Terms of Use

The Terms of Use define the relationship between D-Level s.r.l. ("D-Level"), and you, a user of the D-Level website (also referred to as DLEVEL.COM), and the entity you represent (hereinafter collectively "you" or "your"). The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. Your use of this website is contingent upon your agreement to these Terms of Use. By you accessing and using this Site you are agreeing to these Terms of Use. You should visit this page periodically to review the current Terms of Use. If you do not agree with this Agreement, your sole recourse is not to use the Site.

Privacy and Protection of Personal Information

D-Level respects your desire for privacy. Please see the D-Level Privacy Policy for disclosures relating to the collection and use of your information. By using the website, you are consenting to the processing of your data by D-Level and consenting to the terms of our Privacy Policy.

Materials Available on this Site

For your convenience, D-Level makes available on this Site various tools, utilities, software, forums, documents and other materials for use and/or download without charge. All of these materials, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the Terms of Use. D-Level does not make any assurance with regard to the accuracy of the results or output that derives from use of this Site. You should not assume that the Materials on this web site are continuously updated or otherwise contain current information. Please respect the intellectual property rights of others when using the materials available on this Site.

General Use

Unless otherwise specified, and excepting third party materials, the materials on this website are for your personal and non-commercial use. D-Level grants you, the end user, a nonexclusive, nontransferable license to copy and use the material only for your internal purposes. You may not copy or use the materials for others, or mirror any portion of the Site on your Web site. COPYING OR REPRODUCTION OF THE MATERIALS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY AN END USER LICENSE AGREEMENT ACCOMPANYING SUCH MATERIAL. If the material is machine-readable software, then you may use the software only in machine-readable form and you agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the software, except as expressly permitted by the law in effect in the jurisdiction in which you are located.

Third Party Materials

For your convenience, D-Level makes available on this Site various tools, utilities, software, documents and other materials for use and/or download without charge (Freeware). D-Level does not make any assurances with regard to the accuracy of the results or output that derives from use of any Freeware. Please respect the intellectual property rights of others when using the Freeware made available on this Site. D-Level may add or remove Freeware from the Site at any time without notice.

No Support Provided -

D-Level endeavors to include useful Freeware on this Site. However, no support is provided for the Freeware and you copy and use it at your own risk.

Freeware Use License -

The Freeware is the copyrighted work of D-Level and/or other third parties. Use of the Freeware is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Freeware. You will be unable to install Freeware that is accompanied by or includes an end user license agreement, unless you first agree to its terms. If no end user license agreement accompanies or is included with the Freeware, then the following end user license terms apply:
D-Level grants you, the end user, a nonexclusive, nontransferable license to copy and use the Freeware only for your internal purposes. You may not copy or use the Freeware for others. COPYING OR REPRODUCTION OF THE FREEWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY AN END USER LICENSE AGREEMENT ACCOMPANYING SUCH FREEWARE. If the Freeware is machine-readable software, then you may use the software only in machine-readable form and you agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the software, except as expressly permitted by the law in effect in the jurisdiction in which you are located.

WARRANTY DISCLAIMER AND LIMITATION ON LIABILITY -

THE FREEWARE AND SITE CONTENT IS PROVIDED "AS IS" AND DLEVEL HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES AND CONDITIONS WITH REGARD TO THE FREEWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL DLEVEL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE FREEWARE OR DLEVEL'S FAILURE TO PROVIDE ANY SUPPORT OR SERVICES FOR THE FREEWARE.
DLEVEL DOES NOT WARRANT THAT THE SITE CONTENT OR FREEWARE WILL BE FREE FROM ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, MALICIOUS CODE OR OTHER DAMAGING ELEMENTS.

Export and Import Controls

You will not transfer, export, or reexport the Freeware, any related technology, or any direct product of either except in full compliance with the export controls administered by Italy and other countries and any applicable import and use restrictions. You hereby agree that you will not export or reexport such items to anyone on the.

Trademarks

The D-Level website and its content are protected by Italy and international copyright, trademark, and other laws. D-Level's company names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of D-Level or its subsidiaries. You may not use any D-Level company name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of D-Level. Request for authorization should be made to D-Level.

Ownership, Restrictions on Use

All materials contained in this Site, including software available for download, except third-party materials as referenced in Item 5 above, are the copyrighted property of D-Level. To reproduce, republish, upload, post, transmit, modify, distribute or publicly display material from this Site for commercial purposes, you must first obtain written permission from D-Level. Permission to use documents (such as white papers, press releases, datasheets, and FAQs) is granted, provided that:

(a) The copyright notice appears in all copies and that both the above copyright notice and this permission notice appear;
(b) You will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context;
(c) The use of such documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer nor broadcast in any media; and
(d) No modifications of any documents are made.

Accredited educational institutions, universities, private/public colleges, and state community colleges may download and reproduce documents from the D-Level website for distribution in the classroom. Except for fair use, distribution outside the classroom requires express written permission. Use of any D-Level software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software. An end user will be unable to install any software that is accompanied by or includes a license agreement, unless he or she first agrees to the license agreement terms. Any reproduction or redistribution of D-Level software not in accordance with the license agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Absent a license agreement that accompanies the software, use of the software will be governed by the Terms of Use.

The permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by D-Level.

