These Terms of Use (these “Terms”) govern your access to and use of b5secure.com and the materials, documentation, and downloads B5 Secure makes available through it (collectively, the “Site”). The Site is operated by B5 SECURE LLC, a California limited liability company (“B5 Secure,” “we,” or “us”). The B5 Secure software itself is licensed under separate agreements (the Evaluation, Integration & Developer, and Production License agreements); these Terms govern the Site.

1.Acceptance

By accessing or using the Site, you agree to these Terms. If you use the Site on behalf of an entity, you represent that you are authorized to bind that entity, and “you” refers to that entity. If you do not agree, do not use the Site.

2.License to Use the Site

Subject to these Terms, B5 Secure grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your internal informational and evaluation purposes. Any use of the B5 Secure software, source packages, or developer materials is governed by the applicable license agreement; in the event of a conflict between these Terms and an executed license agreement as to the software, that license agreement controls.

3.Accounts and Credentials

Some features (such as trials, downloads, or developer access) may require an account or credentials. You are responsible for maintaining the confidentiality of your credentials and for all activity under them, and you agree to notify us promptly at security@b5secure.com of any unauthorized use.

4.Acceptable Use

You will not: (a) use the Site in violation of applicable law; (b) interfere with or disrupt the Site or attempt to gain unauthorized access to it; (c) scrape, harvest, or systematically extract data from the Site except as expressly permitted; (d) reverse engineer or attempt to derive the source of the Site (as distinct from any source package licensed to you under a separate agreement); or (e) misrepresent your identity or affiliation. Additional limits may be set out in the Acceptable Use Policy.

5.Intellectual Property

The Site and its content, design, text, graphics, and the B5 Secure™ and “Never Trust™. Verify Everything.™” marks are owned by Todd Yancey and B5 Secure and are protected by intellectual-property laws. Except for the limited license in Section 2, no rights are granted to you. Use of the B5 Secure marks is governed by the Trademark & Brand Policy.

6.Feedback

If you send us suggestions or feedback about the Site or our products, you grant B5 Secure a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or obligation.

7.Third-Party Links and Components

The Site may link to third-party sites or include third-party components provided under their own terms. We are not responsible for third-party content, and your use of it is at your own risk and subject to those third parties’ terms.

8.Privacy

Our handling of personal data in connection with the Site is described in the Privacy Policy, and our use of cookies in the Cookies Policy.

9.Disclaimers

THE SITE AND ALL MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. B5 SECURE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. Information on the Site is provided for general purposes and may be updated or changed at any time.

10.Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, B5 SECURE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. B5 SECURE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

11.Indemnification

You will indemnify and hold harmless B5 Secure and Todd Yancey from any claim, loss, or expense (including reasonable attorneys’ fees) arising from your misuse of the Site or your breach of these Terms.

12.Changes

We may modify these Terms or the Site at any time. Changes are effective when posted, and your continued use of the Site after a change constitutes acceptance. Material changes will be reflected by an updated version date.

13.Governing Law; General

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles, with exclusive venue in San Mateo County, California. These Terms are the entire agreement regarding the Site and supersede prior understandings on that subject. If any provision is unenforceable, the remainder remains in effect. You may not assign these Terms; we may assign them to a successor. Notices to B5 Secure: legal@b5secure.com; PO Box 1410, Menlo Park, CA 94026-1410.

Download PDF Print / Save These terms are accepted by your access to and use of the B5 Secure website and materials.