on the Site require having an active client account and/or registering to a special account in order to be able to enjoy these functionalities. Morphisec reserves the right to decide which functionalities require registration or will require registration in the future. The registration process will require you to create a username and password (“Credentials”), and may require you to provide information regarding (but not limited to) your first and last name, your e-mail address at work, your phone number, the name of your workplace, the country and size of such workplace (how many employees are employed in such workplace), your role and function at such workplace and/or other information. By performing the registration, you represent and warrant that all registration information you submit is accurate and truthful and that you agree to update and maintain the accuracy of such information. Morphisec reserves the right to terminate the registration/account or to refuse for any or all use the Site of a registered user, if registration information submitted by such user seems or proves to be false, inaccurate or incomplete. In addition, you are responsible for safeguarding any such Credentials and for any actions taken using your Credentials. The Credentials are personal to each user and should not be shared with any other user. Registration of more than one account per individual is not permitted, and automatic generation of multiplied accounts by individuals or organizations is restricted and may lead to legal action. Morphisec will, in accordance with its Privacy Policy, keep the information submitted by you confidential.

  1. Content Available for Download to Registered Users

Among the functionalities made available on the Site to registered users as aforesaid, Morphisec may make available to its registered users certain Content for download. Such Content is made available to registered users solely for internal, personal, non-commercial purposes, and for use strictly in accordance with these Terms and any applicable law. Morphisec does not guarantee or warrant that Content available for download through the Site will be free of infection by viruses or other harmful code, components, files or programs.

  1. Third Party Linked Websites, Information or Content

Links on the Site to third party websites, information or content are provided solely as a convenience to you. Any such third party websites, information or content linked to on the Site, are generated by people over whom Morphisec exercises no control. Morphisec is not responsible for the content, accuracy or opinions expressed on such third party websites, information or content, and such third party websites, information or content are not investigated, monitored or checked by Morphisec for accuracy or completeness. The display or inclusion of such links on the Site do not constitute or imply an endorsement, sponsorship, or recommendation by Morphisec of the third party, the third-party website, or the information or content in such website or webpage. Morphisec is not responsible for the availability of any such third party websites, information or content. Morphisec is not responsible or liable for any such third party websites and/or any information or content in such website or webpage. If you use any of these links and access such third party websites, information or content, you will leave the Site, and for that point, you will be subject to the terms of use and privacy policy applicable to such third party websites.

  1. Proprietary Rights

Morphisec owns all right, title and interest, including without limitation all patents, copyrights, trade secrets, trademarks, and other intellectual property and proprietary rights, in and to the Site and the Content (or any part thereof), including any improvements, updates, upgrades, corrections of errors or other modifications thereof, and any work products thereof. Except as specifically stated hereunder, you are granted with no right in the Site, the Content and/or the intellectual property associated or related thereto and nothing should be inferred as granting to you such rights.

The trademarks, logos and service marks displayed on the Services are Morphisec’s exclusive property or the property of other third parties. You are not permitted to use these trademarks, logos and service marks without prior written consent from exclusive or such other third party.

  1. Disclaimers of Warranties and Liabilities

THE SITE AND THE CONTENT ARE PROVIDED BY MORPHISEC ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. MORPHISEC DOES NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION, BUGS OR ERROR FREE. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES IN CONNECTION WITH THE SITE AND/OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, AS WELL AS ANY WARRANTIES REGARDING SECURITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND/OR THE CONTENT, ARE ALL EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT DEROGATING FROM THE GENERALITY OF THE PRECEDING, MORPHISEC DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF ANY CONTENT (AS DEFINED ABOVE), INFORMATION OR MATERIAL DISPLAYED IN THE SITE OR LINKED TO THE SITE. MORPHISEC DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY CONTENT, INFORMATION OR MATERIAL IN OR THROUGH THE SITE.

NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MORPHISEC (OR ANYONE ON ITS BEHALF) IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY IF NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THESE TERMS.

  1. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MORPHISEC SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE OR CONTENT, OTHER THAN FOR LIABITLIY ARRISING FROM MOPRHISEC’S FRAUD OR WILLFUL MISCONDUCT.

  1. Indemnification

You agree to indemnify, defend and hold harmless Morphisec, its parent companies, subsidiaries, affiliated companies, officers, directors employees and agents from and against all liability, claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorney’s fees and costs of litigation), resulting from or arising out of your breach of these Terms and/or your use of the Site or the Content, or any violation by you of any rights of a third party.

  1. Feedback

In connection with the using the Site and/or the Content, you may provide Morphisec with information regarding your experience while using the using the Site and/or the Content. Any and all information that you voluntarily choose to provide Morphisec as feedback shall be used solely for the purpose of reviewing the feedback and improving the Site and/or the Content and/or Morphisec products and services. All ideas, inventions and/or improvements (whether patentable or not) conceived or derived or result, directly or indirectly, from any feedback (written or oral) that you provide to Morphisec, shall be owned exclusively by Morphisec, and you shall not have any right in connection therewith.

  1. General Provisions

These Terms (including the Privacy Policy) constitute the entire legal agreement between you and Morphisec and govern your use of the Site and/or the Content and replace any prior agreement of understanding between you and Morphisec in relation to the use of the Site and/or the Content. Any waiver of any provision of these Terms will be effective only if in writing and signed by the waiving party.

To avoid doubt, these Terms and the Privacy Policy apply solely to the general use of the Site and the Content displayed on it, and do not apply to the use or access by you, or the provision by Morphisec, of any Morphisec products, software or services (inclusive if such may be accessed or procured through the Site). Such Morphisec products, software and services are subject solely to the applicable Morphsiec terms governing such applicable products, software and services.

These Terms (including the Privacy Policy) shall be treated as though it was executed and performed in the State of Israel, and shall be governed by and construed in accordance with the laws of the State of Israel (without regard to conflict of law principles). Any dispute arising out of or related to these Terms will be brought solely in the courts of Tel Aviv, Israel, provided that any claim that you may have in connection with these Terms must first, and before taking any other legal action, be submitted to Morphisec in the form of a complaint (to: legal@morphisec.com), to enable the parties to resolve the claim in a friendly and effective manner. Notwithstanding the foregoing, Morphisec may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

Morphisec shall be entitled, at its sole discretion, to assign these Terms or any rights hereunder to any third party, without giving prior notice. In any event of assignment as aforesaid, all the provisions of these Terms shall apply, mutatis mutandis.