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Terms of Use

Application and Acceptance of Terms

These Terms of Use are terms of a legal agreement between you and Quest Software Inc. ("Quest") and govern your use of and access to Quest’s websites and online information, including any Quest Community Sites, as defined later in these Terms of Use. By accessing, browsing and/or using this site (or any website or online property owned or controlled by Quest, including sites that may use a non-Quest brand or mark), or any online property or related link(s) (collectively, the "Site"), you acknowledge that you have read, understood and agreed to be bound by these Terms of Use and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these Terms of Use, do not use the Site.

The Site is controlled and operated by Quest or its subsidiaries or affiliates from its offices within the United States. Quest makes no representation that materials in the Site are appropriate or available for use in other locations, and access to any Site from a location where access to its contents may be illegal is prohibited. You are responsible for compliance with any local laws that may affect your actions in gaining access to the Site.

Areas of the Site may have different terms of use posted. If there is a conflict between these Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

Terms of Purchase and Sale

These Terms of Use govern your access to and use of the Site. Additional terms and conditions may apply to your purchase and/or use of Quest products or services and to certain provisions or pages of the Site as noted therein. For any software that you download or use from the Site, if additional terms and conditions do not accompany the software that you download or use, then the terms and conditions set forth in the applicable agreement located at https://quest.com/legal/license-agreements.aspx will apply. In the event there is a conflict between these Terms of Use and the terms and conditions provided in the applicable agreement for any product or service offered through the Site, the terms of such other agreement shall govern. You acknowledge and agree that your rights and responsibilities relating to any purchase of products from the Site will be governed by the terms and conditions of Quest or such additional terms as are described in this paragraph, as appropriate.

License and Use Restrictions

Except as otherwise provided on the Site, all right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belong to Quest or another party that has licensed their material to Quest. Except as expressly provided above, nothing on the Site shall be construed as conferring any license or right under copyright, trademark or other intellectual property rights. Subject to these Terms of Use, Quest grants to you a limited, nonexclusive right to access and make personal use of the Site and the materials and information contained on the Site. Except as stated herein, none of the material or information on the Site may be modified, altered, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Quest or the copyright owner. You may not use the Site or any of the material or information contained on the Site for any unlawful purpose or any purpose prohibited by these Terms of Use, nor may you use the Site to solicit any illegal activity or any activity that may infringe upon the rights of others. You also may not, without Quest's permission, "mirror" any material contained on the Site on any other server. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Subject to these Terms of Use, you may copy, distribute and download the materials on the Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials.

Proprietary Rights and License to Use

All materials on the Site, including, without limitation, names, logos, trademarks, graphics, photographs, illustrations, and software and other elements making up the Site, including any video material produced or provided on the Site by Quest (the “Quest Videos”), (collectively, “Content”) are protected by copyrights, trademarks or other intellectual property rights owned and controlled by us or by other parties that have otherwise provided their material to us. You may not delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or utilize the Sites or any part of the Content for any purpose other than its intended one is strictly prohibited.

You may display, perform, redistribute and otherwise exploit the videos on the Site under a worldwide, royalty-free, revocable and non-exclusive license from Quest ("User License"), provided you comply with the following restrictions:

  • You may not alter or edit the Quest Videos in any way, or combine the Quest Videos with other materials, without the prior written permission of Quest. To request permission, please contact: webmaster@quest.com.
  • You must include any copyright notices, disclaimer of warranties, tags and other disclosures and identifiers required by Quest.
  • You may not use the Quest Videos on any website or in any other medium, or in connection with any activity, that is sexually explicit, violent, derogatory, profane, defamatory; promotes alcohol, illegal drugs, tobacco, weapons, unsafe activities or a political message; promotes any non-Quest brand or product; infringes on the rights of any third party; or violates any law.
  • You may not offer for sale, assign or impose any terms on the Quest Videos that alter, restrict or are inconsistent with the terms of the User License or these Terms of Use.

Quest also reserves the right to terminate any User License at any time, and to no longer make the Quest Videos available for license. In the event of termination of a User License by Quest, you agree to immediately cease use of the Quest Videos, and if requested by Quest to notify Quest of any uses you made of the Quest Videos.