Submission of Content

Unless otherwise specified, D-Level does not claim ownership of the materials you provide to D-Level (including, without limitation, information, freeware, ideas, concepts, techniques, feedback, data, questions, comments and suggestions, or the like) or post, upload, input or submit to the website or its associated services for review by D-Level, the general public, and/or by the members of any public or private community (each a "Submission" and collectively "Submissions"), and such Submissions shall be deemed not to be confidential. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting D-Level, its affiliated companies and necessary sublicensees a perpetual, royalty-free, irrevocable, worldwide license to use your Submission in connection with the operation of their businesses (including, without limitation, all D-Level products and services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submissions; to publish your name in connection with your Submission; develop, manufacture, and market products incorporating such ideas, concepts, or techniques, and the right to sublicense such rights to any supplier of the services and/or materials on the website.

No compensation will be paid with respect to the use of your Submission, as provided herein. D-Level is under no obligation to post or use any Submission you may provide and D-Level may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that

(a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the website,
(b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and
(c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.

By Posting Images, you are granting
(a) to all members of your private community (for each such Images available to members of such private community), and/or
(b) to the general public (for each such Images available anywhere on the website, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the services or materials on the website (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the services and/or materials on the website. No compensation will be paid with respect to the use of your Images.

You acknowledge that D-Level does not pre-screen Submissions, but that D-Level and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to disable, any Submissions that are available via the website. Without limiting the foregoing, D-Level and its designees may disable, restrict access to or the availability of, any Submissions that violate the Terms of Use or are otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions.

You understand that all Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Submissions originated. This means that you, and not D-Level, are entirely responsible for all Submissions that you upload, post, provide, input, submit, or otherwise transmit via the website. D-Level does not control the Submissions posted via the website and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using the website, you may be exposed to Submissions from others that are offensive, indecent or objectionable.

DLEVEL OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN DLEVEL'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO DLEVEL. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO DLEVEL OR ANYONE AT DLEVEL. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT DLEVEL MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

DO NOT SEND ANY SUBMISSIONS UNLESS YOU AGREE WITH THIS SECTION.

Communication Services

There are opportunities within the Site for you to actively participate. Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to this web site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to D-Level ("Feedback") will be deemed, at the time of communication to D-Level, the property of D-Level, and D-Level shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights. Although D-Level is not obligated to do so, it will have the right to review your communications on this web site to determine whether they comply with our Terms of Use.

The website may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services or the website, you will not:

D-Level has no obligation to monitor the Communication Services. However, D-Level reserves the right to review materials posted to the Communication Services and to remove and/or edit any materials in its sole discretion. D-Level reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

D-Level reserves the right at all times to disclose any information as D-Level deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in D-Level's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. D-Level does not control or endorse the content, messages or information found in any Communication Services and, therefore, D-Level specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized D-Level spokespersons, and their views do not necessarily reflect those of Internet Security Systems.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

Endorsements; Web Links

All products and service marks contained herein that are not D-Level marks are the trademarks of their respective owners. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply D-Level's endorsement, sponsorship or recommendation of the third party, information, product or service. D-Level has not tested and makes no representations concerning the information provided or made available on such sites nor the correctness, quality, performance, or acceptability of the products or services offered by any persons or entities referenced in any such sites. DLEVEL IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. DLEVEL IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT DLEVEL ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY SITES. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it. When you access a non-D-Level web site, you acknowledge that it is independent from D-Level, and that D-Level has no control over the content on that web site and does not endorse or accept any responsibility for the content, or the use, of such web site.

Advertisements and Promotions

D-Level may run advertisements and promotions from third parties on the website. The manner, mode and extent of advertising by D-Level is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than D-Level found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. D-Level is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-D-Level advertisers on the website.

No Support Provided

D-Level endeavors to include useful materials on this Site. However, no support will be provided for the materials you copy. You are using this Site at your own risk.

Export and Import Controls

You will not transfer, export, or re-export the materials, any related technology, or any direct product of either except in full compliance with the export controls administered by Italy and other countries and any applicable import and use restrictions.

Termination, Modifications, and Suspension

D-Level may discontinue, suspend, or modify the DLEVEL.COM website at any time without notice, and D-Level may block, terminate, or suspend your and any user's access to DLEVEL.COM at any time for any reason in its sole discretion, even if access continues to be allowed to others. D-Level's failure to act with respect to a breach by you or others does not waive D-Level's right to act with respect to subsequent or similar breaches. The failure of D-Level to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

Controlling Law

These Terms of Use and your agreement to them will be governed by Italy law. If any provision is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permissible. In the event a dispute arises out of or relating to these Terms or Use, or your use of or access to this site, any cause of action with respect to D-Level or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Udine, Italy.

International Availablitiy

This site is controlled and operated by D-Level from its offices in Italy. D-Level makes no representation that the materials available on this site are appropriate or available for use in other locations, and access to them from jurisdictions where the contents are illegal is prohibited. THE WEBSITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO DLEVEL PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT DLEVEL INTENDS TO MAKE AVAILABLE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY. CONSULT YOUR LOCAL DLEVEL BUSINESS CONTACT FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES WHICH MAY BE AVAILABLE TO YOU.

No Unlawful or Prohibited Use

As a condition of your use of this website, you will not use any products or services contained herein for any purpose that is unlawful or prohibited by these terms, conditions, and notices or by applicable law. You may not use this website or its contents in any manner that could damage, disable, overburden, or impair any D-Level server, or the networks connected to any D-Level server, or interfere with any other party's use and enjoyment of this website or any of its products and services. You may not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any D-Level server or to any of the services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this website.

Revisions of Terms of Use

D-Level may amend or modify these Terms of Use at any time without notice. Any use of the site by you after such update shall be deemed to constitute acceptance by you of such amendments or modifications. The most current version of the Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link. To make your review more convenient, we will post a version number or date at the bottom of this page. This Agreement may not be changed or modified without the written consent of D-Level. You should visit this page periodically to review the current Terms of Use.