WHO WE ARE: file.net is owned and operated by Neuber Software. The firm, founded in 1993, is a provider of IT security solutions, and advises agencies, firms and universities on security issues. The company has received numerous distinctions within the industry, such as the INNOVATION PRIZE-IT awarded by the Initative Mittelstand (SME Initiative), under the auspices of the Federal Commissioner for Information Technology and IBM. Neuber Software, a member of the German Union of IT SMEs (BITMi) and, since 1998, of the Association of Software Professionals, also develops educational software for the blind and visually impaired and supports a number of charitable undertakings.
NO AFFILIATION WITH FILENET: We and our operation of www.file.net have no affiliation with FileNet Corporation, a subsidiary of IBM. Nothing on www.file.net shall be construed to represent the views or positions of FileNet Corporation and we expressly disclaim any such affiliation.
FOR EDUCATIONAL PURPOSES ONLY: We offer any content through www.file.net merely for educational purposes and make no warrant or representation that such content is to replace a diagnosis or solution offered after a thorough evaluation of your computer, software, and hardware. Thus we shall bear no liability for any action taken based on any such content that results in damage to such software or hardware or any other loss of data suffered by you.
GENERAL RESTRICTIONS ON USE:
We grant you a limited license to access and make personal use of www.file.net, but not to modify it (or any portion thereof) except through our express written consent. This license does not permit any resale or commercial use of www.file.net or its contents, or any use of data mining, robots, or similar data gathering and extraction tools.
You agree not to use any device, software or other instrumentality to interfere with the proper operation of www.file.net. You will not take any action that imposes a disproportionately large load on file.net’s infrastructure.
Our www.file.net website or any portion thereof may not be reproduced, duplicated, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. You may not use any techniques to hide our logo or any of our other proprietary information.
Any unauthorized use will terminate the permission or license that we have granted. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to www.file.net so long as the link does not portray us, our associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
You may repost any content (or derivatives thereof) from www.file.net on other third party websites only on the condition that you conspicuously post a referral link to www.file.net and indicate that such content was sourced from said link.
To be eligible to browse and use www.file.net, you must be at least 13 years of age.
RESTRICTIONS ON USER-GENERATED CONTENT:
You may have the opportunity to post comments on www.file.net without our approval. You agree that you shall not post any comment that: (i) advocates for the commission of any illegal activity; (ii) advocates or professes violence or intolerance toward any specific individual, organization, or belief; (iii) is misleading or inaccurate information that was posted with the intent of misleading other users; (iv) may be deemed obscene (at the sole discretion of our moderators); (v) may create a liability for us or our partners, or may cause us or our partners to lose (in whole or in part) the services of any ISPs or suppliers; or (vi) infringes upon the intellectual property or any other right of any third party.
We do not tolerate spam on www.file.net and reserve the right to remove any commercially-related posts and ban any user making such posts. Any post that is made to advertise any third-party service without our express consent shall be considered “spam.”
You shall not: (i) impersonate any person or entity; (ii) harass any other users of www.file.net; or (iii) state or imply that any posted comment is endorsed by us.
You grant to us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the posted comment and that the comment is accurate.
By submitting a comment to www.file.net, you acknowledge that this Agreement applies to your comment and that we may use it.
THIRD PARTY LINKS: There are links on the Application that lead to third party websites, including those of advertisers. WE ARE NOT RESPONSIBLE FOR THE PRIVACY POLICIES OR COOKIES THAT THOSE WEBSITES USE. IN ADDITION, BECAUSE WE HAVE NO CONTROL OVER SUCH WEBSITES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL WEBSITES, AND THAT WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, USE OF INTELLECTUAL PROPERTY, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH WEBSITES.
AFFILIATE DISCLOSURE: Some of the links on file.net are affiliate links. This means if you click on the link and purchase the software/service, we will receive an affiliate's commission. In any case, we only recommend products or services that we believe will add value to our readers. We are disclosing this in accordance with the Federal Trade Commission 16 CFR, Part 255 (Guides Concerning the Use of Endorsements and Testimonials in Advertising)
THIRD PARTY INTELLECTUAL PROPERTY: While we offer our expertise with regard to Windows and Windows-related products, we make no representation or claim to intellectual property rights to (including, and not limited to) “Windows,” “Microsoft,” or any logos pertaining thereto. All trademarks displayed on www.file.net are the property of their respective owners.
INTELLECTUAL PROPERTY: Our website may contain trademarks, patents, copyrighted materials or other proprietary rights belonging to any company. No license to or right in any such trademarks, patents, copyrighted materials and other proprietary rights of any company is granted to you. To notify us of any copyright-infringing content, please contact us at firstname.lastname@example.org.
LIMITED LIABILITY: UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THIS SITE, ANY SERVICE OFFERED BY US, ANY USE OF THE INFORMATION PROVIDED VIA THIS SITE, ANY USE OF THE FREEWARE PROVIDED VIA THIS SITE, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) ANY PARTY’S USE OR INABILITY TO USE THE SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM ANY PARTY; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, OR THE SERVICE; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THUS, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES: THIS SITE AND ANY SOFTWARE AVAILABLE THROUGH THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE AND ANY SERVICE OFFERED BY US IS AT THE YOUR SOLE RISK. WE MAKE NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (B) THAT THE SITE WILL MEET YOUR REQUIREMENTS; (C) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE SITE WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US RELATING TO YOUR USE OF OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
INDEMNIFICATION: You agree to indemnify, hold harmless and defend us from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (i) this Agreement and/or any breach or threatened breach by you; (ii) your use of www.file.net or any service offered by us; (iii) any unacceptable, unlawful, or objectionable use of www.file.net or any service; or (iv) any negligent or willful misconduct by you; or (v) violation of any third party’s rights (including intellectual property rights).
NOTICE TO USERS IN CALIFORNIA: Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
MODIFICATION: We have the right at any time to modify this Agreement. Should we choose to modify this Agreement, we will display such changes, which will be your only notification. Any use of www.file.net after such notification shall constitute your acceptance of the modified terms. No modification to this Agreement made by you shall be binding upon us.
ERRORS AND OMISSIONS: We shall not assume responsibility or liability for any technical inaccuracies, typographical errors or omissions, and shall have no obligation to honor any order affected by such inaccuracies.
VENUE: This Agreement and the interpretation of the terms herein shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to the principles of conflict of laws. You irrevocably submit to the exclusive jurisdiction of the courts located in Halle (Saale) in the German state of Saxony-Anhalt.
SEVERABILITY: If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.