2. Use of Materials Available on this Site. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Digital Sandbox content obtained from the Site, in whole or in part without the express written authorization of Digital Sandbox.
3. Linking. Unless otherwise set forth in a written agreement between you and Digital Sandbox, you must adhere to Digital Sandbox’s linking policy as follows: (i) any link to the Site must be a text only link clearly marked “www.dsbox.com,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Digital Sandbox’s names and trademarks, (iii) the link must “point” to the URL http://www.dsbox.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, , endorsed by, or associated with Digital Sandbox, (v) when selected by a user, the link must display the Site on a full-screen and not within a “frame” on the linking Web site, and (vi) Digital Sandbox reserves the right to revoke its consent to the link at any time and in its sole discretion.
4. Disclaimer. DIGITAL SANDBOX MAKES NO WARRANTIES OR COMMITMENTS CONCERNING THE AVAILABILITY OF FUTURE PRODUCTS OR VERSIONS THAT MAY BE PLANNED OR UNDER DEVELOPMENT. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DIGITAL SANDBOX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIGITAL SANDBOX MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. DIGITAL SANDBOX WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. DIGITAL SANDBOX RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE. DIGITAL SANDBOX ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. DIGITAL SANDBOX MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE. HOWEVER, IF YOU DEEM CONTENT TO BE INACCURATE, DEFAMATORY, INFRINGING OR PROBLEMATIC, PLEASE SEND AN E-MAIL WITH THE URL AND THE COPY OF THE INACCURATE, DEFAMATORY, INFRINGING OR PROBLEMATIC CONTENT TO WEBMASTER@DSBOX.COM.
5. Limitation of Liability. IN NO EVENT WILL DIGITAL SANDBOX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) DELAYS OR BUSINESS INTERRUPTIONS, (3) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITE OR INFORMATION PROVIDED ON THE SITE, WHETHER OR NOT DIGITAL SANDBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Indemnity. You agree to defend, indemnify and hold harmless Digital Sandbox, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site.
7. Applicable Laws. All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the Commonwealth of Virginia, USA. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Fairfax County, Virginia, USA.
8. Patent Information. One or more of the following patents may apply to the product sold on the Site: U.S. Patent Nos. 7,308,388, 7,231,327, 7,130,779. Other patent applications may be pending.
9. Trademark and Copyright Infringement. Digital Sandbox, Risk Analysis Center, RAC Mobile Monitor, RAC Mobile Indicator, and RAC Mobile Threat Monitor are all registered trademarks or trademarks of Digital Sandbox. All other company and product names may be trademarks of the respective companies with which they are associated. All logos, graphics, and images from the Site may not be copied, retransmitted, or reproduced without the express written consent of Digital Sandbox.