Claims of Copyright Infringement. If you believe that your work has been copied on the Site in any way without your permission, please provide the following information to our Agent to Receive Notification of Claimed Copyright Infringement at legal@quest.com. Your notice must contain the following:

  • Your electronic or physical signature;
  • A description of the work you claim has been infringed;
  • Identification of the work you claim infringes the copyrighted work and a description of where it is located on the Site;
  • Your address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner's agent or by law; and
  • A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Rules of Conduct

You understand and agree that:

  • Your use of the Site, including any content you submit, will comply with all applicable laws (including but not limited to laws governing competition, trade, false advertising and export control) and these Terms of Use.
  • You will not impersonate any other person or submit content on behalf of any other person or entity.
  • You will not submit content in exchange for payment or consideration received from any third party.
  • You will not collect information about other Site users without their consent.
  • You will treat other Site users with respect.
  • You will not submit any content that:
    • Infringes on the intellectual property rights or other rights of any person or entity;
    • Intentionally interferes with the Site’s operation;
    • Violates any person’s privacy or publicity rights or breaches any duty of confidentiality that you owe to anyone or provides any non-public information about Quest or any other company or person without authorization (including the names and contact information for Quest employees and Site users);
    • Is harassing, defamatory, abusive, pornographic, obscene or otherwise objectionable (in our sole judgment);
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, unsubstantiated or comparative claims regarding our or others’ products, third party advertising, spam, chain letters, or any other solicitation, including solicitation of lawsuits. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation or part of an “affiliate” program as determined by Quest in its sole discretion.

U.S. Government Restricted Rights

In addition to the restrictions on use provided above, the materials on the Site are provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by any federal, state or local government or authority is subject to further restrictions as set forth in applicable laws and regulations. Use of the materials by such government or authority constitutes acknowledgment of Quest's proprietary rights in them.

Copyright Information

The materials and information contained on the Site, including, but not limited to, the text, graphics, photographs, artwork, icons, images, logos, audio, video, downloads, data and compilations, belong to Quest or the original creator and are protected by applicable law, including, but not limited to, United States and international copyright law and regulations.

Disclaimers

The Site and all information and material contained on the Site or made available through the Site are provided on an “as is” and “as available” basis. Any software made available on the Site is warranted, if at all, only according to the additional terms and conditions that accompany the software. Quest makes no other representations or warranties of any kind whatsoever and disclaims all other warranties and representations, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular use or purpose, accuracy, noninfringement or operation. Quest does not guarantee the Site and the material and information contained on the Site will be without error or defect. You agree that you take full responsibility for your use of the Site.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL QUEST BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF QUEST OR A QUEST-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Quest and its parent companies, affiliates, subsidiaries, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, brought by a third party arising out of or related in any way to your use of the Site, violation of these Terms of Use, violation of any law or regulation, or violation of any proprietary or privacy right.

General Release

You hereby release and hold harmless Quest, its affiliated entities, employees, directors, officers, licensees and assigns and each of their respective designees ("Quest Entities") with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys' fees, due to or arising out of content you submit, post, transmit or make available through the Site.

Privacy

Quest’s Privacy Policy will apply to your use of the Site. The terms of Quest’s Privacy Policy are made a part of these terms; please review Quest’s Privacy Policy and related information about your privacy and Quest’s use of your information by clicking on the Privacy Policy link on this Site. You acknowledge and agree that you are responsible at all times for maintaining the confidentiality and protection of your account and password information if such information is applicable to your use of the Site. You are also responsible for adequately restricting the use and access to your computer, smartphone, or other device used to access the Site and all activity that occurs under your account due to your failure to protect such information.

Export Controls/Legal Compliance

None of the software or underlying information or technology available on the Site may be downloaded or otherwise exported or re-exported in violation of the laws and administrative regulations of the United States or any other applicable jurisdiction; or to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading, installing or using the software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country.

Our Transmissions

Any material, information or idea you transmit to or post on the Site by any means will be treated as nonconfidential and nonproprietary, and may be disseminated or used by Quest or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Quest may monitor, record or otherwise capture and maintain a record of your site session for quality control or for purposes relating to your visit and as disclosed to you at the time of your visit. Notwithstanding the foregoing, all personal data provided to or captured by Quest online will be handled in accordance with Quest's Privacy Policy. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Hyperlink Disclaimers

As a convenience to you, the Site may provide links to other websites operated by other entities (collectively, the “Linked Sites”). If you use any Linked Site, you will leave the Site. If you decide to visit any Linked Site, you do so at your own risk. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled or otherwise governed by Quest. The content, accuracy, opinions expressed and other links provided by Linked Sites are not investigated, verified, monitored or endorsed by Quest. Quest does not endorse or make any representation regarding or warrant any information, goods and/or services appearing or offered on any Linked Site. Links do not imply that Quest or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the Linked Sites, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Quest or any of its affiliates or subsidiaries. Quest is neither responsible for nor will it be liable under any theory based upon any Linked Site, any information or content found on any Linked Site, or any site linked to or from any Linked Site.

