General Terms Of Use

Version of: June 2019

I. General Information

It is our pleasure to welcome you to the website of CLEONDRIS GmbH ("CLEONDRIS"). We have set up a few rules to keep our website attractive, informative and secure for users at all times. As a user of our website, please read the following legal information carefully. By accessing and using this website, you express your consent to the present Terms of Use. If you do not agree with the Terms of Use, please refrain from using our website. From time to time the Terms of Use of the website and the Privacy Policy may be adapted, supplemented or modified. Each time the website is called or visited, the latest available versions of the above-mentioned documents shall apply. We shall keep you informed of any substantial changes we have made to those documents through a notice on our websites and/or in our mobile Apps as well as an updated version of the provisions. In the event of any contradictions between the clauses of these Terms of Use and CLEONDRIS's other applicable terms of business or contract clauses, the specific provisions shall have priority, e.g., the Privacy Policy in the case of privacy/data protection issues.

II. Copyright and trademark protection

The pages and items contained therein, such as information, texts, images, photographs, designs and all other files of our website are protected by law. Unless indicated otherwise, such items are subject to copyright, trademark protection or other rights of CLEONDRIS or of its licensors. You are not granted any rights by downloading, copying, translating or processing such items on other media, e.g., on your own website or in a database. The items may be freely used for browsing purposes only. If items are reproduced in any form (electronically or in writing), in whole or in part, which is permissible solely for personal and non-commercial purposes, the source must be expressly mentioned and all the existing indications of copyrights and other intellectual property rights must be left intact.

III. No liability for third-party websites

The CLEONDRIS website may contain hyperlinks to websites created and maintained by third parties. CLEONDRIS has no control over the websites of such third parties and therefore cannot have detailed knowledge of the contents of such websites. By including hyperlinks, CLEONDRIS merely provides access to the linked websites and assumes no liability for the content thereof.

IV. Purpose and content of this website - No binding offers

The website contains general information, advertising content and descriptions of CLEONDRIS products. Such information and descriptions are merely indicative of the product range and therefore do not constitute binding offers or requests to bid on any specific goods or services sold.

V. No warranties

CLEONDRIS takes measures to ensure the accuracy of the information on this website but is not capable of giving any warranties or guarantees of the topicality, completeness or accuracy of the data or regarding its features, hyperlinks or content. In particular, unless otherwise stated in a license agreement, any downloadable content such as for example trial software is provided on an "as is" basis. CLEONDRIS MAKES AND END USER RECEIVES NO WARRANTY, EXPRESS OR IMPLIED, AND CLEONDRIS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. In addition, CLEONDRIS can neither warrant nor guarantee that using the website will not infringe any third party rights that are not held by CLEONDRIS.

VI. Limitation and exclusion of liability

All information, pages and features provided on this website may be temporarily or permanently discontinued by CLEONDRIS, which shall in no way be held legally responsible or liable for such temporary or permanent interruption or discontinuation of information, pages and features. CLEONDRIS's liability for loss and damage attributable to itself or to its employees, legal representatives or vicarious agents shall be limited to the mandatory statutory liability, including under the Product Liability Act, and for loss and damage caused by gross negligence or wilful misconduct. CLEONDRIS hereby disclaims all further liability or legal responsibility for damage, defects or losses, particularly claims for direct, indirect or consequential damages, loss of use or profit, or data loss or damage that you or any third party may incur in connection with this website.

VII. Data Protection

It is important to us to protect your privacy. To see how we handle your personal data, please read the rules of personal data protection underlying these Terms of Use.

VIII. Final Provisions, Applicable Law and Jurisdiction

If any individual provisions or parts of these Terms of Use are or become null and void, the validity of the remaining Terms of Use shall not be affected thereby. These Terms of Use are governed by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods ("CISG"). The place of jurisdiction shall be Kriens. Notwithstanding the foregoing, CLEONDRIS also has the right to sue the Customer at the competent court of the Customer's domicile/place of residence, or at any other competent court.

IX. Contact

If you have any questions about these Terms of Use, please write an e-mail to [email protected] or use the contact information given here.

CLEONDRIS®, CDM®, SNAPGUARD® and ULTRAVIRT® are registered trademarks of Cleondris GmbH in Switzerland, the United States, the EU, China, Liechtenstein and/or other jurisdictions. VMware is a registered trademark or trademark of VMware, Inc. in the United States and/or other jurisdictions. NetApp, Data ONTAP, FlexClone, FlexVol, MetroCluster, Network Appliance, ONTAPI, RAID-DP, SnapMirror, SnapVault, vFiler and WAFL are trademarks or registered trademarks of NetApp, Inc. in the U.S. and/or other countries. All other brands or products are trademarks or registered trademarks of their respective holders and should be treated as such.

Please note our General Terms of Use of this Website or read our Privacy Policy. For general inquiries, please refer to our contact information and impress. Thank you for visiting our website.