Trademarks and Copyrights
Finjan, the Finjan logo, and other marks displayed on the Site are the proprietary service marks or trademarks of Finjan or other third parties. Finjan’s trademarks may not be used in connection with any product or service that is not Finjan’s without the express written consent of Finjan. All other trademarks not owned by Finjan that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, Finjan. You may not use, copy, modify, or display any of the trademarks, service marks, names, or logos appearing on the Site without the express written permission of the service mark or trademark owner.
All content on the Site, including, but not limited, to works of authorship, publications, documents, design, text, graphics, photos, logos, button icons, images, software, audio clips, digital downloads, and data compilations; any improvements or modifications to such content; any derivative works thereof; and the collection, arrangement, and assembly of all content on this Site are the property of Finjan or its licensors and are protected by United States and international copyright and other intellectual property laws.
Use of the Site
The Site may include information regarding Finjan and its business, products and services, as well as publications proprietary to Finjan, data compilations, and links to third-party Web sites. You may download, view, copy, and print information, materials, and any other aspect of the Site (i) solely for your personal informational purposes; and (ii) provided that neither the materials nor any proprietary notices, trademarks, service marks or disclaimers therein are modified or altered.
You agree not to upload on or transmit to or via the Site any information which (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, or other proprietary right; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene, or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan Horse, or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, or regulation.
You agree that you will not interfere, in any way, with others’ use of or access to the Site and will not attempt to gain unauthorized access to the account or computer system of any other Site user. You further agree not to take any other action in connection with your use of the Site which violates any treaty, law, or regulation and to fully comply with all applicable treaties, laws, and regulations in your use of the Site.
You agree to access the Site through a Web browser and specifically agree not to use any third-party applications to access the Site or any page of the Site. You further agree that you will not use any robot, spider, or other automatic device, manual process, or application or data mining or extraction tool to access, monitor, copy, or use the Site. You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Site or any portion thereof or any information or content on the Site without the prior written permission of Finjan. In addition, you agree to adhere to Finjan’s linking policy as follows: (i) any link to Finjan’s Site must be a text only link clearly marked www.finjan.com, (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Finjan’s names and trademarks, (iii) the link must “point” to the URL http://www.finjan.com and not to other pages within the Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Finjan, (v) when selected by a user, the link must display the Site on a full-screen and not within a “frame” on the linking site, and (vi) Finjan reserves the right to revoke its consent to the link at any time and in its sole discretion.
Unauthorized Use of the Site
You acknowledge you are fully responsible for all activities that occur through the use of any password, user ID, or other access methods (“Access Method”) you may be granted by Finjan, whether or not such use is authorized by you. You agree not to access or attempt to access any password-protected portions of the Site without an authorized Access Method or through any means other than by using your authorized Access Method on the appropriate Web page or Web tools.
Except where otherwise expressly provided by Finjan, all comments, feedback, or information submitted to Finjan through or in association with the Site (collectively, “Feedback”) shall be considered non-confidential and Finjan’s property. By submitting such Feedback to Finjan, you agree that you assign to Finjan, without charge, all worldwide rights, title, and interest, including copyrights and other intellectual property rights, in and to such Feedback. Finjan shall be free to use such Feedback in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation, or royalties to you.
Third Party Advertisements and Links to Third Party Sites
You acknowledge that, at any time, Finjan may provide links to the Web sites of financial exchanges or other third parties. Additionally, the Site may display advertisements from third parties, such as banner advertisements and pop-up texts, and links to the sites of such advertisers. Finjan is not responsible for the content of such advertisements or any links, or any products, services, or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply Finjan’s endorsement of the advertisement or linked site or any content therein. IN NO EVENT WILL FINJAN BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, OR ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Modification or Discontinuance of the Site by Finjan
At any time, without notice to you, and for any or no reason, Finjan may modify or discontinue the Site. Finjan shall in no way be held liable for any consequence which results from Finjan’s decision to modify or discontinue the Site.
Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND ANY PUBLICATIONS, ARTICLES, OR OTHER INFORMATION, CONTENT, SERVICES, AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE IS AT YOUR OWN RISK AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES, AND MATERIALS ARE PROVIDED BY FINJAN ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FINJAN MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY, OPERATION, AND USE OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES ON THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NEITHER THE SITE NOR ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES AVAILABLE VIA THE SITE CONSTITUTES OR IS INTENDED TO CONSTITUTE, OR SHOULD BE CONSTRUED AS AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY OR OTHER FINANCIAL INSTRUMENT OR INVESTMENT PRODUCT OR A RECOMMENDATION OR PROMOTION OF ANY TRADING OR INVESTMENT STRATEGY. FINJAN IS NOT UTILIZING THIS SITE TO PROVIDE INVESTMENT, TAX OR OTHER ADVICE, AND NO INFORMATION OR MATERIAL ON THIS SITE IS TO BE DEEMED A RECOMMENDATION TO BUY OR SELL ANY SECURITIES OR IS TO BE RELIED UPON FOR PURPOSES OF MAKING OR COMMUNICATING INVESTMENT OR OTHER DESCISIONS.
IN ADDITION, FINJAN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT, AND FINJAN IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. FINJAN UNDERTAKES NO OBLIGATION TO UPDATE ANY INFORMATION CONTAINED ON THIS SITE. FURTHER, FINJAN MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL FINJAN OR ITS AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES OF FINJAN OR ITS AFFILIATES (THE “FINJAN PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE, OR IMPROPER USE OF, THE SITE OR ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR REVENUE, OR FOR BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Cautionary Note Regarding Forward-Looking Statements
This Site includes “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. These statements include statements regarding our expectations, intentions, beliefs and projections about our future results, performance, prospects and opportunities. These statements can be identified by the fact that they do not relate strictly to historical or current facts or by the use of words such as “anticipate,” “believe,” “could,” “estimate,” “expect,” “intend,” “may,” “plan,” “project,” “potential,” “should,” “will,” “will be,” “would,” the negative of these terms and similar expressions, but this is not an exclusive way of identifying such statements. Readers are cautioned that forward-looking statements are not guarantees of future performance. Our actual results, performance and achievements may differ materially from those expressed in, or implied by, the forward-looking statements contained on this Site as a result of various risks, uncertainties and other factors. Important factors that could cause our actual results to differ materially from our expectations include, without limitation, our ability to execute our business plan, the outcome of pending or future enforcement actions, our ability to expand our technology portfolio, the enforceability of our patents, the continued use of our technology in the market, the development of a liquid trading market for our securities and other factors described in our filings with the Securities and Exchange Commission.
Except as expressly required under applicable laws, we do not undertake any obligation to update any forward-looking statements to reflect events or circumstances arising after any such date, whether as a result of new information or future events or otherwise. You should not place undue reliance on the forward-looking statements included on this Site or that may be made elsewhere from time to time by us, or on our behalf. All forward-looking statements attributable to us are expressly qualified by these cautionary statements.
Denial of Access
Finjan may prohibit you from using or accessing the Site for any or no reason, at any time, in its sole discretion, without notice to you.