General Provisions

These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire understanding and agreement between you and us regarding your use of the Site.

Governing Law

You agree that any claim relating to the Site and the materials contained on the Site and related to your access and use of the Site will be governed by the laws of the state of Washington without regard to conflicts of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington.

Promoting Human Rights

All human beings should be treated with dignity and respect. Quest has created programs reasonably designed to ensure that all employees and others working on Quest’s behalf are doing so under their own free will and are being compensated in accordance with applicable laws. Quest employees should never engage in human rights abuse in the form of slavery, corporal punishment or child labor. Quest also sets expectations for social responsibility in our supply chain and includes social performance criteria in procurement decisions. We select vendors, suppliers and business partners who:

  • demonstrate a commitment to the health and safety of their workers and to compliance with laws regulating wages, hours and working conditions;
  • do not use forced or indentured labor, or raw materials or finished goods produced by forced or indentured labor; and
  • implement programs to ensure no materials come from sources that are responsible for human rights violations.

Term of Use Revisions

Quest may at any time revise these Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and should, therefore, periodically visit this page to determine the then current Terms of Use to which you are bound.

Use of Community Sites

A "Community Site" is a Site that consists of a discussion group, chat area, bulletin board, news group, letter to Quest, its webmaster or employees, or e-mail function offered as part of the Site. Community Sites are not commercial sites, although they may be used to link you to a commercial Site. Except to the extent provided here, Community Sites are subject to these Terms of Use in all respects. In the event of a conflict between the Terms of Use set forth above and the terms in this section, the terms in this section.

Registration. You agree that all information you submit at registration on this Community Site is accurate and that it is your responsibility to keep it current. If we have reasonable grounds to suspect that the registration data is untrue, inaccurate or incomplete, we have the right to suspend or terminate your Community Site account. It is your responsibility to maintain the confidentiality of your account information, and you are responsible for all use of the Community Site accessed through it. You acknowledge and agree that we may send you important information and notices regarding your account and the Community Site by email, text messaging or other means based on the information you provide to us.

Enforcement. Quest generally does not pre-screen content posted by Community Site users. However, we reserve the right, but undertake no duty, to review and/or approve all content submitted, and to block, edit or remove any content that we determine to be in violation of these Terms of Use or otherwise in our sole discretion. To report violations of these Terms of Use, please write to the Community Administrator at webmaster@quest.com. Although the Community Site may be moderated or monitored by Quest or its agents, it is not a substitute for contacting Quest support. To contact Quest support, start at: support.quest.com.

We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. We also reserve the right to discontinue any part of the Site at any time.

License and Release. You grant to Quest and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any ideas, expression of ideas or other information, content or materials you submit to any Community Site (collectively, “Materials”) without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Materials, and all rights therein, in the name of Quest or its designees throughout the universe in perpetuity in any and all media now or hereafter known. The license shall also permit Quest and its designees to use portions of the Materials you submit, rerecord or modify any audio tracks or visual images you provide, rewrite any Materials you submit, and/or incorporate other materials, either created by Quest and its designees or licensed from third parties, with the Materials you submit. Any such works shall be deemed Materials owned by Quest and shall not be subject to your approval or payment by Quest of any compensation to you. We shall have the right, but not the obligation, to use your name, photograph, likeness, voice, performance, biography and other information about you in connection with the Materials you submit.

You also agree that we are free to use any of the Materials or any comments, information or ideas contained in any content or communication you submit to us or the Community Site, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to advertising and marketing, modifying the Community Site and developing products and services.

You agree that the Materials you submit fully comply with these Terms of Use, including that your Materials are original with you and accurate and do not violate the rights of any third party or applicable law or ordinance. If it is determined that you have violated any of these terms you may be barred from accessing the Community Site and we may pursue any remedies available to us. You acknowledge and agree that the relationship between you and Quest is not a confidential, fiduciary, or other special relationship.

You acknowledge and agree that Quest and its designees may create on their own or obtain many submissions that may be similar or identical to the Materials you. You hereby waive any and all claims you may have had, may have now, and/or may have in the future, that the Materials accepted, reviewed and/or used by Quest and its designees may be similar to your Materials.

This page was last updated on 5/6/2021.